U.S. GOVERNMENT > The Three Branches > Legislative Branch > Bipartisan Campaign Reform Act of 2002 (BCRA)

BCRA Regulations

This page provides access to rulemaking documents, final rules and FEC publications involving the major subjects covered by BCRA -related regulations.

Links to Documents on this Page:

Proposed Regulations that are BCRA-Related
Final BCRA Regulations
Related Links

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Proposed Regulations that are BCRA-Related

None at this time

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Final BCRA Regulations:

RECORD Supplement on Recent Shays Rulemakings [PDF]
Summaries of all recently completed rulemakings implementing court rulings in Shays v. FEC

Exception for Grassroots Lobbying from Electioneering Communications

Notice of Disposition of Petition for Rulemaking [9/5/2006] [PDF; 2 pages]
Draft Interim Final Rules Considered at Commission Meeting of 8/29/06
- Agenda Document 06-53 (von Spakovsky Proposed Interim Final Rule) [PDF; 47 pages]
  - Statement of Commissioner von Spakovsky [PDF; 2 pages]
  - Comment by Campaign Legal Center (J. Gerald Hebert and Paul S. Ryan) and Democracy 21 (Fred Wertheimer and Donald J. Simon) [PDF; 12 pages]
  - Comment by Public Citizen [PDF; 15 pages]
  - Comment by Pete Duffy [PDF; 1 page]
- Agenda Document 06-57 (OGC Proposal and Draft Notice) [PDF; 7 pages]
Notice of Availability: Rulemaking Petition Re: Exception for Certain Grassroots Lobbying Communications From the Definition of Electioneering Communications
- Comments on Notice of Availability
- RECORD Summary
- Draft Notice of Availability considered at the Commission meetings of 3/9/06 and 3/13/06
  - Agenda Document 06-13 (OGC Draft) [PDF; 15 pages; Includes petition]
Original Petition for Rulemaking

Coordinated Communications

Final Rules and E&J (6/8/2006) [PDF; 22 pages]
- RECORD Summary of Final Rules
- Draft Final Rules Considered at Commission Meeting of 4/7/2006
  - Agenda Document 06-25 (Toner Amendments) [PDF; 8 pages]
  - Agenda Document 06-26 (Lenhard/Walther/Weintraub Draft Final Rules) [PDF; 10 pages]
  - Chart presented at 4/7/2006 Commission Meeting [PDF; 1 page]
  - Minutes of Commission Meeting 4/7/2006 [PDF; 10 pages]
Supplemental Notice of Proposed Rulemaking [3/15/06] [PDF; 1 page]
- Materials Related to Supplemental Notice of Proposed Rulemaking (Released: March 13, 2006)
- Comments Received on SNPRM
  - National Republican Senatorial Committee /William J. McGinley[PDF; 4 pages]
  - Center for Competitive Politics [PDF; 4 pages]
  - National Republican Congressional Committee /Donald F. McGahn [PDF; 3 pages]
  - Campaign Legal Center, Democracy 21 and Center for Responsive Politics/J.Gerald Hebert, Paul Ryan, Lawrence Noble, Fred Wertheimer and Donald Simon [PDF; 42 pages]
  - Democratic Senatorial Campaign Committee and Democratic Congressional Campaign Committee /Robert F. Bauer and Marc E. Elias [PDF; 3 pages]
  - Democratic National Committee/Joseph Sandler, Sandler and Reiff [PDF; 4 pages]
  - Internal Revenue Service [PDF; 2 pages]
  - Alliance for Justice/Beth Kingsley, Harmon Curran et al. [PDF; 3 pages]
  - Chamber of Commerce of the United States/Jan Witold Baran and Megan L. Brown, Wiley, Rein and Fielding [PDF; 5 pages]
Public Hearing, January 25-26, 2006
- RECORD Summary of Hearing
- Transcripts
  - January 26, 2006 Testimony [PDF; 310 pages]
  - January 25, 2006 Testimony [PDF; 294 pages]
- Hearing Schedule with Links to Comments by Witnesses
- Supplemental Comments Filed by Witnesses
  - Campaign Legal Center, Democracy 21 and Center for Responsive Politics
- Press Release
Notice of Proposed Rulemaking [12/14/2005] [PDF; 14 pages]
- Comments Received on NPRM
- RECORD Summary
- Downloadable Data Concerning Coordination Rulemaking
- Draft Notice of Proposed Rulemaking Considered at Commission Meeting of 12/8/05
  - Agenda Document #05-60 (OGC Draft) [PDF; 52 pages]
  - Agenda Document #05-60-A (Weintraub Amendment) [PDF; 2 pages]
  - Ex Parte Communications
    - Laurence Gold, Assoc. General Counsel, AFL-CIO
    - John G. Sullivan, Assoc. General Counsel, Service Employees International Union

