Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 5565

1Before BCRA, the Commission’s regulations had 

addressed only contributions, not donations, by 

Minors. A contribution includes a gift, subscription, 

loan, advance, or deposit of money or anything of 

value by any person for the purpose of influencing 

any election for Federal office. See, e.g., 11 CFR 

100.52(a). A donation is a payment, gift, 

subscription, loan, advance, deposit or anything of 

value given to a person, other than a contribution. 

See, e.g., 11 CFR 300.2(e).

2The Commission received written comments 

from The National Youth Rights Association and 

from the Oakland County (Michigan) Democratic 

Party.

under §§ 5501.104(b) or 5501.110(e) or 

permitted under paragraphs (d)(i) 

through (d)(iii) of § 5501.110 of this 

chapter. 

(3) Public filer means an employee 

who meets the criteria in 5 CFR 

2634.202 and who has not been 

excluded from the requirement of filing 

a public financial disclosure report 

under the procedures in 5 CFR 

2634.203. 

(4) Remainder of HHS has the 

meaning set forth in § 5501.102(b)(2) of 

this chapter. 

(5) Separate agency component has 

the meaning set forth in § 5501.102(a) of 

this chapter. 

(c) Report of prohibited financial 

interests.—(1) New entrant employees.

A new entrant employee, other than a 

public filer or a confidential filer, shall 

report in writing within 30 days after 

entering on duty with the FDA or the 

NIH any prohibited financial interest 

held upon commencement of 

employment with the agency. 

(2) Reassigned employees. An 

employee of a separate agency 

component, other than the FDA or the 

NIH, or of the remainder of HHS who 

is reassigned to a position at the FDA or 

the NIH shall report in writing within 

30 days of entering on duty with the 

FDA or the NIH any prohibited financial 

interest held on the effective date of the 

reassignment to the agency. 

(3) Incumbent employees. An 

incumbent employee of the FDA or the 

NIH who acquires any prohibited 

financial interest shall report such 

interest in writing within 30 days after 

acquiring the financial interest. An 

employee on duty at the NIH who is 

subject to § 5501.110(c) of this chapter 

as of February 3, 2005, the effective date 

of this rule, shall report in writing 

within 60 days after the effective date 

any prohibited financial interest held on 

the effective date.

[FR Doc. 05–2029 Filed 2–1–05; 2:00 pm] 

BILLING CODE 4150–03–P

FEDERAL ELECTION COMMISSION

11 CFR Part 110 

[Notice 2005–4] 

Contributions and Donations by 

Minors

AGENCY: Federal Election Commission.

ACTION: Final rules and transmittal of 

rules to Congress. 

SUMMARY: The Federal Election 

Commission is amending its rules 

regarding contributions and donations 

by individuals aged 17 years or younger 

(‘‘Minors’’). These final rules conform to 

the decision of the United States 

Supreme Court in McConnell v. Federal 

Election Commission. In McConnell, the 

Supreme Court held unconstitutional 

section 318 of the Bipartisan Campaign 

Reform Act of 2002, which prohibited 

Minors from contributing to candidates 

and from contributing or donating to 

political party committees. Accordingly, 

this final rule amends the Commission’s 

regulations to reflect the Supreme 

Court’s decision by removing the 

regulatory prohibitions on contributions 

by Minors to candidates, and on 

contributions and donations by Minors 

to political party committees. 

Additional information appears in the 

SUPPLEMENTARY INFORMATION section.

DATES: Effective Date: The effective date 

for the revisions to 11 CFR part 110 is 

March 7, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. 

Brad C. Deutsch, Assistant General 

Counsel, or Ms. Amy L. Rothstein, 

Attorney, 999 E Street NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530.

SUPPLEMENTARY INFORMATION: Section 

318 of the Bipartisan Campaign Reform 

Act of 2002, Pub. L. 107–155, 116 Stat. 

81 (Mar. 27, 2002) (‘‘BCRA’’), amended 

the Federal Election Campaign Act of 

1971, as amended, 2 U.S.C. 431 et seq.

