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. 

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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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H5744 CONGRESSIONAL RECORD — HOUSE September 10, 2012 

with the Senate, and I’ll reach out to 

the Republicans and maybe he can 

reach out to the Democrats and get 

this bill through because it is the right 

thing to do for the family in that tragic situation that can happen to any of 

us. 

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

time as I may consume. 

Mr. Speaker, I want to make it very, 

very clear: this does not change the 

law that the campaign funds would 

have to be used for a charitable purpose or for a political purpose, that is, 

to a party or candidate. It doesn’t 

change that at all. It just changes the 

person who would have the decisionmaking responsibility. And since this 

is a situation where a Member or someone running for office would die, those 

funds, in some cases, would probably— 

the candidate would have wished them 

to go to a particular charity or series 

of charities. And this would ensure 

that those people who know best the 

candidate and know what his or her desires would be would make that determination. 

But it does not in any way change it 

so that it could be used for personal 

purposes by the family or anybody else 

designated. It would still have to go to 

those legitimate legal purposes for 

which campaign funds are limited. It 

would do nothing more than change 

the person who would make that determination, and we have a real-life experience of that occurring, and that is 

why I support this very strongly. It has 

been supported strongly in the House 

before; and if we can get the attention 

of our friends on the other side of the 

Capitol, we can make this happen, and 

I think it would be a good, good thing. 

So with that, I would urge my colleagues to support this legislation, and 

I yield back the balance of my time. 

Mr. GINGREY of Georgia. Mr. Speaker, I 

rise today in support of H.R. 406, a bill to 

amend the Federal Election Campaign Act of 

1971 to permit candidates for Federal office to 

designate an individual to disburse the campaign funds of the candidate in the event of 

the candidate’s death, authored by my colleague from North Carolina, WALTER JONES. 

Unfortunately, he has personally experienced the situation that this legislation is attempting to remedy when his father—a 14 

term member of this body—passed away and 

questions arose as to what to do with remaining campaign funds. 

Current law authorizes the campaign treasurer to disperse campaign funds but does not 

give instruction on how those funds should be 

spent in the event of a candidate’s death. 

Mr. Speaker, H.R. 406 is a common-sense 

solution to resolving this potentially complex 

issue. I was proud to support the legislation 

when it came before the Committee on House 

Administration, and I urge all of my colleagues 

to support it today. 

The SPEAKER pro tempore. 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. 406. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill was 

passed. 

A motion to reconsider was laid on 

the table. 

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FUNDING TO ENSURE PRODUCTION 

OF AUTHORIZED NUMBER OF 

COPIES OF REVISED VERSION OF 

‘‘HISPANIC AMERICANS IN CONGRESS’’ 

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

the rules and agree to the concurrent 

resolution (H. Con. Res. 132) providing 

funding to ensure the printing and production of the authorized number of 

copies of the revised and updated 

version of the House document entitled 

‘‘Hispanic Americans in Congress,’’ and 

for other purposes. 

The Clerk read the title of the concurrent resolution. 

The text of the concurrent resolution 

is as follows: 

H. CON. RES. 132 

Resolved by the House of Representatives (the 

Senate concurring), 

SECTION 1. FUNDING TO ENSURE PRODUCTION 

OF AUTHORIZED NUMBER OF COPIES OF REVISED VERSION OF ‘‘HISPANIC AMERICANS IN CONGRESS’’. 

Notwithstanding section 2(b) of House Concurrent Resolution 90, One Hundred Seventh 

Congress (agreed to December 7, 2001), in 

printing the updated version of House Document 103–299, entitled ‘‘Hispanic Americans 

in Congress’’ (as revised by the Library of 

Congress), the Public Printer shall print the 

maximum number of copies of such Document for which the total printing and production costs do not exceed an amount equal 

to the amount provided for under such section, increased by $700,000. 

SEC. 2. ELECTRONIC PUBLICATION OF CERTAIN 

HOUSE DOCUMENTS. 

(a) ELECTRONIC PUBLICATION.—Upon request of the Committee on House Administration of the House of Representatives, the 

Public Printer shall publish and disseminate 

an electronic version of each of the House 

documents referred to in subsection (b), 

under the direction of the Committee. 

(b) DOCUMENTS DESCRIBED.—The House documents referred to in this subsection are as 

follows: 

(1) The updated version of House Document 

103–299, entitled ‘‘Hispanic Americans in 

Congress’’, as described in section 1. 

(2) House Document 108–223, entitled 

‘‘Women in Congress, 1917–2006’’. 

(3) House Document 108–224, entitled 

‘‘Black Americans in Congress, 1870–2007’’. 

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. 

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, I rise today in support 

of House Concurrent Resolution 132, 

providing funding to ensure the printing and production of the authorized 

number of copies of the revised and updated version of the House document 

entitled ‘‘Hispanic Americans in Congress.’’ 

The previous authorization from the 

107th Congress did not authorize sufficient funds to make available to Members the same number of copies as the 

previous publications of ‘‘Black Americans in Congress’’ and ‘‘Women in Congress.’’ Additionally, the resolution 

also authorizes the electronic publication of ‘‘Hispanic Americans in Congress,’’ ‘‘Women in Congress,’’ and 

‘‘Black Americans in Congress,’’ thereby bringing us up to what is becoming 

more and more the way of publication, 

that is, by electronic means. 

This resolution will help to ensure 

that this valuable history will be available for future generations. I would 

urge my colleagues to support the resolution, 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 urge the House to 

adopt this resolution which the chairman has accurately described. Members who served in the 107th Congress 

will recall that in 2001 we authorized 

new additions of three congressional 

publications: ‘‘Women in Congress,’’ 

‘‘Black Americans in Congress,’’ and 

‘‘Hispanic Americans in Congress.’’ 

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The new editions of ‘‘Women in Congress’’ and ‘‘Black Americans in Congress’’ were distributed to Members, libraries, and others in 2007 pursuant to 

their respective authorizations. However, in the 11 years since we authorized the new edition of Hispanic Americans in Congress, circumstances have 

changed, including, I am delighted to 

say, the election of more Hispanics to 

serve in this House and the other body. 

This means the new edition will be 

larger than estimated, and the cost of 

printing the same number of copies of 

Hispanic Americans will likely be larger. 

As I urge adoption of this resolution, 

I wish to thank the Clerk, who worked 

on this revised edition, and the dedicated men and women of the Government Printing Office, who procure the 

volumes for their fine work. 

The new editions of ‘‘Women in Congress’’ and ‘‘Black Americans in Congress’’ are useful, high-quality reference volumes of great value to students, historians, and us. I am certain 

the new edition of ‘‘Hispanic Americans in Congress’’ will similarly be 

well received when published and distributed in the coming months. 

Mr. Chairman, I reserve the balance 

of my time. 


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