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      FEC Record: Commission
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      Commission recommends legislative changes (2014)

FEC Record: CommissionCommission recommends legislative changes (2014)December 22, 2014 On December 11, 2014, the Commission unanimously approved seven recommendations for changes to current campaign finance law. Two of the recommendations advocate expanding electronic filing requirements, and others relate to other registration and reporting
    requirements.  **Electronic filing of Senate reports**The Commission recommends that Congress require electronic filing by senatorial  committees that have, or expect to have, financial activity in excess of an  established threshold (currently $50,000 per calendar year). Currently, Senate  filers are the only political committees that are not required to file  disclosure reports electronically once they reach this threshold. The  Commission recommendation notes that reports filed electronically are  normally available to the public within minutes, while Senate paper filings can  take up to 30 days to be integrated into the Commission’s searchable databases.  The Commission estimates $430,000 per year in costs directly attributable to  current Senate filing procedures would be saved by requiring electronic filing. **Electronic filing of electioneering  communication reports**The Commission recommends Congress  require reports of electioneering communications be filed electronically with  the Commission, rather than on paper. Many independent expenditure reports are  already subject to mandatory electronic filing. However, because political  committees do not file electioneering communication reports, and because funds  spent on electioneering communications are considered “disbursements,” and not  “expenditures,” the mandatory electronic filing provisions generally do not  apply to electioneering communication reports. The Commission suggests only entities  that report more than $50,000 of electioneering communications should be subject  to mandatory electronic filing. **Authority to create Senior Executive  Service positions**The Commission recommends  Congress allow the FEC to create Senior Executive Service (SES) positions  within the agency.  Currently, the agency  has several top management positions that the Commission believes would satisfy  the criteria for SES positions detailed in 5 U.S.C. §3132, but the agency  is prohibited by law from creating SES positions. The recommendation states  these changes are needed to bring the Commission’s personnel structure in line  with that of other comparable federal agencies and to ensure the Commission is  better able to compete in recruiting and retaining key management employees. **Fraudulent misrepresentation of campaign  authority**The Commission recommends  Congress revise the existing prohibitions on fraudulent misrepresentation of  campaign authority to include all persons claiming to act on behalf of  candidates and real or fictitious political committees and organizations. The  Commission also recommends Congress remove the current requirement that the  fraudulent misrepresentation must pertain to a matter that is “damaging” to  another candidate or political party. The Commission believes that the fraudulent  misrepresentation prohibition should extend to any person who would disrupt a  campaign by unlawful means, rather than being limited to candidates and their  agents and employees. **Make permanent the administrative fine  program for reporting violations**The Commission recommends Congress  make permanent the agency’s authority to levy administrative fines for  violations of the law requiring timely filing of disclosure reports. In  December of 2013, President Obama signed legislation extending the  Administrative Fine program until December 31, 2018. The Administrative Fine  program was first implemented in 2000. From its inception through the end of  fiscal year 2014, the Commission has processed and made public 2,683 cases and  assessed more than $5 million in fines. The Administrative Fine program has  been very successful and cost-effective, resulting in a decrease in the number  of reports filed late. **Increase and index for inflation registration and reporting thresholds**The Commission recommends  Congress increase and index for inflation certain registration and reporting  thresholds contained in the Federal Election Campaign Act (the Act). Most of  the contribution limits and registration and reporting thresholds were set in  the 1970s. The Bipartisan Campaign Reform Act of 2002 increased most of the Act’s  contribution limits to adjust for some of the effects of inflation, but that  Act did not cover certain registration and reporting thresholds. The Commission  asks Congress to index for inflation the $1,000 per calendar year registration  threshold for political committees at 52 U.S.C. §30101(4)(A) and the $250  per year threshold for reporting independent expenditures. The Commission  suggests these increased thresholds will ease the compliance burdens on smaller  organizations and individuals and exempt some individuals and small  organizations that engage in only minimal spending from the Act’s registration  and reporting requirements. The Commission requests both thresholds be  increased to an amount determined by Congress and indexed for inflation. **Authority to accept gifts**The  Commission recommends Congress give the agency authority to accept gifts of goods  and services that will assist the agency in carrying out its duties. The  Commission seeks authorization to accept gifts from private sources in order to  further its goal of facilitating transparency through a state-of-the-art,  web-based public disclosure system. The Commission only seeks the authority to  accept gifts for the purpose of carrying out its mission. The Commission  recognizes that vigilant review would be required to limit conflicts of interest  and would promulgate a rule governing disclosure of any gifts prior to their acceptance. The complete package of legislative recommendations is available on the FEC’s  website. **** **Resources:**  2014 legislative recommendations
    Commission consideration of 2014 legislative recommendationsAudio File Icon
 Author
          Isaac BakerCommunications Specialist


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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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