This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

68053

Vol. 69, No. 225

Tuesday, November 23, 2004

OFFICE OF GOVERNMENT ETHICS 

5 CFR Part 2641 

RIN 3209–AA14 

Post-Employment Conflict of Interest 

Restrictions; Revision of Departmental 

Component Designations

AGENCY: Office of Government Ethics 

(OGE).

ACTION: Final rule; amendments.

SUMMARY: The Office of Government 

Ethics is revising the component 

designations of several departments, for 

purposes of the one-year postemployment conflict of interest 

restriction for senior employees, at 18 

U.S.C. 207(c). OGE is adding several 

new component designations, revoking 

several existing component 

designations, and changing the names of 

others, based upon the 

recommendations of the departments 

concerned.

EFFECTIVE DATES: This final rule is 

effective November 23, 2004, except for 

the removals of certain designated 

components from appendix B to part 

2641, as set forth in amendatory 

paragraph 3 below, which are effective 

on February 22, 2005.

FOR FURTHER INFORMATION CONTACT: W. 

Gregg Burgess, Associate General 

Counsel, Office of Government Ethics; 

telephone: (202) 482–9300; TDD: (202) 

482–9293; fax: (202) 482–9237.

SUPPLEMENTARY INFORMATION:

A. Substantive Discussion 

18 U.S.C. 207(c) prohibits a former 

‘‘senior employee,’’ for a period of one 

year, from knowingly making, with the 

intent to influence, any communication 

to or appearance before an employee of 

the department or agency in which he 

served in any capacity during the oneyear period prior to termination from 

senior service, if that communication or 

appearance is made on behalf of any 

other person, except the United States. 

For purposes of 18 U.S.C. 207, a ‘‘senior 

employee’’ is any individual whose rate 

of basic pay is equal to or greater than 

86.5 percent of the rate for level II of the 

Executive Schedule. 

The representational bar of 18 U.S.C. 

207(c) usually extends to the whole of 

any department or agency in which a 

former senior employee served in any 

capacity during the year prior to 

termination from a senior employee 

position. However, 18 U.S.C. 207(h) 

provides that whenever the Director of 

OGE determines that an agency or 

bureau within a department or agency 

in the executive branch exercises 

functions which are distinct and 

separate from the remaining functions of 

the department or agency and there 

exists no potential for use of undue 

influence or unfair advantage based on 

past Government service, the Director 

shall by rule designate such agency or 

bureau as a separate department or 

agency. As a result, a former senior 

employee who served in a ‘‘parent’’ 

department or agency is not barred by 

18 U.S.C. 207(c) from making 

communications to or appearances 

before any employee of any designated 

component of that parent, but is barred 

as to employees of that parent or of 

other components that have not been 

designated. Moreover, a former senior 

employee who served in a designated 

component of a parent department or 

agency is barred from communicating to 

or making an appearance before any 

employee of that component, but is not 

barred as to any employee of the parent 

or of any other component.

Under 18 U.S.C. 207(h)(2), component 

designations do not apply to persons 

employed at a rate of pay specified in 

or fixed according to subchapter II of 5 

U.S.C. chapter 53 (the Executive 

Schedule). Component designations are 

listed in appendix B of 5 CFR part 2641. 

The Director of OGE regularly reviews 

the component designations and 

determinations and, in consultation 

with the department or agency 

concerned, makes such additions and 

deletions as are necessary. As specified 

in 5 CFR 2641.201(e)(3)(iii), the Director 

‘‘shall by rule make or revoke a 

component designation after 

considering the recommendation of the 

designated agency ethics official.’’ 

Section 2641.201(e)(6) further provides 

that, before designating an agency 

component as distinct and separate for 

purposes of 18 U.S.C. 207(c), the 

Director must find that there exists no 

potential for use by former senior 

employees of undue influence or unfair 

advantage based on past Government 

service, and that the component is an 

agency or bureau within a department 

or agency that exercises functions which 

are distinct and separate from the 

functions of the parent department or 

agency and from the functions of other 

components of that parent. 

