[Congressional Record Volume 155, Number 59 (Wednesday, April 22, 2009)]
[House]
[Pages H4594-H4595]
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

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 749) 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. 749

       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.


[[Page H4595]]



                              {time}  1100

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and the gentleman from California (Mr. 
McCarthy) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. Mr. Speaker I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and to include extraneous matter on the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself as much time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 749, a bill to amend the 
Federal Election Campaign Act. This bill will allow Federal election 
candidates to designate someone to disburse their campaign funds in the 
event of their death. The candidate would simply file an appropriate 
form with the FEC and could also revoke or change the designee at any 
time.
  H.R. 749 will assure candidates for Federal office that the funds 
raised by their campaign committees will be distributed in accordance 
with their express wishes after they are deceased.
  H.R. 749 is a commonsense fix to the Federal Election Campaign Act. 
It would provide clear direction to campaign treasurers, who face a 
wide range of conflicting and confusing State laws. I urge all Members 
to support this legislation.
  I reserve the balance of my time.
  Mr. McCARTHY of California. Mr. Speaker, I yield myself as much time 
as I may consume.
  I am pleased to support H.R. 749, which will permit each Federal 
candidate to designate an individual who, in the event of the 
candidate's death, will be authorized to make arrangements for the 
disbursement of campaign funds.
  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 campaign for 
their ideals.
  This bill will ensure that every Federal candidate will have the 
opportunity to appoint a trusted individual to distribute campaign 
funds after they have passed. I urge my colleagues to support H.R. 749.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I reserve the balance of my 
time.
  Mr. McCARTHY of California. Mr. Speaker, I yield as much time as he 
may consume to the author, the distinguished gentleman from North 
Carolina (Mr. Jones).
  Mr. JONES. I want to thank the chairman and the ranking member for 
reintroducing this bill and moving it to the floor. Last year we passed 
this bill at the end of the session, and it went over to the Senate, 
and the Senate did not have enough time to move the bill.
  It has been explained by Chairman Brady and Mr. McCarthy the 
importance of this bill. There are times in a person's public life that 
they don't think about the time that they might be called by God. And 
this happened to my father, as a matter of fact.
  I am going to explain the story with my father, just bring it to an 
end from my standpoint of why I introduced this bill, to help other 
candidates who are running for office, to help incumbents, as both have 
said before me.
  My father finished his 26 years in the United States House of 
Representatives in 1993, and he actually died that year, in the fall of 
that year. And as we found out, he was one of the last Members of 
Congress that could actually take the campaign account and use it for 
personal reasons.
  As explained by the chairman, Mr. McCarthy, that has changed. Now 
those funds can be disbursed, given to a charity, can be given to a 
political party or whatever the individual decides to do.
  Well, in my father's situation, the treasurer, a wonderful man, Tom 
Parrish, a lawyer who was handling my father's campaign account when my 
father passed, then the attorney in Farmville, North Carolina, where I 
am from, where my father was from, the attorney who was handling the 
estate called the treasurer and said we need to transfer those funds to 
Congressman Walter Jones, Sr.'s account. And the treasurer said, no, 
this cannot happen. By law, I am responsible for the disbursement and 
I, by law, cannot transfer the moneys. Anyway, it was resolved.
  Now, as we know has been stated, that the campaign account, should a 
Member of Congress, the United States House or Senate pass on, then the 
Treasury would be responsible for disbursing those moneys. What this 
bill would do is allow that candidate or incumbent, sitting Member of 
the Congress, should that person be called by God, that then the family 
member that they designate will be able--or a friend, it could be a 
friend, but the family member would be able to be disburse those moneys 
knowing the wishes of that individual.
  And I want to thank the chairman again, I want to thank Mr. McCarthy 
on the floor today. I think this is a bill that really will make it 
easy for a family should that Member die while he or she is serving in 
the United States House or Senate or be a candidate.
  So, Mr. Chairman, I want to thank you very much for moving this bill 
again. I am going to work the Senate if this should pass the House.
  Mr. McCARTHY of California. I have no other speakers. I would just 
like to thank the gentleman for his work. I yield back the balance of 
my time.
  Mr. BRADY of Pennsylvania. I would also like to thank Walter Jones 
for this make-sense resolution. I am in favor of this resolution and 
urge an ``aye'' vote.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the bill, H.R. 749.
  The question was taken; and (two-thirds 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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