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      FEC Record: Regulations
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      New law authorizes administrative fines extension and expansion (2014)

FEC Record: RegulationsNew law authorizes administrative fines extension and expansion (2014)January 23, 2014 On January 13, 2014, the Commission approved final rules to extend  through 2018 the agency’s Administrative Fines Program (AFP) for late filing  and failure to file FEC reports. The rules implement legislation enacted on  December 26, 2013, that gave the Commission authority to extend the program and  to expand it to cover certain reports not previously subject to administrative  fines. The Commission plans to address the possible expansion in a future  rulemaking. Initially authorized on a trial basis by 1999 amendments to  the Federal Election Campaign Act, the AFP enables the Commission to assess  civil money penalties for political committees that fail to file their regular  financial reports on time or at all, and for campaign committees that fail to  file 48-hour notices of large last-minute contributions received. 2 U.S.C. §437g(a)(4)(C);  11 CFR 111.30 to 111.46. Congress has extended the program several times over  the years, with the current extension covering reports that disclose activity  through December 31, 2018. The Commission’s revised rules implement this  extension and also, for the first time, permit payment of administrative fines  by methods other than check or money order.*See*79 Fed. Reg. 3302 (January 21, 2014). Though not included in this rulemaking, the recent legislation  also authorized the Commission to expand the scope of the AFP to include the  following categories of reporting violations: Independent expenditure reports filed by  individuals and other entities using FEC Form 5 (2 U.S.C. § 434(c));            Certain federal election activity reports filed  by state and local parties using FEC Form 3X (2 U.S.C. § 434(e));            Electioneering communications reports filed by  individuals and other entities using FEC Form 9 (2 U.S.C. § 434(f));            24- and 48-Hour reports of independent  expenditures filed by political committees (using Schedule E of FEC Form 3X), and  individuals, corporations, unions and other entities (using FEC Form 5) (2  U.S.C. § 434(g));            Bundling reports filed by campaigns, party  committees and leadership PACs using FEC Form 3L (2 U.S.C. § 434(i)); and            Convention reports filed by convention and host  committees in regard to national party conventions (2 U.S.C. § 437). The Commission intends to address any possible expansion of  the AFP to these reporting requirements through a separate rulemaking. **Resources:** Text of Bill as passed into law via Library of Congress (Public Law # 113-72) [PDF]            Administrative  Fine program            Reporting  forms and instructions            Reporting dates
 Author
          Dorothy  YeagerEnterprise Resource Analyst


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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