Pursuant to the procedures prescribed 

in 5 CFR 2641.201(e), several 

departments have forwarded written 

requests to OGE that their department’s 

listing in appendix B be amended. After 

carefully reviewing the requested 

changes in light of the criteria in 18 

U.S.C. 207(h) as implemented in 5 CFR 

2641.201(e)(6), the current Acting 

Director of OGE has determined to grant 

all the requests and amend appendix B 

to 5 CFR part 2641 as explained below. 

Department of Commerce 

The Department of Commerce (DOC) 

has advised that the name of one DOC 

component currently listed in appendix 

B of part 2641 has been changed. 

According to DOC, the ‘‘Bureau of 

Export Administration’’ is now the 

‘‘Bureau of Industry and Security.’’ 

Therefore, the OGE Acting Director is 

amending the DOC listing in appendix 

B to reflect the current name of this 

component. 

Department of Defense 

The Department of Defense (DOD) has 

advised that the name of one DOD 

designated component currently listed 

in appendix B of part 2641 has been 

changed. According to DOD, the 

‘‘National Imagery and Mapping 

Agency’’ is now the ‘‘National 

Geospatial-Intelligence Agency.’’ 

Therefore, the Acting Director is 

amending the DOD listing in appendix 

B to reflect the current name of this 

component. 

Department of Homeland Security

The Department of Homeland 

Security (DHS), which was created in 

the Homeland Security Act of 2002, 

Public Law No. 107–296, 116 Stat. 2135, 

has requested that the Director designate 

seven distinct and separate components 

in DHS for purposes of 18 U.S.C. 207(c). 

DHS has requested such designations 

68054 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

for its Directorates of ‘‘Emergency 

Preparedness and Response’’ (EPR), 

Information Analysis and Infrastructure 

Protection (IAIP), and ‘‘Science and 

Technology’’ (S&T), as each was created 

by separate statutory provision under 

the Homeland Security Act of 2002. 

Largely composed of the Federal 

Emergency Management Agency 

(FEMA), the EPR was established to 

ensure that the nation is prepared for 

catastrophes, including natural disasters 

and terrorist assaults. The IAIP was 

established to merge the capability to 

identify and to assess a broad range of 

intelligence information from Federal, 

State, and local authorities concerning 

threats to the homeland. The S&T 

functions to serve as the primary 

research and development arm of DHS 

to organize the scientific and 

technological resources of the nation to 

prevent or mitigate the effects of 

catastrophic terrorism. 

In addition to these Directorates, DHS 

has requested the following distinct and 

separate component designations: the 

‘‘Federal Law Enforcement Training 

Center’’ (FLETC), the ‘‘Transportation 

Security Administration’’ (TSA), the 

‘‘United States Coast Guard’’ (USCG), 

and the ‘‘United States Secret Service’’

(USSS), all four of which were 

previously designated as distinct and 

separate components at other 

departments. The Homeland Security 

Act of 2002 established that each of 

these four entities shall be maintained 

as a distinct and separate entity within 

DHS. 

The Acting Director is granting the 

requests of DHS and amending 

appendix B to part 2641 to add a listing 

for DHS as a parent department and to 

designate the requested seven distinct 

and separate components in the DHS 

listing. 

Department of Justice 

The Department of Justice (DOJ) has 

requested revocation of the 

‘‘Immigration and Naturalization 

Service’’ (INS) currently listed in 

appendix B of part 2641 as a designated 

component of DOJ, because the 

functions of INS have been transferred 

to the Department of Homeland 

Security. In addition, in accordance 

with the Homeland Security Act of 

2002, the ‘‘Bureau of Alcohol, Tobacco, 

Firearms and Explosives’’ (ATF) has 

been established as a new distinct entity 

within DOJ. Therefore, DOJ has also 

requested that this bureau be designated 

a distinct and separate component of 

DOJ. The Acting Director is granting the 

DOJ requests and therefore is amending 

the DOJ listing in appendix B to part 

2641 to revoke the component 

designation of INS and to designate ATF 

as a new component.

Department of Labor 

The Department of Labor (DOL) has 

advised that the name of one DOL 

designated component currently listed 

in appendix B of part 2641 has been 

changed. According to DOL, the 

‘‘Pension and Welfare Benefits 

Administration’’ is now the ‘‘Employee 

Benefits Security Administration.’’

