I 

117TH CONGRESS 

1ST SESSION H. R. 2388 

To amend the Federal Election Campaign Act of 1971 to require authorized 

committees and leadership PACs of candidates for election for Federal 

office to disburse funds remaining unexpended after the date of the 

election involved, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Ms. CASTOR of Florida (for herself, Mr. BILIRAKIS, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

require authorized committees and leadership PACs of 

candidates for election for Federal office to disburse 

funds remaining unexpended after the date of the election involved, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honest Elections and 

5 Campaign, No Gain Act’’. 


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1 SEC. 2. REQUIRING AUTHORIZED COMMITTEES OF CAN2 DIDATES TO DISBURSE FUNDS REMAINING 

3 UNEXPENDED AFTER DATE OF ELECTION. 

4 (a) REQUIRING DISBURSEMENT.—Title III of the 

5 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 

6 et seq.) is amended by inserting after section 303 the fol7 lowing new section: 

8 ‘‘SEC. 303A. DISBURSEMENT OF FUNDS REMAINING UNEX9 PENDED AFTER DATE OF ELECTION. 

10 ‘‘(a) REQUIRING DISBURSEMENT.— 

11 ‘‘(1) IN GENERAL.—Each authorized committee 

12 or leadership PAC of a candidate shall, in accord13 ance with subsection (b) and prior to the expiration 

14 of the applicable disbursement period, disburse any 

15 funds of the committee or PAC before the earliest 

16 of— 

17 ‘‘(A) the last day of the applicable dis18 bursement period; 

19 ‘‘(B) the date on which the candidate first 

20 makes a lobbying contact or is employed or re21 tained to make a lobbying contact that would 

22 require registration under section 4 of the Lob23 bying Disclosure Act of 1995 (2 U.S.C. 1603); 

24 or 

25 ‘‘(C) the date on which the candidate be26 comes an agent of a foreign principal that 


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1 would require registration under section 2 of 

2 the Foreign Agents Registration Act of 1938, 

3 as amended (22 U.S.C. 612). 

4 ‘‘(2) EXCEPTION FOR CANDIDATES IN NEXT

5 ELECTION.—Paragraph (1) does not apply to the 

6 committee or PAC of a candidate who, prior to the 

7 first day of the applicable disbursement period, pro8 vides the appropriate State election official with the 

9 information and fees (if any) required under State 

10 law for the individual to qualify as a candidate for 

11 the next election for the office sought by the can12 didate or the next election for another Federal of13 fice. 

14 ‘‘(3) APPLICABLE DISBURSEMENT PERIOD.—In 

15 this subsection, the ‘applicable disbursement period’ 

16 is, with respect to a candidate seeking election for 

17 an office, the 2-year period which begins on the day 

18 after the latest date on which an individual may pro19 vide the appropriate State election official with the 

20 information and fees (if any) required under State 

21 law for the individual to qualify as a candidate for 

22 the next election for such office. 

23 ‘‘(b) RULES FOR DISBURSEMENT OF FUNDS.— 

24 ‘‘(1) PAYMENT OF OBLIGATIONS.—In carrying 

25 out subsection (a), an authorized committee or leadVerDate Sep 11 2014 05:32 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2388.IH H2388

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1 ership PAC shall first disburse funds to pay obliga2 tions incurred in connection with the operation of 

3 the committee. 

4 ‘‘(2) OTHER PERMITTED DISBURSEMENTS.—If, 

5 after disbursing all of the funds necessary to pay ob6 ligations under paragraph (1), funds of a committee 

7 or PAC remain unexpended, the committee or PAC 

8 may only disburse the funds for any of the following 

9 purposes, in such manner and combination as the 

10 committee or PAC considers appropriate: 

11 ‘‘(A) To return to any person a contribu12 tion the person made to the committee or PAC. 

13 ‘‘(B) To make a contribution to an organi14 zation described in section 170(c) of the Inter15 nal Revenue Code of 1986. 

16 ‘‘(C) To make a transfer without limitation 

17 to a national, State, or local committee of a po18 litical party. 

