person making the communication, the targeting or
placement of the communication, or the use by the
person making the communication of polling, demo-
graphic, or other similar data relating to the can-
didate’s campaign or election.
‘‘(B) The term ‘express advocacy’ does not include
the publication or distribution of a communication that
is limited solely to providing information about the voting
record of elected officials on legislative matters and that
a reasonable person would not understand as advocating
the election or defeat of a particular candidate.’’.
SEC. 232. TREATMENT OF COORDINATED EXPENDITURES
AS CONTRIBUTIONS.
(a) IN GENERAL.—Section 301(8) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)) is
amended—
(1) in subparagraph (A)—
(A) by striking ‘‘or’’ at the end of clause
(i);
(B) by striking the period at the end of
clause (ii) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(iii) a payment made for a commu-
nication or anything of value that is for
the purpose of influencing an election for
Federal office and that is a payment made
in coordination with a candidate.’’; and
(2) by adding at the end the following:
‘‘(C) For the purposes of subparagraph
(A)(iii), the term ‘payment made in coordina-
tion with a candidate’ includes—
‘‘(i) a payment made by a person in
cooperation, consultation, or concert with,
at the request or suggestion of, or pursu-
ant to any general or particular under-
standing with a candidate, the candidate’s
authorized committee, or an agent acting
on behalf of a candidate or authorized
committee;
‘‘(ii) a payment made by a person for
the dissemination, distribution, or republi-
cation, in whole or in part, of any broad-
cast or any written, graphic, or other form
of campaign material prepared by a can-
didate, a candidate’s authorized committee,
or an agent of a candidate or authorized
committee (not including a communication
described in subparagraph (B)(i) or a com-
munication that expressly advocates the
candidate’s defeat);
‘‘(iii) a payment made based on infor-
mation about a candidate’s plans, projects,
or needs provided to the person making the
payment by the candidate or the can-
didate’s agent who provides the informa-
tion with a view toward having the pay-
ment made;
‘‘(iv) a payment made by a person if,
in the same election cycle in which the pay-
ment is made, the person making the pay-
ment is serving or has served as a member,
employee, fundraiser, or agent of the can-
didate’s authorized committee in an execu-
tive or policymaking position;
‘‘(v) a payment made by a person if
the person making the payment has served
in any formal policy or advisory position
with the candidate’s campaign or has par-
ticipated in strategic or policymaking dis-
cussions with the candidate’s campaign re-
lating to the candidate’s pursuit of nomi-
nation for election, or election, to Federal
office, in the same election cycle as the
election cycle in which the payment is
made; and
‘‘(vi) a payment made by a person if,
in the same election cycle, the person mak-
ing the payment retains the professional
services of any individual or person who
has provided or is providing campaign-re-
lated services in the same election cycle to
a candidate in connection with the can-
didate’s pursuit of nomination for election,
or election, to Federal office, including
services relating to the candidate’s decision
to seek Federal office, and the professional
is retained to work on activities relating to
that candidate’s campaign.
‘‘(D) 
For 
purposes 
of 
subparagraph
(C)(vi), the term ‘professional services’ includes
services in support of a candidate’s pursuit of
nomination for election, or election, to Federal
office such as polling, media advice, direct mail,
fundraising, or campaign research.
(b) APPLICATION FOR PURPOSES OF CONTRIBUTION
LIMITS.—Section 315(a)(7)(B) of such Act (2 U.S.C.
441a(a)(7)(B)) is amended to read as follows:
‘‘(B) Payments made in coordination with
a 
candidate, 
as 
described 
in 
section
301(8)(A)(iii), shall be considered to be con-
tributions to such candidate, and in the case of
limitations on expenditures, shall be treated as
expenditures for purposes of this paragraph.’’.
(c) APPLICATION FOR PURPOSES OF CONTRIBUTIONS
OF CORPORATIONS AND LABOR ORGANIZATIONS.—Sec-
tion 316(b)(2) of such Act (2 U.S.C. 441b(b)) is amended
by striking ‘‘shall include’’ and inserting ‘‘includes a con-
tribution or expenditure, as those terms are defined in sec-
tion 301, and also includes’’.
SEC. 233. TREATMENT OF CERTAIN PARTY EXPENDITURES
AND 
COMMUNICATIONS 
CONTAINING 
EX-
PRESS ADVOCACY AS EXPENDITURES.
Section 301(9)(A) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(9)(A)) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(iii) any payment during an election
year (or within 60 days before a special
election in a nonelection year) for a com-
munication that is made through any
broadcast medium, newspaper, magazine,
billboard, direct mail, or similar type of
general public communication or political
advertising by a national, State, district, or
local committee of a political party, includ-
ing a congressional campaign committee of
a party, that refers to a clearly identified
candidate; and
‘‘(iv) any payment for a communica-
tion that contains express advocacy.’’.
SEC. 234. REPORTING REQUIREMENTS FOR CERTAIN INDE-
PENDENT EXPENDITURES.
