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[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31345-31349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15483]

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FEDERAL ELECTION COMMISSION

11 CFR Part 111

[Notice 2009-09]

Civil Monetary Penalties Inflation Adjustments

AGENCY: Federal Election Commission.

ACTION: Final rules.

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SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended, the Federal Election Commission is 
adopting final rules to apply inflation adjustments to certain civil 
monetary penalties under the Federal Election Campaign Act of 1971, as 
amended (``FECA''), the Presidential Election Campaign Fund Act, and 
the Presidential Primary Matching Payment Account Act. The civil 
penalties being adjusted are for certain violations of these statutes 
that are not knowing and willful, involving contributions and 
expenditures; knowing and willful violations of the prohibition against 
the making of a contribution in the name of another; knowing and 
willful violations of the confidentiality provisions of FECA; certain 
penalties for late filed or non-filed reports under the administrative 
fines program; and failure to file timely 48-hour notices. The adjusted 
civil monetary penalties are calculated according to the formula set 
forth in the law and will be effective for violations occurring on or 
after the effective date of these rules. Further information is 
provided in the supplementary information that follows.

DATES: Effective on July 1, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, or Ms. Cheryl A.F. Hemsley, or Ms. Jessica Selinkoff, 
Attorneys, 999 E Street, NW., Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended,\1\ (the ``Inflation Adjustment 
Act'') requires Federal agencies to adjust for inflation the civil 
monetary penalties within their jurisdiction at least once every four 
years according to detailed formulae. A civil monetary penalty (``civil 
penalty'') is defined in the Inflation Adjustment Act as any penalty, 
fine, or other sanction that is for a specific amount, or has a maximum 
amount, as provided by Federal law, and is assessed or enforced by an 
agency in an administrative proceeding or by a Federal court pursuant 
to Federal law.\2\ Further, the Inflation Adjustment Act contains a 10% 
penalty cap on the first adjustment of any civil penalty. That is, the 
first adjustment made to the civil penalty may not exceed 10% of the 
starting civil penalty.\3\ Under the Federal Election Campaign Act of 
1971 (``FECA''), as amended, 2 U.S.C. 431 et seq., the Federal Election 
Commission (``Commission'') has jurisdiction over several civil 
penalties for respondents who violate FECA, the Presidential Election 
Campaign Fund Act, 26 U.S.C. 9001 et seq., or the Presidential Primary 
Matching Payment Account Act, 26 U.S.C. 9031 et seq. (``chapters 95 and 
96 of Title 26''). These rules fulfill the Commission's non-
discretionary obligation under the Inflation Adjustment Act to adjust 
for inflation, according to the prescribed formula, the civil monetary 
penalties (``civil penalties'') within its jurisdiction.
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    \1\ 28 U.S.C. 2461 note, as amended by Debt Collection 
Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321-73, sec. 
31001(s)(1) (1996); Public Law 105-362, 112 Stat. 3293 (1998).
    \2\ 28 U.S.C. 2461 note (3)(2).
    \3\ 28 U.S.C. 2461 note (7).
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Immediate Effectiveness of Final Rule

    The Commission is required by statute to adjust the civil penalties 
under its jurisdiction by a Cost of Living Adjustment (``COLA'') 
formula. This application of the COLA does not involve Commission 
discretion or any policy judgments. Thus, the Commission finds that the 
``good cause'' exception to the notice and comment requirement in 
section 553 of the Administrative Procedures Act applies to these rules 
because notice and comment are unnecessary. 5 U.S.C. 553(b)(B) and 
(d)(3).
    For the same reasons, these rules do not need to be submitted to 
the Speaker

[[Page 31346]]

of the House of Representatives or the President of the Senate under 
the Congressional Review Act, 5 U.S.C. 801 et seq., and these rules are 
effective upon publication. 5 U.S.C. 808(2). Accordingly these 
amendments are effective on July 1, 2009. The new civil penalties are 
applicable only to violations that occur after this effective date.

