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.

Proposed Rules Federal Register

103701 

Vol. 89, No. 244 

Thursday, December 19, 2024 

1 52 U.S.C. 30101–45. 

2 52 U.S.C. 30104(b)(3)(A); 11 CFR 104.3(a)(4). 

3 11 CFR 110.6(c)(1)(iv)(A). If the contribution 

exceeds $200, the conduit or intermediary must 

also report the contributor’s occupation and 

employer. Id. 

4 52 U.S.C. 30112(a). 

5Buckley v. Valeo, 424 U.S. 1, 68 (1976) (per 

curiam). 

6 Id. 

7Advisory Opinion 1990–13 (Socialist Workers’ 

Party); Advisory Opinion 1996–46 (Socialist 

Workers’ Party); Advisory Opinion 2003–02 

(Socialist Workers’ Party); Advisory Opinion 2009– 

01 (Socialist Workers’ Party); Advisory Opinion 

2012–38 (Socialist Workers’ Party). 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 104, 110, and 400 

[Notice 2024–29] 

Modification and Redaction of 

Contributor Information 

AGENCY: Federal Election Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Election 

Commission proposes to amend its 

regulations by establishing procedures 

for contributors or their agents to 

request the Commission—in certain 

limited circumstances when there is a 

reasonable probability the contributor 

may face threats, harassment or 

reprisal—to modify or redact, in whole 

or in part, certain contributor 

information (i.e., mailing address, 

occupation, and employer name) from a 

disclosure report or statement that has 

been filed with the Commission. The 

Commission seeks comment on the 

proposed rules and has not made any 

final decisions about the issues 

presented in this rulemaking. 

DATES: Comments must be received on 

or before February 18, 2025. The 

Commission may hold a public hearing 

on this rulemaking. Anyone wishing to 

testify at such a hearing must file timely 

written comments and must include in 

the written comments a request to 

testify. If a hearing is to be held, the 

Commission will publish a notification 

in the Federal Register announcing the 

date and time of the hearing. 

ADDRESSES: All comments must be in 

writing. Commenters are encouraged to 

submit comments electronically via the 

Commission’s website at https://

sers.fec.gov/fosers, reference REG 2024– 

06. Alternatively, comments may be 

submitted in paper form addressed to 

the Federal Election Commission, Attn.: 

Mr. Robert M. Knop, Assistant General 

Counsel for Policy, 1050 First Street NE, 

Washington, DC 20463 (for U.S. Postal 

Service) or 20002 (for all other delivery 

services). 

Each commenter must provide, at a 

minimum, their 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 for Policy, Ms. Lindsay Bird, 

Attorney, or Mr. Isaac Campbell, 

Attorney, 1050 First Street NE, 

Washington, DC 20463 (for U.S. Postal 

Service) or 20002 (for all other delivery 

services), (202) 694–1650 or (800) 424– 

9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Campaign Act (‘‘the 

Act’’) 1 generally requires contributors’ 

identities to be disclosed in reports or 

statements filed with the Commission. 

Namely, political committees must 

disclose the name, mailing address, 

occupation, and employer name of each 

individual who contributes an aggregate 

in excess of $200 per calendar year (or 

per election cycle in the case of an 

authorized committee).2 Moreover, 

conduits and intermediaries receiving 

and forwarding earmarked contributions 

to candidates must disclose every 

contributor’s name and mailing address, 

regardless of the amount of the 

earmarked contribution.3 The 

Commission, in turn, must post the 

reports and statements containing the 

identification information on its 

website.4

While recognizing that there are 

important governmental interests that 

justify the Act’s disclosure 

requirements, the Supreme Court has 

acknowledged that disclosing a 

contributor’s identity may expose them 

to threats, harassment, or retaliation, 

resulting in a significant burden on their 

First Amendment rights.5 Accordingly, 

the Court has required an exemption 

from the Act’s reporting requirements 

when there is a ‘‘reasonable probability’’ 

that the contributor may face such 

threats, harassment, or retaliation.6

Thus far, the courts have granted 

disclosure exemptions only to 

committees and organizations that 

sought to withhold the identity of their 

contributors due to demonstrated 

threats, harassment, or reprisals 

resulting from association with that 

committee or organization. The 

Commission has also granted such 

exemptions via the advisory opinion 

process when the requesting committee 

or organization was able to demonstrate 

specific evidence of past threats and 

harassment.7 From time to time, the 

Commission has also received requests 

from individual contributors who 

wished to have their identifying 

information removed from disclosure 

reports. And the Commission granted 

such requests when they were 

supported by evidence of threats, 

harassment, or reprisal. The 

Commission is now considering 

whether to establish a procedure to 

formalize the submission and 

consideration of requests by individual 

contributors when reasonable 

probability exists that the contributors 

may face threats, harassment, or 

reprisal. 

Accordingly, the Commission 

proposes to revise its regulations to 

establish a process for individual 

contributors (or their agents) to request 

that the Commission modify or redact, 

in whole or in part, certain contributor 

information (i.e., mailing address, 

occupation, and employer name) from a 

disclosure report or statement that has 

been filed with the Commission under 

52 U.S.C. 30104 and 30116(a)(8). The 

Commission would grant the request if 

it determines that the request 

establishes a reasonable probability that 


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8See 52 U.S.C. 30104(a). 

9 Id. 30104(b)(3)(A); 11 CFR 104.3(a)(4). 

10 52 U.S.C. 30101(13). See also 11 CFR 100.12. 

11See, e.g., Federal Election Commission, Record 

at 4 (Dec. 2009) (‘‘A mailing address is any address 

at which an individual can receive mail, including 

a work address or a P.O. Box.’’), http://www.fec.gov/ 

pdf/record/2009/dec09.pdf. 

12 52 U.S.C. 30102(i); 11 CFR 104.7. 

13 11 CFR 104.7(b). 

14 Id. § 104.7(b)(1). 

15 Id. § 104.7(b)(2). 

16 Id. § 104.7(b)(3). 

17 Id. § 104.7(b)(4). 

18See 52 U.S.C. 30104(c), (f). 

19 Id. 30101(17). 

20See id. 30104(c). 

21 Id. 30104(c)(2). 

22 Id. 30104(f)(3). 

23 Id. 30104(f)(1); 11 CFR 104.20(b). 

24 52 U.S.C. 30104(f)(2); 11 CFR 104.20(c). 

25 52 U.S.C. 30104(f)(2)(E); 11 CFR 104.20(c)(8). 

26 11 CFR 110.6(b)(2). 

27 11 CFR 110.6. 

28 52 U.S.C. 30116(a)(8); 11 CFR 110.6 (c)(1)(i). 

29 11 CFR 110.6(c)(1)(iv)(A). 

30 Id. 

31 52 U.S.C. 30111(a)(4), 30104(a)(11)(B). 

32 Id. 30112(a). 

33 11 CFR 5.2(a). 

disclosure of the requestor’s identifying 

information would subject the requestor 

to threats, harassment, or reprisals. The 

Commission invites public comments 

on the proposed rules. 