(the ‘‘Act’’), to prohibit individuals aged 

17 years or younger (‘‘Minors’’) from 

contributing to candidates, and from 

contributing or donating to political 

party committees.1 See 2 U.S.C. 

441k. The Commission promulgated 

regulations to implement the new 

statutory prohibitions in late 2002. See

Final Rules and Transmittal of 

Regulations to Congress, 67 FR 69928 

(Nov. 19, 2002). The 2002 rules 

amended the regulations governing 

contributions by Minors previously 

found at 11 CFR 110.1 and redesignated 

the regulations as 11 CFR 110.19. The 

2002 rules also made conforming 

amendments to 11 CFR 110.1, regarding 

contributions by persons other than 

multi-candidate political committees, 

and 11 CFR 110.5, regarding aggregate 

bi-annual contribution limits for 

individuals, to exclude from their scope 

contributions by Minors prohibited 

under new 11 CFR 110.19. See 11 CFR 

110.1(a) and 11 CFR 110.5(a) (2002).

The United States Supreme Court 

held BCRA section 318 to be 

unconstitutional in McConnell v. 

Federal Election Commission, 540 U.S. 

93 (2003) (‘‘McConnell’’). Accordingly, 

the Commission is amending its 

regulations at 11 CFR 110.19 to reflect 

the Supreme Court’s decision by 

removing the prohibitions on 

contributions by Minors to candidates, 

and on contributions and donations by 

Minors to political party committees. 

This rulemaking also makes conforming 

amendments to 11 CFR 110.1, regarding 

contributions by persons other than 

multi-candidate political committees, 

and 11 CFR 110.5, regarding aggregate 

bi-annual contribution limits for 

individuals, to reflect that these 

regulations apply to contributions made 

by Minors. 

The practical effect of these changes 

is to return the substance of the 

regulations to its pre-BCRA state, with 

a single exception. The Commission has 

amended the requirement that a Minor 

exclusively own or control the funds, 

goods, or services contributed. Further 

information appears in the Explanation 

and Justification, below. 

These final rules are based on 

proposed rules that the Commission 

published for comment in the Federal 

Register in April 2004. See Notice of 

Proposed Rulemaking, 69 FR 18841 

(Apr. 9, 2004) (‘‘NPRM’’). The comment 

period closed on May 10, 2004. The 

Commission received two comments in 

response to the NPRM.2

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 follow were 

transmitted to Congress on January 28, 

2005. 

Explanation and Justification 

11 CFR 110.1—Contributions by Persons 

Other Than Multicandidate Political 

Committees (2 U.S.C. 441a(a)(1)) 

This rulemaking amends 11 CFR 

110.1(a) by deleting the reference to 11 

CFR 110.19. Section 110.1 concerns 

contributions to candidates and political 

party committees by persons other than 

multi-candidate political committees. 

5566 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 

3Consistent with the nomenclature of the preBCRA rule governing contributions by Minors, the 

Commission is substituting the term ‘‘the Minor’’—

defined as an individual who is 17 years old or 

younger—for ‘‘that individual’’ in the revised 11 

CFR 110.19. Because the substitution occurs 

throughout the revised rule and is for the 

convenience of the reader, rather than substantive, 

this Explanation and Justification does not identify 

it separately each time it appears.

After BCRA section 318 prohibited 

Minors from making contributions to 

candidates and political committees, the 

Commission amended 11 CFR 110.1(a) 

to exclude individuals prohibited from 

making contributions under 11 CFR 

110.19 (i.e., Minors). See 11 CFR 

110.1(a) (2002). 

The Commission is returning 11 CFR 

110.1(a) to its pre-BCRA state because 

the statutory prohibition on 

contributions by Minors no longer 

exists. As revised, contributions by 

Minors are once again subject to the 

provisions of 11 CFR 110.1. 

