83_FR_62514 83 FR 62282 - Rulemaking Petition: Definition of Contribution

83 FR 62282 - Rulemaking Petition: Definition of Contribution

FEDERAL ELECTION COMMISSION

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range62282-62283
FR Document2018-26107

On August 27, 2018, the Federal Election Commission received a Petition for Rulemaking, which asks the Commission to amend a regulation that defines the term ``contribution'' in light of a recent district court decision in Citizens for Responsibility & Ethics in Washington v. Federal Election Commission. The Commission seeks comments on the petition.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018) 
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Proposed Rules]
[Pages 62282-62283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26107]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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. 83, No. 232 / Monday, December 3, 2018 / 
Proposed Rules

[[Page 62282]]



FEDERAL ELECTION COMMISSION

11 CFR Part 100

[Notice 2018-16]


Rulemaking Petition: Definition of Contribution

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition; notification of availability.

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SUMMARY: On August 27, 2018, the Federal Election Commission received a 
Petition for Rulemaking, which asks the Commission to amend a 
regulation that defines the term ``contribution'' in light of a recent 
district court decision in Citizens for Responsibility & Ethics in 
Washington v. Federal Election Commission. The Commission seeks 
comments on the petition.

DATES: Comments must be submitted on or before February 1, 2019.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
http://www.fec.gov/fosers, reference REG 2018-03. Alternatively, 
commenters may submit comments in paper form, addressed to the Federal 
Election Commission, Attn.: Robert M. Knop, Assistant General Counsel, 
1050 First Street NE, Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, or Mr. Tony Buckley, Attorney, Office of the General Counsel, 
1050 First Street NE, Washington, DC 20463, (202) 694-1650 or (800) 
424-9530.

SUPPLEMENTARY INFORMATION: On August 27, 2018, the Commission received 
a Petition for Rulemaking from the Institute for Free Speech 
(``Petition''), asking the Commission to amend 11 CFR 100.52, which 
defines the term ``contribution.'' Specifically, the Institute for Free 
Speech asks the Commission to amend this regulation in light of the 
decision in Citizens for Responsibility & Ethics in Washington v. FEC 
(``CREW''), 316 F. Supp. 3d 349 (D.D.C. 2018), appeal docketed, No. 18-
5261 (DC Cir. Aug. 30, 2018).
    Under the Federal Election Campaign Act, 52 U.S.C. 30101-45 (the 
``Act''), and Commission regulations, persons other than political 
committees that make independent expenditures aggregating over $250 
with respect to a given election in a calendar year must report to the 
Commission certain information regarding their independent 
expenditures. 52 U.S.C. 30104(c)(1); 11 CFR 109.10(b) and (e). The Act 
provides that such reports must include ``the identification of each 
person (other than a political committee) who makes a contribution to 
the reporting committee during the reporting period, whose contribution 
or contributions have an aggregate amount or value in excess of $200 
within the calendar year,'' and ``the identification of each person who 
made a contribution in excess of $200 to the person filing such 
statement which was made for the purpose of furthering an independent 
expenditure.'' 52 U.S.C. 30104(b)(3)(A), (c)(1), (c)(2)(C) (emphasis 
added). Commission regulations implemented these paragraphs by 
requiring persons filing such reports to include the ``identification 
of each person who made a contribution in excess of $200 to the person 
filing such report, which contribution was made for the purpose of 
furthering the reported independent expenditure.'' 11 CFR 
109.10(e)(1)(vi) (emphasis added) (vacated effective September 18, 
2018). Commission regulations define ``contribution'' as including a 
``gift, subscription, loan . . ., advance, or deposit of money or 
anything of value made by any person for the purpose of influencing any 
election for Federal office.'' 11 CFR 100.52; see also 52 U.S.C. 
30101(8)(A)(i) (same).
    In CREW, the court declared invalid and vacated the reporting 
requirement at 11 CFR 109.10(e)(1)(vi) for persons other than political 
committees that make independent expenditures. The court held that the 
regulation failed to implement the statutory disclosure requirements of 
52 U.S.C. 30104(c). CREW, 316 F.Supp.3d at 423.\1\
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    \1\ An appeal of this decision is currently pending before the 
United States Court of Appeals for the District of Columbia Circuit.
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    According to the Petition, ``the court [in CREW] extended the scope 
of donations to nonprofit entities that may now be considered 
reportable contributions under the Federal Election Campaign Act . . . 
to include certain funds given to organizations that, while not 
political committees, spend $250 in independent expenditures in a 
calendar year.'' Petition at 1. The Petition argues that ``the current 
definition of `Contribution' is inaccurate and misleading, especially 
as it pertains to groups that are not political committees,'' and 
``[t]o understand which donations [to these groups] are contributions 
and which are not, potential speakers must parse over 40 years of case 
law, because neither the statute nor the regulation defining 
contributions has been updated to reflect existing constitutional 
limits.'' Id. at 5. In light of this, the Petition asks the Commission 
to open a rulemaking ``to amend 11 CFR 100.52 to clarify the definition 
of `Contribution.' '' Id.
    The Commission seeks comments on the petition. The public may 
inspect the petition on the Commission's website at http://www.fec.gov/fosers, or in the Commission's Public Records Office, 1050 First Street 
NE, 12th Floor, Washington, DC 20463, Monday through Friday, from 9 
a.m. to 5 p.m.
    The Commission will not consider the petition's merits until after 
the comment period closes. If the Commission decides that the petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.


