[Federal Register Volume 70, Number 110 (Thursday, June 9, 2005)]
[Rules and Regulations]
[Page 33689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11422]



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  Federal Register / Vol. 70, No. 110 / Thursday, June 9, 2005 / Rules 
and Regulations  

[[Page 33689]]



FEDERAL ELECTION COMMISSION

11 CFR Part 9004

[Notice 2005-15]


Travel on Behalf of Candidates and Political Committees

AGENCY: Federal Election Commission.

ACTION: Announcement of effective date.

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SUMMARY: The Commission is announcing the effective date for amendments 
to the regulations regarding the proper rates and timing for payment 
for travel on behalf of Presidential candidates during the general 
election on means of transportation that are not offered for commercial 
passenger service, including government conveyances. The publication of 
these final rules in the Federal Register occurred on December 15, 2003 
and included an announcement that the effective date would be published 
at a later date once the regulations had been before Congress for 30 
legislative days pursuant to the Presidential Election Campaign Fund 
Act. Publication of the effective date notice was inadvertently 
delayed. Further information is provided in the supplementary 
information that follows.

DATES: The effective date for the revisions to 11 CFR 9004.6 and 9004.7 
at 68 FR 69595, and published on December 15, 2003, was April 2, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General 
Counsel, or Mr. Richard T. Ewell, Attorney, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On December 15, 2003, the Commission 
published the ``Final Rules and Transmittal of Regulations to Congress 
for Travel on Behalf of Candidates and Political Committees'' in order 
to implement several changes to its rules governing travel in 
connection with a Federal election. 68 FR 69583 (Dec. 15, 2003). The 
final rules provided new and revised regulations regarding the proper 
rates and timing of payment for travel on behalf of political 
committees and candidates by means of transportation that are not 
offered for commercial passenger service, including government 
conveyances. One portion of the rulemaking amended regulations in 11 
CFR 9004.6 and 9004.7, promulgated pursuant to the Presidential 
Election Campaign Fund Act, 26 U.S.C. 9009(c) (pertaining to 
Presidential candidates receiving public funding for the general 
election).
    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. 
In addition, 26 U.S.C. 9009(c) requires that any rules or regulations 
prescribed by the Commission to carry out the provisions of the 
Presidential Election Campaign Fund Act be transmitted to the Speaker 
of the House of Representatives and the President of the Senate 30 
legislative days before they are finally promulgated. The final rules 
at 11 CFR 9004.6 and 9004.7 were transmitted to Congress on December 
10, 2003. Thirty legislative days expired in both the Senate and the 
House of Representatives on March 31, 2004.
    In the December 15, 2003 Final Rules and Transmittal to Congress, 
the Commission stated that a separate notice would be published to 
announce the effective date of the amendments to 11 CFR 9004.6 and 
9004.7. This publication provides that separate notice, which was 
inadvertently delayed. Accordingly, the Commission hereby announces the 
effective date of amended 11 CFR 9004.6 and 9004.7, as published at 68 
FR 69583, et seq. (Dec. 15, 2003), as April 2, 2004, which was more 
than thirty legislative days after the transmittal of the final rules 
to Congress.
    The Commission notes that the 2003 publication of the Final Rules, 
in combination with the inadvertent delay in the publication of this 
effective date notice, may have caused some confusion as to which 
regulations were applicable to publicly funded Presidential candidates 
in the 2004 general election. In light of these circumstances, the 
Commission intends to exercise its discretion by not pursuing potential 
violations of the travel reimbursement rules in 11 CFR 9004.6(b)(2) and 
9004.7(b)(5) and (8) that occurred between April 2, 2004, and June 9, 
2005, so long as the reimbursement for campaign travel was provided in 
accordance with either pre-or post-revision 11 CFR 9004.6 or 9004.7. In 
addition, the Commission notes that, for reimbursement of travel that 
occurred during the 2004 general election cycle, calculations based on 
either pre-or post-revision 11 CFR 9004.6 or 9004.7 will be permissible 
in the context of audits or repayment of public funds pursuant to 26 
U.S.C. 9007.

    Dated: June 3, 2005.
Bradley A. Smith,
Commissioner, Federal Election Commission.
[FR Doc. 05-11422 Filed 6-8-05; 8:45 am]
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