I. Background 

A. Requirements To Disclose 

Contributor’s Identities 

1. Political Committees 

Political committees must file 

disclosure reports with the Commission 

on a regular basis.8 These reports must 

include the ‘‘identification’’ of any 

person who contributes more than $200 

during a calendar year (or during an 

election cycle, in the case of an 

authorized committee).9 The Act defines 

the term ‘‘identification’’ to mean ‘‘in 

the case of any individual, the name, the 

mailing address, and the occupation of 

such individual, as well as the name of 

his or her employer.’’ 10 ‘‘Mailing 

address’’ means any address where a 

person receives mail, including a 

business address.11

When the treasurer of a political 

committee demonstrates to the 

Commission that the committee used 

best efforts to obtain, maintain, and 

submit the information required by the 

Act, any report or records of such 

committee will be considered in 

compliance with the Act.12 Commission 

regulations specify the actions that 

treasurers must take to demonstrate that 

they have exercised best efforts to obtain 

and report the ‘‘identification’’ of each 

person whose contribution(s) they are 

required to disclose.13

First, the committee must include a 

clear and conspicuous request for the 

contributor’s identification information 

in any solicitations.14 Second, if the 

contributor does not provide sufficient 

identification information when making 

the contribution, the committee must 

make at least one request for the 

information within 30 days of receipt of 

the contribution.15 Third, if the 

contributor does not respond to the 

follow-up request, but the committee 

possesses the information in its 

contributor records, fundraising records, 

or prior reports filed during the same 

two-year election cycle, then the 

committee must use that information 

when disclosing the contribution.16

Finally, if the requested information 

about a contribution is received after the 

contribution has been disclosed on a 

report, the committee must file a memo 

or amend its report to disclose the 

information.17

2. Persons Who Are Not Political 

Committees 

Persons that spend money to 

influence Federal elections but fall 

outside of the definition of a political 

committee are not required to file 

regular disclosure reports; however, an 

obligation to file disclosures with the 

FEC may be triggered if they engage in 

specified election-related spending.18

Namely, a person that is not a political 

committee may be required to disclose 

the identity of their contributors if they 

make independent expenditures or 

electioneering communications. 

a. Independent Expenditures 

An ‘‘independent expenditure’’ is 

defined as an expenditure for a 

communication made without 

coordination with a candidate, 

campaign, or political party that 

‘‘expressly advocat[es] the election or 

defeat of a clearly identified 

candidate.’’ 19 The Act provides that any 

person that is not a political committee 

and makes independent expenditures 

aggregating more than $250 with respect 

to a given election per calendar year 

must file a statement containing, among 

other information, the name, address, 

occupation, and employer of each 

person whose contributions aggregated 

more than $200 within the calendar 

year.20 The Act also provides that the 

statement must include the same details 

for those who contributed more than 

$200 for the purpose of furthering an 

independent expenditure.21

b. Electioneering Communications 

An electioneering communication is 

any broadcast, cable, or satellite 

communication that refers to a clearly 

identified Federal candidate, is publicly 

distributed within 30 days of a primary 

or 60 days of a general election and is 

targeted to the relevant electorate.22 All 

persons who make electioneering 

communications totaling more than 

$10,000 in any calendar year must file 

a statement with the Commission.23 The 

statement must include, among other 

information, the name and address of 

each person who gave a total of $1,000 

or more within a specified period.24 If 

the electioneering communications were 

paid exclusively from a segregated 

account, only donors to that account 

must be disclosed.25

3. Conduits and Intermediaries 

The Act and Commission regulations 

have special disclosure requirements for 

conduits and intermediaries. A conduit 

or intermediary is any person not 

authorized by the campaign to raise 

funds who receives and forwards an 

earmarked contribution to a candidate 

or a candidate’s authorized 

committee.26 An earmarked 

contribution is one that a contributor 

directs (either orally or in writing) to a 

clearly identified candidate or 

authorized committee through an 

intermediary or conduit.27 Individuals, 

political committees, partnerships, and 

unregistered organizations may serve as 

conduits for earmarked contributions. 

A conduit or intermediary must report 

the source of an earmarked contribution 

to the Commission and the intended 

recipient.28 Commission regulations 

require such reports to include each 

contributor’s name and mailing address, 

regardless of the amount of the 

earmarked contribution.29 If the 

contribution exceeds $200, the conduit 

must also report the contributor’s 

occupation and employer.30

B. The Commission’s Duty To Make 

Reports Public 

The Commission must make a 

disclosure report or statement available 

for public inspection within 48 hours of 

receipt.31 The Commission is required 

to post all publicly available electionrelated reports and information on its 

website.32 Commission regulations 

provide that it ‘‘will make the fullest 

possible disclosure of records to the 

public, consistent with the rights of 

individuals to privacy. . . .’’ 33 Thus, 

when a person or entity files a report or 

statement with the Commission 

containing a contributor’s identification 

information, that information becomes 

accessible to the general public on the 

Commission’s website. 


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34Buckley, 424 U.S. at 66–67. 

35See id.; McConnell v. Fed. Election Comm’n, 

540 U.S. 93, 103–104 (2003); Citizens United v. Fed. 

Election Comm’n, 558 U.S. 310, 368–70 (2010). 

36Buckley, 424 U.S. at 68. 

37 Id. 

38 Id. 

39 Id. at 71. 

40 Id. at 74. 

41E.g., Consent Decree, Socialist Workers 1974 

Nat’l Campaign Comm. v. Fed. Election Comm’n, 

Case No. 74–1338 (D.D.C. 1979); Brown v. Socialist 

Workers ‘74 Campaign Comm. (Ohio), 459 U.S. 87 

(1982); Fed. Election Comm’n v. Hall-Tyner Election 

Campaign Comm., 678 F.2d 416, 420 (2d Cir.1982). 

Courts have also declined to order exemptions, 

finding that a plaintiff’s claims of threat, 

harassment, or reprisal were insufficient to oust the 

general disclosure rule. ProtectMarriage.com v. 

Bowen, 830 F. Supp. 2d 914, 928–30 (E.D. Cal. 

2011). 

42Consent Decree, Socialist Workers 1974 Nat’l 

Campaign Comm. v. Fed. Election Comm’n, Case 

No. 74–1338 (D.D.C. 1979). 

43Advisory Opinion 1990–13 (SWP). 

44 Id. at 6. 

45See Advisory Opinion 1996–46 (SWP); 

Advisory Opinion 2003–02 (SWP); Advisory 

Opinion 2009–01 (SWP); Advisory Opinion 2012– 

38 (SWP). 

46See Advisory Opinion 2016–23 (SWP). 

47See Daniel Anderl Judicial Security and 

Privacy Act of 2022, Public Law 117–263, 136 Stat. 

3458 (2022) (‘‘Judicial Security and Privacy Act’’). 

