[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Proposed Rules]
[Pages 25672-25676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10962]


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 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / 
Proposed Rules  

[[Page 25672]]



FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 2000-9]


Election Cycle Reporting by Authorized Committees

AGENCY: Federal Election Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Election Commission is seeking comment on proposed 
rules to require authorized committees of Federal candidates to 
aggregate, itemize and report all receipts and disbursements on an 
election-cycle basis rather than on the current calendar-year-to-date 
basis. This requirement reflects recent changes in the Federal Election 
Campaign Act of 1971. The intent of these proposed rules is to simplify 
recordkeeping and reporting requirements for authorized committees of 
Federal candidates and to better disclose receipts and disbursements 
that occur during an election cycle. 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 2, 2000.

ADDRESSES: All comments should be addressed to 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 
[email protected]. 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 Cheryl Fowle, Attorney, 999 E Street, N.W., Washington, 
D.C. 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On September 29, 1999, Public Law 106-58 
amended section 434(b) of the Federal Election Campaign Act of 1971 
(``the Act'' or ``FECA'') to require, inter alia, that the Commission 
draft rules requiring the authorized committees of Federal candidates 
to aggregate and report their receipts and disbursements \1\ on an 
election-cycle-to-date basis, rather than a calendar-year-to-date 
basis, as is currently required. The new law requires these rules to be 
effective for reports covering periods after December 31, 2000.
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    \1\ While the amendment requires all disbursements including 
operating expenditures to be aggregated and reported on an election-
cycle basis, it does not require that operating expenditures be 
itemized on an election-cycle basis. Thus, the effect of the 
amendment is that operating expenditures would be reported on the 
summary pages on an election-cycle basis and itemized on Schedule B 
on a calendar-year basis. On March 10, 2000, the Commission 
submitted to Congress a legislative recommendation that Congress 
amend the FECA by requiring operating expenditures to be itemized on 
an election cycle basis rather than on a per calendar year basis. 
The proposed rules proceed on the assumption that Congress will pass 
an amendment to the Act to correct this inconsistency prior to the 
January 1, 2001, effective date required by Public Law 106-58.
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    The new law also requires the Commission to amend its regulations 
to add a system of administrative fines for violations of the reporting 
requirements, and to require persons to file electronically if their 
aggregate contributions or expenditures within a calendar year are, or 
are expected to be, above a certain threshold amount. These two topics 
are being addressed in two separate rulemakings. See Notice of Proposed 
Rulemaking, 65 FR 16534 (March 29, 2000) and Notice of Proposed 
Rulemaking, 65 FR 19339 (April 11, 2000).
    The Commission is seeking public comment on proposed amendments to 
11 CFR 104.3, 104.7, 104.8 and 104.9 to implement the new statutory 
requirements regarding election-cycle reporting. Current Commission 
regulations at 11 CFR 104.3 and 104.8 require authorized committees of 
Federal candidates to aggregate contributions from each contributor on 
a per-election basis for purposes of the contribution limits, but to 
report them on a calendar-year-to-date basis.\2\ Other receipts are 
both aggregated and reported on a calendar-year-to-date basis. Under 11 
CFR 104.3 and 104.9, disbursements are both aggregated and reported on 
a calendar-year-to-date basis. The goals of the amendment to the FECA 
and the proposed rules are to simplify recordkeeping and reporting for 
authorized committees by itemizing contributions, other receipts, and 
disbursements on the same election-cycle-to-date basis, and to provide 
the public with more relevant information for the current election 
cycle. 145 Cong. Rec. E1896-02, September 17, 1999 (statement of Hon. 
William M. Thomas).
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    \2\ The Commission notes that publicly funded Presidential 
candidates are required to provide in their matching fund 
submissions, contributor information for contributors whose 
aggregate contributions exceed $200 per calendar year. 11 CFR 
9036.1(b)(2). Since this is an issue of matching fund submissions 
and not a reporting issue, the Commission does not intend to change 
the matching fund regulations while submissions are being made with 
respect to the 2000 election.
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    Please note that this amendment to the FECA does not affect 
unauthorized committees and the Commission does not anticipate issuing 
new rules modifying the calendar year reporting system they currently 
use, or changing the forms they file.\3\
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    \3\ On March 10, 2000, the Commission sent a legislative 
recommendation to Congress recommending a clarifying amendment that 
would remove the election cycle language from 2 U.S.C. 
434(b)(6)(B)(iii) and (v) because 2 U.S.C. 434(b)(6)(B) applies 
solely to unauthorized committees.
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Definition of Election Cycle

