This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

23628

Vol. 66, No. 90

Wednesday, May 9, 2001

1The Secretary of the United States Senate Office

of Public Records is the proper recipient of reports

of independent expenditures that either support or

oppose only candidates for the Unites States Senate.

11 CFR 104.4(c)(2).

FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 104, and 109

[Notice 2001–6]

Independent Expenditure Reporting

AGENCY: Federal Election Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Election

Commission is seeking comment on

proposed rules to implement statutory

changes to the procedures for filing

certain reports of independent

expenditures. The proposed rules would

require that reports of last minute

independent expenditures (‘‘24-hour

reports’’) be received by the

Commission or the Secretary of the

Senate’s office within 24 hours of the

time the expenditure was made. To

assist filers in meeting this new filing

deadline, the proposed rules would

allow reports of last minute

independent expenditures to be filed by

facsimile machine or electronic mail,

unless the filer participates in the

Commission’s electronic filing program.

In addition to faxing or e-mailing 24-

hour reports, persons other than

political committees (who are not part

of the electronic filing program) would

be allowed to fax or e-mail any reports

of independent expenditures filed under

the regular reporting schedules.

However, electronic filers must

continue to file all reports of

independent expenditures (24-hour

reports as well as regularly scheduled

reports) using the Commission’s

electronic filing system. Please note that

the draft rules that follow do not

represent a final decision by the

Commission on the issues presented by

this rulemaking. Further information is

provided in the supplementary

information that follows.

DATES: Comments must be received on

or before June 8, 2001.

ADDRESSES: All comments should be

addressed to Ms. Rosemary C. Smith,

Assistant General Counsel, and must be

submitted in either written or electronic

form. Written comments should be sent

to the Federal Election Commission, 999

E Street, NW., Washington, DC 20463.

Faxed comments should be sent to (202)

219–3923, with printed copy follow-up

to insure legibility. Electronic mail

comments should be sent to

IndyExpRep@fec.gov Commenters

sending comments by electronic mail

must include their full name, electronic

mail address and postal service address

within the text of their comments.

Comments that do not contain the full

name, electronic mail address and

postal service address of the commenter

will not be considered. The Commission

will make every effort to have public

comments posted on its Web site within

ten business days of the close of the

comment period.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosemary Smith, Assistant General

Counsel, or Ms. Cheryl Fowle, Attorney,

999 E Street, NW., Washington, DC

20463, (202) 694–1650 or (800) 424–

9530.

SUPPLEMENTARY INFORMATION: On

October 23, 2000, Public Law 106–346

(Department of Transportation and

Related Agencies Appropriations Act,

2001,114 Stat. 1356 (2000)) amended

the Federal Election Campaign Act of

1971, 2 U.S.C. 431 et seq., (‘‘the Act’’ or

‘‘FECA’’) regarding the filing of

independent expenditure reports under

2 U.S.C. 434(b) and (c). Paragraphs (b)

and (c) of 2 U.S.C. 434 require political

committees and other persons making

independent expenditures to file reports

or statements if their independent

expenditures exceed a certain amount of

money. In addition, if independent

expenditures of $1,000 or more are

made less than twenty (20) days but

more than twenty-four (24) hours before

the day of an election, an additional

statement must be filed within 24 hours.

Public Law 106–346 requires, inter alia,

that the Commission issue rules

requiring that reports of independent

expenditures made less than twenty (20)

days but more than twenty-four (24)

hours before an election (‘‘24-hour

reports’’) must be received by the

Commission or the Secretary of the

Senate, as appropriate,1 within 24 hours

of the time the independent expenditure

was made. The statutory change permits

all 24-hour reports to be filed using

facsimile machines or electronic mail,

unless the filer is part of the

Commission’s electronic filing program

(see 11 CFR 104.18). In addition to their

24-hour reports, persons other than

political committees may file by fax or

e-mail other reports of independent

expenditures in accordance with the

regular filing schedule (see 11 CFR

104.5). The statutory amendment also

requires the Commission to provide

methods of verification of documents

(other than requiring a signature on the

document) for all purposes, including

penalties of perjury. The new law

requires this system to be in place for

elections occurring after January 1,

2001, subject to regulations to be

promulgated by the Commission.

