IIB 

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. 


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HR 406 RFS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DESIGNATION OF INDIVIDUAL AUTHORIZED TO 

4 MAKE CAMPAIGN COMMITTEE DISBURSE5 MENTS IN EVENT OF DEATH OF CANDIDATE. 

6 (a) IN GENERAL.—Section 302 of the Federal Elec7 tion Campaign Act of 1971 (2 U.S.C. 432) is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(j)(1) Each candidate may, with respect to each au10 thorized committee of the candidate, designate an indi11 vidual who shall be responsible for disbursing funds in the 

12 accounts of the committee in the event of the death of 

13 the candidate, and may also designate another individual 

14 to carry out the responsibilities of the designated indi15 vidual under this subsection in the event of the death or 

16 incapacity of the designated individual or the unwilling17 ness of the designated individual to carry out the respon18 sibilities. 

19 ‘‘(2) In order to designate an individual under this 

20 subsection, the candidate shall file with the Commission 

21 a signed written statement (in a standardized form devel22 oped by the Commission) that contains the name and ad23 dress of the individual and the name of the authorized 

24 committee for which the designation shall apply, and that 

25 may contain the candidate’s instructions regarding the 


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HR 406 RFS

1 disbursement of the funds involved by the individual. At 

2 any time after filing the statement, the candidate may re3 voke the designation of an individual by filing with the 

4 Commission a signed written statement of revocation (in 

5 a standardized form developed by the Commission). 

6 ‘‘(3) Upon the death of a candidate who has des7 ignated an individual for purposes of paragraph (1), funds 

8 in the accounts of each authorized committee of the can9 didate may be disbursed only under the direction and in 

10 accordance with the instructions of such individual, sub11 ject to the terms and conditions applicable to the disburse12 ment of such funds under this Act or any other applicable 

13 Federal or State law (other than any provision of State 

14 law which authorizes any person other than such indi15 vidual to direct the disbursement of such funds). 

16 ‘‘(4) Nothing in paragraph (3) may be construed to 

17 grant any authority to an individual who is designated 

18 pursuant to this subsection other than the authority to 

19 direct the disbursement of funds as provided in such para20 graph, or may be construed to affect the responsibility of 

21 the treasurer of an authorized committee for which funds 

22 are disbursed in accordance with such paragraph to file 

23 reports of the disbursements of such funds under section 

24 304(a).’’. 


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HR 406 RFS

1 (b) INCLUSION OF DESIGNATION IN STATEMENT OF

2 ORGANIZATION OF COMMITTEE.—Section 303(b) of the 

3 Federal Election Campaign Act of 1971 (2 U.S.C. 433(b)) 

4 is amended— 

5 (1) in paragraph (5), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (6), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(7) in the case of an authorized committee of 

12 a candidate who has designated an individual under 

13 section 302(j) (including a second individual des14 ignated to carry out the responsibilities of that indi15 vidual under such section in the event of that indi16 vidual’s death or incapacity or unwillingness to carry 

17 out the responsibilities) to disburse funds from the 

18 accounts of the committee in the event of the death 

19 of the candidate, a copy of the statement filed by the 

20 candidate with the Commission under such section 

21 (as well as a copy of any subsequent statement of 

22 revocation filed by the candidate with the Commis23 sion under such section).’’. 


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HR 406 RFS

1 SEC. 2. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply with 

3 respect to authorized campaign committees which are des4 ignated under section 302(e)(1) of the Federal Election 

5 Campaign Act of 1971 before, on, or after the date of the 

6 enactment of this Act. 

Passed the House of Representatives September 10, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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