I 

117TH CONGRESS 

1ST SESSION H. R. 1172 

To amend the Federal Election Campaign Act to clarify the treatment of 

coordinated expenditures as contributions made to candidates under such 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. PRICE of North Carolina introduced the following bill; which was referred 

to the Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act to clarify 

the treatment of coordinated expenditures as contributions made to candidates under such Act, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Super PAC–Can5 didate Coordination Act’’. 


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1 SEC. 2. CLARIFICATION OF TREATMENT OF COORDINATED 

2 EXPENDITURES AS CONTRIBUTIONS TO CAN3 DIDATES. 

4 (a) TREATMENT AS CONTRIBUTION TO CAN5 DIDATE.—Section 301(8)(A) of the Federal Election Cam6 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

7 (1) by striking ‘‘or’’ at the end of clause (i); 

8 (2) by striking the period at the end of clause 

9 (ii) and inserting ‘‘; or’’; and 

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

11 clause: 

12 ‘‘(iii) any payment made by any person 

13 (other than a candidate, an authorized com14 mittee of a candidate, or a political committee 

15 of a political party) for a coordinated expendi16 ture (as such term is defined in section 325) 

17 which is not otherwise treated as a contribution 

18 under clause (i) or clause (ii).’’. 

19 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

20 30101 et seq.) is amended by adding at the end the fol21 lowing new section: 

22 ‘‘SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. 

23 ‘‘(a) COORDINATED EXPENDITURES.— 

24 ‘‘(1) IN GENERAL.—For purposes of section 

25 301(8)(A)(iii), the term ‘coordinated expenditure’ 

26 means— 


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1 ‘‘(A) any expenditure, or any payment for 

2 a covered communication described in sub3 section (d), which is made in cooperation, con4 sultation, or concert with, or at the request or 

5 suggestion of, a candidate, an authorized com6 mittee of a candidate, a political committee of 

7 a political party, or agents of the candidate or 

8 committee, as defined in subsection (b); or 

9 ‘‘(B) any payment for any communication 

10 which republishes, disseminates, or distributes, 

11 in whole or in part, any video or broadcast or 

12 any written, graphic, or other form of campaign 

13 material prepared by the candidate or com14 mittee or by agents of the candidate or com15 mittee (including any excerpt or use of any 

16 video from any such broadcast or written, 

17 graphic, or other form of campaign material). 

18 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

19 COMMUNICATIONS.—A payment for a communication 

20 (including a covered communication described in 

21 subsection (d)) shall not be treated as a coordinated 

22 expenditure under this subsection if— 

23 ‘‘(A) the communication appears in a news 

24 story, commentary, or editorial distributed 

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1 tion, newspaper, magazine, or other periodical 

2 publication, unless such facilities are owned or 

3 controlled by any political party, political com4 mittee, or candidate; or 

5 ‘‘(B) the communication constitutes a can6 didate debate or forum conducted pursuant to 

7 regulations adopted by the Commission pursu8 ant to section 304(f)(3)(B)(iii), or which solely 

9 promotes such a debate or forum and is made 

10 by or on behalf of the person sponsoring the de11 bate or forum. 

12 ‘‘(b) COORDINATION DESCRIBED.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, a payment is made ‘in cooperation, consulta15 tion, or concert with, or at the request or suggestion 

16 of,’ a candidate, an authorized committee of a can17 didate, a political committee of a political party, or 

18 agents of the candidate or committee, if the pay19 ment, or any communication for which the payment 

20 is made, is not made entirely independently of the 

21 candidate, committee, or agents. For purposes of the 

22 previous sentence, a payment or communication not 

23 made entirely independently of the candidate or 

24 committee includes any payment or communication 

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1 standing with, or pursuant to any communication 

2 with, the candidate, committee, or agents about the 

3 payment or communication. 

4 ‘‘(2) NO FINDING OF COORDINATION BASED

5 SOLELY ON SHARING OF INFORMATION REGARDING

6 LEGISLATIVE OR POLICY POSITION.—For purposes 

7 of this section, a payment shall not be considered to 

8 be made by a person in cooperation, consultation, or 

9 concert with, or at the request or suggestion of, a 

10 candidate or committee, solely on the grounds that 

11 the person or the person’s agent engaged in discus12 sions with the candidate or committee, or with any 

13 agent of the candidate or committee, regarding that 

14 person’s position on a legislative or policy matter 

15 (including urging the candidate or committee to 

16 adopt that person’s position), so long as there is no 

17 communication between the person and the can18 didate or committee, or any agent of the candidate 

19 or committee, regarding the candidate’s or commit20 tee’s campaign advertising, message, strategy, pol21 icy, polling, allocation of resources, fundraising, or 

22 other campaign activities. 