These new filing methods are

intended to speed up disclosure and to

provide political committees and other

filers with more flexibility in choosing

methods of compliance.

In addition to the amendments

regarding independent expenditures,

the new law also requires the

Commission to amend its regulations to

exclude from the definition of

‘‘contribution’’ loans that candidates

receive from brokerage accounts, lines

of credit, or other credit instruments as

long as the loans were made under

commercially reasonable terms and

were from a source that provides such

loans in the normal course of business.

That topic is being addressed in a

separate rulemaking.

A. Reports of Independent

Expenditures Filed by Facsimile

Machine or Electronic Mail

(11 CFR 104.4 and 109.2)

Currently, 24-hour reports are filed by

political committees using Schedule E

and by persons other than political

committees using either FEC Form 5, or

a signed statement containing the

information specified in 11 CFR

109.2(a)(1). Currently, most reports of

independent expenditures are filed on

paper. Note that those participating in

the Commission’s electronic filing

program are required to send a paper

copy or to submit a digitized file in

addition to their electronic filing

because the reports must be notarized.

Under the new law and the proposed

revisions to the regulations at 11 CFR

100.19(d), 104.4(b) and 109.2(a), all

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules 23629

filers who are not part of the

Commission’s electronic filing program

would be able to fax or electronically

mail their 24-hour reports. Note that the

new law and proposed revisions to

section 109.2(a) also allow persons other

than political committees (unless they

submit reports under the Commission’s

electronic filing program—see infra) to

file any other reports of independent

expenditures (in accordance with the

reporting schedule in 11 CFR 104.5)

using a fax machine or e-mail.

Under current sections 104.4(b) and

109.2(a)(1)(v), Schedule E, Form 5, and

the signed statement must contain a

notarized certification under penalty of

perjury as to whether the expenditures

were ‘‘coordinated’’ with any candidate,

authorized committee or agent thereof,

and, if the independent expenditures

were made by a corporation, that the

maker is a qualified nonprofit

corporation (see 11 CFR 114.10). The

Commission is considering adding new

paragraph (a)(1)(vi) to section 109.2 to

require those who file a statement

instead of FEC Form 5 to certify that the

expenditure was not made to finance,

disseminate, distribute or republish

campaign materials prepared by a

candidate or a candidate’s agent or

authorized committee. Current

paragraph (a)(1)(vi) would be

renumbered (a)(1)(vii). New paragraph

(a)(1)(vi) is consistent with the

certification signed by those who file

FEC Form 5 or Schedule E. The

certification stems from the legislative

history of the 1976 FECA. The

Conference Report to the 1976 FECA

explained that ‘‘any expenditure to

finance publication of any campaign

broadcast or any other campaign

materials prepared by a candidate shall

be considered to be a contribution to

that candidate.’’ H.R. Rep. No. 94–1057

at 55 (1976). Thus, the Commission’s

forms have required makers of

independent expenditures to

affirmatively state that the expenditure

was not made to disseminate the

campaign’s own materials. On the other

hand, however, the statutory

certifications required by 2 U.S.C.

434(b)(6)(B)(iii) and (c)(2)(A) do not

address distribution of candidateprepared materials. Consequently, the

Commission requests comments on not

adding the certification statement to

paragraph (a)(1)(vi) and removing that

part of the certification from FEC Form

5 and Schedule E.

The Department of Transportation

and Related Agencies Appropriations

Act, 2001 requires the Commission to

create methods of verifying the

independent expenditure statement

filed, other than by requiring a signature

on the document, for all purposes

(including penalties of perjury). The

Commission is proposing to allow selfcertification by the filer to verify the

filed report. This means that

notarization would no longer be

required for Schedule E, Form 5, or

signed statements. Instead, the filer

would be required to simply self-certify

the document using either a

handwritten signature on a paper

document or by typing his or her name

on electronic documents. Note that no

other campaign finance reports filed

with the Commission or the Secretary of

the Senate need to be notarized.

To implement the self-certification

verification, the proposed amendments

to 11 CFR 109.2(a)(1)(v) would require

that a prescribed statement of

certification as to the independence of

the expenditure continue to be included

in any statement filed by persons other

than political committees. Conforming

amendments to FEC Form 5 and

Schedule E would be made at a later

point, which would include selfcertification and would remove

notarization.