11 CFR 110.5—Aggregate Biennial 

Contributions Limitation for Individuals 

(2 U.S.C. 441a(a)(3)) 

This rulemaking amends 11 CFR 

110.5(a) by deleting the reference to 11 

CFR 110.19. Section 110.5 sets out 

aggregate biennial contribution limits 

for individuals. After BCRA section 318 

prohibited Minors from making 

contributions to candidates and political 

committees, the Commission amended 

11 CFR 110.5(a) to exclude individuals 

prohibited from making contributions 

under 11 CFR 110.19 (i.e., Minors). See

11 CFR 110.5(a) (2002).

The Commission is returning 11 CFR 

110.5(a) to its pre-BCRA state, because 

the statutory prohibition on 

contributions by Minors no longer 

exists. As revised, contributions by 

Minors are once again subject to the 

aggregate biennial limitations of 11 CFR 

110.5. 

11 CFR 110.19—Contributions by 

Minors 

1. Deleted Paragraphs 

Consistent with McConnell, § 110.19 

is being revised by deleting the 

following paragraphs found in the 

former rule: Paragraph (a), which 

prohibited Minors from contributing to 

Federal candidates; paragraph (b), 

which prohibited Minors from 

contributing or donating to political 

party committees; and paragraph (c)(4), 

which prohibited Minors from making 

certain earmarked contributions. The 

following provisions in former 11 CFR 

110.19 are also being deleted because 

they are no longer necessary: Paragraph 

(d), which specified that Minors may 

provide volunteer services to Federal 

candidates and political committees and 

paragraph (e), which defined the phrase 

‘‘directly or indirectly establish, finance, 

maintain, or control.’’

2. Redesignated and Revised Paragraphs 

The Supreme Court’s decision in 

McConnell invalidated BCRA’s 

prohibition on donations by Minors. 

Accordingly, the Commission is revising 

the heading of 11 CFR 110.19 by 

deleting the reference to donations by 

Minors. 

Although it no longer regulates 

donations by Minors, revised 11 CFR 

110.19 continues to regulate 

contributions by Minors. Specifically, 

revised 11 CFR 110.19 permits Minors 

to contribute to Federal candidates and 

political committees in an amount that 

does not exceed the contribution limits 

that apply to individuals generally, so 

long as three conditions are met. These 

conditions are virtually identical to 

those currently in 11 CFR 110.19(c)(1) 

through (c)(3), which themselves were 

taken from the Commission’s pre-BCRA 

rule governing contributions by 

Minors.3 See 11 CFR 110.1(i) 

(2001).

Accordingly, the Commission is 

redesignating former 11 CFR 110.19(c) 

as revised 11 CFR 110.19. It is 

redesignating former paragraph (c)(1) as 

revised 11 CFR 110.19(a); revising and 

redesignating former paragraph (c)(2) as 

revised 11 CFR 110.19(b); and 

redesignating former paragraph (c)(3) as 

revised 11 CFR 110.19(c). As 

redesignated, the conditions in revised 

11 CFR 110.19 will apply to all 

contributions by Minors. 

The Commission’s regulations have 

imposed special conditions on 

contributions by Minors since 1977. See

11 CFR 110.1(i)(2) (1977). Historically, 

the regulations permitted Minors to 

contribute to any candidate or political 

committee, including political party 

committees, within the limits that 

applied to contributions by individuals 

generally, so long as (1) the Minor made 

the decision to contribute knowingly 

and voluntarily; (2) the Minor had 

exclusive ownership or control of the 

funds, goods or services contributed; 

and (3) the contribution was not made 

from the proceeds of a gift, the purpose 

of which was to provide funds to be 

contributed, and was not controlled in 

any other way by another individual. 

The purpose of the conditions was ‘‘to 

assure that minors are not conduits for 

contributions which should be 

attributed to others, e.g. parents, 

guardians or other adults.’’ Advisory 

Opinion 1983–13.