The Internet: Definitions of "Public Communication" and "Generic Campaign Activity" and Disclaimers

Final Rules and E&J (4/12/2006) [PDF; 26 pages]
- RECORD Summary of Final Rules and E&J
- Draft Final Rules Considered at Commission Meeting of 3/27/06 (carried over from 3/23/06)
  - Agenda Document 06-20 (OGC Draft) [PDF; 96 pages]
  - Agenda Document 06-20-A (OGC Draft Amendments) [PDF; 13 pages]
  - Opening Statement by Chairman Toner [PDF; 2 pages]
  - Statement by Vice Chairman Lenhard and Commissioner Weintraub [PDF; 2 pages]
  - Statement by Commissioner von Spakovsky [PDF; 2 pages]
  - Statement by Commissioner Weintraub on Adoption of Final Rules [PDF; 2 pages]
Public Hearing (June 28-29, 2005)
- RECORD Summary of Hearing
- Supplemental Documents Submitted by Witnesses and Commissioners [PDF; 16 MB]
- Hearing Transcripts
  - June 28, 2005 [WORD]
  - June 29, 2005 [WORD]
- Schedule
- Opening Statement by Vice Chairman Toner [PDF; 3 pages]
- Opening Statement by Commissioner Weintraub [PDF; 3 pages]
Notice of Proposed Rulemaking [PDF; 13 pages] (4/4/2005)
- RECORD Summary
- Comments Received on NPRM
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 3/24/05
  - Agenda Document 05-16 (OGC Draft) [PDF; 48 pages]
  - Ex parte communication from Members of House Judiciary Committee [PDF; 3 pages]
  - Ex parte communication from U.S. Senator Harry Reid [PDF; 2 pages]
  - Ex parte communication from U.S. Senators John McCain and Russell Feingold and U.S. Representatives Christopher Shays and Martin Meehan [PDF; 2 pages]
  - Ex parte communication from Edward Nelson [PDF; 1 page]
  - Ex parte communication from Stan Bozarth [PDF; 1 page]
  - Ex parte communication from Ragan Buckley [PDF; 2 pages]
  - Ex parte communication from Kevin Trainor [PDF; 1 page]
  - Ex parte communication from Mike Reed [PDF; 4 pages]
  - Ex parte communication from Senator Patrick Leahy [PDF; 3 pages]
  - Ex parte communication from William R. Bunge [PDF; 1 page]
  - Ex parte communication from Georgia McAfee [PDF; 1 page]
  - Ex parte communication from Vicky Perry [PDF; 1 page]
  - Ex parte communication from Maria Kyde [PDF; 1 page]
  - Ex parte communication from Ragan Buckley [PDF; 2 pages]
  - Ex parte communication from Ragan Buckley [PDF; 2 pages]
  - Ex parte communication from Joan Knobel [PDF; 1 page]
  - Ex parte communication from Desiree Sullivan [PDF; 1 page]
  - Ex parte communication from English First [PDF; 4 pages]
  - Ex parte communication from Barbara Lewis [PDF; 2 pages]
  - Ex parte communication from Steve Dracos [PDF; 2 pages]
  - Ex parte communication from Steve Shubin [PDF; 2 pages]