Proposed new paragraph (c) of 11 CFR

109.2 and proposed paragraphs (b)(1)

and (2) of 11 CFR 104.4 set forth two

methods for verifying reports of

independent expenditures. Reports filed

in paper form (e.g., by hand delivery or

fax machine), would be verified by the

filer’s signature under the certification

language. For reports filed by electronic

mail, the Commission proposes

certification by requiring the filer to

type his or her name under the

certification language.

As an alternative to self-certification,

the Commission seeks comments on

retaining the current notarization

requirement for faxed reports and

requiring electronic notarizations for emailed reports. Given that only a

handful of states have electronic notary

statutes, is this feasible for filers from

other states and territories? The

Commission is concerned that differing

standards for electronic notarizations

among the many states may require the

Commission to accept dozens of

different electronic notaries, a process

which could be cumbersome and

expensive.

The Commission is also considering

whether to require standard paper

notarization for faxed reports and digital

signatures that are verified by a

‘‘Trusted Third Party’’ for e-mailed

reports. Such digital signatures are the

basis for transactions in electronic

commerce. Digital signatures utilize a

Public Key Infrastructure. That structure

uses Public and Private Keys to encode

a message and to provide a method of

positively identifying the sender.

The Commission requests comments

on the proposed self-certification

method of verification of the filed

documents and also on any other

methods of verification, whether

mentioned above or not.

B. Reports of Independent Expenditures

Filed by Registered or Certified Mail

(11 CFR 100.19)

Current Commission regulations at 11

CFR 100.19(b) state that a document is

timely filed when it is received by the

close of the prescribed filing date or, in

the case of documents filed by certified

or registered mail, when it is deposited

in an established U.S. Post Office and is

postmarked no later than the prescribed

filing date (with the exception of preelection reports). Hence, 24-hour reports

are currently considered timely filed if

they are deposited at a Post Office and

are postmarked for certified or

registered mail within 24 hours of the

time the independent expenditure was

made.

Under Pub. L. 106–346 and proposed

regulations at paragraph (b) and new

paragraph (d) of 11 CFR 100.19, 24-hour

reports would be considered timely

filed only upon their receipt by the

Commission or Secretary of the Senate

within 24 hours of making the

independent expenditure. Thus, while a

filer could use registered or certified

mail for their 24-hour report, the report

would no longer be timely filed when

postmarked. Moreover, it is unlikely

that reports filed by certified or

registered mail would be received by the

Commission within 24 hours of the

making of the expenditure. Since it

appears that some of the current filing

methods will not satisfy the new filing

deadlines, proposed revisions to

paragraph (b) of section 100.19 would

make it clear that 24-hour reports are

not included in those reports that are

considered timely filed when

postmarked for registered or certified

mail. Proposed paragraph (d) of 11 CFR

100.19 would state that 24-hour reports

of independent expenditures are

considered timely filed upon receipt by

the Commission or the Secretary, as

appropriate, in accordance with 11 CFR

104.4(c).

A conforming amendment would be

added to 11 CFR 100.19(a) to note that

documents filed using the Commission’s

electronic filing program would be

timely filed in accordance with

paragraph (c) of that section.

Additionally, the Commission proposes

revising paragraph (a) to say ‘‘close of

business on the prescribed filing date’’

to conform with paragraph (b) as to

23630 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

when, on the filing date, the documents

are due. Currently, paragraph (a) states

that documents are timely filed by the

‘‘close of the prescribed filing date,’’

while paragraph (b) states that

documents mailed by first class mail

shall be timely filed at the ‘‘close of

business of the prescribed filing date.’’

In addition, conforming amendments

to 11 CFR 104.4(b), 104.5(g) and

109.2(b) would also clarify that 24-hour

reports must be received by the

appropriate filing authority within 24

hours after the independent expenditure

is made. Further, the Commission is

proposing conforming amendments to

11 CFR 104.14(a) regarding the new

verification requirements for faxed or emailed reports of independent

expenditures and to reference the

signature requirements for the electronic

filing program in 11 CFR 114.18(g).