19 ‘‘(c) RESTRICTIONS ON DISBURSEMENT TO REL20 ATIVES.— 

21 ‘‘(1) RESTRICTION.—In disbursing funds pur22 suant to the requirements of this section, an author23 ized committee or leadership PAC may not disburse 

24 funds to a relative of the candidate unless the funds 

25 are disbursed to pay an obligation of the committee 


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1 as described in paragraph (1) of subsection (b) 

2 which is reported by the committee or PAC as a dis3 bursement under section 304(b)(5) or which would 

4 be so reported if the amount of the disbursement 

5 were in excess of $200. 

6 ‘‘(2) RELATIVE DEFINED.—In this subsection, 

7 the term ‘relative’ means, with respect to a can8 didate, an individual who is related to the candidate 

9 as father, mother, son, daughter, brother, sister, 

10 uncle, aunt, first cousin, nephew, niece, husband, 

11 wife, father-in-law, mother-in-law, son-in-law, daugh12 ter-in-law, brother-in-law, sister-in-law, stepfather, 

13 stepmother, stepson, stepdaughter, stepbrother, step14 sister, half brother, or half sister. 

15 ‘‘(d) DEFINITION.—In this section, the term ‘leader16 ship PAC’ has the meaning given such term in section 

17 304(i)(8)(B).’’. 

18 (b) CONFORMING AMENDMENT RELATING TO PER19 MITTED USES OF CONTRIBUTIONS.—Section 313(a) of 

20 such Act (52 U.S.C. 30114(a)) is amended by striking ‘‘A 

21 contribution’’ and inserting ‘‘Subject to section 303A, a 

22 contribution’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to the regularly schedVerDate Sep 11 2014 05:32 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2388.IH H2388

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1 uled general election for Federal office held in November 

2 2022 and each succeeding election for Federal office. 

3 SEC. 3. REQUIRING FORMER CANDIDATES SERVING AS 

4 REGISTERED LOBBYISTS TO CERTIFY COM5 PLIANCE WITH DISBURSEMENT REQUIRE6 MENTS. 

7 (a) CERTIFICATION OF COMPLIANCE.—Section 4(b) 

8 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

9 1603(b)) is amended— 

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (5); 

12 (2) by striking the period at the end of para13 graph (6) and inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (6) the fol15 lowing new paragraph: 

16 ‘‘(7) in the case of an individual who was a can17 didate for election for Federal office, a certification 

18 (under penalty of perjury) that each authorized com19 mittee and leadership PAC (as defined in section 

20 304(i)(8)(B) of the Federal Election Campaign Act 

21 of 1971) of the individual is in compliance with sec22 tion 303A of the Federal Election Campaign Act of 

23 1971 (relating to the disbursement of funds of the 

24 committee or leadership PAC which remain unex25 pended after the date of the election).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to registration 

3 statements filed under section 4(a) of the Lobbying Dis4 closure Act on or after the date of the regularly scheduled 

5 general election for Federal office held in November 2022. 

6 SEC. 4. REQUIRING FORMER CANDIDATES SERVING AS 

7 FOREIGN AGENTS TO CERTIFY COMPLIANCE 

8 WITH DISBURSEMENT REQUIREMENTS. 

9 (a) CERTIFICATION OF COMPLIANCE.—Section 2(a) 

10 of the Foreign Agents Registration Act of 1938, as 

11 amended (22 U.S.C. 612(a)) is amended— 

12 (1) by redesignating paragraphs (10) and (11) 

13 as paragraphs (11) and (12); and 

14 (2) by inserting after paragraph (9) the fol15 lowing new paragraph: 

16 ‘‘(10) In the case of an individual who was a 

17 candidate for election for Federal office, a certifi18 cation (under penalty of perjury) that each author19 ized committee and leadership PAC (as defined in 

20 section 304(i)(8)(B) of the Federal Election Cam21 paign Act of 1971) of the individual is in compliance 

22 with section 303A of the Federal Election Campaign 

23 Act of 1971 (relating to the disbursement of funds 

24 of the committee or leadership PAC which remain 

25 unexpended after the date of the election).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to registration 

3 statements filed under section 2 of the Foreign Agents 

4 Registration Act of 1938, as amended on or after the date 

5 of the regularly scheduled general election for Federal of6 fice held in November 2022. 

Æ 


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