48 Id. secs. 5933–34. 

49 Id. sec. 5934(f)(1). 

C. Exemptions From Disclosure 

Requirements 

The Supreme Court has recognized 

that there are important governmental 

interests that justify the Act’s disclosure 

requirements, including: (1) providing 

information to the electorate about the 

financial support enjoyed by a 

candidate or political committee, (2) 

deterring corruption and avoiding the 

appearance of corruption, and (3) 

preventing circumvention of the Act’s 

contribution limits.34 The Court has 

generally determined that the Act’s 

disclosure requirements are properly 

tailored to the advancement of these 

interests.35 However, the Court has also 

recognized the need for as-applied 

exemptions from compelled disclosure 

in some circumstances. 

The Commission has provided asapplied exemptions from the Act’s 

disclosure requirements in three ways: 

(1) conformance with court decisions, 

(2) the Commission’s advisory opinion 

process, and (3) informal requests to the 

Commission. 

1. Court Decisions 

In Buckley v. Valeo, the Court 

acknowledged that disclosing a 

contributor’s identity may deter them 

from contributing and, in some 

instances, may expose them to threats, 

harassment, or retaliation.36 The Court 

recognized that ‘‘[t]hese are not 

insignificant burdens on individual 

rights, and they must be weighed 

carefully against the interests which 

Congress has sought to promote by this 

legislation.’’ 37 The Court reasoned that, 

in most applications, disclosure 

requirements are ‘‘the least restrictive 

means of curbing the evils of campaign 

ignorance and corruption that Congress 

found to exist.’’ 38 However, the Court 

left open the possibility of a case 

‘‘where the threat to the exercise of First 

Amendment rights is so serious, and the 

state interest furthered by disclosure so 

insubstantial, that the Act’s 

requirements cannot be constitutionally 

applied.’’ 39 Specifically, the Buckley 

Court instructed that, in such 

circumstances, ‘‘[t]he evidence offered 

need show only a reasonable probability 

that the compelled disclosure of a 

party’s contributors’ names will subject 

them to threats, harassment, or reprisals 

from either Government officials or 

private parties.’’ 40 Organizations have 

brought suits in Federal court seeking to 

be exempted from campaign finance 

disclosure requirements pursuant to the 

Supreme Court’s opinion, and minor 

parties have, from time to time, 

demonstrated a reasonable probability 

that the disclosure would subject 

contributors to threats, harassment, or 

reprisals.41

2. Advisory Opinions 

Committees and organizations that 

wish to withhold their contributors’ 

names and other identifying information 

due to threats, harassment, or reprisals 

resulting from association with that 

committee or organization can also 

request an exemption through the 

advisory opinion process. The 

Commission has issued advisory 

opinions granting exemptions from the 

Act’s disclosure requirements to one 

organization: the Socialist Workers’ 

Party (‘‘SWP’’). 

In 1979, following an action for 

declaratory and injunctive relief, the 

Commission and SWP entered into a 

consent agreement stipulating that, for a 

limited time, SWP would not be 

required to comply with certain 

disclosure provisions of the Act, 

including the requirement to disclose its 

contributors’ identities.42 When the 

consent agreement expired, SWP sought 

an advisory opinion concerning its 

continued eligibility for disclosure 

exemptions. 

In 1990, the Commission issued an 

advisory opinion extending SWP’s 

partial reporting exemption for the next 

two election cycles.43 The Commission 

reasoned that SWP was a minor party 

that continued to demonstrate a 

reasonable probability that disclosure of 

its contributors’ names and other 

identifying information would subject 

them to threats, harassment, or 

reprisals.44 The Commission renewed 

SWP’s exemption on the same grounds 

four more times.45 In 2016, SWP again 

sought to renew the exemption, but the 

Commission was unable to reach 

agreement on SWP’s request.46

3. Informal Requests 

The Commission has occasionally 

received informal requests to substitute 

or redact an individual’s address from 

publicly available documents, which it 

has considered on an ad hoc basis. The 

concerns raised in these requests are not 

necessarily connected to the 

individual’s support for a particular 

cause or organization but may instead 

be tied to the specific individual’s 

circumstances. For example, these 

requests may be submitted by an 

individual who wishes to replace a 

home address with a business address 

due to personal security concerns or a 

victim of intimate partner violence who 

wishes to prevent their home address 

from being publicly disclosed. 

A subset of these requests have 

invoked the Daniel Anderl Judicial 

Security and Privacy Act of 2022.47 That 

Federal law requires Government 

agencies (including the Commission), 

persons, businesses, and associations to 

remove from public view residential 

addresses and certain other personally 

identifiable information of Federal 

judges and members of their households 

and immediate families within 72 hours 

of receiving a request for removal.48

Agencies have no discretion to refuse a 

valid request; failure to comply may 

subject the agency to a suit for 

declaratory or injunctive relief.49

II. Proposed Rules 

A. Applicability of Proposed Rules 

The Act requires individuals and 

entities to disclose contributors’ 

identities in reports or statements filed 

with the Commission in certain 

circumstances. There are no exemptions 

to these disclosure requirements in the 

Act. However, as discussed above, the 

Supreme Court and other Federal courts 

have recognized the need for as-applied 

exemptions from compelled disclosure 

in some circumstances. Consistent with 

that precedent, the Commission too has 

granted as-applied exemptions in 

limited circumstances. Thus far, 

individual contributors’ concerns about 

the disclosure of their personal 

information have generally been 

considered on an ad hoc basis. The 


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103704 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Proposed Rules 

Commission now considers whether to 

establish a procedure to formalize the 

submission and consideration of these 

ad hoc requests. In doing so, the 

Commission is not seeking to foreclose 

or supplant other avenues of relief, such 

as recourse to the courts or the Judicial 

Security and Privacy Act. 

The Commission welcomes comments 

on the scope and necessity of the 

proposed rules. Does the Commission 

have the authority to draft regulations to 

establish a new procedure for 

addressing as-applied exemptions? Is a 

new approach desirable, or should all 

requests be addressed through the 

advisory opinion process and by the 

courts? Should the proposed procedure 

also apply to requests from committees 

or organizations that seek to withhold 

their contributors’ information? If so, 

should there be different approaches for 

requests from individual contributors 

and requests from committees and 

organizations? 

B. Part 400 

1. Proposed 11 CFR 400.1—Scope 

Proposed 11 CFR 400.1 provides that 

part 400 establishes the procedures for 

processing requests to modify or redact 

a contributor’s mailing address, 

occupation, or employer name in 

reports or statements that have been 

filed with the Commission under 52 

U.S.C. 30104 and 30116(a)(8). The 

Commission seeks comments on three 

broad questions that are raised by the 

scope of the proposed rules: (1) whose 

information can be modified or 

redacted, (2) what information can be 

modified or redacted, and (3) what 

reports or statements can be modified or 

redacted. 

a. Whose information can be redacted? 

The proposed rules would only apply 

to the modification or redaction of a 

contributor’s identification information. 