Revised 11 CFR 110.19(a)—Knowing 

and Voluntary 

Revised paragraph (a) of 11 CFR 

110.19 requires the decision to 

contribute to a Federal candidate or 

political committee to be made 

knowingly and voluntarily by the 

Minor. This condition is identical to the 

proposed rule in the NPRM and former 

11 CFR 110.19(c)(1). 

Consistent with the Supreme Court’s 

decision in McConnell that Congress 

could not establish 18 years as the 

minimum age for making contributions 

and donations, in the NPRM the 

Commission invited comments on 

whether there was any age below which 

it should prohibit individuals from 

making contributions, ‘‘recognizing that 

those individuals lack the capacity to 

manage their finances and dispose of 

property and therefore could not 

knowingly and voluntarily contribute 

on their own behalf.’’ 69 FR at 18842. 

Both of the commenters strongly 

recommended against establishing a 

minimum age for making contributions, 

unless the Commission were to establish 

an extremely low minimum age. 

The Commission has decided not to 

establish a minimum age for the making 

of contributions. In rejecting BCRA’s 

minimum age of 18 years in McConnell, 

the Supreme Court confirmed that 

Minors ‘‘enjoy the protection of the First 

Amendment,’’ which includes the right 

to make political contributions. 

McConnell, 540 U.S. at 231. While there 

may be a lower minimum age that the 

Supreme Court would uphold, an 

inflexible rule would run the risk of not 

being able to accommodate cases 

involving Minors below that age who 

desire to exercise their First 

Amendment rights. 

In the NPRM, the Commission also 

invited comments on whether it should 

establish a rebuttable presumption that 

individuals below a certain age cannot 

‘‘knowingly and voluntarily’’ decide to 

make a contribution, or whether it 

should combine a categorical 

prohibition with a rebuttable 

presumption similar to the approach 

adopted by some jurisdictions with 

regard to the tort liability of children. 

One commenter rejected the analogy to 

tort law, arguing that the age at which 

a child should be held responsible for 

negligence is not a valid indicator of 

when a child can make a knowing 

decision to give away money. The other 

commenter embraced the analogy to tort 

law and recommended that the 

Commission establish a three-tiered 

approach, with any child below seven 

years of age rebuttably presumed not to 

have knowingly and voluntarily decided 

Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 5567

4The Commission has long permitted adults to 

make contributions from joint accounts. See 11 CFR 

110.1(k).

to make a contribution; any child 

between seven and 14 years of age 

rebuttably presumed to have knowingly 

and voluntarily decided to make a 

contribution; and any child above the 

age of 14 years being treated as an adult. 

The Commission considers the 

approach advocated by the commenter 

to be unnecessarily complicated and 

unwieldy. It also concludes that a 

rebuttable presumption is not a 

sufficiently flexible means of ensuring 

that contributions by others are not 

made in the names of Minors. 

Accordingly, the Commission has 

decided not to adopt any presumptions 

in the revised rule. 

In light of the fact that the 

Commission is returning the ‘‘knowing 

and voluntary’’ standard in revised 11 

CFR 110.19(a) to its pre-BCRA state, the 

Commission takes this opportunity to 

provide general guidance on the types of 

factors that it has considered in past 

enforcement actions to determine 

whether a Minor made a contribution 

‘‘knowingly and voluntarily.’’ The 

Commission emphasizes, however, that 

it determines the outcome of each 

enforcement action involving 

contributions by Minors in light of all 

relevant and available facts. In any 

given case, the Commission may 

consider factors in addition to those 

listed here, and need not consider all of 

the factors listed. 

One factor that the Commission 

typically considers is the age of the 

Minor at the time the contribution was 

made. See, e.g., MUR 4252, MUR 4254 

and MUR 4255. The younger the Minor, 

the closer the Commission will 

scrutinize the contribution to determine 

whether the Minor knowingly and 

voluntarily decided to provide 

something of value ‘‘for the purpose of 

influencing’’ a federal election. 2 U.S.C. 

