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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 406 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 406

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2012

    Received; read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 AN ACT

 
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.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN 
              COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.

    (a) In General.--Section 302 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 432) is amended by adding at the end the following 
new subsection:
    ``(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).''.
    (b) Inclusion of Designation in Statement of Organization of 
Committee.--Section 303(b) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 433(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(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).''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
authorized campaign committees which are designated under section 
302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or 
after the date of the enactment of this Act.

            Passed the House of Representatives September 10, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
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