They do not extend to other individuals 

whose personal information may be 

included on disclosure reports or other 

documents made public by the 

Commission. For example, the proposed 

regulations do not apply to the 

redaction of a candidate, treasurer, or 

payee’s address. Should the proposed 

rules allow for the redaction of any 

person’s information that is in the 

documents the Commission makes 

public? 

b. What information can be modified or 

redacted? 

The proposed rules would only apply 

to a request to modify or redact a 

contributor’s mailing address, 

occupation, or employer name; they do 

not establish a procedure for modifying 

or redacting a contributor’s name. This 

is consistent with the Commission’s 

past practice. The Commission has only 

granted requests to withhold 

contributors’ names pursuant to 

advisory opinions or court decisions 

and has not considered such requests on 

an ad hoc basis. 

The Commission welcomes comments 

on the scope and necessity of the 

proposed rules. Should these rules 

allow for the modification or redaction 

of contributors’ names and, if so, should 

the procedure to modify or redact names 

differ from the procedure to modify or 

redact other identifying information. If 

the Commission redacts names under 

part 400, should the confidentiality 

provision at proposed § 400.9 change? 

The Commission also welcomes 

comments on whether a contributor’s 

occupation and employer name should 

be included in the new procedure 

established by the proposed rules. Are 

an individual’s occupation and 

employer too far attenuated from 

potential concerns to include in the 

process? Or should the Commission be 

able to assess whether there is a 

reasonable probability of threats, 

harassment, or reprisals resulting from 

the disclosure of an individual’s 

occupation and employer name when 

weighing each request? Further, should 

the Commission permit redaction of the 

contributor’s complete mailing address 

or only the street name and number of 

the contributor’s mailing address? 

c. What reports or statements can be 

modified or redacted? 

Proposed 11 CFR 400.1 provides that 

the procedures in part 400 shall apply 

to the modification or redaction of 

reports and statements filed with the 

Commission under 52 U.S.C. 30104 and 

30116(a)(8), which include all reports 

filed by political committees, reports of 

independent expenditures, statements 

disclosing electioneering 

communications, and reports of 

conduits and intermediaries. The 

Commission intends for the proposed 

procedure to allow the modification or 

redaction of any report or statement that 

contains a contributor address, 

occupation, or employer name and is in 

the Commission’s possession. Are there 

reports or statements the Commission 

omitted that include contributor 

identification information? Are there 

other types of documents made public 

by the Commission that include 

identifying information? If so, should 

they be included in the new procedure? 

Are there categories of reports or 

statements that should be excluded from 

the proposed procedure? 

The proposed rules would also only 

permit requests for the modification or 

redaction of reports already filed with 

the Commission and amendments to 

those reports. Proposed 11 CFR 400.8, 

discussed below, provides that once the 

Commission modifies or redacts a report 

pursuant to a request, the filer can 

incorporate those same changes into 

future reports for the next two calendar 

years without the requestor submitting a 

new request. 

The Commission seeks comments on 

whether the new procedure should 

allow contributors to ask for their 

information to be modified or redacted 

by the filer in future reports. If so, what 

limitations should be placed on the 

request? Should the filers of the future 

reports be required to participate in the 

request? Should future filers be required 

to withhold the information, or should 

it be discretionary? How would the 

filers of future reports be made aware 

that the contributor’s information can or 

must be withheld? Following the 

Commission’s initial approval of a 

contributor’s request for modification or 

redaction of information, should filers 

be responsible for notifying the 

Commission about the need for future 

modifications or redactions for the same 

contributor or should the Commission 

itself manage tracking of future changes 

to reports? What are the anticipated 

burdens to individual contributors and 

filers, from various alternative 

approaches to the modification or 

redaction of future reports? 

2. Proposed 11 CFR 400.2— 

Computation of Time 

Proposed § 400.2 provides that the 

time periods established by part 400 

will be computed in accordance with 11 

CFR 111.2, which is the computation of 

time provision in the Commission’s 

enforcement regulations. Section 111.2 

provides that in computing any period 

of time, the day of the act, event, or 

default from which the designated 

period of time begins to run will not be 

included. The last day of the period so 

computed will be included, unless it is 

a Saturday, a Sunday, or a legal holiday. 

When the period of time is less than 

seven (7) days, intermediate Saturdays, 

Sundays, and legal holidays shall be 

excluded in the computation. Whenever 

the Commission or any person has the 

right or is required to do some act 

within a prescribed period after the 

service of any paper by or upon the 

Commission or such person, and the 

paper is served by or upon the 

Commission or such person by mail, 

three (3) days shall be added to the 

prescribed period. 


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3. Proposed 11 CFR 400.3—Requests To 

Modify or Redact Contributor’s Mailing 

Address, Occupation, or Employer 

Name 

Proposed § 400.3 establishes that a 

contributor may request that the 

Commission modify or redact their 

mailing address, occupation, or 

employer name from a report or 

statement filed with the Commission. 

The Commission expects such requests 

will include concerns specific to the 

individual contributor. Accordingly, in 

the Commission’s view, the individual 

contributor is best suited to provide the 

information necessary for the 

Commission to consider the request. 

Proposed § 400.5, discussed below, 

specifies that agents, parents, and 

guardians may submit requests on the 

contributor’s behalf. The Commission 

intends for proposed § 400.3 to apply to 

any contributor whose address, 

occupation, or employer name is 

included on any report or statement 

made public by the Commission. This 

section does not consider the amount of 

a contribution or the recipient of the 

contribution. 

The Commission seeks comments on 

this approach. Are there other 

individuals or groups that should be 

able to submit requests through the new 

procedure? Should this procedure only 

be available to individuals whose 

contributions were under a specified 

amount? Should any other limitations 

be placed upon the types of information 

that may be modified or redacted for a 

given contributor? 

4. Proposed 11 CFR 400.4—Contents of 

the Request 

Proposed § 400.4 describes the 

contents of a request to modify or redact 

contributor information. Paragraph (a) 

contains the information that must be 

included in a request at a minimum. 

Paragraph (a)(1) requires the request to 

provide the requestor’s full name, 

address, and telephone number. 

Paragraph (a)(2) requires the request to 

identify the information the requestor 

seeks to modify or redact. Paragraph 

(a)(3) requires the request to identify 

any published report(s) that contain the 

information the requestor is asking the 

Commission to modify or redact. 

Paragraph (a)(4) requires the request to 

be sworn to and signed by the requestor 

and notarized. Under § 400.6, discussed 

below, the Office of the General Counsel 

will review all requests to determine if 

they have met the requirements in 

paragraph (a). If a request does not meet 

the requirements in paragraph (a), then 

no action will be taken on the request 

other than to notify the requestor of its 

deficiencies. 

Paragraph (b) contains the 

information that a request should 

include where possible. The 

Commission will consider these factors 

when evaluating the strength of a 

request. Paragraph (b)(1) provides that 

the request should state with 

particularity the facts that establish a 

reasonable probability that the 

disclosure of each piece of information 

the requestor seeks to modify or redact 

would subject the requestor to threats, 

harassment, or reprisals. Paragraph 

(b)(2) provides that statements within 

the request should be based upon the 

requestor’s personal knowledge. 