Definitions of "Solicit" and "Direct"

Final Rules and E&J [3/20/2006] [PDF; 9 pages]
- RECORD Summary
- Draft Final Rules and E&J Considered at Commission Meeting of 2/23/2006
  - Agenda Document #06-08-A (Toner/Mason/von Spakovsky Proposal) [PDF; 8 pages]
  - Agenda Document #06-08-B (Lenhard/Weintraub/Walther Proposal) [PDF; 6 pages]
  - Statement by Commissioner von Spakovsky [PDF; 2 pages]
Public Hearing, November 15, 2005
- RECORD Summary
- Schedule of Witnesses
- Transcript [Word; 207 pages]
Notice of Proposed Rulemaking [PDF; 8 pages] [9/28/2005]
- RECORD Summary
- Comments Received on NPRM
  - AFL-CIO [PDF; 2 pages]
  - Robert F. Bauer, Perkins Coie LLP [PDF; 4 pages]
  - Campaign Legal Center, Democracy 21 and the Center for Responsive Politics [PDF; 21 pages]
  - Democratic Senatorial Campaign Committee, Nationanl Republican Senatorial Committee, Democratic Congressional Campaign Committee and National Republican Congressional Committee [PDF; 6 pages]
  - Exempt Organizations Branch, Internal Revenue Service [PDF; 1 page]
  - National Education Association [PDF; 1 page]
  - Joseph E. Sandler and Neil P. Reiff on behalf of the Democratic National Committee [PDF; 6 pages]
- Draft Notice of Proposed Rulemaking Considered at Commission Meeting of 9/22/05
  - Agenda Document #05-40 (OGC Draft) [PDF; 32 pages]

Definition of Federal Election Activity

Interim Final Rules and Explanation and Justification (Effective 3/24/2006) [3/22/06] [PDF; 4 pages]
- RECORD Summary of Interim Final Rules
- Draft Interim Final Rules on Definition of Federal Election Activity (11 CFR 100.24(a)(1)(iii)) Considered at Commission Meeting of 3/16/06
  - Agenda Document 06-16 (OGC Draft) [PDF; 18 pages]
  - Agenda Document 06-16-A (Walther Draft Amendments) [PDF; 3 pages]
Final Rules and Explanation and Justification (Effective 3/24/2006) [2/22/2006] [PDF; 7 pages]
- RECORD Summary of Final Rules
- Comment on Final Rules
- Draft Final Rules Considered at Commission Meeting of 2/9/2006
  - Agenda Document 06-05 (OGC Draft) [PDF; 28 pages]
  - Agenda Document 06-05-A (OGC Draft Interim Final Rule) [PDF; 3 pages]
Reopening of Comment Period [PDF; 1 page][8/30/2005]
- Additional Comments on NPRM Received:
  - Scott R. Falmlen [PDF; 5 pages]
  - Darryl Tattrie [PDF; 3 pages]
- RECORD Summary of Notice
Public Hearing, August 4, 2005
- RECORD Summary of Hearing
- Transcript [WORD (218 pages)] [PDF (246 pages)]
- Supplemental Documents Submitted by Commissioners and Witnesses [PDF; 95 pages]
- Schedule
Notice of Proposed Rulemaking [PDF; 5 pages][5/4/2005]
- RECORD Summary of NPRM
- Comments Received on NPRM:
  - Association of State Democratic Chairs [PDF; 9 pages]
  - California Democratic Party [PDF; 4 pages]
  - Campaign Legal Center, Democracy 21 and the Center for Responsive Politics [PDF; 19 pages]
  - Democratic Legislative Campaign Committee [PDF; 3 pages]
  - Senator John McCain, Senator Russell D. Feingold, Representative Christopher Shays and Representative Marty Meehan [PDF; 6 pages]
  - Republican National Committee [PDF; 3 pages]
  - Joseph Sandler and Neil Reiff [PDF; 6 pages]
  - Terry Thompson [PDF; 1 page]
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 4/28/05
  - Agenda Document 05-22 (OGC Draft) [PDF; 19 pages]

