I 
113TH CONGRESS 
2D SESSION 
H. R. 5641 
To amend the Federal Election Campaign Act of 1971 to clarify the treatment 
of coordinated expenditures as contributions to candidates, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2014 
Mr. PRICE of North Carolina (for himself and Mr. VAN HOLLEN) introduced 
the following bill; which was referred to the Committee on House Admin-
istration 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
clarify the treatment of coordinated expenditures as con-
tributions to candidates, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CLARIFICATION OF TREATMENT OF COORDI-
NATED EXPENDITURES AS CONTRIBUTIONS 
TO CANDIDATES. 
(a) TREATMENT
AS
CONTRIBUTION
TO
CAN-
DIDATE.—Section 301(8)(A) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 30101(8)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
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(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) any payment made by any person 
(other than a candidate, an authorized com-
mittee of a candidate, or a political committee 
of a political party) for a coordinated expendi-
ture (as such term is defined in section 324) 
which is not otherwise treated as a contribution 
under clause (i) or clause (ii).’’. 
(b) DEFINITIONS.—Section 324 of such Act (2 
U.S.C. 30126) is amended to read as follows: 
‘‘SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES. 
‘‘(a) COORDINATED EXPENDITURES.— 
‘‘(1) IN
GENERAL.—For purposes of section 
301(8)(A)(iii), the term ‘coordinated expenditure’ 
means— 
‘‘(A) any expenditure, including a payment 
for a covered communication described in sub-
section (d), which is made in cooperation, con-
sultation, or concert with, or at the request or 
suggestion of, a candidate, an authorized com-
mittee of a candidate, a political committee of 
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a political party, or agents of the candidate or 
committee, as provided in subsection (b); or 
‘‘(B) any payment for any communication 
which republishes, disseminates, or distributes, 
in whole or in part, any broadcast or any writ-
ten, graphic, or other form of campaign mate-
rial prepared by the candidate or committee or 
by agents of the candidate or committee. 
‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN 
COMMUNICATIONS.—A payment for a communication 
(including a covered communication described in 
subsection (d) shall not be treated as a coordinated 
expenditure under this subsection if— 
‘‘(A) the communication appears in a news 
story, commentary, or editorial distributed 
through the facilities of any broadcasting sta-
tion, newspaper, magazine, or other periodical 
publication, unless such facilities are owned or 
controlled by any political party, political com-
mittee, or candidate; or 
‘‘(B) the communication constitutes a can-
didate debate or forum conducted pursuant to 
regulations adopted by the Commission pursu-
ant to section 304(f)(3)(B)(iii), or which solely 
promotes such a debate or forum and is made 
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by or on behalf of the person sponsoring the de-
bate or forum. 
‘‘(b) COORDINATION DESCRIBED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, a payment is made ‘in cooperation, consulta-
tion, or concert with, or at the request or suggestion 
of,’ a candidate, an authorized committee of a can-
didate, a political committee of a political party, or 
agents of the candidate or committee, if the payment 
is not made entirely independently of the candidate, 
committee, or agents, including a payment which is 
made pursuant to any general or particular under-
standing, or more than incidental communication 
with, the candidate, committee, or agents about the 
payment. 
‘‘(2) NO
FINDING
OF
COORDINATION
BASED 
SOLELY ON SHARING OF INFORMATION REGARDING 
LEGISLATIVE OR POLICY POSITION.—For purposes 
of this section, a payment shall not be considered to 
be made by a person in cooperation, consultation, or 
concert with, or at the request or suggestion of, a 
candidate or committee, solely on the grounds that 
the person or the person’s agent engaged in discus-
sions with the candidate or committee, or with 
agents of the candidate or committee, regarding that 
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person’s position on a legislative or policy matter 
(including urging the candidate or committee to 
adopt that person’s position), so long as there is no 
discussion between the person and the candidate or 
committee, or agents of the candidate or committee, 
regarding the candidate’s or committee’s campaign 
advertising, message, strategy, policy, polling, alloca-
tion of resources, fundraising, or campaign oper-
ations. 
‘‘(3) NO
EFFECT
ON
PARTY
COORDINATION 
STANDARD.—Nothing in this section shall be con-
strued to affect the determination of coordination 
between a candidate and a political committee of a 
political party for purposes of section 315(d). 
‘‘(4) NO
SAFE
HARBOR
FOR
USE
OF
FIRE-
WALL.—A person shall be determined to have made 
a payment in cooperation, consultation, or concert 
with, or at the request or suggestion of, a candidate 
or committee, in accordance with this section with-
out regard to whether or not the person established 
and used a firewall or similar procedures to restrict 
the sharing of information between individuals pro-
viding services for or on behalf of the person and the 
candidate or committee or agents of the candidate or 
committee. 
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‘‘(c) SPECIAL RULE FOR PAYMENTS BY COORDI-
NATED SPENDERS FOR COVERED COMMUNICATIONS.— 
‘‘(1) PAYMENTS DEEMED TO BE MADE IN CO-
OPERATION, CONSULTATION, OR
CONCERT
WITH, 
CANDIDATES.—For purposes of this section, if the 
person who makes a payment for a covered commu-
nication is a coordinated spender with respect to the 
candidate involved, the person shall be deemed to 
have made the payment in cooperation, consultation, 
or concert with the candidate. 