Paragraph (b)(3) provides that the 

request should be accompanied by any 

records supporting the facts alleged if 

such records are known, and available, 

to the requestor. If a request meets the 

requirements of paragraph (a) but does 

not contain all the information in 

paragraph (b), it will still be forwarded 

to the Commission for review and 

evaluation, but the Commission may 

have insufficient information to grant 

the request. 

Paragraph (c) provides that all 

statements made in a request are subject 

to the statutes governing perjury and to 

18 U.S.C. 1001. The Commission 

recognizes personal safety concerns will 

motivate requests to modify or redact 

contributor information. To move 

quickly to evaluate such requests, the 

Commission must be able to rely on the 

veracity of the statements in each 

request. 

5. Proposed 11 CFR 400.5—Procedure 

for Submitting a Request 

Proposed § 400.5 describes the 

procedure for submitting a request for 

modification or redaction of contributor 

information. Requests must be 

submitted in writing, addressed to the 

Office of the General Counsel. Requests 

can be submitted via U.S. mail or to the 

email address designated on the 

Commission’s website to receive such 

requests. An authorized agent, parent, or 

guardian of a contributor may submit a 

modification or redaction request, but 

the agent, parent, or guardian must 

disclose the identity of their principal. 

All requests must include the 

information in § 400.4(a). Requests 

submitted by an agent still must be 

sworn to and signed by the requestor, 

not the agent. 

The Commission seeks comments on 

whether committees or organizations 

should be permitted to act as agents of 

contributors for purposes of § 400.5, or 

whether they should be required to 

address such requests through the 

advisory opinion process or the courts. 

6. Proposed 11 CFR 400.6—Initial 

Request Processing 

Proposed § 400.6 sets forth the 

process that the Office of the General 

Counsel will follow upon receipt of a 

request to modify or redact contributor 

information. 

Paragraph (a) provides that the Office 

of the General Counsel will review the 

request within five business days to 

ensure substantial compliance with the 

technical requirements of § 400.4(a). If 

the request meets the technical 

requirements, the Office of the General 

Counsel will forward it to the 

Commission for review under § 400.7. 

Paragraph (b) provides that if the 

technical requirements in § 400.4(a) are 

not met, the Office of the General 

Counsel will, within five business days, 

notify the requestor that no action will 

be taken and identify the request’s 

deficiencies. 

7. Proposed 11 CFR 400.7—Reasonable 

Probability Finding; Notification 

Proposed § 400.7 describes the 

process that the Commission will follow 

when considering a request for 

modification or redaction of contributor 

information. It also sets forth the 

notifications that will follow the 

Commission’s decision. 

Paragraph (a) provides that if the 

Commission, after reviewing the request 

and any supporting documentation, 

determines by an affirmative vote of 

four (4) or more of its members that 

there is a reasonable probability that the 

relevant disclosure would subject the 

requestor to threats, harassment, or 

reprisals, the Commission may approve, 

in whole or in part, the modification or 

redaction of the requested information. 

The Commission will examine 

whether the request includes the 

information in § 400.4(b) when 

evaluating the strength of the request 

but will maintain the flexibility to 

consider the totality of the 

circumstances as presented in the 

request and supporting documentation. 

The Commission will not undertake an 

independent investigation to verify or 

supplement the information in the 

request. However, under § 400.4(c), the 

statements in the request are subject to 

penalties of perjury and to 18 U.S.C. 

1001. 

The ‘‘reasonable probability’’ standard 

in § 400.7(a) implements the standard 

that the Supreme Court has used to 

evaluate as-applied challenges to the 


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50See Buckley, 424 U.S. at 74; Brown, 459 U.S. 

at 93–99; McConnell, 540 U.S. at 199; Citizens 

United, 558 U.S. at 370. 51 11 CFR 104.7(b). 

Act’s disclosure requirements.50 The 

Commission will apply this standard to 

each piece of information the 

contributor seeks to modify or redact. 

The proposed rules use the same 

standard for all requests, regardless of 

whether the request seeks to substitute 

or completely redact information. The 

Commission seeks comments on 

whether the ‘‘reasonable probability’’ 

standard is the appropriate standard for 

evaluating requests to modify or redact 

contributor information. If not, what 

would be the appropriate standard? 

Paragraph (b) provides that the 

Commission will, within five (5) 

business days of voting, notify the 

requestor of the Commission’s decision. 

Paragraph (c) provides that if the 

request is approved, the Commission 

will expeditiously make any approved 

changes to published reports. The 

Commission notes that under proposed 

§ 400.4(a)(3), the requestor is required to 

identify the published reports that the 

requestor seeks to modify or redact. 

Paragraph (d) provides that if changes 

are made to a disclosure report filed 

with the Commission, within five (5) 

business days after the changes are 

made, the Commission will notify the 

committee or person who filed the 

disclosure report that the report was 

modified pursuant to part 400. To 

conserve Commission resources, the 

proposed rules do not require the 

Commission to notify the filer if no 

changes are made to their report. 

8. Proposed 11 CFR 400.8— 

Modifications or Redactions in Future 

Disclosure Reports 

Proposed § 400.8 provides that if the 

Commission makes modifications or 

redactions to a disclosure report 

pursuant to a request under part 400, 

any individuals or entities who are 

required to identify the same individual 

in reports or statements filed with the 

Commission may incorporate those 

modifications or redactions into any 

report or statement filed within the next 

two calendar years, or within any other 

period specified by the Commission in 

its decision approving the contributor’s 

request. 

The Commission recognizes that it 

would be inefficient and impractical to 

require a contributor to submit a new 

request each time their information is 

included in a new report. Additionally, 

the factual basis underlying a request for 

modification or redaction will likely 

persist for some time. Thus, proposed 

§ 400.8 establishes that the changes the 

Commission makes pursuant to a 

request under part 400 can be 

preemptively made to any report or 

statement filed with the Commission 

within the next two calendar years 

without an additional request. The 

Commission will have discretion to 

adjust this two-year default on a caseby-case basis. The Commission seeks 

comments on this approach. In addition, 

the Commission seeks comments on 

whether such requests must be 

submitted after a contribution is made, 

or whether it would be more 

appropriate to permit a requestor to file 

in advance of making a contribution. 

The Commission is proposing a twocalendar year period in § 400.8 as the 

default because it believes this is a 

period during which it could reasonably 

expect the threats, harassment, and 

reprisals identified in a request for 

modification or redaction to persist. 

Additionally, this period helps limit the 

frequency of requests, conserving 

Commission resources and reducing the 

burden on requestors. The Commission 

seeks comments on whether two 

calendar years is the appropriate default 

time period for proposed § 400.8. 

Proposed § 400.8 is discretionary. It 

permits filers to modify or withhold 

certain information from future reports 

but does not require them to do so. 