Definition of Agent for BCRA Regulations on Coordinated and Independent Expenditures and Non-Federal Funds or Soft Money

Revised Explanation and Justification [1/31/2006] [PDF; 6 pages]
- RECORD Summary of Revised E&J
- Draft E&J Considered at the Commission Meeting of 1/19/2006 (carried over to 1/23)
  - Agenda Document 06-3 (OGC Draft) [PDF; 25 pages]
  - Agenda Document 06-03-A (Toner/Lenhard Amendments) [PDF; 1 page]
  - Statement by Commissioner von Spakovsky [PDF; 2 pages]
Public Hearing (5/17/2005)
- RECORD Summary of Hearing
- Transcript of 5/17/2005 Hearing [PDF; 239 pages]
- Supplement to Testimony Submitted by Karl Sandstrom [PDF]
Notice of Proposed Rulemaking (NPRM) (2/2/05) [PDF; 4 pages]
- RECORD Summary
- Comments Received on NPRM:
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 1/27/05
  - Agenda Document 05-05 (OGC Draft) [PDF; 16 pages

Electioneering Communications 2005

Final Rules and E&J [12/21/2005] [PDF; 5 pages]
- RECORD Summary of Final Rules and E&J
- Draft Final Rules Considered at Commission Meeting of 12/15/05
  - Agenda Document #05-62 (OGC Draft) [PDF; 19 pages]
Public Hearing [10/20/2005]
- RECORD Summary
- Transcript [PDF; 192 pages]
- Supplemental Comments from Witnesses
  - Frances R. Hill, University of Miami School of Law [PDF; 5 pages]
  - Elizabeth Kingsley, Harmon, Curran, Spielberg & Eisenberg LLP [PDF; 4 pages]
  - Karl J. Sandstrom on behalf of OMB Watch [PDF; 7 pages]
- Federal Register Notice [10/19/2005]
- Schedule of Witnesses
- Press Release
Notice of Proposed Rulemaking [PDF; 8 pages] [8/24/2005]
- Comments Received on NPRM
- RECORD Summary of NPRM
- Draft Notice of Proposed Rulemaking Considered at Commission Meeting of August 18, 2005
  - Agenda Document #05-37 (OGC Draft) [PDF]
Rulemaking Petition: Notice of Availability [PDF]
- Comments received
- Summary of Petition, from the FEC Record, September 2004, page 4
- Draft Notice of Availabilty considered by Commission on August 19, 2004 [PDF]
- Minutes of Commission meeting of August 19, 2004 [PDF]

State Party Payment of Salaries and Wages

Final Rules and E&J [12/20/2005] [PDF; 7 pages]
- RECORD Summary
- Draft Final Rules Considered at Open Meeting of 12/1/05
  - Agenda Document 05-57 (OGC Draft) [PDF; 28 pages]
  - Agenda Document #05-57-A (Toner/Weintraub Amendments) [PDF; 1 page]
Reopening of Comment Period [PDF; 2 pages][8/30/2005]
- Additional Comments Received on NPRM:
  - Los Angeles County Democratic Party [PDF; 3 pages]
  - Scott R. Falmlen [PDF; 3 pages]
  - Raymond J. La Raja [PDF; 11 pages]
  - Oakland County Democratic Party [PDF; 2 pages]
  - Darryl Tattrie [PDF; 3 pages]
- RECORD Summary of Notice
Public Hearing, August 4, 2005
- RECORD Summary of Hearing
- Transcript [WORD (218 pages)] [PDF (246 pages)]
- Supplemental Documents Submitted by Commissioners and Witnesses [PDF; 95 pages]
- Schedule
Notice of Proposed Rulemaking [PDF; 4 pages][5/4/2005]
- RECORD Summary of NPRM
- Comments Received on NPRM:
  - Association of State Democratic Chairs [PDF; 9 pages]
  - California Democratic Party [PDF; 4 pages]
  - Campaign Legal Center and the Center for Responsive Politics [PDF; 10 pages]
  - Republican National Committee [PDF; 2 pages]
  - Joseph Sandler and Neil Reiff [PDF; 8 pages]
  - Lisa Tolk [PDF; 2 pages]
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 4/28/05
  - Agenda Document 05-21 (OGC Draft) [PDF; 14 pages]
  - Agenda Document 05-21-A (Amendment to OGC Draft) [PDF; 2 pages]

