69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–602 

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 22, 2008.—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. 3032] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 3032) 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 with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 


wwoods2 on PRODPC68 with REPORTS
2 

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. 

PURPOSE OF THE LEGISLATION

The purpose of H.R. 3032 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. 3032 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. 3032 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 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. 

The Federal Election Commission is directed to develop such forms 

as are necessary to implement H.R. 3032. 


wwoods2 on PRODPC68 with REPORTS
3 

COMMITTEE CONSIDERATION OF THE LEGISLATION

INTRODUCTION & REFERRAL

On July 12, 2007, Mr. Jones of North Carolina introduced H.R. 

3032, which was referred to the Committee on House Administration. 

MARKUP

On April 2, 2008, the Committee on House Administration met 

to mark up H.R. 3032. With a quorum present, the Committee favorably reported H.R. 3032, as amended, by voice vote. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

COMMITTEE RECORD VOTES

Pursuant to clause 3(b) of rule XIII of the Rules of the House of 

Representatives, the following statements are made concerning the 

votes of the Committee on House Administration in its consideration of the bill, H.R. 3032. 

Ehlers amendment 

The first amendment adopted by voice vote was offered by Mr. 

Ehlers of Michigan, and provides that only a federal candidate, by 

signed statement, may designate an individual to be authorized to 

direct the disbursement of federal campaign funds from the candidate’s federal political committee in the event of the death of the 

candidate. 

Capuano amendment 

The second amendment, by Mr. Capuano of Massachusetts, also 

adopted by voice vote, provides that a candidate may designate a 

second individual who will be authorized to disburse funds of the 

authorized campaign committees of the candidate after the death 

of the candidate, in the event that the primary designee becomes 

unavailable or unwilling to carry out the responsibilities. 

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 Rules 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. 3032 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 


wwoods2 on PRODPC68 with REPORTS
4 

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. 3032 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. 

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. 3032 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: 

APRIL 11, 2008 

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. 3032, 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 a candidate. 

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

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

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 3032—A bill to amend the Federal Election Campaign Act of 

1971 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 

H.R. 3032 would amend federal law to allow any candidate for 

federal office the option of granting an individual the responsibility 

of disbursing any campaign funds in the event of the candidate’s 

death. Under current law, that role lies with the campaign treasVerDate Aug 31 2005 07:23 Apr 23, 2008 Jkt 069006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR602.XXX HR602

wwoods2 on PRODPC68 with REPORTS
5 

urer. The Federal Election Commission (FEC) would be responsible 

for regulating the process and registering the information. 

Based on information from the FEC and subject to the availability of appropriated funds, CBO estimates that implementing 

H.R. 3032 would cost the FEC about $500,000 in 2009. That 

amount includes one-time computer-related expenses as well as the 

cost of formulating new regulations. In future years, the legislation 

would increase general administrative costs of the FEC, but we estimate those costs would not be significant. 

Enacting H.R. 3032 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 

any additional revenues and direct spending under H.R. 3032 

would 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 Peter H. Fontaine, 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 


wwoods2 on PRODPC68 with REPORTS
6 

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 


wwoods2 on PRODPC68 with REPORTS