431(8)(A)(i); 11 CFR 100.52 (a 

contribution is ‘‘a gift, subscription, 

loan * * * advance, or deposit of 

money or anything of value made by 

any person for the purpose of 

influencing any election for Federal 

office’’). 

The Commission has also considered 

whether the value of the Minor’s 

contribution, if attributed to an adult 

member of the Minor’s immediate 

family (such as a parent, legal guardian, 

or sibling), would cause that family 

member to exceed the contribution 

limitations of the Act and Commission 

regulations. See, e.g., MUR 4255. A 

contribution that would not put any 

adult family member over the legal limit 

is less likely to be a disguised 

contribution by an adult family member. 

Another potential consideration is 

whether the Minor has a history of 

making routine financial decisions. 

Minors with a history of making routine 

decisions about their personal finances, 

such as how to earn money, how to 

manage and invest their money, and 

how to spend their money, may be more 

likely to make a knowing and voluntary 

decision to spend their money on 

political contributions than Minors 

without such a history.

Other potentially relevant factors 

include the Minor’s history of donating 

funds and the source of the funds 

contributed. A Minor with a history of 

donating funds to social, political, or 

cultural groups or causes may be more 

likely to make a knowing and voluntary 

decision to contribute than would a 

Minor whose giving pattern does not 

demonstrate a personal and substantial 

interest in social, political or cultural 

issues. By the same token, a Minor who 

makes a contribution from funds that 

the Minor earned through, for example, 

an after-school job, may have a greater 

personal interest in how those funds are 

spent, and thus be more likely to make 

a knowing and voluntary decision to 

contribute, than would a Minor who 

makes a contribution from passive 

income that the Minor received from, 

for example, a family trust. 

Revised 11 CFR 110.19(b)—Ownership 

or Control of the Funds Contributed 

Revised paragraph (b) of 11 CFR 

110.19 requires the funds, goods or 

services contributed to be owned or 

controlled by the Minor. As examples of 

the types of funds that could meet the 

requirement, the regulation lists income 

earned by the Minor, the proceeds from 

a trust for which the Minor is the 

beneficiary, or funds withdrawn by the 

Minor from a financial account opened 

and maintained in the Minor’s name. 

Revised paragraph (b) is the same as 

the proposed rule in the NPRM and 

former 11 CFR 110.19(c)(2), with two 

exceptions. The first exception concerns 

the requirement in the proposed rule 

and former 11 CFR 110.19(c)(2) that the 

funds, goods or services contributed be 

owed or controlled ‘‘exclusively’’ by the 

Minor. NPRM, 69 FR at 18842; 11 CFR 

110.19(c)(2) (2004). The revised rule 

continues to require a Minor to own or 

control the funds, goods or services 

contributed, but it no longer requires the 

Minor to exercise exclusive ownership 

or control. 

In the NPRM, the Commission invited 

comments on whether the exclusivity 

requirement in former 11 CFR 

110.19(c)(2) was permissible in light of 

the Supreme Court’s decision in 

McConnell. The Commission asked 

whether it should maintain the 

exclusivity requirement, ‘‘considering 

that in many jurisdictions a minor may 

not be able, for example, to open a bank 

account without a parent’s or guardian’s 

signature or manage an investment 

account without adult direction[.]’’

NPRM, 69 FR at 18842. 

The commenters opined that the 

exclusivity requirement was not 

narrowly tailored, and that it created a 

potential conflict with state laws 

governing a Minor’s ability to control 

assets without parental consent. One 

commenter suggested that the 

Commission remove the word 

‘‘exclusively’’ from the regulation. The 

other commenter suggested that the 

Commission amend the regulation to 

focus on whether a Minor has unlimited 

control over or access to the funds 

contributed, by prohibiting 

contributions from accounts over which 

the Minor has no control, such as 

accounts established under the Uniform 

Gifts to Minors Act and the Uniform 

Transfers to Minors Act, and by 

permitting contributions from accounts 

to which the Minor has complete access 

through checks issued in only the 

Minor’s name or an ATM card issued to 

the Minor, even if a parent or legal 

guardian co-signed for the account. 

