an election for the office of President), the person 
making the covered expenditure was directly or indi-
rectly established, maintained, controlled, or prin-
cipally funded by the candidate, an immediate family 
member of the candidate, the committee, or party. 
For purposes of the previous sentence, an ‘imme-
diate family member’ means, with respect to a can-
didate, a father, mother, son, daughter, brother, sis-
ter, spouse, domestic partner, father-in-law, or 
mother-in-law. 
‘‘(3) During the 2-year period ending on the 
date the covered expenditure is made (in the case of 
a candidate or committee for an election for any 
other Federal office or any political party) or during 
the election cycle in which the covered expenditure 
is made (in the case of a candidate or committee for 
an election for the office of President), the can-
didate, the committee, or political party solicited 
funds for, provided nonpublic fundraising informa-
tion or strategy to, appeared as a speaker or fea-
tured guest at a fundraiser for, or gave permission 
to be featured in fundraising efforts for, the person 
making the covered expenditure. The previous sen-
tence does not apply if the person making the cov-
ered expenditure is an organization described in sec-
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kjohnson on DSK79L0C42 with BILLS
tion 501(c)(3) of the Internal Revenue Code of 1986 
and exempt from taxation under section 501(a) of 
such Code. 
‘‘(4) The covered expenditure is made on the 
basis of non-public information about the can-
didate’s, committee’s, or political party’s campaign 
needs or plans that the candidate, committee, or po-
litical party provided directly or indirectly to the per-
son making the covered expenditure, including infor-
mation about campaign messaging, strategy, fund-
raising, planned expenditures, or polling data. The 
previous sentence does not apply to communications 
between the person making the covered expenditure 
and the candidate, committee, or political party sole-
ly for the purpose of either engaging in discussions 
regarding the person’s position on a policy matter or 
regarding whether the person will endorse the can-
didate or party, so long as such communications do 
not include any nonpublic information about the 
candidate’s, committee’s, or party’s campaign needs 
or plans. 
‘‘(5)(A) During the 2-year period ending on the 
date the covered expenditure is made (in the case of 
a candidate or committee for an election for any 
other Federal office or any political party) or during 
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the election cycle in which the covered expenditure 
is made (in the case of a candidate or committee for 
an election for the office of President), the person 
making the covered expenditure employed or other-
wise retained the services (other than accounting or 
legal services) of a person who, at any point during 
that cycle or two-year period— 
‘‘(i) had executive or managerial authority 
for the candidate, committee, or party, whether 
paid or unpaid; 
‘‘(ii) was authorized to raise or expend 
funds for the candidate, committee, or party 
and had nonpublic information from the can-
didate, committee, or party about the can-
didate’s, committee’s or party’s campaign’s 
needs or plans; or 
‘‘(iii) provided the candidate, committee, or 
party with professional services (other than ac-
counting or legal services) related to campaign 
or fundraising strategy. 
‘‘(B) Subparagraph (A) does not apply with re-
spect to a person employed or otherwise retained by 
a person making a covered expenditure if, at the 
time the person who was so employed or retained ex-
ercised the authority or provided the services de-
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scribed in clauses (i) through (iii) of such subpara-
graph, the person making the covered expenditure 
had in effect a firewall policy which meets the re-
quirements of subsection (d). 
‘‘(c) COVERED EXPENDITURES.— 
‘‘(1) CANDIDATES AND AUTHORIZED COMMIT-
TEES.—For purposes of this section, the term ‘cov-
ered expenditure’ means, with respect to a candidate 
or an authorized committee of a candidate, any of 
the following: 
‘‘(A) An expenditure for a public commu-
nication (as defined in section 301(22)) 
which— 
‘‘(i) expressly advocates for the nomi-
nation or election of the candidate or for 
the defeat of an opponent of the candidate 
(or contains the functional equivalent of 
express advocacy); 
‘‘(ii) promotes or supports the can-
didate, or attacks or opposes an opponent 
of the candidate (regardless of whether the 
communication expressly advocates the 
election or defeat of a candidate or con-
tains the functional equivalent of express 
advocacy); or 
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‘‘(iii) refers to the candidate or an op-
ponent of the candidate but is not de-
scribed in clause (i) or clause (ii), but only 
if, during the period which begins 120 days 
before the date of the primary election for 
the office involved and ends on the date of 
the general election for such office (or, if 
necessary, the date of a runoff election fol-
lowing such general election), the commu-
nication is disseminated in the jurisdiction 
of the office the candidate is seeking. 
‘‘(B) An expenditure to pay for partisan 
voter activity (such as partisan voter registra-
tion, get-out-the-vote activity, phone banking, or 
generic campaign activity) in the jurisdiction of 
the office the candidate is seeking. 
‘‘(C) An expenditure to pay for research, 
design or production costs, polling expenses, 
data analytics, creating or purchasing mailing 
or social media lists, or other activities related 
to the expenditures described in subparagraphs 
(A) or (B). 
‘‘(2) POLITICAL PARTIES.—For purposes of this 
section, the term ‘covered expenditure’ means, with 
respect to a political party, any of the following: 
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‘‘(A) An expenditure for a public commu-
nication (as defined in section 301(22)) 
which— 
‘‘(i) expressly advocates for the nomi-
nation or election of a candidate of the 
party or for the defeat of an opponent of 
a candidate of the party, including a com-
munication which expressly advocates ge-
nerically for the election of candidates of 
the party or for the defeat of opponents of 
candidates of the party (or contains the 
functional equivalent of express advocacy); 
‘‘(ii) promotes or supports a candidate 
of the party, or attacks or opposes an op-
ponent of a candidate of the party (regard-
less of whether the communication ex-
pressly advocates the election or defeat of 
a candidate or contains the functional 
equivalent of express advocacy); or 
‘‘(iii) refers to a candidate of the 
party or an opponent of a candidate of the 
party but is not described in clause (i) or 
clause (ii), but only if, during the period 
which begins 120 days before the date of 
the primary election for the office involved 
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