Therefore, the Acting Director is 

amending the DOL listing in appendix 

B to part 2641 to reflect the current 

name of this component. 

Department of Transportation 

The Department of Transportation 

(DOT) has advised that the functions of 

the Transportation Security 

Administration (TSA) and the United 

States Coast Guard (USCG) have been 

transferred to the Department of 

Homeland Security in accordance with 

the Homeland Security Act of 2002, and 

has therefore requested that the 

component designations of TSA and 

USCG be revoked. The Acting Director 

is granting the DOT requests and is 

accordingly revising the DOT listing in 

appendix B to part 2641 to revoke the 

component designations of TSA and 

USCG. 

Department of the Treasury 

In connection with the changes 

pursuant to the Homeland Security Act 

of 2002, the Department of the Treasury 

(Treasury) has requested that the 

following four component designations 

be revoked, since these components no 

longer are a part of Treasury: ‘‘Bureau of 

Alcohol, Tobacco and Firearms’’

(BATF), ‘‘Federal Law Enforcement 

Training Center’’ (FLETC), ‘‘United 

States Customs Service’’ (USCG), and 

‘‘United States Secret Service’’ (USSS). 

The Acting Director is granting 

Treasury’s requests and is accordingly 

revising the Treasury listing in 

appendix B to part 2641 to revoke the 

component designations of BATF, 

FLETC, USCG and USSS. 

Further, Treasury has requested that 

the recently-established Treasury 

bureau, the ‘‘Alcohol and Tobacco Tax 

and Trade Bureau’’ (TTB) be designated 

a distinct and separate component of 

Treasury. TTB was established under 

the Homeland Security Act of 2002. 

TTB has all the authorities related to the 

administration and enforcement of the 

provisions of the tax code relative to 

alcohol, tobacco, firearms and certain 

other excise taxes. The Acting Director 

is granting this additional Treasury 

request and is accordingly amending the 

Treasury listing in appendix B to part 

2641 to add TTB as a designated 

component. 

Effective Dates

As indicated in 5 CFR 2641.201(e)(4), 

a designation ‘‘shall be effective as of 

the effective date of the rule that creates 

the designation, but shall not be 

effective as to employees who 

terminated senior service prior to that 

date.’’ Initial designations were effective 

as of January 1, 1991. The effective date 

of subsequent designations is indicated 

by means of parenthetical entries in 

appendix B to part 2641. The new 

component designations made by this 

rulemaking document, as well as the 

component name changes being 

reflected herein (which do not affect 

their underlying component designation 

dates), are effective November 23, 2004. 

As also provided in 5 CFR 

2641.201(e)(4), a revocation is effective 

90 days after the effective date of the 

rule that revokes the designation. 

Accordingly, the component 

designation revocations made in this 

rulemaking will take effect February 22, 

2005. Revocations are not effective as to 

any individual terminating senior 

service prior to the expiration of the 90-

day period. 

B. Matters of Regulatory Procedure 

Administrative Procedure Act 

Pursuant to 5 U.S.C. 553, as the 

Acting Director of the Office of 

Government Ethics, I find that good 

cause exists for waiving the general 

requirements for notice of proposed 

rulemaking, opportunity for public 

comment, and, except as to the 

component revocations (see the 

preamble discussion above), a 30-day 

delayed effective date. It is important 

and in the public interest that the 

designation or revocation herein by OGE 

of the specified separate departmental 

components, as well as the component 

name changes, all of which reflect the 

current organization of the concerned 

departments and, as to the new 

component designations, relieve a 

restriction, be published in the Federal 

Register and take effect as promptly as 

possible. 

Regulatory Flexibility Act 

As Acting Director of the Office of 

Government Ethics, I certify under the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

because it affects only Federal 

departments and agencies and current 

and former Federal employees. 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68055

2The Executive Office for United States Attorneys 

shall not be considered separate from any Office of 

the United States Attorney for a judicial district, but 

only from other designated components of the 

Department of Justice.

3The Executive Office for United States Trustees 

shall not be considered separate from any Office of 

the United States Trustee for a region, but only from 

other designated components of the Department of 

Justice.