The Commission is deleting the 

requirement that the ownership or 

control that a Minor must exercise over 

the funds, goods or services contributed 

be exclusive. The Supreme Court 

reaffirmed in McConnell that Minors 

have a constitutional right to make 

contributions to Federal candidates and 

political committees. Retaining the 

exclusivity requirement in 11 CFR 

110.19 would run the risk of effectively 

precluding some Minors from making 

contributions from their personal 

financial accounts for no other reason 

than because the Minor maintains an 

account in a jurisdiction or in a 

financial institution that requires an 

adult co-signatory on such accounts. 

The exclusivity requirement could also 

disadvantage some Minors vis-a`-vis 

their similarly situated peers merely on 

the basis of where the Minors happen to 

bank. That is not the Commission’s 

intention. 

Removing the exclusivity requirement 

will help to focus future inquiries on the 

substance of a Minor’s contribution, 

rather than on the form of a Minor’s 

bank account.4 The Commission does 

not intend, however, for removal of the 

exclusivity requirement to signal a 

loosening of the standards for conduit 

contributions through Minors. To the 

contrary, conduit contributions through 

5568 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 

Minors remain a serious violation of 

both the Act and the Commission’s 

regulations, which continue to prohibit 

contributions in the name of another. 

See 2 U.S.C. 441f; 11 CFR 110.4(b). 

Furthermore, revised 11 CFR 110.19(b) 

continues to require a Minor to own or 

control the funds, goods or services 

contributed, even if the Minor no longer 

need exercise exclusive ownership or 

control.

In addition, the remaining criteria in 

11 CFR 110.19 have not changed. A 

contribution by a Minor continues to be 

permissible only if ‘‘the decision to 

contribute is made knowingly and 

voluntarily by the Minor,’’ and ‘‘the 

contribution is not made from the 

proceeds of a gift, the purpose of which 

was to provide funds to be contributed, 

or is not in any other way controlled by 

another individual.’’

The second way in which revised 11 

CFR 110.19(b) differs from the proposed 

rule in the NPRM and former 11 CFR 

110.19(c)(2) is in one of the examples. 

The proposed rule and former 11 CFR 

110.19(c)(2) listed ‘‘a savings account 

opened and maintained exclusively in 

the Minor’s name’’ as an example of the 

types of funds that could qualify under 

former 11 CFR 110.19(c)(2). 11 CFR 

110.19(c)(2) (2004). 

The Commission is making three 

changes to this example in revised 11 

CFR 110.19(b), for purposes of 

conformity and clarification. First, the 

Commission is deleting the word 

‘‘exclusively’’ from the example, in 

conformity with the change to the text 

of 11 CFR 110.19(b), as discussed above. 

Second, the Commission is inserting the 

words ‘‘funds withdrawn by the Minor 

from’’ before ‘‘a savings account’’ in the 

example. As originally worded, the 

example seemed to require a Minor to 

contribute his or her entire account, 

which was not the Commission’s intent. 

Third, the Commission is substituting 

the term ‘‘financial account’’ for 

‘‘savings account’’ in the example, in 

recognition of the different kinds of 

accounts that a Minor might maintain 

today with banks, credit unions, 

brokerage firms, and similar 

institutions. 

Revised 11 CFR 110.19(c)—Gift 

Proceeds 

Revised paragraph (c) in 11 CFR 

110.19 provides that a permissible 

contribution ‘‘is not made from the 

proceeds of a gift, the purpose of which 

was to provide funds to be contributed, 

or is not in any other way controlled by 

another individual.’’ This requirement 

is identical to the proposed rule in the 

NPRM and former 11 CFR 110.19(c)(3). 

