[Federal Register: June 9, 2005 (Volume 70, Number 110)]
[Rules and Regulations]
[Page 33689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn05-1]
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Rules and Regulations
Federal Register
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[[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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