[[Page 62283]]


    On behalf of the Commission.
Caroline C. Hunter,
Chair, Federal Election Commission.
[FR Doc. 2018-26107 Filed 11-30-18; 8:45 am]
 BILLING CODE 6715-01-P

62282 Proposed Rules Federal Register Vol. 83, No. 232 Monday, December 3, 2018 This section of the FEDERAL REGISTER commercial or financial information or anything of value made by any contains notices to the public of the proposed that is privileged or confidential. person for the purpose of influencing issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: Mr. any election for Federal office.’’ 11 CFR purpose of these notices is to give interested Robert M. Knop, Assistant General 100.52; see also 52 U.S.C. 30101(8)(A)(i) persons an opportunity to participate in the rule making prior to the adoption of the final Counsel, or Mr. Tony Buckley, Attorney, (same). rules. Office of the General Counsel, 1050 First In CREW, the court declared invalid Street NE, Washington, DC 20463, (202) and vacated the reporting requirement 694–1650 or (800) 424–9530. at 11 CFR 109.10(e)(1)(vi) for persons FEDERAL ELECTION COMMISSION SUPPLEMENTARY INFORMATION: On August other than political committees that 27, 2018, the Commission received a make independent expenditures. The 11 CFR Part 100 Petition for Rulemaking from the court held that the regulation failed to Institute for Free Speech (‘‘Petition’’), implement the statutory disclosure [Notice 2018–16] asking the Commission to amend 11 requirements of 52 U.S.C. 30104(c). CFR 100.52, which defines the term CREW, 316 F.Supp.3d at 423.1 Rulemaking Petition: Definition of ‘‘contribution.’’ Specifically, the Contribution Institute for Free Speech asks the According to the Petition, ‘‘the court Commission to amend this regulation in [in CREW] extended the scope of AGENCY: Federal Election Commission. light of the decision in Citizens for donations to nonprofit entities that may ACTION: Rulemaking petition; Responsibility & Ethics in Washington v. now be considered reportable notification of availability. FEC (‘‘CREW’’), 316 F. Supp. 3d 349 contributions under the Federal Election (D.D.C. 2018), appeal docketed, No. 18– Campaign Act . . . to include certain SUMMARY: On August 27, 2018, the funds given to organizations that, while 5261 (DC Cir. Aug. 30, 2018). Federal Election Commission received a Under the Federal Election Campaign not political committees, spend $250 in Petition for Rulemaking, which asks the Act, 52 U.S.C. 30101–45 (the ‘‘Act’’), independent expenditures in a calendar Commission to amend a regulation that and Commission regulations, persons year.’’ Petition at 1. The Petition argues defines the term ‘‘contribution’’ in light other than political committees that that ‘‘the current definition of of a recent district court decision in make independent expenditures ‘Contribution’ is inaccurate and Citizens for Responsibility & Ethics in aggregating over $250 with respect to a misleading, especially as it pertains to Washington v. Federal Election given election in a calendar year must groups that are not political Commission. The Commission seeks report to the Commission certain comments on the petition. committees,’’ and ‘‘[t]o understand information regarding their independent which donations [to these groups] are DATES: Comments must be submitted on expenditures. 52 U.S.C. 30104(c)(1); 11 contributions and which are not, or before February 1, 2019. CFR 109.10(b) and (e). The Act provides potential speakers must parse over 40 ADDRESSES: All comments must be in that such reports must include ‘‘the years of case law, because neither the writing. Commenters are encouraged to identification of each person (other than statute nor the regulation defining submit comments electronically via the a political committee) who makes a contributions has been updated to Commission’s website at http:// contribution to the reporting committee reflect existing constitutional limits.’’ www.fec.gov/fosers, reference REG during the reporting period, whose Id. at 5. In light of this, the Petition asks 2018–03. Alternatively, commenters contribution or contributions have an the Commission to open a rulemaking may submit comments in paper form, aggregate amount or value in excess of ‘‘to amend 11 CFR 100.52 to clarify the addressed to the Federal Election $200 within the calendar year,’’ and definition of ‘Contribution.’ ’’ Id. Commission, Attn.: Robert M. Knop, ‘‘the identification of each person who Assistant General Counsel, 1050 First made a contribution in excess of $200 to The Commission seeks comments on Street NE, Washington, DC 20463. the person filing such statement which the petition. The public may inspect the Each commenter must provide, at a was made for the purpose of furthering petition on the Commission’s website at minimum, his or her first name, last an independent expenditure.’’ 52 U.S.C. http://www.fec.gov/fosers, or in the name, city, and state. All properly 30104(b)(3)(A), (c)(1), (c)(2)(C) Commission’s Public Records Office, submitted comments, including (emphasis added). Commission 1050 First Street NE, 12th Floor, attachments, will become part of the regulations implemented these Washington, DC 20463, Monday public record, and the Commission will paragraphs by requiring persons filing through Friday, from 9 a.m. to 5 p.m. make comments available for public such reports to include the The Commission will not consider the viewing on the Commission’s website ‘‘identification of each person who petition’s merits until after the comment and in the Commission’s Public Records made a contribution in excess of $200 to period closes. If the Commission Office. Accordingly, commenters should the person filing such report, which khammond on DSK30JT082PROD with PROPOSALS decides that the petition has merit, it not provide in their comments any contribution was made for the purpose may begin a rulemaking proceeding. information that they do not wish to of furthering the reported independent The Commission will announce any make public, such as a home street expenditure.’’ 11 CFR 109.10(e)(1)(vi) action that it takes in the Federal address, personal email address, date of (emphasis added) (vacated effective Register. birth, phone number, social security September 18, 2018). Commission number, or driver’s license number, or regulations define ‘‘contribution’’ as 1 An appeal of this decision is currently pending any information that is restricted from including a ‘‘gift, subscription, before the United States Court of Appeals for the disclosure, such as trade secrets or loan . . ., advance, or deposit of money District of Columbia Circuit. VerDate Sep<11>2014 16:24 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\03DEP1.SGM 03DEP1

Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Proposed Rules 62283 On behalf of the Commission. SUPPLEMENTARY INFORMATION: On ENVIRONMENTAL PROTECTION Caroline C. Hunter, February 10, 2016, the Federal Election AGENCY Chair, Federal Election Commission. Commission received a Petition for [FR Doc. 2018–26107 Filed 11–30–18; 8:45 am] Rulemaking from Make Your Laws PAC, 40 CFR Part 55 BILLING CODE 6715–01–P Inc., Make Your Laws Advocacy, Inc., [EPA–R03–OAR–2009–0238; FRL–9986–90– Make Your Laws, Inc., and Dan Backer, Region 3] Esq., asking the Commission to modify FEDERAL ELECTION COMMISSION its regulation at 11 CFR 112.3 to provide Outer Continental Shelf Air time for the public to comment on drafts Regulations; Consistency Update for 11 CFR Part 112 of advisory opinions before the Delaware [Notice 2018–15] Commission votes on the drafts. AGENCY: Environmental Protection Current Commission advisory opinion Agency. Rulemaking Petition: Advisory Opinion ACTION: Proposed rule; consistency Procedures procedures state that the Commission ‘‘will provide at least one draft response update. AGENCY: Federal Election Commission. to the Requestor and the public no later SUMMARY: The Environmental Protection ACTION: Rulemaking petition; than one week prior to the Commission Agency (EPA) is proposing to update a notification of availability. open meeting at which the advisory portion of the Outer Continental Shelf opinion will be considered.’’ Advisory (OCS) Air Regulations. Requirements SUMMARY: On February 10, 2016, the Opinion Procedure, 74 FR 32160, 32161 Federal Election Commission received a applying to OCS sources located within (July 7, 2009). These procedures also 25 miles of states’ seaward boundaries Petition for Rulemaking that asks the note that ‘‘prior to the open meeting, must be updated periodically to remain Commission to promulgate rules establishing specific time periods for the additional advisory opinion draft consistent with the requirements of the submission of public comments on responses may be produced after the corresponding onshore area (COA), as drafts of advisory opinions. The initial draft(s) is released publicly,’’ and mandated by section 328(a)(1) of the that ‘‘[t]he Commission will make Clean Air Act (CAA). The portion of the Commission seeks comments on this available to the public and to Requestors OCS air regulations that is being petition. any and all additional draft responses as updated pertains to the requirements for DATES: Comments must be submitted on soon as possible.’’ Id. The petition asks OCS sources for which Delaware is the or before February 1, 2019. designated COA. The State of the Commission to modify its regulation ADDRESSES: All comments must be in at 11 CFR 112.3 to codify procedures Delaware’s requirements discussed in writing. Commenters are encouraged to establishing specific time periods for this document are proposed to be submit comments electronically via the incorporated by reference into the Code public comment on drafts of advisory Commission’s website at http:// of Federal Regulations and listed in the opinions before the Commission votes sers.fec.gov/fosers/, reference REG appendix to the OCS air regulations. on the drafts. The petition further asks 2016–01. Alternatively, commenters DATES: Written comments must be may submit comments in paper form, the Commission to amend existing received on or before January 2, 2019. addressed to the Federal Election regulations to require that, when the ADDRESSES: Submit your comments, Commission, Attn.: Robert M. Knop, Commission