23 ‘‘(3) NO EFFECT ON PARTY COORDINATION

24 STANDARD.—Nothing in this section shall be con25 strued to affect the determination of coordination 


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1 between a candidate and a political committee of a 

2 political party for purposes of section 315(d). 

3 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE4 WALL.—A person shall be determined to have made 

5 a payment in cooperation, consultation, or concert 

6 with, or at the request or suggestion of, a candidate 

7 or committee, in accordance with this section with8 out regard to whether or not the person established 

9 and used a firewall or similar procedures to restrict 

10 the sharing of information between individuals who 

11 are employed by or who are serving as agents for the 

12 person making the payment. 

13 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

14 COVERED COMMUNICATIONS.— 

15 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON16 SULTATION, OR CONCERT WITH CANDIDATES.—For 

17 purposes of subsection (a)(1)(A), if the person who 

18 makes a payment for a covered communication, as 

19 defined in subsection (d), is a coordinated spender 

20 under paragraph (2) with respect to the candidate 

21 as described in subsection (d)(1), the payment for 

22 the covered communication is made in cooperation, 

23 consultation, or concert with the candidate. 

24 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

25 purposes of this subsection, the term ‘coordinated 


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1 spender’ means, with respect to a candidate or an 

2 authorized committee of a candidate, a person (other 

3 than a political committee of a political party) for 

4 which any of the following applies: 

5 ‘‘(A) During the 4-year period ending on 

6 the date on which the person makes the pay7 ment, the person was directly or indirectly 

8 formed or established by or at the request or 

9 suggestion of, or with the encouragement of, 

10 the candidate (including an individual who later 

11 becomes a candidate) or committee or agents of 

12 the candidate or committee, including with the 

13 approval of the candidate or committee or 

14 agents of the candidate or committee. 

15 ‘‘(B) The candidate or committee or any 

16 agent of the candidate or committee solicits 

17 funds, appears at a fundraising event, or en18 gages in other fundraising activity on the per19 son’s behalf during the election cycle involved, 

20 including by providing the person with names of 

21 potential donors or other lists to be used by the 

22 person in engaging in fundraising activity, re23 gardless of whether the person pays fair market 

24 value for the names or lists provided. For pur25 poses of this subparagraph, the term ‘election 


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1 cycle’ means, with respect to an election for 

2 Federal office, the period beginning on the day 

3 after the date of the most recent general elec4 tion for that office (or, if the general election 

5 resulted in a runoff election, the date of the 

6 runoff election) and ending on the date of the 

7 next general election for that office (or, if the 

8 general election resulted in a runoff election, 

9 the date of the runoff election). 

10 ‘‘(C) The person is established, directed, or 

11 managed by the candidate or committee or by 

12 any person who, during the 4-year period end13 ing on the date on which the person makes the 

14 payment, has been employed or retained as a 

15 political, campaign media, or fundraising ad16 viser or consultant for the candidate or com17 mittee or for any other entity directly or indi18 rectly controlled by the candidate or committee, 

19 or has held a formal position with the candidate 

20 or committee (including a position as an em21 ployee of the office of the candidate at any time 

22 the candidate held any Federal, State, or local 

23 public office during the 4-year period). 

24 ‘‘(D) The person has retained the profes25 sional services of any person who, during the 2- 


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1 year period ending on the date on which the 

2 person makes the payment, has provided or is 

3 providing professional services relating to the 

4 campaign to the candidate or committee, with5 out regard to whether the person providing the 

6 professional services used a firewall. For pur7 poses of this subparagraph, the term ‘profes8 sional services’ includes any services in support 

9 of the candidate’s or committee’s campaign ac10 tivities, including advertising, message, strat11 egy, policy, polling, allocation of resources, 

12 fundraising, and campaign operations, but does 

13 not include accounting or legal services. 

14 ‘‘(E) The person is established, directed, or 

15 managed by a member of the immediate family 

16 of the candidate, or the person or any officer or 

17 agent of the person has had more than inci18 dental discussions about the candidate’s cam19 paign with a member of the immediate family 

20 of the candidate. For purposes of this subpara21 graph, the term ‘immediate family’ has the 

22 meaning given such term in section 9004(e) of 

23 the Internal Revenue Code of 1986. 

