19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–628 

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 

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 disVerDate Mar 15 2010 01:32 Jul 31, 2012 Jkt 019006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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bursement 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, 


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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 


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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; 

øand¿ 

(6) a listing of all banks, safety deposit boxes, or other depositories used by the committeeø.¿; 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). 

* * * * * * * 

Æ 


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