[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59679-59680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29679]


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FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 2001-17]


Technical Amendments to Election Cycle Reporting

AGENCY: Federal Election Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
regarding election cycle reporting by the authorized committees of 
candidates for Federal office, which were published in the Federal 
Register of Tuesday, July 11, 2000, (65 FR 42619). The corrections 
reinstate two paragraphs of 11 CFR 104.3(b)(4)(i) that were 
inadvertently omitted when the election cycle reporting regulations 
were published. The two omitted paragraphs contain instructions for 
authorized committees when reporting expenditures.

DATES: Effective on December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Rosemary C. Smith, Assistant 
General Counsel, or Cheryl Fowle, Attorney, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
superseded 11 CFR 104.3(b)(4)(i) as of January 1, 2001, and applied to 
authorized committees of Federal candidates. In those final 
regulations, paragraphs (A) and (B) of 11 CFR 104.3(b)(4)(i) were 
inadvertently deleted. Paragraph (A) defines ``purpose'' of 
disbursement as it is reported and states examples of

[[Page 59680]]

acceptable and unacceptable purpose descriptions to be reported by 
authorized committees. Paragraph (B) requires authorized committees, 
when itemizing certain disbursements for which reimbursements are 
required, to provide a brief explanation of the activity for which 
reimbursement is required. These provisions have been in Title 11 of 
the Code of Federal Regulations since 1980 and 1995, respectively, and 
were not affected by the recent statutory changes to the election cycle 
reporting requirements.

Need for Correction

    As published, the final rules inadvertently omit two paragraphs 
describing information to be reported by authorized committees of 
Federal candidates.
    All committees must report the purpose of itemized disbursements 
(i.e., those disbursements aggregating in excess of $200). Omitted 
paragraph (A) contains examples of suitably specific purpose 
descriptions as well as examples of those descriptions that are 
unacceptably vague. This paragraph is consistent with the reporting of 
rules for unauthorized committees (committees other than candidate 
committees) in 11 CFR 104.3(b)(3).
    Omitted paragraph (B) is used in administering the ``personal use'' 
rules in 11 CFR 113.1. Federal candidates are barred from using 
campaign funds for personal benefit. Paragraph (B) requires authorized 
committees of Federal candidates itemizing disbursements for which 
partial or total reimbursement is required under 11 CFR 
113.1(g)(1)(iii)(C) or (D) to provide a brief explanation of the 
activity for which the reimbursement is made.
    Section 801 of Title 5 of the United States Code requires Federal 
agencies to submit regulations to Congress. These regulations were 
submitted to the Speaker of the House of Representatives and the 
President of the Senate on November 26, 2001.

Certification of No Effect Pursuant to 5 U.S.C. Sec. 605(b) 
[Regulatory Flexibility Act]

    This correction will not have significant economic impact on a 
substantial number of small entities. The basis of this certification 
is that this correction only requires political committees to once 
again add information to the reports they are required to file. These 
regulations were in 11 CFR since 1980 and 1995, respectively, before 
being inadvertently omitted in 2000.

List of Subjects in 11 CFR Part 104

    Campaign funds, Political committees and parties, Reporting and 
recordkeeping requirements.

    Accordingly, 11 CFR part 104 is corrected by making the following 
correcting amendment:

PART 104--REPORTS BY POLITICAL COMMITTEES

    1. The authority citation for part 104 continues to read as 
follows:

    Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434, 
438(a)(8), 438(b), 439a.


Sec. 104.3  Contents of reports (2 U.S.C. 434(b), 439a).

* * * * *

    2. In Sec. 104.3 add the following paragraphs (b)(4)(i)(A) and (B):
    (b) * * *
    (4) * * *
    (i) * * *
    (A) As used in this paragraph, purpose means a brief statement or 
description of why the disbursement was made. Examples of statements or 
descriptions which meet the requirements of this paragraph include the 
following: dinner expenses, media, salary, polling, travel, party fees, 
phone banks, travel expenses, travel expense reimbursement, and 
catering costs. However, statements or descriptions such as advance, 
election day expenses, other expenses, expenses, expense reimbursement, 
miscellaneous, outside services, get-out-the-vote and voter 
registration would not meet the requirements of this paragraph for 
reporting the purpose of an expenditure.
    (B) In addition to reporting the purpose described in paragraph 
(b)(4)(i)(A) of this section, whenever an authorized committee itemizes 
a disbursement that is partially or entirely a personal use for which 
reimbursement is required under 11 CFR 113.1(g)(1)(ii)(C) or (D), it 
shall provide a brief explanation of the activity for which 
reimbursement is required.
* * * * *

    Dated: November 26, 2001.
Danny L. McDonald,
Chairman, Federal Election Commission.
[FR Doc. 01-29679 Filed 11-29-01; 8:45 am]
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