    Under current 11 CFR 100.3(b), an election cycle begins on the day 
after the general election for the office or seat that the candidate 
seeks and ends on the day of the next general election for that seat or 
office.\4\ For example, for many candidates for the House of 
Representatives, the 2004 election cycle begins the day after the 
general election in 2002 and will end on the day of the general 
election in 2004. Please note that the length of the election cycle 
varies depending on the office sought.

[[Page 25673]]

The election cycle is two years for candidates for the House of 
Representatives, six years for Senate candidates and four years for 
Presidential candidates.
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    \4\ Please note that in the case of a runoff election after the 
general election, the election cycle would end on the day of the 
runoff election. Advisory Opinions 1993-2 and 1983-16.
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    For purposes of the contribution limits of 2 U.S.C. 441a and 11 CFR 
110.1 and 110.2, contributions are aggregated on per election basis. 
See FEC v. Haley, 852 F.2d 1111, (1988) (``Haley''). Contribution 
aggregation regulations at 11 CFR 110.1 and 110.2 state that post-
election contributions can only be made to the extent the recipient 
committee has net debts outstanding, and these contributions must be 
properly designated for the previous election. 11 CFR 110.1(b)(3)(i) 
and 110.2(b)(3)(i). Those regulations further require that any 
undesignated post-election contributions be applied to the donor's 
contribution limit for the next election in which the recipient will be 
a candidate. In Haley, the Ninth Circuit Court of Appeals upheld the 
Commission's aggregation regulations at 11 CFR 110.1, ruling that post-
election loan guarantees for a loan used to retire general-election 
debt were contributions subject to the limits and aggregation rules in 
Part 110 of 11 CFR.\5\
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    \5\ At the time of the Haley loan guarantees in 1983, 11 CFR 
110.1 stated that properly designated post-primary contributions 
were allowed only to the extent that the recipient committee had net 
debts outstanding. AO 1977-24 interpreted these rules to apply also 
to post-general election contributions. The regulations were 
clarified in a 1987 rulemaking. See Explanation and Justification 
for Rules on Contributions by persons other than multicandidate 
committees, 52 FR 761, (January 9, 1987).
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Changes to FEC Forms 3 and 3P

    The Commission recognizes that the amendment to the FECA and the 
proposed regulations will necessitate several changes to both the paper 
and electronic FEC Form 3 (used by House and Senate candidates' 
authorized committees to report receipts and disbursements) and FEC 
Form 3P (used by Presidential candidates' committees to report receipts 
and disbursements). While most of the changes to the forms would 
consist of renaming headings and redrafting certain instructions, Forms 
3 and 3P for the post-general election report would have to be 
substantively changed. Section 434(a)(2)(A)(ii) of the Act and 11 CFR 
104.5 require that committees file post-general election reports 
covering the period from the 19th day before the general election to 
the twentieth day after the general election. Thus, the post-general 
election covers two election cycles. Similarly, two election cycles 
will be covered in the year-end report for candidates who did not 
participate in the most recent general election (and therefore did not 
file a post-general election report). Comments are sought as to the 
simplest and easiest way for committees to report separately the 
financial activity for each cycle, given that the activity occurred 
within the time period covered by the post-general election report or 
year-end report.

