Rulemakings

Documents relating to recent and ongoing FEC rulemakings are listed by topic in reverse chronological order. Links to the Commission's BCRA rulemakings and a rulemaking archive (for rulemakings for 2006 and before) are also provided. Notices of Proposed Rulemaking published from 1995 to the present are available through the Federal Register's website. In addition, a compilation of the Explanation and Justification (E&J) for FEC Regulations is now available in HTML format.

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Ongoing Projects:

Disclosure of Bundled Contributions (HLOGA) (2007-08)

Use of Campaign Funds for Non-Commercial Travel (HLOGA) (2007-)

Federal Election Activity and Non-Federal Elections

Hybrid Ads

Standards of Conduct

Public Access to Materials Relating to Closed Enforcement Cases

Candidate Debates

Recent Projects:

Repeal of Millionaires' Amendment Regulations (2008)

Extension of Administrative Fines Program (2008)

Electioneering Communications (2007)

Use of Campaign Funds for Nonfederal Donations and Any Lawful Purpose (2007)

Best Efforts in Administrative Fines Challenges (2007)

Political Committee Status

Rulemaking Priorities for 2007 [PDF]

Rulemaking Archive (1998 Through 2006)

Complete Listing of Proposed BCRA Regulations

Complete Listing of Final BCRA Regulations

Ongoing Projects

Disclosure of Bundled Contributions by Lobbyists/Registrants and Lobbyist/Registrant PACs (HLOGA) (2007-08)

Draft Final Rules Discussed at Commission Meeting of 12/18/08
- Agenda Document 08-48 (OGC Draft) [PDF; 13 pages]
Public Hearing, September 17, 2008
- RECORD Summary
- Hearing Transcript [PDF; 171 pages]
- Schedule for Hearing, with Links to Witness Comments

Supplemental Comments to Hearing Testimony
- Campaign Legal Center and Democracy 21 (by Donald J. Simon) [PDF; 5 pages]
- Coalition for Tax Equity (by Timothy W. Jenkins) [PDF; 5 pages]
Notice of Public Hearing

Notice of Proposed Rulemaking [11/6/2007][PDF; 8 pages]
- Comments on Notice of Proposed Rulemaking
  - AFL-CIO (by Laurence Gold, Associate General Counsel) [PDF; 5 pages]
  - Coalition for Tax Equality (by Timothy W. Jenkins) [PDF; 8 pages]
  - Democracy 21, Campaign Legal Center, Common Cause, League of Women Voters and U.S. PIRG (by Donald J. Simon) [PDF; 16 pages]
  - Marc Elias [PDF; 8 pages]
  - U.S. Senators Russell D. Feingold and Barack Obama and U.S. Representative Chris Van Hollen [PDF; 9 pages]
  - Internal Revenue Service, Exempt Organizations Branch, Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities) [PDF; 2 pages]
  - Public Citizen (by Craig Holman) [PDF; 13 pages]
  - Sandler, Reiff and Young, P.C. (by Neil Reiff) [PDF; 6 pages]
- RECORD Summary of NPRM
- Agenda Document 07-71 (OGC Draft) [PDF; 36 pages]
Press Release Announcing Commission Rulemaking [9/24/07]
Related Legislation [Signed 9/14/07]

[TOP]

Use of Campaign Funds for Non-Commercial Travel (HLOGA) (2007 - )

Draft Final Rules considered at Commission meeting of 12/14/07
- Agenda Document No. 07-94 (OGC Draft) [PDF; 20 pages]
Notice of Proposed Rulemaking [10/23/2007] [PDF; 15 pages]
- RECORD Summary of NPRM
- Comments on Notice of Proposed Rulemaking
  - Micah Block [PDF; 2 pages]
  - Campaign Legal Center and Democracy 21 (by Donald J. Simon, Sonosky, Chambers, Sachse, Endreson and Perry, LLP and Paul S. Ryan, Campaign Legal Center) [PDF; 9 pages]
  - U.S. Senators Russell D. Feingold and Barack Obama [PDF; 5 pages]
  - Internal Revenue Service, Exempt Organizations Branch, Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities) [PDF; 1 page]
  - National Republican Senatorial Committee (Chris K. Gober, General Counsel) [PDF; 5 pages]
  - Geoff Parker [PDF; 1 pages]
  - Republican National Committee (Sean Cairncross, Chief Counsel) [PDF; 4 pages]
  - Michael Smith [PDF; 2 pages]
- Press Release Announcing NPRM [10/18/2007]
- Text of Notice of Proposed Rulemaking [10/18/2007] [PDF; 63 pages]
Press Release Announcing Commission Rulemaking [9/24/07]
Related Legislation [Signed 9/14/07]