‘‘(2) COORDINATED SPENDER DEFINED.—For 
purposes of this subsection, the term ‘coordinated 
spender’ means, with respect to a candidate or an 
authorized committee of a candidate, a person (other 
than a political committee of a political party) for 
which any of the following applies: 
‘‘(A) The person is directly or indirectly 
formed or established by or at the request or 
suggestion of, or with the encouragement of, 
the candidate or committee or agents of the 
candidate or committee, including with the ex-
press or tacit approval of the candidate or com-
mittee or agents of the candidate or committee. 
‘‘(B) The candidate or committee or agents 
of the candidate or committee solicit funds or 
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engage in other fundraising activity on the per-
son’s behalf during the election cycle involved, 
including by providing the person with names of 
potential donors or other lists to be used by the 
person in engaging in fundraising activity, re-
gardless of whether the person pays fair market 
value for the names or lists provided. 
‘‘(C) The person is established, directed, or 
managed by any person who, during the elec-
tion cycle involved or during the 4-year period 
ending on the first day of the election cycle in-
volved, has been employed or retained as a po-
litical, media, or fundraising adviser or consult-
ant for the candidate or committee or for any 
other entity directly or indirectly controlled by 
the candidate or committee, or has held a for-
mal position with a title for the candidate or 
committee. 
‘‘(D) During the election cycle involved, 
the person has had more than incidental com-
munications with the candidate or committee or 
agents of the candidate or committee about the 
candidate’s campaign needs or activities, or 
about the person’s possible or actual campaign 
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activities with respect to the candidate or com-
mittee. 
‘‘(E) The person has retained the profes-
sional services of any person who, during the 
same election cycle, has provided or is providing 
professional services relating to the campaign to 
the candidate or committee. For purposes of 
this subparagraph, the term ‘professional serv-
ices’ includes any services in support of the can-
didate’s or committee’s campaign activities, in-
cluding advertising, message, strategy, policy, 
polling, allocation of resources, fundraising, and 
campaign operations, but does not include ac-
counting or legal services. 
‘‘(F) The person is established, directed, or 
managed by a member of the immediate family 
of the candidate, or (in the case of a person 
that is a political committee) has received a 
contribution from a member of the immediate 
family of the candidate. For purposes of this 
subparagraph, the term ‘immediate family’ has 
the meaning given such term in section 9004(e) 
of the Internal Revenue Code of 1986. 
‘‘(3) LIMITATION.—Paragraph (2) shall apply 
to a person with respect to a candidate or authorized 
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committee during a calendar quarter only if 20 per-
cent or more of that person’s total spending for cov-
ered communications in the period beginning on the 
first day of the election cycle with respect to the 
candidate or committee involved and ending on the 
first day of that calendar quarter is attributable 
to— 
‘‘(A) communications that promote or sup-
port that candidate, or attack or oppose the op-
ponent of that candidate, in the case of covered 
communications described in subsection (d)(1); 
and 
‘‘(B) communications that refer to that 
candidate or an opponent of that candidate, in 
the case of covered communications described in 
subsection (d)(2). 
‘‘(d) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘covered communication’ means, with 
respect to a candidate or an authorized committee of 
a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) promotes or supports the candidate, 
or attacks or opposes an opponent of the can-
didate (regardless of whether the communica-
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tion expressly advocates the election or defeat 
of a candidate or contains the functional equiv-
alent of express advocacy); or 
‘‘(B) refers to the candidate or an oppo-
nent of the candidate but is not described in 
subparagraph (A), but only if the communica-
tion is disseminated during the applicable elec-
tion period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-
graph (1)(B), the ‘applicable election period’ with re-
spect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate for the office of President 
or Vice President, the period which begins on 
the date that is 120 days before the date of the 
first primary election, preference election, or 
nominating convention for nomination for the 
office of President which is held in any State 
and ends with the date of the general election 
for such office; or 
‘‘(B) in the case of a communication which 
refers to a candidate for any other office, which 
begins on the date that is 90 days before the 
primary or preference election, or convention or 
caucus of a political party that has authority to 
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nominate a candidate, for the office sought by 
the candidate and ends on the date of the gen-
eral election for such office. 
‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN-
VOLVING
CONGRESSIONAL
CANDIDATES.—For pur-
poses of this subsection, a public communication 
shall not be considered to be a covered communica-
tion with respect to a candidate for election for an 
office other than the office of President or Vice 
President unless it is publicly disseminated or dis-
tributed in the jurisdiction of the office the can-
didate is seeking. 
‘‘(e) ELECTION CYCLE DEFINED.—In this section, 
the term ‘election cycle’ means, with respect to an election 
for Federal office, the period beginning on the day after 
the date of the most recent general election for that office 
(or, if the general election resulted in a runoff election, 
the date of the runoff election) and ending on the date 
of the next general election for that office (or, if the gen-
eral election resulted in a runoff election, the date of the 
runoff election).’’. 
(c) EFFECTIVE DATE.— 
(1) REPEAL OF EXISTING REGULATIONS ON CO-
ORDINATION.—Effective upon the expiration of the 
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90-day period which begins on the date of the enact-
ment of this Act— 
(A) the regulations on coordinated commu-
nications adopted by the Federal Election Com-
mission which are in effect on the date of the 
enactment of this Act (as set forth in 11 CFR 
part 109, subpart C, under the heading ‘‘Co-
ordination’’) are repealed; and 
(B) the Federal Election Commission shall 
promulgate new regulations on coordinated 
communications which reflect the amendments 
made by this Act. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply with respect to payments 
made on or after the expiration of the 120-day pe-
riod which begins on the date of the enactment of 
this Act, without regard to whether or not the Fed-
eral Election Commission has promulgated regula-
tions in accordance with paragraph (1)(B) as of the 
expiration of such period. 
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