Under proposed § 400.7(d), the 

Commission will notify filers if it 

changes their report(s) pursuant to a 

contributor’s request. These filers would 

be on notice that they can, and for the 

sake of efficiency should, make these 

same changes in future reports in 

accordance with § 400.8. The 

Commission seeks comments as to how 

it can prevent a requestor’s information 

from being released in a future report 

without the filing of a new request. 

Under the proposed language, if the 

contributor makes a contribution to a 

new committee or organization, the 

contributor would be responsible for 

notifying that entity that their 

information can be withheld or 

modified pursuant to § 400.8. The 

Commission seeks comments 

concerning the method by which a 

contributor would demonstrate that his 

or her information should be withheld 

or modified when making a contribution 

to a new committee or organization. Is 

a copy of the notification to the 

requestor from the Commission 

approving the request sufficient? If not, 

what evidence of the Commission’s 

decision ought to be provided? 

9. Proposed 11 CFR 400.9— 

Confidentiality 

Proposed § 400.9 establishes that 

requests, notifications, and findings 

made pursuant to part 400 will 

generally be kept confidential. 

Paragraph (a) provides that except as 

provided in proposed § 400.7(d), which 

describes the notification that is sent to 

committees when their reports have 

been modified under part 400, no 

request submitted to the Commission, 

nor any notification sent by the 

Commission, nor any findings made by 

the Commission, will be made public by 

the Commission without the written 

consent of the requestor. Paragraph (b) 

establishes that nothing in part 400 shall 

be construed to prevent the introduction 

of evidence in the courts of the United 

States which could properly be 

introduced pursuant to the Federal 

Rules of Evidence or Federal Rules of 

Civil Procedure. The Commission seeks 

comments concerning appropriate 

mechanisms by which the Commission 

may preserve the confidentiality of 

potentially at-risk requestors while 

maintaining appropriate transparency as 

to the Commission’s actions regarding 

redaction and modification requests. 

The Commission also seeks comments 

on whether the proposed procedures in 

part 400 should apply to requests from 

committees or other organizations to 

redact or withhold their contributors’ 

identification information, or whether 

such requests should be addressed 

through the advisory opinion process 

and the courts. 

Additionally, the proposed rules do 

not provide for the redaction or 

modification of a contributor’s name 

pursuant to a request under part 400. A 

person viewing a disclosure report will 

be able to see the names of the 

individuals whose addresses, 

occupations, or employers’ names have 

been modified or redacted pursuant to 

part 400. 

The Commission seeks comments on 

whether and how it should keep the 

requests, notifications, and findings 

made pursuant to proposed part 400 

confidential. 

C. Best Efforts Regulations 

The Commission’s ‘‘best efforts’’ 

regulations at 11 CFR 104.7 specify the 

actions that treasurers must take to 

demonstrate they have exercised best 

efforts to obtain and report the 

‘‘identification’’ of each person whose 

contribution(s) they are required to 

disclose.51 The ‘‘best efforts’’ 

regulations describe the steps a 

committee must take to collect, obtain, 

and report a contributor’s required 

identification information when the 

contributor does not include such 

information with their contribution. 


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52 Id. § 104.7(b)(2). 

53 Id. § 104.7(b)(3). 

Among other requirements, the ‘‘best 

efforts’’ regulations provide that a 

committee must make at least one 

request for the missing information 

within 30 days of receipt of the 

contribution.52 Additionally, if the 

contributor does not respond to the 

follow-up request, the committee must 

still disclose the information if it is in 

its records from the same two-year 

election cycle.53

The Commission is proposing to 

amend § 104.7 to accommodate 

proposed § 400.8, which describes the 

circumstances in which a committee 

may withhold identification information 

from a disclosure report under part 400. 

Under proposed § 400.8, if the 

Commission modifies or redacts a 

disclosure report under proposed part 

400, a committee may incorporate those 

modifications or redactions into any 

report within the next two calendar 

years, or within any other period 

specified by the Commission in its 

decision approving the contributor’s 

request. 

If a committee is excused from 

providing missing identification 

information under proposed § 400.8 

because a contributor’s request to redact 

such information has been granted, the 

committee should not be required to 

solicit the same information from the 

contributor or disclose the information 

from its records. Accordingly, the 

proposed amendments to § 104.7 clarify 

that a committee does not have to take 

such steps if they are excused from 

providing the identification information 

pursuant to proposed § 400.8. 

1. Amendment to 11 CFR 104.7(b)(2) 

Current 11 CFR 104.7(b)(2) provides 

that for each contribution received 

aggregating in excess of $200 per 

calendar year (or per election cycle, in 

the case of an authorized committee) 

that lacks required contributor 

information, such as the contributor’s 

full name, mailing address, occupation 

or name of employer, the treasurer must 

make at least one effort after the receipt 

of the contribution to obtain the missing 

information. The Commission proposes 

to amend § 104.7(b)(2) to clarify that it 

does not apply if the committee is 

excused from providing the information 

pursuant to 11 CFR 400.8. 

2. Amendment to 11 CFR 104.7(b)(3) 

Current 11 CFR 104.7(b)(3) provides 

that if a contributor does not include the 

required identification information with 

their contribution, the treasurer must 

still report the information if it is in the 

political committee’s possession, or in 

its connected organization’s possession, 

including information in contributor 

records, fundraising records and 

previously filed reports, in the same 

two-year election cycle. The 

Commission proposes to amend 

§ 104.7(b)(2) to clarify that it does not 

apply if the committee is excused from 

providing the information pursuant to 

11 CFR 400.8. 

D. Reporting Provisions 

1. Amendment to 11 CFR 104.3(a)(4) 

Current 11 CFR 104.3(a)(4) provides 

that all political committees must report 

identifying information (including 

mailing address, occupation, and the 

name of their employer) of all 

contributors whose contributions 

aggregate more than $200 per calendar 

year. The Commission proposes to 

amend § 104.3(a)(4) to clarify that it 

does not apply if the committee is 

excused from providing the information 

pursuant to 11 CFR 400.8. 

2. Amendment to 11 CFR 104.20(c)(8) 

Through (10) 

Current 11 CFR 104.20(c)(8) through 

(10) provide that all statements of 

electioneering communications must 

disclose the name and address of each 

person of $1,000 or more, aggregating 

since the first day of the preceding 

calendar year. The Commission 

proposes to amend 11 CFR 104.20(c)(8) 

through (10) to clarify that persons filing 

statements of electioneering 

communication do not have to disclose 

an individual’s address if the person is 

excused from providing the information 

pursuant to 11 CFR 400.8. 

3. Amendment to 11 CFR 

110.6(c)(1)(iv)(A) 

Current 11 CFR 110.6(c)(1)(iv)(A) 

provides that all intermediaries or 

conduits must report the name and 

mailing address of each contributor, and 

for each earmarked contribution in 

excess of $200, the contributor’s 

occupation and employer name. The 

Commission proposes to amend 11 CFR 

110.6(c)(1)(iv)(A) to clarify that 

intermediaries and conduits do not have 

to disclose a contributor’s mailing 

address if they are excused from 

providing the information pursuant to 

11 CFR 400.8. 

* * * * * 

The Commission seeks comments on 

whether any other regulations would be 

affected by the proposed rules. 