Best Efforts

    Under current 11 CFR 104.7, treasurers are required to exercise 
best efforts to obtain, maintain and report certain identifying 
information for contributors whose contributions aggregate in excess of 
$200 in a calendar year. The Commission is proposing to amend paragraph 
(b) of 11 CFR 104.7 to change the references to $200 in a calendar year 
to $200 in an election cycle with regard to contributions itemized by 
authorized committees. This revision would be consistent with the 
proposed changes to the regulations at 11 CFR 104.3 requiring 
authorized committees to itemized contributions from any contributor 
aggregating in excess of $200 per election cycle. Also under the 
current regulations at 11 CFR 104.7(b), written solicitations are 
required to contain a clear statement requesting contributor 
information. The current regulations give two examples of clear 
statements. The Commission is considering adding two additional 
examples at 11 CFR 104.7(b)(1)(i)(B) for authorized committees.
    Current paragraph (b)(3) of 11 CFR 104.7 requires committees to 
disclose contributor information not supplied by the contributor if the 
committees have the information in their records or reports filed 
within the same ``two-year election cycle.'' Paragraph (b)(4)(ii) of 11 
CFR 104.7 requires that if committees file an amendment containing 
contributor information received after contributions are disclosed, 
that they must amend every report containing itemized contributions 
from those contributors for the ``two-year election cycle.'' The 
Commission seeks comments on possibly revising paragraphs (b)(3) and 
(b)(4)(ii) to require authorized committees to supply information found 
in reports filed within the entire election cycle and to amend all 
reports disclosing itemized contributions from the contributor during 
the election cycle. This would require authorized committees to 
maintain copies of records and reports for the entire election cycle 
(two, four or six years for House, Presidential and Senate candidates 
respectively). However, the FECA requires committees to maintain 
records and reports for a period of three years. 2 U.S.C. 432(d). Since 
these revisions to 11 CFR 104.7(b)(3) and (b)(4)(ii) would require some 
authorized committees to maintain records for a longer period of time 
than the FECA requires, the Commission has not included these changes 
in the proposed rules that follow.

Two Alternatives Regarding Election Cycles

    The Commission is seeking comments on two alternatives, neither of 
which has been included in the proposed rules set out below.

Alternative 1

    The first alternative would be to add a new paragraph (c) to 11 CFR 
104.1 stating that for reporting purposes only, authorized committees 
shall begin the ``election cycle'' on January 1 of the year following 
the general election for a seat or office and shall end the election 
cycle on December 31 of the calendar year in which the next general 
election for that seat or office is held (e.g., January 1, 2003, to 
December 31, 2004, for House candidates). This approach has the 
advantage of causing less change to current reporting practices and 
avoiding the need to include election-cycle-to-date figures for two 
different election cycles in post-general election reports (or year-end 
reports where no post-general report is filed). Under this alternative, 
post-general-election contributions received after the general election 
but before January 1 of the following year would be reported in the 
election cycle to date totals corresponding to the election cycle in 
which the general election was held, even though these contributions 
might count toward the limits for a different election. This approach 
would introduce a definition of election cycle into the regulations 
that is different than the one in current 11 CFR 100.3(b) which relates 
to determining whether an individual is a candidate. To avoid any 
confusion, a new cross-reference sentence would be added to paragraph 
100.3(b) to explain that for reporting purposes, the term election 
cycle is defined at paragraph 104.1(c).

Alternative 2

    Under the second alternative approach, which has not been included 
in the proposed rules set out below, for both reporting and 
contribution limit purposes, authorized committees would begin the 
election cycle on the twenty-first day after the general election for 
the seat or office the candidate is seeking (the day after the end of 
the post-general election reporting period) and end the election cycle 
on the twentieth day after

[[Page 25674]]

the next general election for the seat or office the candidate is 
seeking (the day the post-general reporting period ends for that 
election). Under this alternative, both 11 CFR 100.3(b) (election cycle 
definition) and 11 CFR 104.3 (reporting) would be amended. In addition, 
the contribution aggregation regulations at 11 CFR 110.1 and 110.2 
would be changed to modify the attribution date of undesignated 
contributions for a general election from election day to the twentieth 
day after the election. For example, an undesignated contribution made 
on or before the twentieth day after the election would be considered 
as aggregating to the contributor's contribution limit for the general 
election that was just held. Undesignated contributions made after the 
twentieth day would count toward the contributor's limit for the next 
election in which the recipient is a candidate.
    This alternative would obviate the issue of the post-general 
election report covering two election cycles. Nevertheless, for 
candidates who did not participate in the general election (and 
therefore who do not file a post-general election report), the year-end 
report would cover activity occurring both before the twentieth day 
after the election and after the twentieth day, and thus, would cover 
two election cycles. If the Commission adopts this alternative, it will 
need to consider which advisory opinions, if any need to be modified or 
superseded. Another consideration may be whether this change is 
advisable in light of the Haley decision, absent a change in the FECA.

