Notice2023-00128
Notice of Public Hearing and Request for Public Comments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 9, 2023
Issuing agencies
Federal Election Commission
Abstract
The Federal Election Commission seeks public comment on its policies and procedures regarding the auditing of political committees that do not receive public funds. The Commission also is announcing a public hearing on its audit procedures.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 5 (Monday, January 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1228-1229]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00128]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
[Notice 2023-01]
Notice of Public Hearing and Request for Public Comments
AGENCY: Federal Election Commission.
ACTION: Notice of public hearing and request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Election Commission seeks public comment on its
policies and procedures regarding the auditing of political committees
that do not receive public funds. The Commission also is announcing a
public hearing on its audit procedures.
DATES: Comments must be submitted on or before February 8, 2023. A
hybrid public hearing will be held on a later date at the Federal
Election Commission, 1050 First St. NE, 12th floor Hearing Room,
Washington, DC 20463, and virtually. The Commission will publish a
notification of hearing in the Federal Register announcing the date and
time of the hearing. Anyone seeking to testify at the hearing must file
written comments by the due date and must include in the written
comments a request to testify.
ADDRESSES: All comments must be in writing. Commenters may submit
comments by email to <a href="/cdn-cgi/l/email-protection#ec8d99888598dedcdedfac8a898fc28b839a"><span class="__cf_email__" data-cfemail="92f3e7f6fbe6a0a2a0a1d2f4f7f1bcf5fde4">[email protected]</span></a>.
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, 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: Ms. Amy L. Rothstein, Assistant
General Counsel, or Ms. Joanna S. Waldstreicher, Attorney, Office of
the General Counsel, at <a href="/cdn-cgi/l/email-protection#9dfce8f9f4e9afadafaeddfbf8feb3faf2eb"><span class="__cf_email__" data-cfemail="254450414c5117151716654340460b424a53">[email protected]</span></a> or 202-694-1650.
SUPPLEMENTARY INFORMATION: The Commission administers the Federal
Election Campaign Act,\1\ in relevant part, through a review of
disclosure reports that are filed with the Commission. When the
Commission's review of a non-publicly-funded political committee's
disclosure reports indicates that the reports appear not to have met
the threshold requirements for substantial compliance with the
requirements of the Act, the Commission may conduct an audit of the
committee to determine whether the committee complied with the Act's
limitations, prohibitions and disclosure requirements.\2\ The
Commission's procedures regarding these audits are primarily set forth
in Directive 70: FEC Directive on Processing Audit Reports; \3\
Procedural Rules for Audit Hearings; \4\ and a program for requesting
consideration of legal questions by the Commission.\5\
---------------------------------------------------------------------------
\1\ 52 U.S.C. 30101-45.
\2\ 52 U.S.C. 30111(b). The Commission is required by law to
audit presidential committees that receive public funds. 52 U.S.C.
30111(b); 26 U.S.C. 9007(a), 9038(a).
\3\ <a href="https://www.fec.gov/resources/cms-content/documents/directive_70.pdf">https://www.fec.gov/resources/cms-content/documents/directive_70.pdf</a> (adopted in 2010 and last modified in 2011).
\4\ 74 FR 33,140 (July 10, 2009) and Correction, 74 FR 39,535
(August 7, 2009).
\5\ Policy Statement Regarding a Program for Requesting
Consideration of Legal Questions by the Commission, 84 FR 36,602
(July 29, 2019) (updating Commission's contact information,
recounting history of similar changes to program since adopted in
2011, and publishing current policy in full); Directive 69: FEC
Directive on Legal Guidance to the Office of Compliance, <a href="https://www.fec.gov/resources/cms-content/documents/directive_69.pdf">https://www.fec.gov/resources/cms-content/documents/directive_69.pdf</a>
(adopted in 2010).
---------------------------------------------------------------------------
In the course of addressing its administrative responsibilities,
the Commission periodically reviews its programs to ensure that it is
fulfilling its mission of enforcing and administering the Act while
continuing to afford due process and efficiency to political
committees. The purpose of this Notice is to reexamine the Commission's
policies and procedures regarding the auditing of political committees
that do not receive public funds, and to give the regulated community
and representatives of the public an opportunity to bring before the
Commission comments and concerns about its audit process. The
Commission will use the comments received to help determine whether
internal directives or practices should be adjusted, and if so, how.
The Commission is not, in this notice, seeking comment on its policies,
practices, and procedures regarding audits of publicly funded
committees.
The Commission seeks comments addressing the audit process since
the most recent changes were made over ten years ago: for example, the
Rules for Audit Hearings in 2009, Directives 69 and 70 in 2010, and the
Program for Requesting Consideration of Legal Questions in 2011. For
example, are committees being given sufficient
[[Page 1229]]
opportunity to be heard by the Commission during the audit process? Has
the audit process become more complex, costly, or inefficient? What can
the Commission do to improve the audit process?
The Commission welcomes comments on how it might increase fairness,
substantive and procedural due process, efficiency, and effectiveness
of the Commission's auditing of political committees, and how the audit
function could best serve the Commission's mission and enhance
disclosure and compliance with the Act. The Commission is particularly
interested in hearing from committees that have directly interacted
with the Commission in the audit process, and their counsel, on how the
Commission's audit policies and procedures have facilitated or hindered
committees' productive interaction with the agency and substantial
compliance with the Act.
On behalf of the Commission.
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-00128 Filed 1-6-23; 8:45 am]
BILLING CODE 6715-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.