C. When Is an Independent Expenditure

‘‘Made’’? (11 CFR 109.1)

The statutory amendment and the

proposed regulations require 24-hour

reports to be received by the

Commission or the Secretary of the

Senate within 24 hours of the time the

independent expenditure is made. The

Commission is proposing that new

paragraph (f) be added to 11 CFR 109.1

to clarify when an independent

expenditure is ‘‘made’’. This new

definition would state that an

independent expenditure is made at the

earliest of three possible events: The

first would be when a written contract,

promise or agreement to make an

independent expenditure is executed;

for example, when a contract to run a

newspaper ad is signed. The second

possible occurrence would be the first

date on which the communication is

disseminated to the public; for example,

the first time a radio ad is broadcast.

The third event triggering the making of

an independent expenditure would be

when the person making the

expenditure pays for it; for example,

when a check is delivered to a media

firm for production costs or to a

television station for an ad to be run

later. The Commission seeks comments

on this new definition. Is it necessary?

Does it accurately reflect the possible

times when an independent expenditure

would be deemed ‘‘made’’? Should the

Commission attempt to further explain

which types of written contracts,

promises, or agreements would or

would not constitute the making of the

independent expenditure? For example,

should only those covering the

dissemination of a communication be

included (e.g., airtime TV buys or

newspaper space purchases)?

D. Proposed Changes to the

Commission’s Electronic Filing

Program (11 CFR 104.18)

Under current regulations at 11 CFR

104.18(h), those participating in the

Commission’s electronic filing program

(either mandatory or voluntary) must

file FEC Form 5 or Schedule E

electronically accompanied by a paper

copy in order to file a notarized

document. The new law exempts such

electronic filers from filing their reports

of independent expenditures by fax or

electronic mail. In order to afford all

electronic filers the ability to comply

with the new requirement that 24-hour

reports be received by the Commission

within 24 hours, the Commission

proposes revising 11 CFR 104.18(h) to

drop Schedule E and FEC Form 5 from

the list of reports for which a paper

copy follow-up is required. The

Commission proposes requiring those in

the electronic filing program to verify all

reports of independent expenditures

using the same process as they would in

filing any other report.

The Commission’s electronic filing

software, FECFile, currently creates

Schedule E for electronic filing by

political committees. The Commission’s

electronic filing system accepts FEC

Form 5 if created by another entity

using the Commission’s specifications

(available on the FEC Web site,

www.fec.gov), but FECFile does not

currently create Form 5. The

Commission intends to make FEC Form

5 available in the FECFile software

package. Note that this software is

available for free from the Commission.

The Commission is proposing to

reorganize paragraph (h) of section

104.18 to clarify what paper documents

must accompany electronically filed

reports, and when those paper copies

must be filed. The Commission also

proposes removing FEC Form 5 and

Schedule E from the list of documents

with special signature requirements.

Additionally, the Commission proposes

adding FEC Schedule C–P–1 to the list

of documents requiring special

signatures. Schedule C–P–1 is used by

Presidential candidates to report loans

and lines of credit from lending

institutions, and, like Schedule C–1

(used by non-Presidential committees)

requires the lending institution agent’s

signature.

E. Reports Available on the Internet

Within 24 Hours

Section 502(a) of Public Law 106–346

requires that ‘‘the Commission shall

make a document which is filed

electronically with the Commission

pursuant to this paragraph accessible to

the public on the Internet not later than

24 hours after the document is received

by the Commission.’’

While the Commission believes that

‘‘electronically’’ means filed by

electronic mail only, the Commission

nevertheless proposes making available

on the Commission’s Web site

(www.fec.gov) within 24 hours of

receipt all reports of independent

expenditures filed with the FEC using

facsimile machine, electronic mail, or

the FEC’s electronic filing system. Note

that reports of independent

expenditures that support or oppose

only Senate candidates must be filed

with the Secretary of the Senate.

Therefore, because they are not filed

with the Commission, reports faxed or

e-mailed to the Secretary may not be

available on the Commission’s Web site

within 24 hours of receipt by the

Secretary of the Senate. The

Commission will, however, make every

effort to get reports of independent

expenditures filed with the Secretary on

the FEC’s Web site as soon as possible

after the Commission receives the report

from the Secretary.

F. Reports of Last Minute Contributions

(11 CFR 100.19 and 104.5)

The Commission also proposes

revising its regulations at 11 CFR

104.5(f) and adding paragraph (e) to 11

CFR 100.19 regarding reports by

authorized committees receiving

contributions of $1,000 or more made

less than 20 days but more than 48

hours before the day of an election.

