[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR300.11]

[Page 243-244]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 300--NON-FEDERAL FUNDS--Table of Contents
 
                  Subpart A--National Party Committees
 
Sec. 300.11  Prohibitions on fundraising for and donating to certain tax-exempt organizations (2 U.S.C 441i(d)).

    (a) Prohibitions. A national committee of a political party, 
including a national congressional campaign committee, must not solicit 
any funds for, or make or direct any donations to the following 
organizations:
    (1) An organization that is described in 26 U.S.C. 501(c) and exempt 
from taxation under section 26 U.S.C. 501(a) and that makes expenditures 
or disbursements in connection with an election for Federal office, 
including expenditures or disbursements for Federal election activity;
    (2) An organization that has submitted an application for tax-exempt 
status under 26 U.S.C. 501(c) and that makes expenditures or 
disbursements in connection with an election for Federal office, 
including expenditures or disbursements for Federal election activity; 
or
    (3) An organization described in 26 U.S.C. 527, unless the 
organization is:
    (i) A political committee under 11 CFR 100.5;
    (ii) A State, district, or local committee of a political party; or
    (iii) The authorized campaign committee of a State or local 
candidate;
    (b) Application. This section also applies to:
    (1) An officer or agent acting on behalf of a national party 
committee, including a national congressional campaign committee;
    (2) An entity that is directly or indirectly established, financed, 
maintained, or controlled by a national party committee, including a 
national congressional campaign committee, or an officer or agent acting 
on behalf of such an entity; or
    (3) An entity that is directly or indirectly established, financed, 
maintained, or controlled by an agent of a national, State, district, or 
local committee of a political party, including a national congressional 
campaign committee.
    (c) Determining whether a section 501(c) organization makes 
expenditures or disbursements in connection with Federal elections. In 
determining whether a section 501(c) organization is one that makes 
expenditures or disbursements in connection with a Federal election, 
including expenditures or disbursements for Federal election activity, 
pursuant to paragraphs (a)(1) and (2) of this section, a national 
committee of a political party, including a national congressional 
campaign committee, or any other person described in paragraph (b) of 
this section, may obtain and rely upon a certification from the 
organization that satisfies the criteria described in paragraph (d) of 
this section.
    (d) Certification. A national committee of a political party, 
including a national congressional campaign committee, or any person 
described in paragraph (b) of this section, may rely upon a 
certification that meets all of the following criteria:
    (1) The certification is a signed written statement by an officer or 
other authorized representative of the organization with knowledge of 
the organization's activities;
    (2) The certification states that within the current election cycle, 
the organization has not made, and does not intend to make, expenditures 
or disbursements in connection with an election for Federal office 
(including for Federal election activity); and
    (3) The certification states that the organization does not intend 
to pay debts incurred from the making of expenditures or disbursements 
in connection with an election for Federal office (including for Federal 
election activity) in a prior election cycle.

[[Page 244]]

    (e) If a national committee of a political party or any person 
described in paragraph (b) of this section has actual knowledge that the 
certification is false, the certification may not be relied upon.
    (f) It is not prohibited for a national party or its agent to 
respond to a request for information about a tax-exempt group that 
shares the party's political or philosophical goals.