Section 304(c) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434(c)) is amended—
(1) in paragraph (2), by striking the undesig-
nated matter after subparagraph (C);
(2) by redesignating paragraph (3) as para-
graph (7); and
(3) by inserting after paragraph (2), as amend-
ed by paragraph (1), the following new paragraphs:
‘‘(3)(A) Any person (including a political committee)
making independent expenditures as defined in section
301(17) and (18) with respect to a candidate in an elec-
tion aggregating $1,000 or more made after the 20th day,
but more than 24 hours, before the election shall file a
report within 24 hours after such independent expendi-
tures are made. An additional report shall be filed each
time independent expenditures aggregating $1,000 are
made with respect to the same candidate after the latest
report filed under this subparagraph.
‘‘(B) Any person (including a political committee)
making independent expenditures with respect to a can-
didate in an election aggregating $10,000 or more made
at any time up to and including the 20th day before the
election shall file a report within 48 hours after such inde-
pendent expenditures are made. An additional report shall
be filed each time independent expenditures aggregating
$10,000 are made with respect to the same candidate
after the latest report filed under this paragraph.
‘‘(C) A report under subparagraph (A) or (B) shall
be filed with the Commission and shall identify each can-
didate whom the expenditure is actually intended to sup-
port or to oppose. Not later than 2 business days after
the Commission receives a report, the Commission shall
transmit a copy of the report to each candidate seeking
nomination or election to that office.
‘‘(D) For purposes of this section, an independent ex-
penditure shall be considered to have been made upon the
making of any payment or the taking of any action to
incur an obligation for payment.
‘‘(4) The Commission may, upon a request of a can-
didate or on its own initiative, make its own determination
that a person, including a political committee, has made,
or has incurred obligations to make, independent expendi-
tures with respect to any candidate in any election which
in the aggregate exceed the applicable amounts under
paragraph (3). The Commission shall notify each can-
didate in such election of such determination made within
2 business days after making it. Any determination made
at the request of a candidate shall be made within 48
hours of the request.
‘‘(5) In the event that independent expenditures to-
taling in the aggregate $25,000 have been made in the
same election in favor of another candidate or against an
eligible House of Representatives candidate under title V,
the Commission shall, within 2 business days, notify the
eligible candidate that such candidate is entitled under
section 502(g) to raise additional contributions equaling
the amount of such independent expenditures. At such
time as the aggregate amount the independent expendi-
tures referred to in the preceding sentence, combined with
the expenditures of all other candidates in such election,
equals 100 percent of the applicable expenditure limit with
respect to the election under section 502, the Commission
shall, within 2 business days, notify the eligible candidate
that such candidate is entitled under section 502(g) to
make the expenditures provided for in section 502(g).
‘‘(6)(A) A person who reserves broadcast time the
payment for which would constitute an independent ex-
penditure within the meaning of section 301(17) shall at
the time of the reservation—
‘‘(i) inform the broadcast licensee that payment
for the broadcast time will constitute an independent
expenditure;
‘‘(ii) inform the broadcast licensee of the names
of all candidates for the office to which the proposed
broadcast relates and state whether the message to
be broadcast is intended to be made in support of
or in opposition to each such candidate; and
‘‘(iii) provide the broadcast licensee a copy of
the report described in paragraph (3).
‘‘(B) For purposes of this paragraph, the term
‘broadcast’ includes any cablecast.
‘‘(C) A licensee who is informed as described in sub-
paragraph (A) shall—
‘‘(i) notify each such candidate described in
subparagraph (A)(ii) of the proposed making of the
independent expenditure; and
‘‘(ii) allow any such candidate (other than a
candidate for whose benefit the independent expendi-
ture is made) to purchase the same amount of
broadcast time immediately after the broadcast time
paid for by the independent expenditure, at the cost
specified in section 315(b) of the Communications
Act of 1934, as amended by section 102 of the Cam-
paign Independence Restoration Act Part II.’’.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any other person or circumstance is held to be
unconstitutional, the remainder of this Act, the amend-
ments made by this Act, and the application of the provi-
sions of such to any other person or circumstance shall
not be affected thereby.
SEC. 302. EXPEDITED REVIEW OF CONSTITUTIONAL ISSUES.
(a) DIRECT APPEAL TO SUPREME COURT.—An ap-
peal may be taken directly to the Supreme Court of the
United States from any interlocutory order or final judg-
ment, decree, or order issued by any court ruling on the
constitutionality of any provision of this Act or amend-
ment made by this Act.
(b) ACCEPTANCE AND EXPEDITION.—The Supreme
Court shall, if it has not previously ruled on the question
addressed in the ruling below, accept jurisdiction over, ad-
vance on the docket, and expedite the appeal to the great-
est extent possible.
SEC. 303. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amend-
ments made by, and the provisions of, this Act shall take
effect 60 days after the date of the enactment of this Act.
SEC. 304. REGULATIONS.
The Federal Election Commission shall prescribe any
regulations required to carry out this Act not later than
9 months after the effective date of this Act.
Æ