These proposed changes do not stem

from P.L. 106–346. The Commission has

for some time allowed authorized

committees to file these reports by

facsimile machine in addition to other

permissible filing methods. See

Advisory Opinion 1988–32. In the fall of

2000, the Commission began allowing

48-hour reports filed with the

Commission to be filed on-line through

its Web site as an additional means of

filing those reports. Note that 48-hour

reports filed with the Secretary of the

Senate cannot be filed using the on-line

program at the Commission’s Web site.

They can, however, be filed by fax to the

Secretary of the Senate. The proposed

revisions to 11 CFR 100.19 and 104.5(f)

would recognize those filing methods in

the regulations.

Finally, the Commission welcomes

comments on any other issues raised by

the new statutory requirements

regarding independent expenditure

reporting.

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules 23631

Certification of No Effect Pursuant to 5

U.S.C. 605(b) (Regulatory Flexibility

Act)

These proposed rules if promulgated,

would not have a significant economic

impact on a substantial number of small

entities. The basis of this certification is

that the Commission is providing most

filers with less than $50,000 of activity

with additional means of complying

with the law, thereby increasing the

filers’ flexibility by allowing them to

choose the most convenient and cost

effective filing method. These additional

filing methods will likely result in a

decrease in costs from present.

List of Subjects

11 CFR Part 100

Elections.

11 CFR Part 104

Campaign funds, Political committees

and parties, Reporting and

recordkeeping requirements.

11 CFR Part 109

Elections, Reporting and

recordkeeping requirements.

For the reasons set out in the

preamble, it is proposed to amend

subchapter A of chapter I of title 11 of

the Code of Federal Regulations as

follows:

PART 100—SCOPE AND DEFINITIONS

(2 U.S.C. 431)

1. The authority citation for part 100

would be revised to read as follows:

Authority: 2 U.S.C. 431, 434(a)(11), 434(c)

and 438(a)(8).

2. Section 100.19 would be revised to

read as follows:

§ 100.19 File, filed or filing (2 U.S.C.

434(a)).

(a) Except for documents

electronically filed under paragraph (c)

of this section, a document is timely

filed upon delivery to the Federal

Election Commission, 999 E Street,

NW., Washington, DC 20463; or the

Secretary of the United States Senate,

Office of Public Records, 119 D Street

NE., Washington, DC 20510 as required

by 11 CFR part 105, by the close of

business of the prescribed filing date.

(b) A document other than a 24-hour

report of an independent expenditure

under 11 CFR 104.4(b) or 109.2(c) is

timely filed upon deposit as registered

or certified mail in an established U.S.

Post Office and postmarked no later

than midnight of the day of the filing

date, except that pre-election reports so

mailed must be postmarked no later

than midnight of the fifteenth day before

the date of the election. Documents sent

by first class mail must be received by

the close of business of the prescribed

filing date to be timely filed.

(c) For electronic filing purposes, a

document is timely filed when it is

received and validated by the Federal

Election Commission at or before 11:59

p.m., Eastern Standard/Daylight Time,

on the filing date.

(d) A 24-hour report of independent

expenditures under 11 CFR 104.4(b) or

109.2(c) is timely filed when it is

received by the appropriate filing officer

as listed in 11 CFR 104.4(c) within 24

hours of the time the independent

expenditure was made. In addition to

other permissible means of filing, a 24-

hour report may be filed using a

facsimile machine or by electronic mail

if the filer is not required to file

electronically in accordance with 11

CFR 104.18.

(e) In addition to other permissible

means of filing, authorized committees

may file 48-hour notifications of

contributions using facsimile machines

or, if the notifications are being filed

with the Commission, using the

Commission Web site’s on line program.

PART 104—REPORTS BY POLITICAL

COMMITTEES (2 U.S.C. 434)

3. The authority citation for part 104

would continue to read as follows:

Authority: 2 U.S.C. 431(1), 431(8), 431(9),

432(i), 434, 438(a)(8) and (b) and 439a.

4. Section 104.4 would be amended

by revising paragraph (b) to read as

follows:

§ 104.4 Independent expenditures by

political committees (2 U.S.C. 434(c)).