makes public multiple identified by Docket ID No. EPA–R03– Assistant General Counsel, 1050 First drafts of an advisory opinion, the OAR–2009–0238 at http:// Street NE, Washington, DC 20463. Commission indicate the differences www.regulations.gov, or via email to Each commenter must provide, at a between those drafts. maldonado.zelma@epa.gov. For minimum, his or her first name, last The Commission seeks comments on comments submitted at Regulations.gov, name, city, and state. All properly the petition. The public may inspect the follow the online instructions for submitted comments, including petition on the Commission’s website at submitting comments. Once submitted, attachments, will become part of the http://sers.fec.gov/fosers/, or in the comments cannot be edited or removed public record, and the Commission will Commission’s Public Records Office, from Regulations.gov. For either manner make comments available for public 1050 First Street NE, 12th Floor, of submission, EPA may publish any viewing on the Commission’s website Washington, DC 20463, Monday comment received to its public docket. and in the Commission’s Public Records through Friday, from 9 a.m. to 5 p.m. Do not submit electronically any Office. Accordingly, commenters should information you consider to be not provide in their comments any The Commission will not consider the confidential business information (CBI) information that they do not wish to petition’s merits until after the comment or other information whose disclosure is make public, such as a home street period closes. If the Commission restricted by statute. Multimedia address, personal email address, date of decides that the petition has merit, it submissions (audio, video, etc.) must be birth, phone number, Social Security may begin a rulemaking proceeding. accompanied by a written comment. number, or driver’s license number, or The Commission will announce any The written comment is considered the any information that is restricted from action that it takes in the Federal official comment and should include disclosure, such as trade secrets or Register. discussion of all points you wish to commercial or financial information make. EPA will generally not consider khammond on DSK30JT082PROD with PROPOSALS On behalf of the Commission. that is privileged or confidential. comments or comment contents located Dated: November 16, 2018. FOR FURTHER INFORMATION CONTACT: Mr. outside of the primary submission (i.e., Caroline C. Hunter, Robert M. Knop, Assistant General on the web, cloud, or other file sharing Counsel, or Ms. Cheryl A. Hemsley, Chair, Federal Election Commission. system). For additional submission Attorney, Office of the General Counsel, [FR Doc. 2018–26111 Filed 11–30–18; 8:45 am] methods, please contact the person 1050 First Street NE, Washington, DC BILLING CODE 6715–01–P identified in the FOR FURTHER 20463, (202) 694–1650 or (800) 424– INFORMATION CONTACT section. For the 9530. full EPA public comment policy, VerDate Sep<11>2014 16:24 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\03DEP1.SGM 03DEP1


Document Created: 2018-12-01 00:56:02
Document Modified: 2018-12-01 00:56:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRulemaking petition; notification of availability.
DatesComments must be submitted on or before February 1, 2019.
ContactMr. Robert M. Knop, Assistant General Counsel, or Mr. Tony Buckley, Attorney, Office of the General Counsel, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
FR Citation83 FR 62282 
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