Aggregation of Past Financial Activity

    The amendment to the Act requires that the new rules be in effect 
for reporting periods beginning after December 31, 2000. Consequently, 
receipts and disbursements made between November 8, 2000 (the day after 
the general election) and December 31, 2000 will be reported in the 
year-to-date totals for 2000 in the post-general election report and 
the year-end report. However, under proposed paragraph (k) of 11 CFR 
104.3, these amounts must also be included in the election-cycle-to-
date aggregation totals that are reported beginning in 2001. Similarly, 
some candidates for U.S. Senate in 2002 and 2004 and possibly some 
Presidential candidates for the 2004 election may have two, three, four 
or more years of previously reported receipts and disbursements. These 
amounts must also be included in the election-cycle-to-date figures 
reported on the first report covering financial activity occurring in 
2001.
    On the Detailed Summary Page of each report filed for the first 
election cycle during which these rules take effect, election-cycle-to-
date totals should be reported for each category of receipts (except 
itemized and unitemized contributions from individuals) and each 
category of disbursements. Please note that the Commission is creating 
a one-time worksheet to assist authorized committees in aggregating 
election-cycle-to-date data because this might require some committees 
to aggregate several years of previously reported receipts and 
disbursements. However, the Commission does not anticipate making any 
changes to either the detailed summary page, or schedules of 
contributions or expenditures, that would necessitate the filing of 
amendments to reports covering pre-2001 financial activity. The 
Commission is also considering possible changes to its databases to 
reflect the election-cycle totals. The Commission welcomes comments on 
the proposed approach as well as on other alternatives to address these 
issues.
    The Commission seeks comments on the proposed revisions to 11 CFR 
104.3, 104.7, 104.8 and 104.9, on the alternatives discussed above, and 
on any other issues raised by the new statutory requirements regarding 
election cycle reporting.

List of Subjects in 11 CFR Part 104

    Campaign funds, Political committees and parties, Reporting and 
recordkeeping requirements.

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

    These proposed rules, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. The only 
small entities subject to these proposed regulations are candidates for 
Federal office and their authorized committees. The proposed rules 
implement statutory reporting requirements that Congress enacted to 
reduce inadvertent violations of the contribution limits. Therefore, 
there would be no significant economic impact on a substantial number 
of small entities.
    For the reasons set out in the preamble, subchapter A, chapter I of 
title 11 of the Code of Federal Regulations is proposed to be amended 
as follows:

PART 104--REPORTS BY POLITICAL COMMITTEES

    1. The authority citation for part 104 continues to read as 
follows:

    Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434, 
438(a)(8), 438(b), 439a.

    2. Section 104.3 would be amended by revising paragraph (a) 
introductory text, paragraph (a)(3) introductory text, paragraph (a)(4) 
introductory text, paragraphs (a)(4)(i), (v) and (vi), paragraph (b) 
introductory text paragraph (b)(2) introductory text, paragraphs 
(b)(4)(i) and (vi), paragraph (c) introductory text, and paragraph (i), 
and by adding paragraph (k) to read as follows:


Sec. 104.3  Contents of reports (2 U.S.C. 434(b), 439a).

    (a) Reporting of receipts. Each report filed under Sec. 104.1 shall 
disclose the total amount of receipts for the reporting period and for 
the calendar year (or for the election cycle, in the case of an 
authorized committee) and shall disclose the information set forth at 
paragraphs (a)(1) through (a)(4) of this section. The first report 
filed by a committee shall also include all amounts received prior to 
becoming a political committee under Sec. 100.5 of this chapter, even 
if such amounts were not received during the current reporting period.
* * * * *
    (3) Categories of receipts for authorized committees. An authorized 
committee of a candidate for Federal office shall report the total 
amount of receipts received during the reporting period and, except for 
itemized and unitemized breakdowns, during the election cycle in each 
of the following categories:
* * * * *
    (4) Itemization of receipts for all committees including authorized 
and unauthorized committees. The identification (as defined at 
Sec. 100.12 of this chapter) of each contributor and the aggregate 
year-to-date (or aggregate election-cycle-to-date, in the case of an 
authorized committee) total for such contributor in each of the 
following categories shall be reported.
    (i) Each person, other than any committee, who makes a contribution 
to the reporting committee during the reporting period, whose 
contribution or contributions aggregate in excess of $200 per calendar 
year (or per election cycle in the case of an authorized committee), 
together with the date of receipt and amount of any such contributions, 
except that the reporting committee may elect to report such 
information for contributors of lesser amount(s) on a separate 
schedule;
* * * * *
    (v) Each person who provides a rebate, refund or other offset to