* * * * *

(b) 24-hour reports. Reports of any

independent expenditures aggregating

$1,000 or more made after the 20th day,

but more than 24 hours, before 12:01

a.m. of the day of the election, must be

received by the appropriate officers

listed in paragraph (c) of this section

within 24 hours after such independent

expenditure is made. Such report shall

contain the information required by 11

CFR 104.3(b)(3)(vii) indicating whether

the independent expenditure is made in

support of, or in opposition to, the

candidate involved. In addition to other

permissible means of filing, a 24 hour

report may be filed using a facsimile

machine or electronic mail if the filer is

not required to file electronically in

accordance with 11 CFR 104.18. Such

report must be verified by one of the

methods stated in paragraph (b)(1) or

(b)(2) of this section. Any report verified

under either of these methods shall be

treated for all purposes (including

penalties for perjury) in the same

manner as a document verified by

signature.

(1) For reports filed on paper (e.g., by

hand delivery, U.S. Mail or facsimile

machine), the certification required by

11 CFR 104.3(b)(3)(vii) must be

immediately followed by the

handwritten signature of the treasurer of

the political committee that made the

independent expenditure and who

certifies, under penalty of perjury, its

independence.

(2) For reports filed by electronic

mail, the certification required by 11

CFR 104.3(b)(3)(vii) must be

immediately followed by the

typewritten name of the treasurer of the

political committee that made the

independent expenditure and who

certifies, under penalty of perjury, its

independence.

* * * * *

5. Section 104.5 would be amended

by revising paragraphs (f) and (g) to read

as follows:

§ 104.5 Filing dates (2 U.S.C. 434(a)(2)).

* * * * *

(f) 48 hour notification of

contributions. If any contribution of

$1,000 or more is received by any

authorized committee of a candidate

after the 20th day, but more than 48

hours, before 12:01 a.m. of the day of

the election, the principal campaign

committee of that candidate shall notify

the Commission, the Secretary of the

Senate and the Secretary of State, as

appropriate, within 48 hours of receipt

of the contribution. The notification

shall be in writing and shall include the

name of the candidate and office sought

by the candidate, the identification of

the contributor, and the date of receipt

and amount of the contribution. The

notification shall be filed in accordance

with 11 CFR 100.19. The notification

shall be in addition to the reporting of

these contributions on the post-election

report.

(g) 24-hour report of independent

expenditures. Statements disclosing any

independent expenditures aggregating

$1,000 or more made after the 20th day,

but more than 24 hours, before 12:01

a.m. of the day of the election, must be

received by the appropriate officers

listed in 11 CFR 104.4(c) within 24

hours after such independent

expenditure is made. Such statement

shall contain the information required

by 11 CFR 104.3(b)(3)(vii) indicating

whether the independent expenditure is

made in support of, or in opposition to,

the candidate involved.

* * * * *

23632 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Proposed Rules

6. Section 104.14 would be amended

by revising paragraph (a) to read as

follows:

§ 104.14 Formal requirements regarding

reports and statements.

(a) Each individual having the

responsibility to file a designation,

report or statement required under this

subchapter shall sign the original

designation, report or statement except

that:

(1) Reports or statements of

independent expenditures filed by

facsimile machine or electronic mail

under 11 CFR 104.4(b) or 11 CFR 109.2

must be verified in accordance with

those sections; and

(2) Reports, designations, or

statements filed electronically under 11

CFR 104.18 must follow the signature

requirements of 11 CFR 104.18(g).

* * * * *

7. Section 104.18 would be amended

by revising paragraph (h) to read as

follows:

§ 104.18 Electronic filing of reports (2

U.S.C. 432(d) and 434(a)(11)).

* * * * *

(h) Schedules and forms with special

requirements. (1) The following are

schedules and forms that require the

filing of additional documents and that

have special signature requirements:

(i) Schedules C–1 and C–P–1, Loans

and Lines of Credit From Lending

Institutions (see 11 CFR 104.3(d)); and

(ii) Form 8, Debt Settlement Plan (see

11 CFR 116.7(e)).

(2) If a person files a report

electronically by submitting a diskette

to the Commission and is required to

file any of the schedules or forms listed

in paragraph (h)(1) of this section, the

person shall file a paper copy of the

required schedule or form with the

electronic submission, or a digitized

version as a separate file in the

electronic submission, by the close of

business on the prescribed filing date.