Certification of No Effect Pursuant to 5 

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

Act) 

The Commission certifies that the 

attached rules will not have a significant 

economic impact on a substantial 

number of small entities. The basis of 

this certification is that these rules 

apply only to individuals 17 years of age 

or younger. Such individuals are not 

small entities under 5 U.S.C. 601. 

Moreover, these rules remove existing 

restrictions in accordance with 

controlling Supreme Court precedent 

and do not impose any additional costs 

on contributors, candidates, or political 

committees.

List of Subjects in 11 CFR Part 110 

Campaign funds, Political committees 

and parties.

■ For the reasons set forth in the 

preamble, the Federal Election 

Commission is amending subchapter A 

of Chapter 1 of Title 11 of the Code of 

Federal Regulations as follows:

PART 110—CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS

■ 1. Revise the authority citation for part 

110 to read as follows:

Authority: 2 U.S.C. 431(8), 431(9), 

432(c)(2), 437d, 438(a)(8), 441a, 441b, 441d, 

441e, 441f, 441g, 441h and 36 U.S.C. 510.

■ 2. Amend § 110.1 by revising 

paragraph (a) to read as follows:

§ 110.1 Contributions by persons other 

than multicandidate political committees (2 

U.S.C. 441a(a)(1)). 

(a) Scope. This section applies to all 

contributions made by any person as 

defined in 11 CFR 110.10, except 

multicandidate political committees as 

defined in 11 CFR 100.5(e)(3) or entities 

and individuals prohibited from making 

contributions under 11 CFR 110.20 and 

11 CFR parts 114 and 115.

* * * * *

■ 3. Amend § 110.5 by revising 

paragraph (a) to read as follows:

§ 110.5 Aggregate biennial contribution 

limitation for individuals (2 U.S.C. 

441a(a)(3)). 

(a) Scope. This section applies to all 

contributions made by any individual, 

except individuals prohibited from 

making contributions under 11 CFR 

110.20 and 11 CFR part 115.

* * * * *

■ 4. Revise § 110.19 to read as follows:

§ 110.19 Contributions by minors. 

An individual who is 17 years old or 

younger (a Minor) may make 

contributions to any candidate or 

political committee that in the aggregate 

do not exceed the limitations on 

contributions of 11 CFR 110.1 and 

110.5, if—

(a) The decision to contribute is made 

knowingly and voluntarily by the 

Minor; 

(b) The funds, goods, or services 

contributed are owned or controlled by 

the Minor, such as income earned by the 

Minor, the proceeds of a trust for which 

the Minor is the beneficiary, or funds 

withdrawn by the Minor from a 

financial account opened and 

maintained in the Minor’s name; and 

(c) The contribution is not made from 

the proceeds of a gift, the purpose of 

which was to provide funds to be 

contributed, or is not in any other way 

controlled by another individual.

Dated: January 28, 2005. 

Scott E. Thomas, 

Chairman, Federal Election Commission.

[FR Doc. 05–2003 Filed 2–2–05; 8:45 am] 

BILLING CODE 6715–01–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 125 

RIN 3245–AF12 

Small Business Government 

Contracting Programs; Subcontracting

AGENCY: U.S. Small Business 

Administration.

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The U.S. Small Business 

Administration (SBA or Agency) delays 

the effective date of the final rule 

published in the Federal Register on 

December 20, 2004, which generally 

relates to evaluation of prime 

contractor’s performance and authorized 

factors in source selection when placing 

orders against Federal Supply 

Schedules, government-wide 

acquisition contracts, and multi-agency 

contracts, as corrected by the document 

published in the Federal Register on 

January 10, 2005, until March 14, 2005.

DATES: The final rule published on 

December 20, 2004 (69 FR 75820) has 

been classified as a major rule subject to 

congressional review. The effective date, 

which was corrected from December 20, 

2004, to February 18, 2005 on January 

10, 2005 (70 FR 1655), is further delayed 

to March 14, 2005 (60 days after the date 

on which Congress received the rule). 

However, at the conclusion of 

congressional review, if the effective 

date has been changed, SBA will 

publish a document in the Federal