4Each Office of the United States Attorney for a 

judicial district shall be considered a separate 

component from each other such office.

5Each Office of the United States Trustee for a 

region shall be considered a separate component 

from each other such office.

Paperwork Reduction Act

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does not apply to this 

rule because it does not contain 

information collection requirements that 

require the approval of the Office of 

Management and Budget. 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25, subchapter II), the final rule 

will not significantly or uniquely affect 

small governments and will not result in 

increased expenditures by State, local 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more (as adjusted for inflation) in any 

one year. 

Congressional Review Act 

The Office of Government Ethics has 

determined that this rulemaking 

involves a nonmajor rule under the 

Congressional Review Act (5 U.S.C. 

chapter 8) and will submit a report 

thereon to the U.S. Senate, House of 

Representatives and General Accounting 

Office in accordance with that law at the 

same time this rulemaking document is 

sent to the Office of the Federal Register 

for publication in the Federal Register

Executive Order 12866 

In promulgating this final rule, the 

Office of Government Ethics has 

adhered to the regulatory philosophy 

and the applicable principles of 

regulation set forth in section 1 of 

Executive Order 12866, Regulatory 

Planning and Review. This rule has not 

been reviewed by the Office of 

Management and Budget under that 

Executive order since it deals with 

agency organization, management, and 

personnel matters and is not 

‘‘significant’’ under the order. 

Executive Order 12988 

As Acting Director of the Office of 

Government Ethics, I have reviewed this 

rule in light of section 3 of Executive 

Order 12988, Civil Justice Reform, and 

certify that it meets the applicable 

standards provided therein.

List of Subjects in 5 CFR Part 2641 

Conflict of interests, Government 

employees.

Approved: November 16, 2004. 

Marilyn L. Glynn, 

Acting Director, Office of Government Ethics.

■ Accordingly, for the reasons set forth 

in the preamble, the Office of 

Government Ethics is amending 5 CFR 

part 2641 as follows:

PART 2641—POST-EMPLOYMENT 

CONFLICT OF INTEREST 

RESTRICTIONS

■ 1. The authority citation for part 2641 

continues to read as follows:

Authority: 5 U.S.C. App. (Ethics in 

Government Act of 1978); 18 U.S.C. 207; E.O. 

12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 

215, as modified by E.O. 12731, 55 FR 42547, 

3 CFR, 1990 Comp., p. 306.

■ 2. Effective November 23, 2004, 

appendix B to part 2641 is amended by 

revising the listings for the Department 

of Commerce, the Department of 

Defense, the Department of Justice, the 

Department of Labor, the Department of 

Transportation and the Department of 

the Treasury, and by adding a listing for 

the Department of Homeland Security, to 

read as follows: 

Appendix B to Part 2641—Agency 

Components for Purposes of 18 U.S.C. 

207(c)

* * * * *

Parent: Department of Commerce 

Components 

Bureau of the Census 

Bureau of Industry and Security (formerly 

Bureau of Export Administration) (effective 

January 28, 1992) 

Economic Development Administration 

International Trade Administration 

Minority Business Development 

Administration 

National Oceanic and Atmospheric 

Administration 

National Telecommunications and 

Information Administration 

Patent and Trademark Office 

Technology Administration (effective January 

28, 1992) 

Parent: Department of Defense 

Components 

Department of the Air Force 

Department of the Army 

Department of the Navy 

Defense Information Systems Agency 

Defense Intelligence Agency 

Defense Logistics Agency 

Defense Threat Reduction Agency (effective 

February 5, 1999) 

National Geospatial-Intelligence Agency 

(formerly National Imagery and Mapping 

Agency) (effective May 16, 1997) 

National Reconnaissance Office (effective 

January 30, 2003) 

National Security Agency

* * * * *

Parent: Department of Homeland Security 

Components 

Directorate of Emergency Preparedness and 

Response (effective November 23, 2004.) 

Directorate of Information Analysis and 

Infrastructure Protection (effective 

November 23, 2004.) 

Directorate of Science and Technology 

(effective November 23, 2004.) 

Federal Law Enforcement Training Center 

(effective November 23, 2004.) 

Transportation Security Administration 

(effective November 23, 2004.) 