(3) If a person files a report

electronically by uploading the data to

the Commission’s electronic filing

system and is required to file any

schedules or forms listed in paragraph

(h)(1) of this section, the person shall

file a paper copy or a digitized version

of the required schedule or form by the

close of business on the prescribed

filing date.

* * * * *

PART 109—INDEPENDENT

EXPENDITURES (2 U.S.C. 431(17),

434(c))

8. The authority citation for part 109

would continue to read as follows:

Authority: 2 U.S.C. 431(17), 434(a)(11) and

(c), 438(a)(8), and 441d.

9. Section 109.1 would be amended

by adding new paragraph (f) to read as

follows:

§ 109.1 Definitions (2 U.S.C. 431(17)).

* * * * *

(f) An independent expenditure is

made on the earliest of—

(1) The date on which a written

contract, including a media contract,

promise or agreement to make an

independent expenditure is executed;

(2) The first date on which the

communication is printed, broadcast or

otherwise publicly disseminated; or

(3) The date on which the person

making the independent expenditure

pays for it.

10. Section 109.2 would be amended

by revising the introductory text in

paragraphs (a) and (a)(1) by revising

paragraphs (a)(1)(v), (a)(2), and (b) by

redesignating paragraph (a)(1)(vi) as

paragraph (a)(1)(vii) and adding new

paragraphs (a)(1)(vi) and (c) to read as

follows:

§ 109.2 Reporting of independent

expenditures by persons other than a

political committee (2 U.S.C. 434(c)).

(a) Every person other than a political

committee, who makes independent

expenditures aggregating in excess of

$250 in a calendar year shall file a

verified statement or report on FEC

Form 5 with the Commission or

Secretary of the Senate in accordance

with 11 CFR 104.4(c).

(1) If a verified statement is

submitted, the statement shall include:

* * * * *

(v) A verified certification under

penalty of perjury as to whether such

expenditure was made in cooperation,

consultation or concert with, or at the

request or suggestion of any candidate

or any authorized committee or agent

thereof;

(vi) A verified certification under

penalty of perjury as to whether the

expenditure involved the financing,

dissemination, distribution or

republication of any campaign materials

prepared by a candidate or a candidate’s

agent or authorized committee; and

* * * * *

(2) Reports or statements filed under

this section shall be filed at the end of

the reporting period (quarterly, preelection, post-election, semi-annual or

annual) (See 11 CFR 104.5)) during

which any independent expenditure

which aggregates in excess of $250 is

made and in any reporting period

thereafter in which additional

independent expenditures are made.

(b) Reports of independent

expenditures aggregating $1,000 or more

made by any person after the twentieth

day, but more than 24 hours before

12:01 a.m of the day of an election must

be received by the appropriate officers

as listed in paragraph (c) of this section

within 24 hours after such independent

expenditure is made. Such report or

statement shall contain the information

required by paragraph (a) of this section

indicating whether the independent

expenditure is made in support of, or in

opposition to, a particular candidate.

(c) Verification of independent

expenditure statements and reports: For

reports filed on paper (e.g., by hand

delivery, U.S. Mail or facsimile

machine), the certification required by

paragraphs (a)(1)(v) and (a)(1)(vi) of this

section must be immediately followed

by the handwritten signature of the

person who made the independent

expenditure and who certifies, under

penalty of perjury, its independence.

For reports filed by electronic mail, the

certification required by paragraphs

(a)(1)(v) and (a)(1)(vi) of this section

must be immediately followed by the

typewritten name of the person who

made the independent expenditure and

who certifies, under penalty of perjury,

its independence.

Dated: May 3, 2001.

Danny L. McDonald,

Chairman, Federal Election Commission.

[FR Doc. 01–11587 Filed 5–8–01; 8:45 am]

BILLING CODE 6715–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–SW–03–AD]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

France Model AS–365N3 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes

adopting a new airworthiness directive

(AD) for Eurocopter France Model AS–

365N3 helicopters. This proposal would

require modifying the Full Authority

Digital Engine Control (FADEC)

software within 90 days after the

effective date of this AD. This proposal

is prompted by a design problem in the

FADEC ‘‘power loss printed circuit

board’’ software found during laboratory