Explanation and Justification

    Under the Inflation Adjustment Act, the Commission must adjust 
civil penalties by a COLA defined as the percentage by which the U.S. 
Department of Labor's Consumer Price Index for all urban consumers 
(``CPI'') for June of the year preceding the adjustment exceeds the CPI 
for June of the year in which each civil penalty was last set or 
adjusted.\4\ The amount of the resulting increase is then subject to 
rounding rules based on the size of the civil penalty.\5\ The Inflation 
Adjustment Act imposes a 10% cap on the first adjustment under its 
rules, but no cap on subsequent adjustments.
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    \4\ 28 U.S.C. 2461 note (5)(b).
    \5\ 28 U.S.C. 2461 note (5)(a). The rounding rules applicable to 
the Commission's civil penalties require that if the existing 
penalty is less than or equal to $100, the increase is rounded to 
the nearest $10; if the existing penalty is greater than $100 but 
less than or equal to $1,000, the increase is rounded to the nearest 
$100; if the existing penalty is greater than $1,000 but less than 
or equal to $10,000, the increase is rounded to the nearest $1,000; 
and if the existing penalty is greater than $10,000 but less than or 
equal to $100,000, the increase is rounded to the nearest $5,000.
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    The Commission has previously applied the Inflation Adjustment Act 
formulae to its civil penalties in 1997, 2002, and 2005.\6\ As 
explained in more detail below, the Commission has determined that the 
Inflation Adjustment Act now requires the Commission to adjust all 
civil penalties in 11 CFR 111.24 and some civil penalties in 11 CFR 
111.43. The civil penalties in 11 CFR 111.44 will not change because of 
the rounding rules.
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    \6\ See Explanation and Justification for Final Rules on 
Inflation Adjustments for Civil Monetary Penalties, 70 FR 34633 
(June 15, 2005) (``2005 Adjustment''); Explanation and Justification 
for Final Rules on Adjustments to Civil Monetary Penalty Amounts, 62 
FR 11316 (Mar. 12, 1997) (``1997 Adjustment''). In January 2002, the 
rounding rules resulted in no adjustments. Agenda Doc. 02-06 (Jan. 
17, 2002).
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1. 111.24--Civil Penalties (2 U.S.C. 437g(a)(5), (6), (12), 28 U.S.C. 
2461 nt.)

    FECA provides for civil penalties for any person who violates any 
portion of FECA or chapters 95 and 96 of Title 26. FECA's civil 
penalties, found at 2 U.S.C. 437(g)(a)(5), (6), and (12), are organized 
into two tiers: One tier of civil penalties for violations of FECA or 
chapters 95 and 96 of Title 26, and a higher tier of civil penalties 
for ``knowing and willful'' violations of FECA or chapters 95 and 96 of 
Title 26. Commission regulations in section 111.24 set forth each civil 
penalty established by section 437g(a)(5), (6), and (12), as adjusted 
pursuant to the Inflation Adjustment Act.
Example
    The following is a detailed example of the application of the 
Inflation Adjustment Act formulae to FECA civil penalties. The $5,000 
civil penalties provided for in 2 U.S.C. 437g(a)(5)(A), (6)(A), and 
(6)(B) are implemented by the regulations at 11 CFR 111.24(a)(1) at 
their 2005 level of $6,500. See 2005 Adjustment, 70 FR at 34634; 1997 
Adjustment, 62 FR at 11316. To determine the 2009 adjustment, the CPI 
for June 2008 (218.815) is divided by the CPI for June 2005, the year 
the civil penalty was last adjusted (194.5), for a COLA of 1.125. Next, 
the raw inflation adjustment is determined by multiplying the present 
civil penalty ($6,500) by the COLA increase (0.125) for a raw increase 
of $812.50. The result is rounded to $1,000. Finally, the rounded 
increase is added to the civil penalty, for a new section 111.24(a)(1) 
civil penalty of $7,500.
    Using the same Inflation Adjustment Act formulae, the Commission 
must also adjust other civil penalties in 11 CFR 111.24. Since each of 
these civil penalties has been previously adjusted, the 10% cap for 
first time adjustments does not apply to any of them. The complete list 
of all civil penalty adjustments in section 111.24 is as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Previous
                            Section                                civil         Last          COLA increase           Raw       Rounded to   New civil
                                                                  penalty      adjusted                              increase                  penalty
--------------------------------------------------------------------------------------------------------------------------------------------------------
11 CFR 111.24(a)(1)...........................................       $6,500         2005    0.125 (218.815/194.5)      $812.50       $1,000       $7,500
11 CFR 111.24(a)(2)(i)........................................       11,000         1997    0.365 (218.815/160.3)        4,015        5,000       16,000
11 CFR 111.24(a)(2)(ii).......................................       55,000         2005    0.125 (218.815/194.5)        6,875        5,000       60,000
11 CFR 111.24(b)..............................................        2,200         1997    0.365 (218.815/160.3)          803        1,000        3,200
11 CFR 111.24(b)..............................................        6,500         2005    0.125 (218.815/194.5)       812.50        1,000        7,500
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Note that the civil penalties in 11 CFR 111.24(a)(2)(i) and (b) 
have not been adjusted since 1997 because application of the rounding 
rules resulted in no change when adjustments were examined in 2002 and 
2005.

