[House Report 112-628]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-628
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AMENDING THE FEDERAL ELECTION CAMPAIGN ACT OF 1971 TO PERMIT CANDIDATES
FOR ELECTION FOR FEDERAL OFFICE TO DESIGNATE AN INDIVIDUAL WHO WILL BE
AUTHORIZED TO DISBURSE FUNDS OF THE AUTHORIZED CAMPAIGN COMMITTEES OF
THE CANDIDATE IN THE EVENT OF THE DEATH OF THE CANDIDATE
_______
July 30, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Daniel E. Lungren of California, from the Committee on House
Administration, submitted the following
R E P O R T
[To accompany H.R. 406]
The Committee on House Administration, to whom was referred
the bill (H.R. 406) to amend the Federal Election Campaign Act
of 1971 to permit candidates for election for Federal office to
designate an individual who will be authorized to disburse
funds of the authorized campaign committees of the candidate in
the event of the death of the candidate, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
Background and Need for the Legislation
H.R. 406 permits candidates for election to federal office
to designate an individual who will be authorized to disburse
funds of the authorized campaign committees of the candidate in
the event of the death of the candidate and to provide
instructions regarding the disbursement of such funds by the
designee. The bill also allows the candidate to designate a
second individual to perform those functions in the event of
the death or incapacity of the designee. This limited authority
to direct the disbursement of funds is provided notwithstanding
any state law authorizing any other person to direct the
disbursement of the campaign's funds.
H.R. 406 amends section 302 of the Federal Election
Campaign Act of 1971, by adding a section providing that a
candidate for federal office may submit to the Federal Election
Commission a signed, written statement designating an
individual to be authorized to direct the disbursement of the
funds of the authorized campaign committees of the candidate in
the event of the death of the candidate, and may also provide
instructions regarding the disbursement of such funds. H.R. 406
also allows for a second designee to be appointed in the event
of the death or incapacity of the original designee. The
Federal Election Commission is directed to develop such forms
as are necessary to implement H.R. 406.
Introduction and Referral
On January 24, 2011, Congressman Walter B. Jones of North
Carolina introduced H.R. 406, which was referred to the
Committee on House Administration.
Hearings
At a hearing of the Subcommittee on Elections on oversight
of the Federal Election Commission held on November 3, 2011,
the Chairman inquired as to whether current law would permit
someone other than the campaign treasurer to dispose of
campaign assets in the event of the candidate's death. Federal
Election Commission Chair Cynthia Bauerly sent a letter to the
Committee on November 18, 2011, which noted the possibility of
state laws allowing the appointment of other campaign officers
who might have authority over the disbursement of funds. The
letter also noted an advisory opinion stating that a candidate
could provide written instruction to a treasurer regarding
disbursement of funds after the candidate's death, although
such instruction would be subject to state law. The letter did
not describe any existing legal provision that would give any
federal candidate the ability to designate an individual for
the purpose of directing the disbursement of campaign funds
after the candidate's death.
Committee Consideration
On July 19, 2012, the Committee on House Administration met
to consider H.R. 406. The Committee ordered the bill reported
favorably to the House without amendment by voice vote with a
quorum present.
Committee Record Votes
In compliance with House Rule XIII, clause 3(b), requiring
the results of each record vote on an amendment or motion to
report, together with the names of those voting for and
against, to be printed in the Committee report, the Committee
states that there were no record votes during the Committee's
consideration of H.R. 406.
Committee Oversight Findings and Recommendations
In compliance with House Rule XIII, clause 3(c)(1), the
Committee states that the findings and recommendations of the
Committee, based on oversight activities under House Rule X,
clause 2(b)(1), are incorporated into the general discussion
section of this report.
Statement of Budget Authority and Related Items
The bill does not provide new budget authority, new
spending authority, new credit authority, or an increase or
decrease in revenues or tax expenditures and a statement under
House Rule XIII, clause 3(c)(2), and section 308(a)(1) of the
Congressional Budget Act of 1974 is not required.
Congressional Budget Office Cost Estimate
In compliance with House Rule XIII, clause 3(c)(3), the
Committee states, with respect to the bill, H.R. 406, that the
Director of the Congressional Budget Office did not submit a
cost estimate and comparison under section 402 of the
Congressional Budget Act of 1974.
Performance Goals and Objectives
In compliance with House Rule XIII, clause 3(c)(4), the
Committee states that the general discussion section of this
report includes a statement of the general performance goals
and objectives, including outcome-related goals and objectives,
for which H.R. 406 authorizes funding.
Advisory on Earmarks
In accordance with House Rule XXI, clause 9, the Committee
states that H.R. 406 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Changes in Existing Law Made by the Bill
In compliance with House Rule XIII, clause 3(e), the
Committee states that H.R. 406 changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black, brackets, new
matter is printed in italic, existing law in which no changes
is proposed is shown in roman):
FEDERAL ELECTION CAMPAIGN ACT OF 1971
* * * * * * *
TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
* * * * * * *
ORGANIZATION OF POLITICAL COMMITTEES
Sec. 302. (a) * * *
* * * * * * *
(j)(1) Each candidate may, with respect to each authorized
committee of the candidate, designate an individual who shall
be responsible for disbursing funds in the accounts of the
committee in the event of the death of the candidate, and may
also designate another individual to carry out the
responsibilities of the designated individual under this
subsection in the event of the death or incapacity of the
designated individual or the unwillingness of the designated
individual to carry out the responsibilities.
(2) In order to designate an individual under this
subsection, the candidate shall file with the Commission a
signed written statement (in a standardized form developed by
the Commission) that contains the name and address of the
individual and the name of the authorized committee for which
the designation shall apply, and that may contain the
candidate's instructions regarding the disbursement of the
funds involved by the individual. At any time after filing the
statement, the candidate may revoke the designation of an
individual by filing with the Commission a signed written
statement of revocation (in a standardized form developed by
the Commission).
(3) Upon the death of a candidate who has designated an
individual for purposes of paragraph (1), funds in the accounts
of each authorized committee of the candidate may be disbursed
only under the direction and in accordance with the
instructions of such individual, subject to the terms and
conditions applicable to the disbursement of such funds under
this Act or any other applicable Federal or State law (other
than any provision of State law which authorizes any person
other than such individual to direct the disbursement of such
funds).
(4) Nothing in paragraph (3) may be construed to grant any
authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement
of funds as provided in such paragraph, or may be construed to
affect the responsibility of the treasurer of an authorized
committee for which funds are disbursed in accordance with such
paragraph to file reports of the disbursements of such funds
under section 304(a).
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
Sec. 303. (a) * * *
(b) The statement of organization of a political committee
shall include--
(1) * * *
* * * * * * *
(5) if the committee is authorized by a candidate,
the name, address, office sought, and party affiliation
of the candidate; [and]
(6) a listing of all banks, safety deposit boxes, or
other depositories used by the committee[.]; and
(7) in the case of an authorized committee of a
candidate who has designated an individual under
section 302(j) (including a second individual
designated to carry out the responsibilities of that
individual under such section in the event of that
individual's death or incapacity or unwillingness to
carry out the responsibilities) to disburse funds from
the accounts of the committee in the event of the death
of the candidate, a copy of the statement filed by the
candidate with the Commission under such section (as
well as a copy of any subsequent statement of
revocation filed by the candidate with the Commission
under such section).
* * * * * * *