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Federal Election Activity and Nonfederal Elections (2007)

Notice of Proposed Rulemaking [6/7/2007] [PDF; 5 pages]
- Comments Received:
  - Campaign Legal Center and Democracy 21 [PDF; 9 pages]
  - NJ Democratic State Committee [PDF; 4 pages]

RECORD Summary
Draft Notice of Proposed Rulemaking considered at Commission meeting of 5/31/07
- Agenda Document 07-42 (OGC Draft)

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Recent Projects

Repeal of Millionaires' Amendment Regulations (2008)

Final Rule and Explanation and Justification [12/30/2008] [PDF; 6 pages]
- Draft Final Rules Discussed at Commission Meeting of 12/18/08
  - Agenda Document 08-49 (OGC Draft) [PDF; 25 pages]
Notice of Proposed Rulemaking [PDF; 6 pages]
- Comments on Notice of Proposed Rulemaking
  - American Legislative Exhange Council [PDF; 3 pages]
  - Seth Cooper [PDF; 5 pages]
  - Kathleen Gillich-Adams [PDF; 2 pages]
  - Internal Revenue Service, Exempt Organizations Branch, Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities) [PDF; 3 pages]
- RECORD Summary
- Draft Notice of Proposed Rulemaking
  - Agenda Document 08-26 (OGC Draft) [PDF; 33 pages]
[TOP]

Extension of Administrative Fines Program (2008)

Final Rule and Explanation and Justification [12/1/2008] [PDF; 2 pages]

[TOP]

Electioneering Communications (2007)

Final Rule with Explanation and Justification [12/26/2007] [PDF; 17 pages]
- Examples of Communications under WRTL Exemption in 11 CFR 114.15
- RECORD Summary
- Draft Final Rules and E&J approved by the Commission at Commission meeting of 12/14/2007
  - Agenda Document No. 07-92 (OGC Draft) [PDF; 67 pages]

Ex parte communication from Michael B. Trister and Holly Schadler (12/14/2007) [PDF; 3 pages]
Agenda Document No. 07-92-A (Lenhard Amendment) [PDF; 3 pages]

Electioneering Communications provisions approved by the Commission at Commission Meeting of 11/20/2007 [PDF; 9 pages]
Draft Final Rules considered at Commission meeting of 11/20/2007

Agenda Document No. 07-76 (OGC Draft) [PDF; 12 pages]
- Ex parte communication from James Bopp, Jr. and Richard E. Coleson (11/19/2007) [PDF; 5 pages]
- Ex parte communication from James Bopp, Jr. (11/19/2007) [PDF; 2 pages]
- Ex parte communication from Paul S. Ryan, Campaign Legal Center (11/19/2007) [PDF; 4 pages]
Agenda Document No. 07-76-A (Weintraub Draft) [PDF; 2 pages]

Public Hearing [10/17-18/2007]
- RECORD Summary of Hearing
- Transcripts of Hearing (Note: Files are large; please allow time to download)
  - October 17, 2007 [PDF; 300 pages]
  - October 18, 2007 [PDF; 185 pages]
- Supplemental Comments from Testifying Witnesses
  - Center for Competitive Politics [PDF; 4 pages]
  - Chamber of Commerce [PDF; 16 pages]
- Schedule for Hearing, with Links to Witness Comments
- Notice of Hearing
- Notice of Proposed Rulemaking [9/4/2007] [PDF; 14 pages]
  - Comments and Requests to Testify Received
  - RECORD Summary
  - Text of Notice of Proposed Rulemaking [8/23/2007] [PDF; 58 pages]
- Press Release Announcing Commission Rulemaking [7/19/2007]
- Petition for Rulemaking (James Madison Center for Free Speech/James Bopp, Jr. & Richard E. Coleson)
[TOP]

Use of Campaign Funds for Nonfederal Donations and Any Lawful Purpose (2007)