Certification of No Effect Pursuant to 5 

U.S.C. 605(b) (Regulatory Flexibility 

Act) 

The Commission certifies that the 

proposed rules, if adopted, would not 

have a significant impact on a 

substantial number of small entities. 

The proposed rules would not impose 

any new recordkeeping, reporting, or 

financial obligations on reporting 

entities; in fact, the proposed rules 

would relieve the reporting obligations 

of certain reporting entities. 

Additionally, the majority of the 

proposed regulations target Commission 

actions and the streamlined, articulated 

proposed procedures would apply only 

to individuals and not to any small 

entities. Therefore, the attached 

proposed rules, if promulgated, will not 

have a significant impact on a 

substantial number of small entities. 

List of Subjects 

11 CFR Part 104 

Campaign funds, Political committees 

and parties, Reporting and 

recordkeeping requirements. 

11 CFR Part 110 

Campaign funds, Political committees 

and parties. 

11 CFR Part 400 

Personally identifiable information, 

Privacy, Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Federal Election 

Commission proposes to amend 11 CFR 

chapter I as set forth below: 

PART 104—REPORTS BY POLITICAL 

COMMITTEES AND OTHER PERSONS 

(52 U.S.C. 30104) 

■ 1. The authority citation for part 104 

continues to read as follows: 

Authority: 52 U.S.C. 30101(1), 30101(8), 

30101(9), 30102(g) and (i), 30104, 30111(a)(8) 

and (b), 30114, 30116, 36 U.S.C. 510. 

■ 2. In § 104.3, revise paragraph (a)(4) 

introductory text to read as follows: 

§ 104.3 Contents of reports (52 U.S.C. 

30104(b), 30114). 

(a) * * * 

(4) Itemization of receipts for all 

political committees including 

authorized and unauthorized 

committees. The identification (as 

defined at 11 CFR 100.12) of each 

contributor, unless the committee is 

excused from providing the information 

pursuant to 11 CFR 400.8, and the 

aggregate year-to-date (or aggregate 

election-cycle-to-date, in the case of an 

authorized committee) total for such 


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contributor in each of the following 

categories shall be reported. 

* * * * * 

■ 3. In § 104.7, revise the first sentence 

of paragraph (b)(2) and paragraph (b)(3) 

to read as follows: 

§ 104.7 Best efforts (52 U.S.C. 30102(i)). 

* * * * * 

(b) * * * 

(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, unless the committee is 

excused from providing the information 

pursuant to 11 CFR 400.8. * * * 

(3) The treasurer reports all 

contributor information not provided by 

the contributor, but in the political 

committee’s possession, or in its 

connected organization’s possession, 

regarding contributor identifications, 

including information in contributor 

records, fundraising records and 

previously filed reports, in the same 

two-year election cycle in accordance 

with 11 CFR 104.3, unless the 

committee is excused from providing 

the information pursuant to 11 CFR 

400.8; and 

* * * * * 

■ 4. In § 104.20, revise paragraphs (c)(8) 

through (10) to read as follows: 

§ 104.20 Reporting electioneering 

communications (52 U.S.C. 30104 (f)). 

* * * * * 

(c) * * * 

(8) If the disbursements were paid 

exclusively from a segregated bank 

account consisting of funds provided 

solely by persons other than national 

banks, corporations organized by 

authority of any law of Congress, or 

foreign nationals as defined in 11 CFR 

110.20(a)(3), the name and address of 

each donor who donated an amount 

aggregating $1,000 or more to the 

segregated bank account, aggregating 

since the first day of the preceding 

calendar year, unless the person filing 

the statement is excused from providing 

the donor’s information pursuant to 11 

CFR 400.8. 

(9) If the disbursements were not paid 

exclusively from a segregated bank 

account described in paragraph (c)(7) of 

this section and were not made by a 

corporation or labor organization, the 

name and address of each donor who 

donated an amount aggregating $1,000 

or more to the person making the 

disbursement, aggregating since the first 

day of the preceding calendar year, 

unless the person filing the statement is 

excused from providing the donor’s 

information pursuant to 11 CFR 400.8. 

(10) If the disbursements were made 

by a corporation or labor organization 

and were not paid exclusively from a 

segregated bank account described in 

paragraph (c)(7) of this section, the 

name and address of each person who 

made a donation aggregating $1,000 or 

more to the corporation or labor 

organization, aggregating since the first 

day of the preceding calendar year, 

which was made for the purpose of 

furthering electioneering 

communications, unless the corporation 

or labor organization is excused from 

providing the person’s information 

pursuant to 11 CFR 400.8. 

* * * * * 

PART 110–CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS 

■ 5. The authority citation for part 110 

continues to read as follows: 

Authority: 52 U.S.C. 30101(8), 30101(9), 

30102(c)(2) and (g), 30104(i)(3), 30111(a)(8), 

30116, 30118, 30120, 30121, 30122, 30123, 

30124, and 36 U.S.C. 510. 

■ 6. In § 110.6, revise paragraph 

(c)(1)(iv)(A) to read as follows: 

§ 110.6 Earmarked contributions 52 U.S.C. 

30116(a)(8)). 

* * * * * 

(c) * * * 

(1) * * * 

(iv) * * * 

(A) The name and mailing address of 

each contributor and, for each 

earmarked contribution in excess of 

$200, the contributor’s occupation and 

the name of his or her employer, unless 

the conduit or intermediary is excused 

from providing the information 

pursuant to 11 CFR 400.8; 

* * * * * 

■ 7. Add subchapter D consisting of part 

400 to read as follows: 

SUBCHAPTER D—MODIFICATION AND 

REDACTION OF CONTRIBUTOR 

INFORMATION 

PART 400—REQUESTS TO MODIFY 

OR REDACT INDIVIDUAL’S MAILING 

ADDRESS, OCCUPATION, OR 

EMPLOYER NAME 

Sec. 

400.1 Scope. 

400.2 Computation of time. 

400.3 Requests to modify or redact 

contributor’s mailing address, 

occupation, or employer name. 

400.4 Contents of the request. 

400.5 Procedure for submitting a request. 

400.6 Initial request processing. 

400.7 Reasonable probability finding; 

notification. 

400.8 Modifications or redactions in future 

disclosure reports. 

400.9 Confidentiality. 

Authority: 52 U.S.C. 30102(i), 30101(8), 

30101(9), 30102(g) and (i), 30104, 

30111(a)(8), 30107(a)(8). 

§ 400.1 Scope. 

The regulations in this part provide 

procedures for processing requests to 

modify or redact a contributor’s mailing 

address, occupation, or employer name 

in reports or statements that have been 

filed with the Federal Election 

Commission (Commission) under 52 

U.S.C. 30104 and 30116(a)(8). 

§ 400.2 Computation of time. 

