[Congressional Record Volume 154, Number 116 (Tuesday, July 15, 2008)]
[House]
[Pages H6534-H6535]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PERMITTING DESIGNATION OF INDIVIDUAL TO DISBURSE CAMPAIGN FUNDS UPON 
                           CANDIDATE'S DEATH

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3032

       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 gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Michigan (Mr. 
Ehlers) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous matter in the Record on H.R. 3032.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I fully support H.R. 
3032, a bill to amend the Federal Election Campaign Act of 1971.
  This bill will allow Federal election candidates to designate someone 
to disburse their campaign funds in the event of their deaths. The 
Federal candidate would be able to designate this person by filing the 
appropriate form with the FEC and could also revoke or change the 
designee at that time.
  H.R. 3032 will assure candidates for Federal office that the funds 
raised by their campaign committees will be distributed only in 
accordance with their express wishes after they are deceased.
  H.R. 3032 is a commonsense fix to the Federal Election Campaign Act. 
It would provide clear direction to campaign treasurers who may be 
faced with a wide range of conflicting and confusing State laws.
  I urge all Members to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EHLERS. Mr. Speaker, I rise in support of H.R. 3032.
  This has an interesting history and it attracted my attention as soon 
as Mr. Jones spoke to me about it because I had worried myself about 
what might happen to my campaign funds if something should happen to 
me. And as a matter of fact, as I was getting wills prepared, I had an 
attorney draw up a letter that I might sign so I could designate who 
would be the person to make a decision about my remaining campaign 
funds.
  As you know, by law we are limited to certain dispositions of 
campaign funds, but the law does not specify how they must be disposed 
of and in what quantities. And when Mr. Jones approached me, I said, 
well, that's good because I solved it for myself, but we really should 
solve it for everyone.
  The bill, I think, is an excellent bill, which simply provides that 
each Federal candidate would be allowed to designate an individual who, 
in the event of the death of the candidate, would be authorized to make 
arrangements for the disbursement of campaign funds. He speaks from 
personal experience in his family, where his father passed away and 
there was some difficulty deciding how the funds should be disposed of, 
but also, all of us could face that possibility.
  Under current campaign laws, it is understood today that the 
treasurer can decide what to do with the money and hand it out willy-
nilly, whichever way he or she wishes, without any consultation with 
the family. We think it's very important that the candidate, him or 
herself, specify very clearly precisely how they want their campaign 
funds disbursed.
  Also, we have made an additional provision in this bill because it is 
very well possible that a candidate's position may change, or the 
person he has designated may have passed away, and therefore, a 
candidate may propose at any time or file with the FEC a statement at 
any time changing the designation that he or she as a candidate may 
have made earlier.

[[Page H6535]]

  We have given a lot of flexibility in this bill. Individuals, 
candidates, or Members are not required to file such a statement if 
they don't wish to, but we're simply giving them the option of doing so 
and of changing it at any time they wish in the future.
  At this point, Mr. Speaker, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. EHLERS. Mr. Speaker, I would like to recognize the author and 
sponsor of this bill, Representative Walter Jones, for as much time as 
he might consume.
  Mr. JONES of North Carolina. Mr. Speaker, I will be fairly brief.
  I want to thank Chairman Brady, Ranking Member Ehlers, Ms. Zoe 
Lofgren, and you, yourself, Mr. Chairman, for working on this 
legislation. It certainly is something that we don't think about, life 
and death, as much as maybe we should and be prepared. But it has been 
explained by Ms. Lofgren and Mr. Ehlers exactly what it does. So I want 
to quickly say that when my father, who served in the Congress 26 
years, passed away and we were trying to settle his estate, the 
treasurer of his account, an attorney, who didn't really want anything, 
but he said by law I'm responsible for the distribution of these 
monies. And so it came to me at that time that it should be made as 
easy for the family as possible when a loved one, if he or she is 
serving, or maybe a candidate should pass away in office, and it does 
happen, sadly, from time to time.
  So, again, in closing, I want to thank Mr. Ehlers and Mr. Brady and 
Ms. Lofgren for moving this bill to the floor of the House. And I hope 
one day that the President can sign this because it's what should be 
done for the family.
  Mr. EHLERS. Mr. Speaker, I simply want to commend Mr. Jones for 
writing this bill and submitting it. I'm very pleased that it has 
reached this point. I believe it is going to be very helpful to every 
Member of Congress, both in the House and the Senate, and I commend him 
for his work on this and I urge its passage.
  Mr. Speaker, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, as I have no additional 
speakers, I would just urge passage of this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the bill, H.R. 3032, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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