H5742 CONGRESSIONAL RECORD — HOUSE September 10, 2012 

Lions Clubs International Century of Service 

Commemorative Coin Act, which is scheduled for Floor consideration under suspension of the rules on Wednesday, August 1, 

2012. 

I wish to confirm our mutual understanding on this bill. As you know, section 7 

of the bill establishes a surcharge for the 

sale of commemorative coins that are minted under the bill. I acknowledge your committee’s jurisdictional interest in such surcharges as revenue matters and appreciate 

your willingness to forgo action by the Committee on Ways and Means on H.R. 2139 in 

order to allow the bill to come to the Floor 

expeditiously. Also, I agree that your decision to forgo further action on this bill will 

not prejudice the Committee on Ways and 

Means with respect to its jurisdictional prerogatives on this or similar legislation. 

Therefore, I would support your request for 

conferees on those provisions within your jurisdiction should this bill be the subject of a 

House-Senate conference. 

I will include this exchange of letters in 

the Congressional Record when this bill is 

considered by the House. Thank you again 

for your assistance and if you should need 

anything further, please do not hesitate to 

contact Natalie McGarry of my staff at 202– 

225–7502. 

Sincerely, 

SPENCER BACHUS, 

Chairman. 

U.S. HOUSE OF REPRESENTATIVES, 

COMMITTEE ON FINANCIAL SERVICES, 

Washington, DC, August 1, 2012. 

Hon. DAVE CAMP, 

Chairman, Committee on Ways and Means, U.S. 

House of Representatives, Washington, DC. 

DEAR CHAIRMAN CAMP: I am writing in response to your letter regarding H.R. 2139, 

Lions Clubs International Century of Service 

Commemorative Coin Act, which is scheduled for Floor consideration under suspension of the rules on Wednesday, August 1, 

2012. 

I wish to confirm our mutual understanding on this bill. As you know, section 7 

of the bill establishes a surcharge for the 

sale of commemorative coins that are minted under the bill. I acknowledge your committee’s jurisdictional interest in such surcharges as revenue matters and appreciate 

your willingness to forego action by the 

Committee on Ways and Means on H.R. 2139 

in order to allow the bill to come to the 

Floor expeditiously. Also, I agree that your 

decision to forego further action on this bill 

will not prejudice the Committee on Ways 

and Means with respect to its jurisdictional 

prerogatives on this or similar legislation. 

Therefore, I would support your request for 

conferees on those provisions within your jurisdiction should this bill be the subject of a 

House-Senate conference. 

I will include this exchange of letters in 

the Congressional Record when this bill is 

considered by the House. Thank you again 

for your assistance and if you should need 

anything further, please do not hesitate to 

contact Natalie McGarry of my staff at 202– 

225–7502. 

Sincerely, 

SPENCER BACHUS, 

Chairman. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Illinois (Mr. DOLD) 

that the House suspend the rules and 

pass the bill, H.R. 2139, as amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. DOLD. Mr. Speaker, on that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

REVISING AUTHORITY OF LIBRARIAN OF CONGRESS TO ACCEPT 

GIFTS AND BEQUESTS 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to suspend 

the rules and pass the bill (H.R. 6122) to 

revise the authority of the Librarian of 

Congress to accept gifts and bequests 

on behalf of the Library, and for other 

purposes. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 6122 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

SECTION 1. AUTHORITY OF LIBRARIAN OF CONGRESS TO ACCEPT GIFTS AND BEQUESTS. 

(a) EXPANDING TYPES OF GIFTS THAT MAY

BE ACCEPTED.—The first undesignated paragraph of section 4 of the Act entitled ‘‘An 

Act to create a Library of Congress Trust 

Fund Board, and for other purposes’’, approved March 3, 1925 (2 U.S.C. 160), is amended— 

(1) in the first sentence, by striking ‘‘in the 

name of the United States’’ and all that follows and inserting the following: ‘‘in the 

name of the United States and in the interest of the Library, its collections, or its service, gifts or bequests of money for immediate 

disbursement, personal property valued at 

$25,000 or less, nonpersonal services, or voluntary and uncompensated personal services.’’; 

(2) in the second sentence, by inserting ‘‘of 

money’’ after ‘‘bequests’’; and 

(3) in the third sentence, by striking 

‘‘enter them’’ and inserting ‘‘enter the gift, 

bequest, or proceeds’’. 