2. 11 CFR 111.43--Schedule of Penalties

    FECA permits the Commission to assess civil penalties for 
violations of the reporting requirements of 2 U.S.C. 434(a) in 
accordance with schedules of penalties established and published by the 
Commission. 2 U.S.C. 437g(a)(4)(C). Each schedule contains two columns, 
one for penalties for late-filed reports and one for penalties for non-
filed reports. Reports are considered to be late-filed if they are 
filed after their due date under 11 CFR 104.5 but before a date certain 
which is determined by whether the reports are election-sensitive or 
not.\7\ Reports are considered not filed if they either are filed after 
that date certain or are not filed at all. See 11 CFR 111.43(e).
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    \7\ Election-sensitive reports are those due just before an 
election. See 11 CFR 111.43(d)(1). The dissemination of information 
in these reports has the most meaningful impact because they are 
filed in proximity to an election. Accordingly, the schedule of 
penalties imposes a higher civil penalty for these reports than for 
all other reports, which are non-election-sensitive.
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    The Commission first promulgated two schedules of penalties for 
late filing violations in 2000 in 11 CFR 111.43(a) and (b), for non-
election-sensitive reports and election-sensitive reports, 
respectively. Explanation and Justification for Final Rules on 
Administrative Fines, 65 FR 31787 (May 19, 2000). The penalty 
calculations were based on the ``level of activity,'' as defined in the 
2000 regulations at 11 CFR 111.43(d), reported by the late-filing 
committee. Additionally, the Commission promulgated a civil penalty of 
$5,500 at 11 CFR 111.43(c) for situations in which a committee fails to 
file a report and there is no ``estimated level of activity,'' on which 
the Commission can base a civil penalty thereby making it impossible 
for the Commission to calculate the level of activity.
    In 2003, the Commission reevaluated the administrative fines 
program and decided to reduce the civil penalties in

[[Page 31347]]

section 111.43(a) and (b) applicable to reports containing under 
$50,000 in activity. It also repromulgated the remaining civil 
penalties. See Explanation and Justification for Final Rules on 
Administrative Fines, 68 FR 12572 (Mar. 17, 2003) (``2003 Rules''). 
Accordingly, the civil penalties for reports due on or after April 16, 
2003 were set forth in new schedules at 11 CFR 111.43(a)(2) (non-
election-sensitive) and 11 CFR 111.43(b)(2) (election-sensitive). The 
penalty schedules for previous reports were located in 11 CFR 
111.43(a)(1) (non-election-sensitive) and 111.43(b)(1) (election-
sensitive). The Commission also revised its definitions for ``level of 
activity'' and ``estimated level of activity'' for reports due on or 
after April 16, 2003.
    The Commission has now determined that there is no need to retain 
the pre-April 2003 schedules at 11 CFR 111.43(a)(1) and (b)(1). Because 
the statute of limitations for enforcement of civil fines and penalties 
is five years from the date when the claim first accrued, a proceeding 
to enforce a civil penalty for a report due before April 16, 2003 would 
need to have been commenced before April 16, 2008. See 28 U.S.C. 2462. 
Accordingly, the Commission is removing paragraphs (a)(1) and (b)(1) 
from 11 CFR 111.43, including both the old schedules and the 
definitions for ``level of activity'' and ``estimated level of 
activity'' applicable to those schedules. Former 11 CFR 111.43(a)(2) 
and 11 CFR 111.43(b)(2) are being renumbered as 11 CFR 111.43(a) and 
111.43(b), respectively. Additionally, because the removal of the old 
schedules at 11 CFR 111.43(a)(1) and (b)(1) obviates the need to 
distinguish between different definitions of ``level of activity'' and 
``estimated level of activity'' for time periods before or after the 
2003 Rules, the Commission is also moving, but not changing the 
substance of, those definitions from section 111.43(a)(2) and (b)(2) to 
the general definition section at 11 CFR 111.43(d). Finally, the 
Commission is numbering each of the definitions in section 111.43(d) 
for clarity.
    In addition to these technical changes, the Commission must adjust 
the civil penalties schedules in section 111.43(a) and (b) pursuant to 
the Inflation Adjustment Act. These civil penalties schedules were set 
when the Commission repromulgated them in the 2003 rulemaking. In 2005, 
the Commission applied the Inflation Adjustment Act formulae to the 
civil penalties in section 111.43. Because of the rounding rules, 
however, none of the penalties was adjusted. See 2005 Adjustment, 70 FR 
at 34635. Accordingly, this is the first adjustment of these civil 
penalties under the Inflation Adjustment Act and the 10% cap applies to 
any adjustments made.
    To make the adjustments, the Inflation Adjustment Act formula is 
applied to each civil penalty in the schedules to determine what, if 
any, adjustment must be made. First, the CPI for 2008 is divided by the 
CPI for June of 2003 (218.815/183.7) to determine the applicable COLA 
of 0.191. Then, each civil penalty is multiplied by the COLA to 
determine the amount of the unrounded raw increase. Next, the statutory 
rounding formula is applied to that raw increase amount. The resulting 
rounded increase is then added to the current civil penalty to 
determine the new raw civil penalty. Finally, the statutory 10% penalty 
cap is applied as necessary. Accordingly, if the new raw civil penalty 
is larger than 110% of the current civil penalty, the raw penalty is 
adjusted downward to conform to that penalty cap. The actual adjustment 
to each civil penalty is shown in the schedules in the rule text, 
below.
    The Commission must also adjust the $5,500 civil penalty provided 
for in 2000 in 11 CFR 111.43(c), and repromulgated in 2003, which has 
not been adjusted pursuant to the Inflation Adjustment Act. To 
determine this year's adjustment, the CPI for June 2008 is divided by 
the CPI for June 2003 (218.815/183.7) for a COLA increase of 0.191. 
Next the $5,500 is multiplied by the COLA for a raw increase of 
$1,050.50, which is then rounded to $1,000. Again, this first 
adjustment pursuant to the Inflation Adjustment Act is capped at 10 
percent of the original penalty ($5,500), for a new section 111.43(c) 
civil penalty of $6,050.

