IIB 

111TH CONGRESS 

1ST SESSION H. R. 749 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2009 

Received; read twice and referred to the Committee on Rules and 

Administration 

AN ACT 

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. 

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


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1 SECTION 1. DESIGNATION OF INDIVIDUAL AUTHORIZED TO 

2 MAKE CAMPAIGN COMMITTEE DISBURSE3 MENTS IN EVENT OF DEATH OF CANDIDATE. 

4 (a) IN GENERAL.—Section 302 of the Federal Elec5 tion Campaign Act of 1971 (2 U.S.C. 432) is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(j)(1) Each candidate may, with respect to each au8 thorized committee of the candidate, designate an indi9 vidual who shall be responsible for disbursing funds in the 

10 accounts of the committee in the event of the death of 

11 the candidate, and may also designate another individual 

12 to carry out the responsibilities of the designated indi13 vidual under this subsection in the event of the death or 

14 incapacity of the designated individual or the unwilling15 ness of the designated individual to carry out the respon16 sibilities. 

17 ‘‘(2) In order to designate an individual under this 

18 subsection, the candidate shall file with the Commission 

19 a signed written statement (in a standardized form devel20 oped by the Commission) that contains the name and ad21 dress of the individual and the name of the authorized 

22 committee for which the designation shall apply, and that 

23 may contain the candidate’s instructions regarding the 

24 disbursement of the funds involved by the individual. At 

25 any time after filing the statement, the candidate may re26 voke the designation of an individual by filing with the 


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1 Commission a signed written statement of revocation (in 

2 a standardized form developed by the Commission). 

3 ‘‘(3) Upon the death of a candidate who has des4 ignated an individual for purposes of paragraph (1), funds 

5 in the accounts of each authorized committee of the can6 didate may be disbursed only under the direction and in 

7 accordance with the instructions of such individual, sub8 ject to the terms and conditions applicable to the disburse9 ment of such funds under this Act or any other applicable 

10 Federal or State law (other than any provision of State 

11 law which authorizes any person other than such indi12 vidual to direct the disbursement of such funds). 

13 ‘‘(4) Nothing in paragraph (3) may be construed to 

14 grant any authority to an individual who is designated 

15 pursuant to this subsection other than the authority to 

16 direct the disbursement of funds as provided in such para17 graph, or may be construed to affect the responsibility of 

18 the treasurer of an authorized committee for which funds 

19 are disbursed in accordance with such paragraph to file 

20 reports of the disbursements of such funds under section 

21 304(a).’’. 

22 (b) INCLUSION OF DESIGNATION IN STATEMENT OF

23 ORGANIZATION OF COMMITTEE.—Section 303(b) of the 

24 Federal Election Campaign Act of 1971 (2 U.S.C. 433(b)) 

25 is amended— 


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1 (1) in paragraph (5), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (6), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(7) in the case of an authorized committee of 

8 a candidate who has designated an individual under 

9 section 302(j) (including a second individual des10 ignated to carry out the responsibilities of that indi11 vidual under such section in the event of that indi12 vidual’s death or incapacity or unwillingness to carry 

13 out the responsibilities) to disburse funds from the 

14 accounts of the committee in the event of the death 

15 of the candidate, a copy of the statement filed by the 

16 candidate with the Commission under such section 

17 (as well as a copy of any subsequent statement of 

18 revocation filed by the candidate with the Commis19 sion under such section).’’. 

20 SEC. 2. EFFECTIVE DATE. 

21 The amendments made by this Act shall apply with 

22 respect to authorized campaign committees which are des23 ignated under section 302(e)(1) of the Federal Election 


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1 Campaign Act of 1971 before, on, or after the date of the 

2 enactment of this Act. 

Passed the House of Representatives April 22, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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