(b) TREATMENT OF GIFTS OF SECURITIES.— 

The first undesignated paragraph of section 4 

of such Act (2 U.S.C. 160) is amended by inserting after the first sentence the following 

new sentence: ‘‘In the case of a gift of securities, the Librarian shall sell the gift and provide the donor with a receipt from the proceeds of the sale.’’. 

(c) PUBLIC REPORT ON ACCEPTED GIFTS.— 

Section 4 of such Act (2 U.S.C. 160) is amended— 

(1) in the first sentence of the first undesignated paragraph, by striking ‘‘Nothing’’ 

and inserting ‘‘(a) ACCEPTANCE AND DISBURSEMENT OF GIFTS.—Nothing’’; and 

(2) by adding at the end the following new 

subsection: 

‘‘(b) PUBLIC REPORT ON ACCEPTED GIFTS.— 

In each Annual Report of the Library of Congress, the Librarian of Congress shall include 

a description of each gift or bequest accepted 

under this section during the year involved 

which is valued at $1,000 or more.’’. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

California (Mr. DANIEL E. LUNGREN) 

and the gentleman from Pennsylvania 

(Mr. BRADY) each will control 20 minutes. 

The Chair recognizes the gentleman 

from California. 

GENERAL LEAVE

Mr. DANIEL E. LUNGREN of California. I ask unanimous consent that 

all Members have 5 legislative days to 

revise and extend their remarks. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

Mr. DANIEL E. LUNGREN of California. I yield myself such time as I 

may consume. 

Mr. Speaker, I rise today in support 

of H.R. 6122 to revise the authority of 

the Librarian of Congress to accept 

gifts and bequests on behalf of the Library, and for other purposes. This bill 

simply authorizes the Librarian of Congress to accept nonmonetary gifts of 

securities, personal property valued at 

$25,000 or less, and voluntary and uncompensated personal services. The Librarian is required to disclose a description of each gift or bequest valued 

at $1,000 or more in the Annual Report 

of the Library of Congress. 

Over its history, the Library has been 

offered various types of donations that 

it has not had authority to accept. 

These would include donations of IT 

equipment, audiovisual equipment, and 

volunteer services outside of the American Folklife Center or the Center for 

the Book. While the Library is currently authorized to accept monetary 

gifts, this bill authorizes benevolent individuals to give back to the Library in 

other ways that would be beneficial to 

the Library’s mission and therefore to 

this Congress and to the United States. 

I would urge all my colleagues to 

support H.R. 6122, and I reserve the balance of my time. 

Mr. BRADY of Pennsylvania. I yield 

myself such time as I may consume. 

Mr. Speaker, I rise in support of legislation to authorize the Library of 

Congress to accept certain gifts on behalf of the Library. Expanding the Librarian’s authority to accept gifts 

other than money is in the best interests of the Library. Occasionally, the 

Library is offered gifts that would be 

beneficial but which the Librarian cannot today accept, such as voluntary 

personal services or vintage equipment 

needed to play old movies or audio recordings. 

Further, the bill authorizes the Librarian to accept gifts of marketable 

securities for immediate disbursement 

and other personal property valued at 

$25,000 or less. In this budgetary era, 

authority to accept and make good use 

of such donations will serve the Library well. 

Mr. Chairman, I yield back the balance of my time. 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I would ask all 

Members to support this bill, and I 

yield back the balance of my time. 

The SPEAKER pro tempore (Mr. 

HARRIS). The question is on the motion 

offered by the gentleman from California (Mr. DANIEL E. LUNGREN) that 

the House suspend the rules and pass 

the bill, H.R. 6122. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, on that I demand 

the yeas and nays. 