3. 11 CFR 111.44--Schedule of Penalties for 48-Hour Notices

    Principal campaign committees are required to report, within 48 
hours of receipt, any contributions of $1,000 or more that are received 
after the 20th day, but more than 48 hours before any election. 2 
U.S.C. 434(a)(6). FECA permits the Commission to assess civil penalties 
for violations of the 48-hour notice reporting requirement. 2 U.S.C. 
437g(a)(4)(C). The Commission last adjusted the civil penalty for these 
reporting violations in 2005 to $110 + (.10 x amount of contribution(s) 
not timely reported). See 2005 Adjustment, 70 FR at 34635; Explanation 
and Justification for Final Rules on Administrative Fines, 65 FR 31787, 
31793 (May 19, 2000). To determine this year's adjustment, The CPI for 
June 2008 is divided by the CPI for June 2005 (218.815/194.5) for a 
COLA increase of 0.125. The civil penalty is then multiplied by the 
COLA for a raw increase of $13.75, which is then rounded to $0. 
Accordingly, the civil penalty in section 111.44 remains at $110 + (.10 
x amount of contribution(s) not timely reported).
    While the Commission is not making any adjustments to the civil 
penalty in 11 CFR 111.44, it is correcting an incorrect phrase in 
section 111.44(b). Specifically, the phrase ``civil money penalty'' is 
incomplete and is being changed to ``final civil money penalty.''

Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory 
Flexibility Act)

    The provisions of the Regulatory Flexibility Act are not applicable 
to this final rule because the Commission was not required to publish a 
notice of proposed rulemaking or to seek public comment under 5 U.S.C. 
553 or any other laws. 5 U.S.C. 603(a) and 604(a). Therefore, no 
regulatory flexibility analysis is required.

List of Subjects in 1 CFR Part 111

    Administrative practice and procedures, Elections, Law enforcement, 
Penalties.

0
For the reasons set out in the preamble, the Federal Election 
Commission amends subchapter A of chapter I of title 11 of the Code of 
Federal Regulations as follows:

PART 111--COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))

0
1. The authority citation for part 111 continues to read as follows:

    Authority  2 U.S.C. 432(i), 437g, 437d(a), 438(a)(8); 28 U.S.C. 
2461 nt.

0
2. Section 111.24 is amended by revising paragraphs (a)(1), (a)(2)(i), 
(a)(2)(ii) and (b) to read as follows:

Sec.  111.24  Civil Penalties (2 U.S.C. 437g(a)(5), (6), (12), 28 
U.S.C. 2461 nt.).

