PUBLIC LAW 104–79—DEC. 28, 1995 109 STAT. 791

Public Law 104–79

104th Congress

An Act

To amend the Federal Election Campaign Act of 1971 to improve the electoral

process by permitting electronic filing and preservation of Federal Election Commission reports, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. ELECTRONIC FILING AND PRESERVATION OF FEDERAL

ELECTION COMMISSION REPORTS.

(a) SECTION 304 AMENDMENT.—Subsection (a) of section 304

of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a))

is amended by adding at the end the following new paragraph:

‘‘(11)(A) The Commission shall permit reports required by this

Act to be filed and preserved by means of computer disk or any

other appropriate electronic format or method, as determined by

the Commission.

‘‘(B) In carrying out subparagraph (A) with respect to filing

of reports, the Commission shall provide for one or more methods

(other than requiring a signature on the report being filed) for

verifying reports filed by means of computer disk or other electronic

format or method. Any verification under the preceding sentence

shall be treated for all purposes (including penalties for perjury)

in the same manner as a verification by signature.

‘‘(C) As used in this paragraph, the term ‘report’ means, with

respect to the Commission, a report, designation, or statement

required by this Act to be filed with the Commission.’’.

(b) SECTION 302 AMENDMENT.—Subsection (d) of section 302

of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(d))

is amended by adding at the end the following new sentence:

‘‘For any report filed in electronic format under section 304(a)(11),

the treasurer shall retain a machine-readable copy of the report

as the copy preserved under the preceding sentence.’’.

(c) EFFECTIVE DATE.—The amendments made by subsection

(a) and subsection (b) shall apply with respect to reports for periods

beginning after December 31, 1996.

SEC. 2. WAIVER OF DUPLICATE FILING REQUIREMENT FOR STATES

WITH ELECTRONIC ACCESS TO FEDERAL ELECTION

COMMISSION REPORTS AND STATEMENTS.

Section 312 of the Federal Election Campaign Act of 1971

(2 U.S.C. 439) is amended by adding at the end the following

new subsection:

‘‘(c) Subsections (a) and (b) shall not apply with respect to

any State that, as determined by the Commission, has a system

2 USC 432 note.

Dec. 28, 1995

[H.R. 2527]

109 STAT. 792 PUBLIC LAW 104–79—DEC. 28, 1995

that permits electronic access to, and duplication of, reports and

statements that are filed with the Commission.’’.

SEC. 3. FILING OF HOUSE OF REPRESENTATIVES ELECTION REPORTS

WITH THE FEDERAL ELECTION COMMISSION, RATHER

THAN WITH THE CLERK OF THE HOUSE OF REPRESENTATIVES.

(a) SECTION 302 AMENDMENTS.—Subsection (g) of section 302

of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(g))

is amended—

(1) by striking out paragraph (1);

(2) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;

(3) in paragraph (2), as so redesignated by paragraph (2)

of this subsection—

(A) by striking out ‘‘Clerk of the House of Representatives and the’’; and

(B) by striking out ‘‘them’’ and inserting in lieu thereof

‘‘the Secretary’’;

(4) in paragraph (3), as so redesignated by paragraph (2)

of this subsection, by striking out ‘‘paragraphs (1) and (2)’’

and inserting in lieu thereof ‘‘paragraph (1)’’; and

(5) in paragraph (4), as so redesignated by paragraph (2)

of this subsection, by striking out ‘‘Clerk of the House of Representatives and the’’.

(b) SECTION 304 AMENDMENTS.—Section 304 of the Federal

Election Campaign Act of 1971 (2 U.S.C. 434) is amended—

(1) in the first sentence of subsection (a)(6), by striking

out ‘‘Clerk, the Secretary,’’ and inserting in lieu thereof ‘‘Secretary’’; and

(2) in the third sentence of subsection (c)(2), by striking

out ‘‘Clerk, the Secretary,’’ and inserting in lieu thereof ‘‘Secretary’’.

(c) SECTION 311 AMENDMENT.—Section 311(a)(4) of the Federal

Election Campaign Act of 1971 (2 U.S.C. 438(a)(4)) is amended

by striking out ‘‘Clerk, Secretary,’’ and inserting in lieu thereof

‘‘Secretary’’.

PUBLIC LAW 104–79—DEC. 28, 1995 109 STAT. 793

LEGISLATIVE HISTORY—H.R. 2527:

CONGRESSIONAL RECORD, Vol. 141 (1995):

Nov. 13, considered and passed House.

Nov. 20, considered and passed Senate.

Æ

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to reports, designations, and statements

required to be filed after December 31, 1995.

Approved December 28, 1995.

2 USC 432 note.