The time periods established by this 

part will be computed in accordance 

with 11 CFR 111.2. 

§ 400.3 Requests to modify or redact 

contributor’s mailing address, occupation, 

or employer name. 

A contributor may request that the 

Commission modify or redact their 

mailing address, occupation, or 

employer name from a report or 

statement that has been filed with the 

Commission. 

§ 400.4 Contents of the request. 

(a) A request to modify or redact a 

contributor’s mailing address, 

occupation, or employer name must 

comply with the following: 

(1) It must provide the full name, 

address, and telephone number of the 

requestor; 

(2) It must identify the information 

that the requestor seeks to modify or 

redact; 

(3) It must identify any published 

report(s) that contain the information 

the requestor is asking the Commission 

to modify or redact; and 

(4) The contents of the request must 

be sworn to and signed by the requestor 

and notarized. 

(b) A request to modify or redact a 

contributor’s mailing address, 

occupation, or employer name should 

conform to the following: 

(1) It should state with particularity 

the facts that establish that there is a 

reasonable probability that the 

disclosure of each piece of information 

the requestor seeks to modify or redact 

would subject the contributor to threats, 

harassments, or reprisals; 

(2) Statements within the request 

should be based upon the requestor’s 

personal knowledge; and 

(3) It should be accompanied by any 

records supporting the facts alleged if 

such records are known, and available 

to, the requestor. 


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(c) All statements made in a request 

are subject to the statutes governing 

perjury and to 18 U.S.C. 1001. 

§ 400.5 Procedure for submitting a 

request. 

A request must be submitted in 

writing, either by U.S. mail or the email 

address designated on the Commission’s 

website, addressed to the Office of the 

General Counsel. An authorized agent or 

parent or guardian of a contributor may 

submit a modification or redaction 

request, but the agent or parent or 

guardian must disclose the identity of 

their principal. 

§ 400.6 Initial request processing. 

(a) Upon receipt of a request, the 

Office of the General Counsel will, 

within five (5) business days, review the 

request for substantial compliance with 

the technical requirements of § 400.4(a). 

(b) If the request does not comply 

with the technical requirements of 

§ 400.4(a), the Office of the General 

Counsel will, within five (5) business 

days, notify the requestor that no action 

will be taken on the basis of the request 

and specify the deficiencies of the 

request. 

§ 400.7 Reasonable probability finding; 

notification. 

(a) If the Commission, after reviewing 

the request and any supporting 

documentation, determines by an 

affirmative vote of four (4) or more of its 

members that there is a reasonable 

probability that the relevant disclosure 

would subject the contributor to threats, 

harassments, or reprisals, the 

Commission may approve, in whole or 

in part, the modification or redaction of 

the requested information. 

(b) The Commission will, within five 

(5) business days of voting, notify the 

requestor of the Commission’s decision. 

(c) If the request is approved, the 

Commission will expeditiously effect 

any approved changes to the reports 

published by the Commission. 

(d) If changes are made to a disclosure 

report filed with the Commission, 

within five (5) business days after the 

changes are made, the Commission will 

notify the committee or person who 

filed the disclosure report that the 

report was modified pursuant to this 

part. 

§ 400.8 Modifications or redactions in 

future disclosure reports. 

If the Commission makes 

modifications or redactions to a 

disclosure report pursuant to a request 

from a contributor under this part, any 

individuals or entities who are required 

to identify the same contributor in 

reports or statements filed with the 

Commission may incorporate those 

modifications or redactions into any 

report or statement filed within the next 

two calendar years, or within any other 

period specified by the Commission in 

its decision approving the contributor’s 

request. 

§ 400.9 Confidentiality. 

(a) Except as provided in § 400.7(d), 

no request submitted to the 

Commission, nor any notification sent 

by the Commission, nor any findings 

made by the Commission, will be made 

public by the Commission without the 

written consent of the requestor. 

(b) Nothing in this part shall be 

construed to prevent the introduction of 

evidence in the courts of the United 

States which could properly be 

introduced pursuant to the Federal 

Rules of Evidence or Federal Rules of 

Civil Procedure. 

Dated: December 12, 2024. 

On behalf of the Commission. 

Sean J. Cooksey, 

Chairman, Federal Election Commission. 

[FR Doc. 2024–29989 Filed 12–18–24; 8:45 am] 

BILLING CODE P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 125 

RIN 3245–AI09 

Government Contracting: 

Subcontracting Program 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Small Business 

Administration (SBA) proposes to revise 

its Small Business Subcontracting 

Program regulations to encourage faster 

payments to small business 

subcontractors and streamline the 

reporting process for prime contracts. 

This proposed rule will require prime 

contractors notify contracting officers in 

writing when it fails to make full or 

timely payments to the subcontractor 

within 30 days past due; require prime 

contractors cooperate with contracting 

officers to correct/mitigate this failure 

until payment is made in full to the 

subcontractor; and allow contracting 

officers to modify a prime contractor’s 

past performance for failure to make full 

or timely payments. 

DATES: Comments must be received on 

or before February 18, 2025. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AI09, by any of 

the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov and follow 

the instructions for submitting 

comments. 

• Email: Kunmi Ageh, Procurement 

Policy Analyst (Attorney), Office of 

Policy Planning and Liaison, Small 

Business Administration, at 

Kunmi.Ageh@sba.gov. 

SBA will post all comments on 

https://www.regulations.gov. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking. All comments received will 

be posted on https://

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at https://www.regulations.gov, 

please submit the comments to Kunmi 

Ageh and highlight the information that 

you consider to be CBI and explain why 

you believe this information should be 

held confidential. 

FOR FURTHER INFORMATION CONTACT: 

Kunmi Ageh, Procurement Policy 

Analyst (Attorney), Office of Policy 

Planning and Liaison, Small Business 

Administration, at Kunmi.Ageh@

sba.gov, 202–374–8454. 

Electronic copies of this Federal 

Register are available at https://

www.regulations.gov. The docket is 

available at https://

www.regulations.gov, the Federal 

eRulemaking Portal. A ‘‘100-word 

summary’’ is also available on https://

www.regulations.gov. For additional 

information on submitting items to, or 

accessing items in, the docket, please 

refer to the ADDRESSES section of this 

NPRM. 

SUPPLEMENTARY INFORMATION: 

Background Information 

The SBA proposes to revise its Small 

Business Subcontracting Program 

regulations in 13 CFR 125.3 in response 

to changes made in section 862 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year 2024, Public 

Law 118–31. Section 862 made changes 

to section 8(d)(13) of the Small Business 

Act, 15 U.S.C. 637(d)(13)(B)(i), by 

amending the time in which a prime 

contractor must notify the contracting 

officer in writing if, upon completion of 

the responsibilities of the small business 

subcontractor, payment to the 

subcontractor is past due under the 

terms of the subcontract by 30 days. 

This means a prime contractor must 

notify a contracting officer in writing 

when it failed to make fully or timely 

payments to a subcontractor within 30 

days past the payment due date. Section 


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