    (a) * * *
    (1) Except as provided in paragraph (a)(2) of this section, in the 
case of a violation of the Act or chapters 95 or 96 of title 26 (26 
U.S.C.), the civil penalty shall not exceed the greater of $7,500 or an 
amount equal to any contribution or expenditure involved in the 
violation.
    (2) * * *
    (i) In the case of a knowing and willful violation of the Act or 
chapters 95 or 96 of title 26 (26 U.S.C.), the civil penalty shall not 
exceed the greater of $16,000 or an amount equal to 200% of any 
contribution or expenditure involved in the violation.

[[Page 31348]]

    (ii) Notwithstanding paragraph (a)(2)(i) of this section, in the 
case of a knowing and willful violation of 2 U.S.C. 441f, the civil 
penalty shall not be less than 300% of the amount of any contribution 
involved in the violation and shall not exceed the greater of $60,000 
or 1,000% of the amount of any contribution involved in the violation.
    (b) Any Commission member or employee, or any other person, who in 
violation of 2 U.S.C. 437g(a)(12)(A) makes public any notification or 
investigation under 2 U.S.C. 437g without receiving the written consent 
of the person receiving such notification, or the person with respect 
to whom such investigation is made, shall be fined not more than 
$3,200. Any such member, employee, or other person who knowingly and 
willfully violates this provision shall be fined not more than $7,500.

0
3. Section 111.43 is amended by revising paragraphs (a), (b), (c), and 
(d) to read as follows:

Sec.  111.43  What are the schedules of penalties?

    (a) The civil money penalty for all reports that are filed late or 
not filed, except election sensitive reports and pre-election reports 
under 11 CFR 104.5, shall be calculated in accordance with the 
following schedule of penalties:

----------------------------------------------------------------------------------------------------------------
                                                And the report was filed late,     Or the report was not filed,
 If the level of activity in the report was:      the civil money penalty is:      the civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-4,999.99 a................................  [$25 + ($5 x Number of days       $250 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$5,000-9,999.99..............................  [$55 + ($5 x Number of days       $330 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$10,000-24,999.99............................  [$110 + ($5 x Number of days      $550 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$25,000-49,999.99............................  [$200 + ($20 x Number of days     $990 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$50,000-74,999.99............................  [$330 + ($82.50 x Number of days  $2,970 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$75,000-99,999.99............................  [$440 + ($110 x Number of days    $3,850 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$100,000-149,999.99..........................  [$660 + ($125 x Number of days    $4,950 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$150,000-199,999.99..........................  [$880 + ($150 x Number of days    $6,050 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$200,000-249,999.99..........................  [$1,100 + ($175 x Number of days  $7,150 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$250,000-349,999.99..........................  [$1,500 + ($200 x Number of days  $8,800 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)]
                                                previous violations)].
$350,000-449,999.99..........................  [$2,000 + ($200 x Number of days  $9,900 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$450,000-549,999.99..........................  [$2,500 + ($200 x Number of days  $10,450 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$550,000-649,999.99..........................  [$3,300 + ($200 x Number of days  $11,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$650,000-749,999.99..........................  [$3,850 + ($200 x Number of days  $10,500 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$750,000-849,999.99..........................  [$4,400 + ($200 x Number of days  $11,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$8,50,000-949,999.99.........................  [$4,950 + ($200 x Number of days  $11,500 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$950,000 or over.............................  [$5,500 + ($200 x Number of days  $12,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
----------------------------------------------------------------------------------------------------------------
a The civil money penalty for a respondent who does not have any previous violations will not exceed the level
  of activity in the report.

    (b) The civil money penalty for election sensitive reports that are 
filed late or not filed shall be calculated in accordance with the 
following schedule of penalties:

----------------------------------------------------------------------------------------------------------------
                                                And the report was filed late,     Or the report was not filed,
 If the level of activity in the report was:      the civil money penalty is:      the civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-4,999.99 \a\..............................  [$55 + ($10 x Number of days      $550 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$5,000-9,999.99..............................  [$110 + ($10 x Number of days     $660 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$10,000-24,999.99............................  [$150 + ($10 x Number of days     $990 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$25,000-49,999.99............................  [$330 + ($25 x Number of days     $1,400 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$50,000-74,999.99............................  [$495 + ($82.50 x Number of days  $3,300 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$75,000-99,999.99............................  [$660 + ($110 x Number of days    $4,400 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].

