79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–77 

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 

APRIL 21, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

[To accompany H.R. 749] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 749) 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. 

PURPOSE OF THE LEGISLATION

The purpose of H.R. 749 is to permit 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. H.R. 749 ensures the prompt and orderly disbursement of 

campaign committee funds in the event of the death of the candidate, notwithstanding any conflicting provision of state law. 

SUMMARY OF THE LEGISLATION

H.R. 749 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 authorVerDate Nov 24 2008 02:10 Apr 22, 2009 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR077.XXX HR077

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ized 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. 749 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. 749. 

COMMITTEE CONSIDERATION OF THE LEGISLATION

INTRODUCTION & REFERRAL

On January 28, 2009, Mr. Jones of North Carolina introduced 

H.R. 749, which was referred to the Committee on House Administration. 

MARKUP

On March 25, 2009, the Committee on House Administration met 

to markup H.R. 740. With a quorum present, the Committee favorably reported H.R. 749, as amended, by voice vote. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) rule XIII of the Rules of the 

House of Representatives, the Committee states that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the House of Representatives, 

are incorporated in the descriptive portions of this report. 

GENERAL PERFORMANCE GOALS AND OBJECTIVES

The Committee states, with respect to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, that the goal and objective of H.R. 749 is 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. The designation and instructions provided by a candidate under this provision shall continue in force until the termination of the candidate’s committee 

and the disbursement of all of the committee’s funds, unless the 

candidate provides otherwise. 

CONSTITUTIONAL AUTHORITY

In compliance with clause 3(d)(1) of rule XIII, the Committee 

states that Article 1, Section 4 of the U.S. Constitution grants Congress the authority to make law governing the time, place and 

manner of holding federal elections. 

EARMARK IDENTIFICATION

Pursuant to clause 9 of rule XXI, H.R. 749 does not include any 

congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI. 


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PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any committee on a bill or joint resolution to include a 

committee statement on the extent to which the bill or joint resolution is intended to preempt state or local law. H.R. 749 is intended 

to preempt all state laws to the contrary. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974: 

MARCH 27, 2009. 

Hon. ROBERT A. BRADY, 

Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 749, a bill 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. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 749—A bill 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 

H.R. 749 would amend federal law to allow a candidate for federal office the option of granting an individual the responsibility of 

disbursing campaign funds in the event of the candidate’s death. 

Under current law, that role lies with the campaign treasurer. 

Under the bill, the Federal Election Commission (FEC) would be 

responsible for regulating such designations and registering information filed by candidates. 

Based on information from the FEC, CBO estimates that implementing H.R. 749 would cost the FEC about $500,000 in 2010, subject to the availability of appropriated funds. That amount includes 

one-time, computer-related expenses as well as the cost of issuing 

new regulations. In future years, the legislation would increase 

general administrative costs of the FEC, but we estimate that 

those costs would be insignificant. 

Enacting H.R. 749 could affect federal revenues by increasing collections of fines for violations of campaign finance law. Such collections are recorded in the budget as revenues and, in certain cases, 

may be spent without further appropriation. CBO estimates that 

any additional revenues and direct spending under H.R. 749 would 


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be insignificant because of the small number of anticipated violations. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 change 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). 


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(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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