[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR9004.6]

[Page 291-292]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9004_ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS; USE OF 
PAYMENTS--Table of Contents
 
Sec.  9004.6  Expenditures for transportation and services made available 
to media personnel; reimbursements.

    (a) General. (1) Expenditures by an authorized committee for 
transportation, ground services or facilities (including air travel, 
ground transportation, housing, meals, telephone service, typewriters, 
and computers) provided to media personnel, Secret Service personnel or 
national security staff will be considered qualified campaign expenses, 
and, except for costs relating to Secret Service personnel or national 
security staff, will be subject to the overall expenditure limitations 
of 11 CFR 9003.2(a)(1) and (b)(1).
    (2) Subject to the limitations in paragraphs (b) and (c) of this 
section, committees may seek reimbursement from the media for the 
expenses described in paragraph (a)(3) of this section, and may deduct 
reimbursements received from media representatives from the amount of 
expenditures subject to the overall expenditure limitation of 11 CFR 
Sec.  9003.2(a)(1) and (b)(1). Expenses for which the committee receives 
no reimbursement will be considered qualified campaign expenses, and, 
with the exception of those expenses relating to Secret Service 
personnel and national security staff, will be subject to the overall 
expenditure limitation.
    (3) Committees may seek reimbursement from the media only for the 
billable items specified in the White House Press Corps Travel Policies 
and Procedures issued by the White House Travel Office.
    (b) Reimbursement limits; billing. (1) The amount of reimbursement 
sought from a media representative under paragraph (a)(2) of this 
section shall not exceed 110% of the media representative's pro rata 
share (or a reasonable estimate of the media representative's pro rata 
share) of the actual cost of the transportation and services made 
available. Any reimbursement received in excess of this amount shall be 
disposed of in accordance with paragraph (d)(1) of this section.
    (2) For the purposes of this section, a media representative's pro 
rata share shall be calculated by dividing the total actual cost of the 
transportation and services provided by the total number of individuals 
to whom such transportation and services are made available. For 
purposes of this calculation, the total number of individuals shall 
include committee staff, media personnel, Secret Service personnel, 
national security staff and any other individuals to whom such 
transportation and services are made available, except that, when 
seeking reimbursement for transportation costs paid by the committee 
under 11 CFR Sec.  9004.7(b)(5)(i)(C), the total number of individuals 
shall not include national security staff.
    (3) No later than sixty (60) days of the campaign trip or event, the 
committee shall provide each media representative attending the event 
with an itemized bill that specifies the amounts charged for air and 
ground transportation for each segment of the trip, housing, meals, 
telephone service, and other billable items specified in the White House 
Press Corps Travel Policies and Procedures issued by the White House 
Travel Office. Payments shall be due sixty (60) days from the date of 
the bill, unless the media representative disputes the charges.
    (c) Deducation of reimbursements from expenditures subject to the 
overall expenditure limitation. (1) The committee

[[Page 292]]

may deduct from the amount of expenditures subject to the overall 
expenditure limitation:
    (i) The amount of reimbursements received from media representatives 
in payment for the transportation and services described in paragraph 
(a) of this section, up to the actual cost of the transportation and 
services provided to media representatives; and
    (ii) An additional amount of the reimbursements received from media 
representatives, representing the administrative costs incurred by the 
committee in providing these services to the media representative and 
seeking reimbursement for them, equal to:
    (A) Three percent of the actual cost of transportation and services 
provided to the media representatives under this section; or
    (B) An amount in excess of 3% representing the administrative costs 
actually incurred by the committee in providing services to the media 
representatives, provided that the committee is able to document the 
total amount of administrative costs actually incurred.
    (2) For the purpose of this paragraph, ``administrative costs'' 
includes all costs incurred by the committee in making travel 
arrangements and seeking reimbursement, whether these services are 
performed by committee staff or by independent contractors.
    (d) Disposal of excess reimbursements. If the committee receives 
reimbursements in excess of the amount deductible under paragraph (c) of 
this section, it shall dispose of the excess amount in the following 
manner:
    (1) Any reimbursement received in excess of 110% of the actual pro 
rata cost of the transportation and services made available to a media 
representative shall be returned to the media representative.
    (2) Any amount in excess of the amount deductible under paragraph 
(c) of this section that is not required to be returned to the media 
representative under paragraph (d)(1) of this section shall be paid to 
the Treasury.
    (e) Reporting. The total amount paid by an authorized committee for 
the services and facilities described in paragraph (a)(1) of this 
section, plus the administrative costs incurred by the committee in 
providing these services and facilities and seeking reimbursement for 
them, shall be reported as an expenditure in accordance with 11 CFR 
104.3(b)(2)(i). Any reimbursement received by such committee under 
paragraph (b)(1) of this section shall be reported in accordance with 11 
CFR 104.3(a)(3)(ix).

[60 FR 31876, June 16, 1995, as amended at 64 FR 42583, Aug. 5, 1999]

    Effective Date Note: At 68 FR 69595, December 15, 2003, Sec.  9004.6 
was amended by revising paragraph (b)(2). An effective date will be 
published after these regulations have been before Congress for 30 
legislative days, pursuant to 26 U.S.C. 9009(c). For the convenience of 
the user, the revised text is set forth as follows:

Sec.  9004.6  Expenditures for transportation and services made 
          available to media personnel; reimbursements.

                                * * * * *

    (b) * * *
    (2) For the purposes of this section, a media representative's pro 
rata share shall be calculated by dividing the total actual cost of the 
transportation and services provided by the total number of individuals 
to whom such transportation and services are made available. For 
purposes of this calculation, the total number of individuals shall 
include committee staff, media personnel, Secret Service personnel, 
national security staff and any other individuals to whom such 
transportation and services are made available, except that, when 
seeking reimbursement for transportation costs paid by the committee 
under 11 CFR 9004.7(b)(5)(i), the total number of individuals shall not 
include national security staff.

                                * * * * *