Final Rules and E&J [10/3/2007] [PDF; 3 pages]
- RECORD Summary of Final Rules
- Draft Final Rules considered at Commission meeting of 9/24/07
  - Agenda Document 07-63 (OGC Draft) [PDF]
Notice of Proposed Rulemaking [7/19/2007] [PDF; 2 pages]
- Comment Received from IRS [PDF; 1 page]
- RECORD Summary of NPRM
- Draft Notice of Proposed Rulemaking considered at Commission meeting of 7/12/07
  - Agenda Document 07-47 (OGC Draft) [PDF]
  [TOP]

Best Efforts in Administrative Fines Challenges (2007)

Final Rule and E&J [3/29/07] [PDF; 7 pages]
- RECORD Summary
- Draft Final Rule and E&J considered at Commission meeting of 3/22/2007
  - Agenda Document #07-24 (OGC Draft) [PDF]
Notice of Proposed Rulemaking [12/8/2006] [PDF]
- Comments Received
  - Michael Himes
  - Shannon O'Leary
- RECORD Summary
- Draft Notice of Proposed Rulemaking Considered at Commission meeting of 11/30/2006
  - Agenda Document 06-77 (Lenhard/von Spakovsky draft) [PDF]
- Statement of Reasons in Administrative Fines Case #549 [PDF]

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Political Committee Status

Supplemental Explanation and Justification [2/7/07] [PDF; 13 pages]
- RECORD Summary
Final Rules and Explanation and Justification [11/23/04] [PDF; 13 pages]
- RECORD Summary
- Draft Final Rules Considered at Open Meeting [10/28/04]
- Agenda Document 04-100 (OGC Draft) [PDF; 54 pages]
- Agenda Document 04-100-A (Weintraub/Toner Proposed Amendments) [PDF; 4 pages]
Ex Parte Communication (Toner/Sample of e-mails received) [PDF][10/13/04]
Ex Parte Communications (Various; 3/4/04 to 9/7/04)
Draft Final Rules considered at Open Meeting [8/19/04]
- Agenda Document 04-75 (OGC Draft) [PDF; 47 pages]
- Agenda Document 04-75-A (Thomas/Toner Proposed Amendments) [PDF; 12 pages]
- Agenda Document 04-75-B (Smith/Weintraub/Mason Proposed Amendments) [PDF; 8 pages]
- Agenda Document 04-75-C (OGC Proposed Amendments) [PDF; 9 pages]
Proposed Final Regulations considered at Open Meeting [5/13/2004]
- Agenda Document 04-44 (Toner/Thomas Proposed Regulations) [PDF; 12 pages]
- Agenda Document 04-44-A (Mason Proposed Amendment) [PDF; 4 pages]
- Agenda Document 04-47 (Smith/Senator McCain's Comments) [PDF; 5 pages]
- Agenda Document 04-48 (OGC Memorandum) [PDF; 12 pages]
- Agenda Document 04-49 (Weintraub/Coalition to Protect Nonprofit Advocacy Comments) [PDF; 4 pages]
Public Hearing [4/14 - 15/2004]
- Schedule
- Transcripts of Public Hearing [4/14/04 - 13 MB, PDF] [4/15/04 - 11 MB PDF]
Comments Received on NPRM
Notice of Proposed Rulemaking [3/11/2004]
- Draft Notice of Proposed Rulemaking on Open Meeting Agenda [3/4/2004]
  - Agenda Document 04-20 (OGC Draft) [PDF; 112 pages]
  - Agenda Document 04-20-A (IRS Documents Cited in 04-20) [PDF; 37 pages]
  - Agenda Document 04-20-B (OGC Changes to Draft) [PDF; 4 pages]
  - Ex Parte Communication on Draft NPRM (Democracy 21, Campaign Legal Center and Center for Responsive Politics) [3/2/04]

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Rulemakings

Ongoing Projects

Disclosure of Bundled Contributions by Lobbyists/Registrants and Lobbyist/Registrant PACs (HLOGA) (2007-08)

Use of Campaign Funds for Non-Commercial Travel (HLOGA) (2007 - )

Federal Election Activity and Nonfederal Elections (2007)

Hybrid Ads (2007)

Standards of Conduct

Public Access to Materials Relating to Closed Enforcement Cases

Candidate Debates

Recent Projects

Repeal of Millionaires' Amendment Regulations (2008)

Extension of Administrative Fines Program (2008)

Electioneering Communications (2007)

Use of Campaign Funds for Nonfederal Donations and Any Lawful Purpose (2007)

Best Efforts in Administrative Fines Challenges (2007)

Political Committee Status

Click here to access the Rulemaking Archive (For Rulemakings Through 2006)