United States Secret Service (effective 

November 23, 2004.) 

United States Coast Guard (effective 

November 23, 2004.)

* * * * *

Parent: Department of Justice 

Components 

Antitrust Division 

Bureau of Alcohol, Tobacco, Firearms and 

Explosives (effective November 23, 2004.) 

Bureau of Prisons (including Federal Prison 

Industries, Inc.) 

Civil Division 

Civil Rights Division 

Community Relations Service 

Criminal Division 

Drug Enforcement Administration 

Environment and Natural Resources Division 

Executive Office for United States Attorneys 2

(effective January 28, 1992)

Executive Office for United States Trustees 3

(effective January 28, 1992)

Federal Bureau of Investigation 

Foreign Claims Settlement Commission 

Immigration and Naturalization Service 

(expiring February 22, 2005.) 

Independent Counsel appointed by the 

Attorney General 

Office of Justice Programs 

Office of the Pardon Attorney (effective 

January 28, 1992) 

Offices of the United States Attorney (94) 4

Offices of the United States Trustee (21) 5

Tax Division 

United States Marshals Service (effective 

May 16, 1997) 

United States Parole Commission 

Parent: Department of Labor 

Components 

Bureau of Labor Statistics 

Employee Benefits Security Administration 

(formerly Pension and Welfare Benefits 

Administration) (effective May 16, 1997) 

Employment and Training Administration 

Employment Standards Administration 

Mine Safety and Health Administration 

Occupational Safety and Health 

Administration 

Office of Disability Employment Policy 

(effective January 30, 2003)

* * * * *

68056 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

Parent: Department of Transportation 

Components 

Federal Aviation Administration 

Federal Highway Administration 

Federal Motor Carrier Safety Administration 

(effective January 30, 2003) 

Federal Railroad Administration

Federal Transit Administration 

Maritime Administration 

National Highway Traffic Safety 

Administration 

Saint Lawrence Seaway Development 

Corporation 

Surface Transportation Board (effective May 

16, 1997) 

Transportation Security Administration 

(effective January 30, 2003, expiring 

February 22, 2005.) 

United States Coast Guard (expiring February 

22, 2005.) 

Parent: Department of the Treasury 

Components 

Alcohol and Tobacco Tax and Trade Bureau 

(effective November 23, 2004.) 

Bureau of Alcohol, Tobacco and Firearms 

(expiring February 22, 2005.) 

Bureau of Engraving and Printing 

Bureau of the Mint 

Bureau of the Public Debt 

Comptroller of the Currency 

Federal Law Enforcement Training Center 

(expiring February 22, 2005.) 

Financial Crimes Enforcement Network 

(FinCEN) (effective January 30, 2003) 

Financial Management Service 

Internal Revenue Service 

Office of Thrift Supervision 

United States Custom Service (expiring 

February 22, 2005.) 

United States Secret Service (expiring 

February 22, 2005.)

■ 3. Effective February 22, 2005, 

appendix B to part 2641 is further 

amended by:

■ A. Removing the Immigration and 

Naturalization Service from the listing 

for the Department of Justice;

■ B. Removing the Transportation 

Security Agency and the United States 

Coast Guard from the listing for the 

Department of Transportation; and

■ C. Removing the Bureau of Alcohol, 

Tobacco and Firearms, the Federal Law 

Enforcement Training Center, the United 

States Custom Service and the United 

States Secret Service from the listing for 

the Department of the Treasury.

[FR Doc. 04–25897 Filed 11–22–04; 8:45 am] 

BILLING CODE 6345–02–P

FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 102, 104, and 106 

[Notice 2004–15] 

Political Committee Status, Definition 

of Contribution, and Allocation for 

Separate Segregated Funds and 

Nonconnected Committees

AGENCY: Federal Election Commission.

ACTION: Final rules and transmittal of 

regulations to Congress. 