Elimination of De Minimis Exception for the Disbursement of Levin Funds by State, District and Local Party Committees

Final Rules and Explanation & Justification [PDF; 3 pages] [11/17/05]
- RECORD Summary
- Draft Final Rules and E&J Considered at Open Meeting of 11/10/05
  - Agenda Document #05-51 (OGC Draft) [PDF; 10 pages]
Notice of Proposed Rulemaking (NPRM) (2/2/05) [PDF; 3 pages]
- RECORD Summary of NPRM
- Comments Received on NPRM:
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 1/27/05
  - Agenda Document 05-04 (OGC Draft) [PDF; 11 pages]

Candidate Solicitation at State, District and Local Party Fundraising Events

Revised Explanation and Justification for Final Rules at 11 CFR 300.64 [6/30/05][PDF]
- RECORD Summary of Revised E&J
- Draft Explanation and Justification for Final Rules Considered at Open Meeting of 6/23/05
  - Agenda Document 05-31 (OGC Draft) [PDF; 24 pages]
Public Hearing (5/17/2005)
- RECORD Summary of Hearing
- Transcript of 5/17/2005 Hearing [PDF; 239 pages]
Notice of Proposed Rulemaking (NPRM) (2/24/05) [PDF; 4 pages]
- RECORD Summary of NPRM
- Draft Notice of Proposed Rulemaking Considered at Open Meeting of 2/14/05
  - Agenda Document 05-09 (OGC Draft) [PDF; 14 pages]
- Comments Received on NPRM:

Political Party Committees Donating Funds to Certain Tax-Exempt Organizations and Political Committees

Final Rules and E&J (3/16/2005) [PDF; 4 pages]
- RECORD Summary of final rules
- Draft Final Rules Considered at Open Meeting [3/10/2005]
  - Agenda Document 05-12 (OGC Draft) [PDF; 15 pages]
- Notice of Proposed Rulemaking (NPRM) (12/9/04) [PDF; 3 pages]
  - Comment on NPRM from Center for Responsive Politics, Democracy 21 and the Campaign Legal Center [PDF; 6 pages]
  - Comment on NPRM from Sandler, Reiff and Young [PDF; 4 pages]
  - Summary of NPRM, from the FEC Record, January 2005, page 7 [PDF]
  - Draft Notice of Proposed Rulemaking Considered at Open Meeting [12/02/2004]
    - Agenda Document 04-108 (OGC Draft) [PDF; 11 pages]

Contributions by Minors

Final Rules [2/3/2005] [PDF; 4 pages]
- Summary of Final Rules, from the FEC Record, March 2005, page 3
- Draft Final Rules Considered at Open Meeting of 1/27/2005
  - Agenda Document 05-06 (OGC Draft) [PDF]
Notice of Proposed Rulemaking (NPRM) (4/9/04) [PDF]
- Comments received on NPRM
- Summary of NPRM, from the FEC Record, May 2004, page 3
- Draft NPRM considered by Commission on April 1, 2004
- Minutes of Commission meeting of April 1, 2004 [PDF]

Technical Amendments to BCRA Regulations (2004)

Final Rules and Explanation and Justification [11/24/04][PDF; 2 pages]
- Summary of Final Rules, from the FEC Record, January 2005, page 6 [PDF]
Draft Final Rules and Explanation and Justification
- Agenda Document 04-104 (OGC Draft) considered by Commission on November 18, 2004 [PDF]