[Federal Register Volume 67, Number 25 (Wednesday, February 6, 2002)]
[Rules and Regulations]
[Pages 5445-5446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2858]


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FEDERAL ELECTION COMMISSION

11 CFR Part 106

[Notice 2002-1]


Interpretation of Allocation of Candidate Travel Expenses

AGENCY: Federal Election Commission.

ACTION: Interpretation.

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SUMMARY: This notice expresses the view of the Commission that the 
travel allocation and reporting requirements of 11 CFR 106.3(b) are not 
applicable to the extent that a candidate pays for certain travel 
expenses using funds authorized and appropriated by the Federal 
Government.

DATES: February 6, 2002.

FOR FURTHER INFORMATION CONTACT: Tina H. VanBrakle, Director, 
Congressional Affairs 999 E Street, NW., Washington, DC 20463, (202) 
694-1006 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: Contributions and expenditures made for the 
purpose of influencing Federal elections are subject to various 
prohibitions and limitations under the Federal Election Campaign Act, 2 
U.S.C. 431 et seq., as amended [``FECA'' or ``the Act'']. These 
prohibitions and limitations apply to a contribution or expenditure by 
a ``person,'' as defined by 2 U.S.C. 431(11) and 11 CFR 100.10.\1\ The 
statutory definition of the term ``person'' expressly excludes the 
Federal Government and any authority thereof.\2\
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    \1\ The terms ``contribution'' and ``expenditure'' are likewise 
defined at 2 U.S.C. 431(8)(A) and 11 CFR 100.7, and 2 U.S.C. 
431(9)(A) and 11 CFR 100.8, respectively.
    \2\ 2 U.S.C. 431(11) provides: ``The term `person' includes an 
individual, partnership, committee, association, corporation, labor 
organization, or any other organization or group of persons, but 
such term does not include the Federal Government or any authority 
of the Federal Government.''
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    Commission regulations at 11 CFR 106.3 require candidates for 
Federal office, other than Presidential and Vice-Presidential 
candidates who receive federal funds pursuant to 11 CFR part 9005 or 
9036, to report expenditures for campaign-related travel. Specifically, 
section 106.3(b) states that ``(1) Travel expenses paid for by a 
candidate from personal funds, or from a source other than a political 
committee, shall constitute reportable expenditures if the travel is 
campaign-related. (2) Where a candidate's trip involves both campaign-
related and non-campaign-related stops, the expenditures allocable for 
campaign purposes are reportable and are calculated on the actual cost-
per-mile of the means of transportation actually used, starting at the 
point of origin of the trip, via every campaign -related stop and 
ending at the point of origin. (3) Where a candidate conducts any 
campaign-related activity in a stop, the stop is a campaign-related 
stop and travel expenditures made are reportable. Campaign-related 
activity shall not include any incidental contacts.''
    Questions have arisen as to whether the allocation and reporting 
requirements in 11 CFR 106.3(b) are applicable to travel expenses paid 
for with funds authorized and appropriated by the Federal Government. 
Thus, the Commission is announcing its interpretation of the scope of 
11 CFR 106.3(b) in that circumstance.
    Because 2 U.S.C. 431(11) specifically excludes the Federal 
Government from its definition of a ``person,'' the Commission 
acknowledges that a candidate's travel expenses that are paid for using 
funds authorized and appropriated by the Federal Government are not 
paid for by a ``person'' for the purposes of the Act. Therefore, the 
Commission believes that the allocation and reporting requirements of 
11 CFR 106.3(b) are not applicable to the extent that a candidate pays 
for travel expenses using funds authorized and appropriated by the 
Federal Government. The Commission notes that this interpretation of 11 
CFR 106.3(b) is in harmony with 11 CFR 106.3(d), which states that a 
candidate need not report ``travel between Washington, DC and the state 
or district in which he or she is a candidate * * * unless the costs 
are paid by a candidate's authorized committee(s), or by any other 
political committee(s).''
    Please note that this announcement represents the Commission's 
interpretation of an existing regulation and is not intended to create 
or remove any rights or duties, nor is it intended to affect any other 
aspect of 11 CFR 106.3, the Act, or the Commission's

[[Page 5446]]

regulations. Furthermore, this interpretation does not apply to 
presidential or vice presidential campaigns that are covered by the 
Presidential Election Campaign Fund Act, 26 U.S.C. 9001 et seq. 
(general elections) or the Presidential Primary Matching Payment 
Account Act, 26 U.S.C. 9031 et seq.\3\ Finally, the Commission notes 
that the use of Federal funds is governed by general appropriations law 
and is subject to Congressional oversight.\4\
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    \3\ The Commission's regulations governing travel by 
presidential and vice presidential candidates who receive federal 
funds are found at 11 CFR 9034.7 and 9004.7, respectively. These 
regulations differ from 11 CFR 106.3 in several ways. See, for 
example, 11 CFR 9004.7(b)(5) and 11 CFR 9034.7(b)(5), which address 
reimbursement requirements for use of a government airplane to 
travel to or from a campaign-related stop.
    \4\ Both the Senate and the House of Representatives have 
provided specific guidance to their members regarding mixed-purpose 
travel. See page 118 of the Senate Ethics Manual (September 2000) 
and page 95 of the Rules of the House of Representatives on Gifts 
and Travel (April 2000).

    Dated: February 1, 2002.
David M. Mason,
Chairman, Federal Election Commission.
[FR Doc. 02-2858 Filed 2-5-02; 8:45 am]
BILLING CODE 6715-01-P