24 ‘‘(d) COVERED COMMUNICATION DEFINED.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, the term ‘covered communication’ means, with 

3 respect to a candidate or an authorized committee of 

4 a candidate, a public communication (as defined in 

5 section 301(22)) which— 

6 ‘‘(A) expressly advocates the election of the 

7 candidate or the defeat of an opponent of the 

8 candidate (or contains the functional equivalent 

9 of express advocacy); 

10 ‘‘(B) promotes or supports the election of 

11 the candidate, or attacks or opposes the election 

12 of an opponent of the candidate (regardless of 

13 whether the communication expressly advocates 

14 the election or defeat of a candidate or contains 

15 the functional equivalent of express advocacy); 

16 or 

17 ‘‘(C) refers to the candidate or an oppo18 nent of the candidate but is not described in 

19 subparagraph (A) or subparagraph (B), but 

20 only if the communication is disseminated dur21 ing the applicable election period. 

22 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para23 graph (1)(C), the ‘applicable election period’ with re24 spect to a communication means— 


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1 ‘‘(A) in the case of a communication which 

2 refers to a candidate in a general, special, or 

3 runoff election, the 120-day period which ends 

4 on the date of the election; or 

5 ‘‘(B) in the case of a communication which 

6 refers to a candidate in a primary or preference 

7 election, or convention or caucus of a political 

8 party that has authority to nominate a can9 didate, the 60-day period which ends on the 

10 date of the election or convention or caucus. 

11 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN12 VOLVING CONGRESSIONAL CANDIDATES.—For pur13 poses of this subsection, a public communication 

14 shall not be considered to be a covered communica15 tion with respect to a candidate for election for an 

16 office other than the office of President or Vice 

17 President unless it is publicly disseminated or dis18 tributed in the jurisdiction of the office the can19 didate is seeking. 

20 ‘‘(e) PENALTY.— 

21 ‘‘(1) DETERMINATION OF AMOUNT.—Any per22 son who knowingly and willfully commits a violation 

23 of this Act by making a contribution which consists 

24 of a payment for a coordinated expenditure shall be 

25 fined an amount equal to the greater of— 


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1 ‘‘(A) in the case of a person who makes a 

2 contribution which consists of a payment for a 

3 coordinated expenditure in an amount exceeding 

4 the applicable contribution limit under this Act, 

5 300 percent of the amount by which the 

6 amount of the payment made by the person ex7 ceeds such applicable contribution limit; or 

8 ‘‘(B) in the case of a person who is prohib9 ited under this Act from making a contribution 

10 in any amount, 300 percent of the amount of 

11 the payment made by the person for the coordi12 nated expenditure. 

13 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di14 rector, manager, or officer of a person who is subject 

15 to a penalty under paragraph (1) shall be jointly and 

16 severally liable for any amount of such penalty that 

17 is not paid by the person prior to the expiration of 

18 the 1-year period which begins on the date the Com19 mission imposes the penalty or the 1-year period 

20 which begins on the date of the final judgment fol21 lowing any judicial review of the Commission’s ac22 tion, whichever is later.’’. 

23 (c) EFFECTIVE DATE.— 

24 (1) REPEAL OF EXISTING REGULATIONS ON CO25 ORDINATION.—Effective upon the expiration of the 


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1 90-day period which begins on the date of the enact2 ment of this Act— 

3 (A) the regulations on coordinated commu4 nications adopted by the Federal Election Com5 mission which are in effect on the date of the 

6 enactment of this Act (as set forth in 11 CFR 

7 Part 109, Subpart C, under the heading ‘‘Co8 ordination’’) are repealed; and 

9 (B) the Federal Election Commission shall 

10 promulgate new regulations on coordinated 

11 communications which reflect the amendments 

12 made by this Act. 

13 (2) EFFECTIVE DATE.—The amendments made 

14 by this section shall apply with respect to payments 

15 made on or after the expiration of the 120-day pe16 riod which begins on the date of the enactment of 

17 this Act, without regard to whether or not the Fed18 eral Election Commission has promulgated regula19 tions in accordance with paragraph (1)(B) as of the 

20 expiration of such period. 


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1 SEC. 3. CLARIFICATION OF BAN ON FUNDRAISING FOR 

2 SUPER PACS BY FEDERAL CANDIDATES AND 

3 OFFICEHOLDERS. 

4 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

6 is amended— 

7 (1) by striking ‘‘or’’ at the end of subparagraph 

8 (A); 

9 (2) by striking the period at the end of sub10 paragraph (B) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) solicit, receive, direct, or transfer 

14 funds to or on behalf of any political committee 

15 which accepts donations or contributions that 

16 do not comply with the limitations, prohibitions, 

17 and reporting requirements of this Act (or to or 

18 on behalf of any account of a political com19 mittee which is established for the purpose of 

20 accepting such donations or contributions), or 

21 to or on behalf of any political organization 

22 under section 527 of the Internal Revenue Code 

23 of 1986 which accepts such donations or con24 tributions (other than a committee of a State or 

25 local political party or a candidate for election 

26 for State or local office).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to elections occur3 ring after January 1, 2022. 

Æ 


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