[[Page 25675]]

operating expenditures to the reporting committee in an aggregate 
amount or value in excess of $200 within the calendar year (or within 
the election cycle, in the case of an authorized committee), together 
with the date and amount of any such receipt; and
    (vi) Each person who provides any dividend, interest, or other 
receipt to the reporting committee in an aggregate value or amount in 
excess of $200 within the calendar year (or within the election cycle, 
in the case of an authorized committee), together with the date and 
amount of any such receipt.
    (b) Reporting of Disbursements. Each report filed under Sec. 104.1 
shall disclose the total amount of all disbursements for the reporting 
period and for the calendar year (or for the election cycle, in the 
case of an authorized) and shall disclose the information set forth at 
paragraphs (b)(1) through (b)(4) of this section. The first report 
filed by a committee shall also include all amounts disbursed prior to 
becoming a political committee under Sec. 100.5 of this chapter, even 
if such amounts were not disbursed during the current reporting period.
* * * * *
    (2) Categories of disbursements for authorized committees. An 
authorized committee of a candidate for Federal office shall report the 
total amount of disbursements made during the reporting period and, 
except for itemized and unitemized breakdowns, during the election 
cycle in each of the following categories:
* * * * *
    (4) * * *
    (i) Each person to whom an expenditure in an aggregate amount or 
value in excess of $200 within the election cycle is made by the 
reporting committee to meet the committee's operating expenses, 
together with the date, amount and purpose of each expenditure.
* * * * *
    (vi) Each person who has received any disbursement(s) not otherwise 
disclosed under paragraph (b)(4) of this section to whom the aggregate 
amount or value of such disbursements exceeds $200 within the election 
cycle, together with the date, amount, and purpose of any such 
disbursement.
    (c) Summary of contributions and operating expenditures. Each 
report filed pursuant to Sec. 104.1 shall disclose for both the 
reporting period and the calendar year (or the election cycle, in the 
case of the authorized committee):
* * * * *
    (i) Cumulative reports. The reports required to be filed under 
Sec. 104.5 shall be cumulative for the calendar year (or for the 
election cycle, in the case of an authorized committee) to which they 
relate, but if there has been no change in a category reported in a 
previous report during that year (or during that election cycle, in the 
case of an authorized committee), only the amount thereof need be 
carried forward.
* * * * *
    (k) Reporting election cycle activity occurring prior to January 1, 
2001. The aggregate of each category of receipt listed in 
Sec. 104.3(a)(3), except those in Sec. 104.3(a)(3)(i)(A) and (B), and 
for each category of disbursement listed in Sec. 104.3(b)(2) shall 
include amounts received or disbursed on or after the day after the 
last general election for the seat or office for which the candidate is 
running through December 31, 2000.
    3. Section 104.8 would be amended by revising paragraph (a) and the 
first sentence of paragraph (b) to read as follows:


Sec. 104.8  Uniform reporting of receipts.

    (a) A reporting committee shall disclose the identification of each 
individual who contributes an amount in excess of $200 to the 
committee's federal account(s). This identification shall include the 
individual's name, mailing address, occupation, the name of his or her 
employer, if any, and the date of receipt and amount of any such 
contribution. If an individual contributor's name is known to have 
changed since an earlier contribution reported during the calendar year 
(or during the election cycle, in the case of an authorized committee), 
the exact name or address previously used shall be noted with the first 
reported contribution from that contributor subsequent to the name 
change.
    (b) In each case where a contribution received from an individual 
in a reporting period is added to previously unitemized contributions 
from the same individual and the aggregate exceeds $200 in a calendar 
year (or in an election cycle, in the case of an authorized committee) 
the reporting committee shall disclose the identification of such 
individual along with the date of receipt and amount of any such 
contribution. * * *
* * * * *
    4. Section 104.9 would be amended by revising paragraphs (a) and 
(b) as follows:


Sec. 104.9  Uniform reporting of disbursements.