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September 10, 2012 CONGRESSIONAL RECORD — HOUSE H5743 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

b 1700 

DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN 

COMMITTEE DISBURSEMENTS IN 

EVENT OF DEATH OF CANDIDATE 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to suspend 

the rules and pass 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. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 406 

Be it enacted by the Senate and House of 

Representatives of the United States of America 

in Congress assembled, 

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 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. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

California (Mr. DANIEL E. LUNGREN) 

and the gentleman from Pennsylvania 

(Mr. BRADY) each will control 20 minutes. 

The Chair recognizes the gentleman 

from California. 

GENERAL LEAVE

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous 

consent that all Members have 5 legislative days to revise and extend their 

remarks on this bill. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from California? 

There was no objection. 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 

time as I may consume. 

Mr. Speaker, this legislation was introduced by our colleague, Congressman WALTER JONES. It simply amends 

the Federal Elections Campaign Act of 

1971 to permit candidates for election 

for Federal office to designate an individual who would be authorized to disburse campaign funds in the event of 

the death of the candidate. 

Every private citizen who decides to 

become a candidate for public office is 

driven by issues that inspire and motivate them to want to serve. Often 

those issues outlive the individuals 

who champion their ideals. 

This bill will ensure that every Federal candidate will have the opportunity to appoint a trusted individual 

to distribute campaign funds in the 

event they die. 

I urge my colleagues to support H.R. 

406, and I reserve the balance of my 

time. 

Mr. BRADY of Pennsylvania. Mr. 

Speaker, I yield myself such time as I 

may consume. 

Mr. Speaker, I support this bill to 

allow a candidate for Federal office to 

designate someone to disburse his or 

her unspent campaign funds in the 

event of the candidate’s death. Under 

this bill, a Federal candidate could designate another person by filing the appropriate form with the FEC and could 

revoke or change the designation at 

any time. 

The bill allows the candidate to designate a second individual to carry out 

the duties and wishes of the candidate, 

within the limits of the law, should the 

first designee die or become unable to 

perform these duties. H.R. 406 further 

allows candidates to provide instructions for distribution of campaign 

funds as allowed by law. 

H.R. 406 is designed to help campaign 

treasurers facing conflicting State laws 

in cases where Federal candidates die 

leaving unspent balances in their campaign treasuries, which happens from 

time to time. This measure offers a 

commonsense improvement to the Federal Election Campaign Act to deal 

with this situation. 

The House has passed similar legislation before, and I urge our Members to 

support it again. I pledge to my friend, 

Mr. JONES from North Carolina, that I 

will do whatever I can in my power, 

and I know my chairman will, too, to 

make sure the Senate does take this up 

so we can pass it into law. 

I yield back the balance of my time. 

Mr. DANIEL E. LUNGREN of California. Mr. Speaker, at this time, I 

would yield 4 minutes to the gentleman 

from North Carolina (Mr. JONES), a distinguished member on the Committee 

on Armed Services and the Committee 

on Financial Services. 

Mr. JONES. Thank you, Mr. Chairman and Ranking Member BRADY. I 

want to thank you all for bringing this 

bill back to the floor of the House. 

This came to my attention—I would 

not have had any idea that if a candidate or an incumbent running as a 

candidate would die in office that their 

family would not decide how to disburse the money. It would go back to 

the treasurer of the campaign. And in 

cases, many times, that is probably 

what the family would want anyway. 

But what I found out with my own father who served here 26 years, and he 

died in office, was that it does create a 

problem. If the family has the authority to make the recommendation as to 

how to disburse the proceeds, it just 

makes for a very satisfactory time in a 

very difficult time when a family member dies. 

So to Mr. LUNGREN and Mr. BRADY, 

thank you very much for bringing this 

bill to the floor of the House again. All 

this is is a simple change so that the 

candidate for Federal office can determine that he would like to have or she 

would like to have a person other than 

the treasurer to disburse the funds. 

If we pass this bill today, I want to 

ask my friend, Mr. BRADY, to help me 


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