SUMMARY: The Federal Election 

Commission (‘‘Commission’’) is revising 

portions of its regulations regarding the 

definition of ‘‘contribution’’ and the 

allocation of certain costs and expenses 

by separate segregated funds (‘‘SSFs’’) 

and nonconnected committees. A new 

rule explains when funds received in 

response to certain communications by 

any person must be treated as 

‘‘contributions.’’ In the allocation 

regulations, the final rules eliminate the 

previous allocation formula under 

which SSFs and nonconnected 

committees used the ‘‘funds expended’’

method to calculate a ratio for use of 

Federal and non-Federal funds for 

administrative and generic voter drive 

expenses, replacing it with a flat 50% 

minimum. These rules also spell out 

how SSFs and nonconnected 

committees must pay for voter drives 

and certain public communications. 

Other changes proposed previously 

regarding the definitions of ‘‘political 

committee’’ and ‘‘expenditure’’ are not 

being adopted. Further information is 

provided in the supplementary 

information that follows.

DATES: Effective January 1, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. 

Mai T. Dinh, Assistant General Counsel, 

Mr. J. Duane Pugh Jr., Senior Attorney, 

Mr. Richard T. Ewell, Attorney, Mr. 

Robert M. Knop, Attorney, or Ms. 

Margaret G. Perl, Attorney, 999 E Street, 

NW., Washington, DC 20463, (202) 694–

1650 or (800) 424–9530.

SUPPLEMENTARY INFORMATION: The 

Commission published a Notice of 

Proposed Rulemaking on March 11, 

2004. See Notice of Proposed 

Rulemaking on Political Committee 

Status, 69 FR 11736 (Mar. 11, 2004) 

(‘‘NPRM’’). Written comments were due 

by April 5, 2004 for those commenters 

who wished to testify at the 

Commission hearing on these proposed 

rules, and by April 9, 2004 for 

commenters who did not wish to testify. 

The NPRM addressed a number of 

proposed changes to 11 CFR parts 100, 

102, 104, 106 and 114. The Commission 

received over 100,000 comments from 

the public with regard to the various 

issues raised in the NPRM. The 

comments are available at http://

www.fec.gov/register.htm under 

‘‘Political Committee Status.’’ The 

Commission held a public hearing on 

April 14 and 15, 2004, at which 31 

witnesses testified. A transcript of the 

public hearing is also available at

http://www.fec.gov/register.htm under 

‘‘Political Committee Status.’’ For the 

purposes of this document, the terms 

‘‘comment’’ and ‘‘commenter’’ apply to 

both written comments and oral 

testimony at the public hearing. 

Under the Administrative Procedure 

Act, 5 U.S.C. 553(d), and the 

Congressional Review of Agency 

Rulemaking Act, 5 U.S.C. 801(a)(1), 

agencies must submit final rules to the 

Speaker of the House of Representatives 

and the President of the Senate and 

publish them in the Federal Register at 

least 30 calendar days before they take 

effect. The final rules that follows were 

transmitted to Congress on November 

18, 2004. 

Explanation and Justification 

Solicitations 

The Commission is adopting one 

addition to the regulatory definition of 

‘‘contribution’’ in 11 CFR part 100, 

subpart B. This addition comports with 

the statutory standard for 

‘‘contribution’’ by reaching payments 

‘‘made * * * for the purpose of 

influencing any election for Federal 

office.’’ 2 U.S.C. 431(8)(A)(i); 11 CFR 

100.51 and 100.52. This addition has 

several exceptions to avoid sweeping 

too broadly. 

11 CFR 100.57—Funds Received in 

Response to Solicitations 

Section 100.57 is a new rule that 

explains when funds received in 

response to certain communications by 

any person must be treated as 

‘‘contributions’’ under FECA. Paragraph 

(a) sets out the general rule, paragraphs 

(b) and (c) create two specific 

exceptions: Paragraph (b) addresses 

certain allocable solicitations, and 

paragraph (c) addresses joint 

fundraisers. These rules in new 11 CFR 

100.57 apply to all political committees, 

corporations, labor organizations, 

partnerships, organizations and other 

entities that are ‘‘persons’’ under the 

Federal Election Campaign Act of 1971, 

as amended (‘‘FECA’’). See 2 U.S.C. 

431(11). The rules apply without regard 

to tax status, so they reach all FECA 

‘‘persons,’’ including, for example, 

entities described in or operating under 

section 501(c)(3), 501(c)(4), and 527 of 

the Internal Revenue Code.