H. Rept. 110-602 - AMENDING 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 CANDIDATE110th Congress (2007-2008)
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-602
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AMENDING 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
_______
April 22, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following
R E P O R T
[To accompany H.R. 3032]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose of the Legislation
The purpose of H.R. 3032 is to permit candidates for
election to 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, and to provide instructions regarding the
disbursement of such funds by the designee. H.R. 3032 ensures
the prompt and orderly disbursement of campaign committee funds
in the event of the death of the candidate, notwithstanding any
conflicting provision of state law.
Summary of the Legislation
H.R. 3032 amends section 302 of the Federal Election
Campaign Act of 1971, by adding a section providing that a
candidate for Federal office may submit to the Federal Election
Commission a statement designating an individual to be
authorized to direct the disbursement of the funds of the
authorized campaign committees of the candidate in the event of
the death of the candidate, and may also provide instructions
regarding the disbursement of such funds. The Federal Election
Commission is directed to develop such forms as are necessary
to implement H.R. 3032.
Committee Consideration of the Legislation
INTRODUCTION & REFERRAL
On July 12, 2007, Mr. Jones of North Carolina introduced
H.R. 3032, which was referred to the Committee on House
Administration.
MARKUP
On April 2, 2008, the Committee on House Administration met
to mark up H.R. 3032. With a quorum present, the Committee
favorably reported H.R. 3032, as amended, by voice vote.
MATTERS REQUIRED UNDER THE RULES OF THE HOUSE
Committee Record Votes
Pursuant to clause 3(b) of rule XIII of the Rules of the
House of Representatives, the following statements are made
concerning the votes of the Committee on House Administration
in its consideration of the bill, H.R. 3032.
Ehlers amendment
The first amendment adopted by voice vote was offered by
Mr. Ehlers of Michigan, and provides that only a federal
candidate, by signed statement, may designate an individual to
be authorized to direct the disbursement of federal campaign
funds from the candidate's federal political committee in the
event of the death of the candidate.
Capuano amendment
The second amendment, by Mr. Capuano of Massachusetts, also
adopted by voice vote, provides that a candidate may designate
a second individual who will be authorized to disburse funds of
the authorized campaign committees of the candidate after the
death of the candidate, in the event that the primary designee
becomes unavailable or unwilling to carry out the
responsibilities.
Committee Oversight Findings
In compliance with clause 3(c)(1) rule XIII of the Rules of
the House of Representatives, the Committee states that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
General Performance Goals and Objectives
The Committee states, with respect to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, that
the goal and objective of H.R. 3032 is 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 designation and instructions provided by a
candidate under this provision shall continue in force until
the termination of the candidate's committee and the
disbursement of all of the committee's funds, unless the
candidate provides otherwise.
Constitutional Authority
In compliance with clause 3(d)(1) of rule XIII, the
Committee states that Article 1, Section 4 of the U.S.
Constitution grants Congress the authority to make law
governing the time, place and manner of holding federal
elections.
Earmark Identification
Pursuant to clause 9 of rule XXI, H.R. 3032 does not
include any congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any committee on a bill or joint
resolution to include a committee statement on the extent to
which the bill or joint resolution is intended to preempt state
or local law. H.R. 3032 is intended to preempt all state laws
to the contrary.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, the following estimate and comparison
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974:
April 11, 2008
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3032, a bill 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 a candidate.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 3032--A bill to amend the Federal Election Campaign Act of 1971 to
permit candidates for election to 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
H.R. 3032 would amend federal law to allow any candidate
for federal office the option of granting an individual the
responsibility of disbursing any campaign funds in the event of
the candidate's death. Under current law, that role lies with
the campaign treasurer. The Federal Election Commission (FEC)
would be responsible for regulating the process and registering
the information.
Based on information from the FEC and subject to the
availability of appropriated funds, CBO estimates that
implementing H.R. 3032 would cost the FEC about $500,000 in
2009. That amount includes one-time computer-related expenses
as well as the cost of formulating new regulations. In future
years, the legislation would increase general administrative
costs of the FEC, but we estimate those costs would not be
significant.
Enacting H.R. 3032 could affect federal revenues by
increasing collections of fines for violations of campaign
finance law. Such collections are recorded in the budget as
revenues and, in certain cases, may be spent without further
appropriation. CBO estimates any additional revenues and direct
spending under H.R. 3032 would be insignificant because of the
small number of anticipated violations.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FEDERAL ELECTION CAMPAIGN ACT OF 1971
* * * * * * *
TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
* * * * * * *
ORGANIZATION OF POLITICAL COMMITTEES
Sec. 302. (a) * * *
* * * * * * *
(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).
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
Sec. 303. (a) * * *
(b) The statement of organization of a political committee
shall include--
(1) * * *
* * * * * * *
(5) if the committee is authorized by a candidate,
the name, address, office sought, and party affiliation
of the candidate; [and]
(6) a listing of all banks, safety deposit boxes, or
other depositories used by the committee[.]; and
(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).
* * * * * * *