    (a) Political committees shall report the full name and mailing 
address of each person to whom an expenditure in an aggregate amount or 
value in excess of $200 within the calendar year (or within the 
election cycle, in the case of an authorized committee) is made from 
the reporting committee's federal account(s), together with the date, 
amount and purpose of such expenditure, in accordance with paragraph 
(b) of this section. As used in this section, purpose means a brief 
statement or description as to the reasons for the expenditure. See 11 
CFR 104.3(b)(3)(i)(A).
    (b) In each case when an expenditure made to a recipient in a 
reporting period is added to previously unitemized expenditures to the 
same recipient and the total exceeds $200 for the calendar year (or for 
the election cycle, in the case of an authorized committee), the 
reporting committee shall disclose the recipient's full name and 
mailing address on the prescribed reporting forms, together with the 
date, amount and purpose of such expenditure. As used in this section, 
purpose means a brief statement or description as to the reason for the 
disbursement as defined at 11 CFR 104.3(b)(3)(i)(A).
* * * * *
    5. Section 104.7 would be amended by revising the introductory text 
of paragraph (b), paragraph (b)(1) and the first sentence of paragraph 
(b)(2) to read as follows:


Sec. 104.7  Best efforts (2 U.S.C. 432(i)).

* * * * *
    (b) With regard to reporting the identification as defined at 11 
CFR 100.12 of each person whose contribution(s) to the political 
committee and its affiliated committees aggregate in excess of $200 in 
a calendar year (or in an election cycle in the case of an authorized 
committee) (pursuant to 11 CFR 104.3(a)(4)), the treasurer and the 
committee will only be deemed to have exercised best efforts to obtain, 
maintain and report the required information if--
    (1)(i) All written solicitations for contributions include a clear 
request for the contributor's full name, mailing address, occupation 
and name of employer, and include an accurate statement of Federal law 
regarding the collection and reporting of individual contributor 
identifications.
    (A) The following are examples of acceptable statements for 
unauthorized committees, but are not the only allowable statements: 
``Federal law requires us to use our best efforts to collect and report 
the name, mailing address, occupation and name of employer of 
individuals whose contributions exceed $200 in a calendar

[[Page 25676]]

year;'' and ``To comply with Federal law, we must use best efforts to 
obtain, maintain, and submit the name, mailing address, occupation and 
name of employer of individuals whose contributions exceed $200 per 
calendar year.''
    (B) The following are examples of acceptable statements for 
authorized committees, but are not the only allowable statements: 
``Federal law requires us to use our best efforts to collect and report 
the name, mailing address, occupation and name of employer of 
individuals whose contributions exceed $200 in an election cycle;'' and 
``To comply with Federal law, we must use best efforts to obtain, 
maintain, and submit the name, mailing address, occupation and name of 
employer of individuals whose contributions exceed $200 per election 
cycle.''
    (ii) The request and statement shall appear in a clear and 
conspicuous manner on any response material included in a solicitation. 
The request and statement are not clear and conspicuous if they are in 
small type in comparison to the solicitation and response materials, or 
if the printing is difficult to read or if the placement is easily 
overlooked.
    (2) For each contribution received aggregating in excess of $200 
per calendar year (or per election cycle, in the case of an authorized 
committee) which lacks required contributor information, such as the 
contributor's full name, mailing address, occupation or name of 
employer, the treasurer makes at least one effort after the receipt of 
the contribution to obtain the missing information. * * *
* * * * *

    Dated: April 27, 2000.
Darryl R. Wold,
Chairman, Federal Election Commission.
[FR Doc. 00-10962 Filed 5-2-00; 8:45 am]
BILLING CODE 6715-01-U