I 
115TH CONGRESS 
1ST SESSION H. R. 3952 
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 
OCTOBER 4, 2017 
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 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. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Super PAC–Can-
didate Coordination Act’’. 
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SEC. 2. CLARIFICATION OF TREATMENT OF COORDINATED 
EXPENDITURES AS CONTRIBUTIONS TO CAN-
DIDATES. 
(a) TREATMENT
AS
CONTRIBUTION
TO
CAN-
DIDATE.—Section 301(8)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
(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 (52 
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— 
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‘‘(A) any expenditure, or any 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 
a political party, or agents of the candidate or 
committee, as defined in subsection (b); or 
‘‘(B) any payment for any communication 
which republishes, disseminates, or distributes, 
in whole or in part, any video or broadcast or 
any written, graphic, or other form of campaign 
material prepared by the candidate or com-
mittee or by agents of the candidate or com-
mittee (including any excerpt or use of any 
video from any such broadcast or written, 
graphic, or other form of campaign material). 
‘‘(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-
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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 
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 pay-
ment, or any communication for which the payment 
is made, is not made entirely independently of the 
candidate, committee, or agents. For purposes of the 
previous sentence, a payment or communication not 
made entirely independently of the candidate or 
committee includes any payment or communication 
made pursuant to any general or particular under-
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standing with, or pursuant to any communication 
with, the candidate, committee, or agents about the 
payment or communication. 
‘‘(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 any 
agent of the candidate or committee, regarding that 
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 
communication between the person and the can-
didate or committee, or any agent of the candidate 
or committee, regarding the candidate’s or commit-
tee’s campaign advertising, message, strategy, pol-
icy, polling, allocation of resources, fundraising, or 
other campaign activities. 
‘‘(3) NO
EFFECT
ON
PARTY
COORDINATION 
STANDARD.—Nothing in this section shall be con-
strued to affect the determination of coordination 
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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 who 
are employed by or who are serving as agents for the 
person making the payment. 
‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR 
COVERED COMMUNICATIONS.— 
‘‘(1) PAYMENTS MADE IN COOPERATION, CON-
SULTATION, OR CONCERT WITH CANDIDATES.—For 
purposes of subsection (a)(1)(A), if the person who 
makes a payment for a covered communication, as 
defined in subsection (d), is a coordinated spender 
under paragraph (2) with respect to the candidate 
as described in subsection (d)(1), the payment for 
the covered communication is made in cooperation, 
consultation, or concert with the candidate. 
‘‘(2) COORDINATED SPENDER DEFINED.—For 
purposes of this subsection, the term ‘coordinated 
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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) During the 4-year period ending on 
the date on which the person makes the pay-
ment, the person was directly or indirectly 
formed or established by or at the request or 
suggestion of, or with the encouragement of, 
the candidate (including an individual who later 
becomes a candidate) or committee or agents of 
the candidate or committee, including with the 
approval of the candidate or committee or 
agents of the candidate or committee. 
‘‘(B) The candidate or committee or any 
agent of the candidate or committee solicits 
funds, appears at a fundraising event, or en-
gages 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. For pur-
poses of this subparagraph, the term ‘election 
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cycle’ means, with respect to an election for 
Federal office, the period beginning on the day 
after the date of the most recent general elec-
tion 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 
general election resulted in a runoff election, 
the date of the runoff election). 
‘‘(C) The person is established, directed, or 
managed by the candidate or committee or by 
any person who, during the 4-year period end-
ing on the date on which the person makes the 
payment, has been employed or retained as a 
political, campaign media, or fundraising ad-
viser or consultant for the candidate or com-
mittee or for any other entity directly or indi-
rectly controlled by the candidate or committee, 
or has held a formal position with the candidate 
or committee. 
‘‘(D) The person has retained the profes-
sional services of any person who, during the 2- 
year period ending on the date on which the 
person makes the payment, has provided or is 
providing professional services relating to the 
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campaign to the candidate or committee, with-
out regard to whether the person providing the 
professional services used a firewall. For pur-
poses of this subparagraph, the term ‘profes-
sional services’ includes any services in support 
of the candidate’s or committee’s campaign ac-
tivities, including advertising, message, strat-
egy, policy, polling, allocation of resources, 
fundraising, and campaign operations, but does 
not include accounting or legal services. 
‘‘(E) The person is established, directed, or 
managed by a member of the immediate family 
of the candidate, or the person or any officer or 
agent of the person has had more than inci-
dental discussions about the candidate’s cam-
paign with a member of the immediate family 
of the candidate. For purposes of this subpara-
graph, the term ‘immediate family’ has the 
meaning given such term in section 9004(e) of 
the Internal Revenue Code of 1986. 
‘‘(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 
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a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) expressly advocates the election of the 
candidate or the defeat of an opponent of the 
candidate (or contains the functional equivalent 
of express advocacy); 
‘‘(B) promotes or supports the candidate, 
or attacks or opposes an opponent of the can-
didate (regardless of whether the communica-
tion expressly advocates the election or defeat 
of a candidate or contains the functional equiv-
alent of express advocacy); or 
‘‘(C) refers to the candidate or an oppo-
nent of the candidate but is not described in 
subparagraph (A) or subparagraph (B), but 
only if the communication is disseminated dur-
ing the applicable election period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-
graph (1)(C), the ‘applicable election period’ with re-
spect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate in a general, special, or 
runoff election, the 120-day period which ends 
on the date of the election; or 
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‘‘(B) in the case of a communication which 
refers to a candidate in a primary or preference 
election, or convention or caucus of a political 
party that has authority to nominate a can-
didate, the 60-day period which ends on the 
date of the election or convention or caucus. 
‘‘(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) PENALTY.— 
‘‘(1) DETERMINATION OF AMOUNT.—Any per-
son who knowingly and willfully commits a violation 
of this Act by making a contribution which consists 
of a payment for a coordinated expenditure shall be 
fined an amount equal to the greater of— 
‘‘(A) in the case of a person who makes a 
contribution which consists of a payment for a 
coordinated expenditure in an amount exceeding 
the applicable contribution limit under this Act, 
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300 percent of the amount by which the 
amount of the payment made by the person ex-
ceeds such applicable contribution limit; or 
‘‘(B) in the case of a person who is prohib-
ited under this Act from making a contribution 
in any amount, 300 percent of the amount of 
the payment made by the person for the coordi-
nated expenditure. 
‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di-
rector, manager or officer of a person who is subject 
to a penalty under paragraph (1) shall be jointly and 
severally liable for any amount of such penalty that 
is not paid by the person prior to the expiration of 
the 1-year period which begins on the date the Com-
mission imposes the penalty or the 1-year period 
which begins on the date of the final judgment fol-
lowing any judicial review of the Commission’s ac-
tion, whichever is later.’’. 
(c) EFFECTIVE DATE.— 
(1) REPEAL OF EXISTING REGULATIONS ON CO-
ORDINATION.—Effective upon the expiration of the 
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-
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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. 
SEC. 3. CLARIFICATION OF BAN ON FUNDRAISING FOR 
SUPER PACS BY FEDERAL CANDIDATES AND 
OFFICEHOLDERS. 
(a) IN GENERAL.—Section 323(e)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 
is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
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