[[Page 31349]]

 
$100,000-149,999.99..........................  [$990 + ($125 x Number of days    $5,500 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$150,000-199,999.99..........................  [$1,200 + ($150 x Number of days  $6,600 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$200,000-249,999.99..........................  [$1,500 + ($175 x Number of days  $8,250 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$250,000-349,999.99..........................  [$2,250 + ($200 x Number of days  $9,900 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$350,000-449,999.99..........................  [$3,300 + ($200 x Number of days  $11,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$450,000-549,999.99..........................  [$4,125 + ($200 x Number of days  $11,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$550,000-649,999.99..........................  [$4,950 + ($200 x Number of days  $12,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$650,000-749,999.99..........................  [$5,775 + ($200 x Number of days  $13,000 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$750,000-849,999.99..........................  [$6,600 + ($200 x Number of days  $15,400 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$850,000-949,999.99..........................  [$7,425 + ($200 x Number of days  $16,500 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
$950,000 or over.............................  [$8,250 + ($200 x Number of days  $17,600 x [1 + (.25 x Number of
                                                late)] x [1 + (.25 x Number of    previous violations)].
                                                previous violations)].
----------------------------------------------------------------------------------------------------------------
\a\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level
  of activity in the report.

    (c) If the respondent fails to file a required report and the 
Commission cannot calculate the level of activity under paragraph (d) 
of this section, then the civil money penalty shall be $6,500.
    (d) Definitions. For this section only, the following definitions 
will apply:
    (1) Election Sensitive Reports means third quarter reports due on 
October 15th before the general election (for all committees required 
to file this report except committees of candidates who do not 
participate in that general election); monthly reports due October 20th 
before the general election (for all committees required to file this 
report except committees of candidates who do not participate in that 
general election); and pre-election reports for primary, general, and 
special elections under 11 CFR 104.5.
    (2) Estimated level of activity means:
    (i) For an authorized committee, total receipts and disbursements 
reported in the current two-year election cycle divided by the number 
of reports filed to date covering the activity in the current two-year 
election cycle. If the respondent has not filed a report covering 
activity in the current two-year election cycle, estimated level of 
activity for an authorized committee means total receipts and 
disbursements reported in the prior two-year election cycle divided by 
the number of reports filed covering the activity in the prior two-year 
election cycle.
    (ii)(A) For an unauthorized committee, estimated level of activity 
is calculated as follows: [(Total receipts and disbursements reported 
in the current two-year cycle)--(Transfers received from non-Federal 
account(s) as reported on Line 18(a) of FEC Form 3X Disbursements for 
the non-Federal share of operating expenditures attributable to 
allocated Federal/non-Federal activity as reported on Line 21(a)(ii) of 
FEC Form 3X)] / Number of reports filed to date covering the activity 
in the current two-year election cycle.
    (B) If the unauthorized committee has not filed a report covering 
activity in the current two-year election cycle, the estimated level of 
activity is calculated as follows: [(Total receipts and disbursements 
reported in the prior two-year election cycle)--(Transfers received 
from non-Federal account(s) as reported on Line 18(a) of FEC Form 3X 
Disbursements for the non-Federal share of operating expenditures 
attributable to allocated Federal/non-Federal activity as reported on 
Line 21(a)(ii) of FEC Form 3X)] / Number of reports filed covering the 
activity in the prior two-year election cycle.
    (3) Level of activity means:
    (i) For an authorized committee, the total amount of receipts and 
disbursements for the period covered by the late report. If the report 
is not filed, the level of activity is the estimated level of activity 
as set forth in paragraph (d)(2)(i) of this section.
    (ii) For an unauthorized committee, the total amount of receipts 
and disbursements for the period covered by the late report minus the 
total of: Transfers received from non-Federal account(s) as reported on 
Line 18(a) of FEC Form 3X and disbursements for the non-Federal share 
of operating expenditures attributable to allocated Federal/non-Federal 
activity as reported on Line 21(a)(ii) of FEC Form 3X for the period 
covered by the late report. If the report is not filed, the level of 
activity is the estimated level of activity as set forth in paragraph 
(d)(2)(ii) of this section.
    (4) Number of previous violations means all prior final civil money 
penalties assessed under this subpart during the current two-year 
election cycle and the prior two-year election cycle.
* * * * *

Sec.  111.44  [Amended]

0
4. In paragraph (b) of Sec.  111.44, remove the words ``civil money 
penalty'' and add, in their place, the words ``final civil money 
penalty.''

    Dated: March 25, 2009.

    On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.

    Editorial Note: This document was received in the Office of the 
Federal Register on Thursday, June 25, 2009.
[FR Doc. E9-15483 Filed 6-30-09; 8:45 am]
BILLING CODE 6715-01-P
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