SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Bipartisan Campaign Reform Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of political parties
and aggregate contribution limit for individuals.
Sec. 103. Reporting requirements.
TITLE II—INDEPENDENT AND COORDINATED EXPENDITURES
Sec. 201. Definitions.
Sec. 202. Civil penalty.
Sec. 203. Reporting requirements for certain independent expenditures.
Sec. 204. Independent versus coordinated expenditures by party.
Sec. 205. Coordination with candidates.
TITLE III—DISCLOSURE
Sec. 301. Filing of reports using computers and facsimile machines.
Sec. 302. Prohibition of deposit of contributions with incomplete contributor in-
formation.
Sec. 303. Audits.
Sec. 304. Reporting requirements for contributions of $50 or more.
Sec. 305. Use of candidates’ names.
Sec. 306. Prohibition of false representation to solicit contributions.
Sec. 307. Soft money of persons other than political parties.
Sec. 308. Campaign advertising.
TITLE IV—PERSONAL WEALTH OPTION
Sec. 401. Voluntary personal funds expenditure limit.
Sec. 402. Political party committee coordinated expenditures.
TITLE V—MISCELLANEOUS
Sec. 501. Codification of Beck decision.
Sec. 502. Use of contributed amounts for certain purposes.
Sec. 503. Limit on congressional use of the franking privilege.
Sec. 504. Prohibition of fundraising on Federal property.
Sec. 505. Penalties for knowing and willful violations.
Sec. 506. Ban on campaign contributions by noncitizens.
Sec. 507. Prohibition of contributions by minors.
Sec. 508. Expedited procedures.
Sec. 509. Initiation of enforcement proceeding.
Sec. 510. Protecting equal participation of eligible voters in campaigns and
elections.
Sec. 511. Prohibiting noncitizen individuals from making contributions in con-
nection with Federal elections.
Sec. 512. Penalty for violation of prohibition against foreign contributions.
Sec. 513. Expedited court review of certain alleged violations of Federal Elec-
tion Campaign Act of 1971.
Sec. 514. Conspiracy to violate Presidential campaign spending limits.
Sec. 515. Deposit of certain contributions and donations in treasury account.
Sec. 516. Establishment of a clearinghouse of information on political activities
within the Federal Election Commission.
Sec. 517. Permitting permanent resident aliens serving in Armed Forces to
make contributions.
Sec. 518. Enforcement of spending limit on Presidential and Vice Presidential
candidates who receive public financing.
TITLE VI—SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE
DATE; REGULATIONS
Sec. 601. Severability.
Sec. 602. Review of constitutional issues.
Sec. 603. Effective date.
Sec. 604. Regulations.
TITLE VII—INDEPENDENT COMMISSION ON CAMPAIGN FINANCE
REFORM
Sec. 701. Establishment and purpose of Commission.
Sec. 702. Membership of Commission.
Sec. 703. Powers of Commission.
Sec. 704. Administrative provisions.
Sec. 705. Report and recommended legislation.
Sec. 706. Expedited congressional consideration of legislation.
Sec. 707. Termination.
Sec. 708. Authorization of appropriations.
TITLE VIII—PROHIBITING USE OF WHITE HOUSE MEALS AND
ACCOMMODATIONS FOR POLITICAL FUNDRAISING
Sec. 801. Prohibiting use of White House meals and accommodations for politi-
cal fundraising.
TITLE IX—SENSE OF THE CONGRESS REGARDING FUNDRAISING
ON FEDERAL GOVERNMENT PROPERTY
Sec. 901. Sense of the Congress regarding applicability of controlling legal au-
thority to fundraising on Federal Government property.
TITLE X—PROHIBITING SOLICITATION TO OBTAIN ACCESS TO
CERTAIN FEDERAL GOVERNMENT PROPERTY
Sec. 1001. Prohibition against acceptance or solicitation to obtain access to cer-
tain Federal Government property.
TITLE XI—REIMBURSEMENT FOR USE OF AIR FORCE ONE FOR
POLITICAL FUNDRAISING
Sec. 1101. Requiring national parties to reimburse at cost for use of Air Force
One for political fundraising.
TITLE XII—PROHIBITING USE OF WALKING AROUND MONEY
Sec. 1201. Prohibiting campaigns from providing currency to individuals for
purposes of encouraging turnout on date of election.
TITLE XIII—ENHANCING ENFORCEMENT OF CAMPAIGN LAW
Sec. 1301. Enhancing enforcement of campaign finance law.
TITLE XIV—BAN ON COORDINATED SOFT MONEY ACTIVITIES BY
PRESIDENTIAL CANDIDATES
Sec. 1401. Ban on coordination of soft money for issue advocacy by Presi-
dential candidates receiving public financing.
TITLE XV—POSTING NAMES OF CERTAIN AIR FORCE ONE
PASSENGERS ON INTERNET
Sec. 1501. Requirement that names of passengers on Air Force One and Air
Force Two be made available through the internet.
TITLE XVI—EXPULSION PROCEEDINGS FOR HOUSE MEMBERS
RECEIVING FOREIGN CONTRIBUTIONS
Sec. 1601. Permitting consideration of privileged motion to expel House Mem-
ber accepting illegal foreign contribution.
TITLE I—REDUCTION OF
SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
‘‘SOFT MONEY OF POLITICAL PARTIES
‘‘SEC. 323. (a) NATIONAL COMMITTEES.—
‘‘(1) IN GENERAL.—A national committee of a
political party (including a national congressional
campaign committee of a political party) and any of-
ficers or agents of such party committees, shall not
solicit, receive, or direct to another person a con-
tribution, donation, or transfer of funds, or spend
any funds, that are not subject to the limitations,
prohibitions, and reporting requirements of this Act.
‘‘(2) APPLICABILITY.—This subsection shall
apply to an entity that is directly or indirectly estab-
lished, financed, maintained, or controlled by a na-
tional committee of a political party (including a na-
tional congressional campaign committee of a politi-
cal party), or an entity acting on behalf of a national
committee, and an officer or agent acting on behalf
of any such committee or entity.
‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.—
‘‘(1) IN
GENERAL.—An amount that is ex-
pended or disbursed by a State, district, or local
committee of a political party (including an entity
that is directly or indirectly established, financed,
maintained, or controlled by a State, district, or
local committee of a political party and an officer or
agent acting on behalf of such committee or entity)
for Federal election activity shall be made from
funds subject to the limitations, prohibitions, and re-
porting requirements of this Act.
‘‘(2) FEDERAL ELECTION ACTIVITY.—
‘‘(A) IN
GENERAL.—The term ‘Federal
election activity’ means—
‘‘(i) voter registration activity during
the period that begins on the date that is
120 days before the date a regularly sched-
uled Federal election is held and ends on
the date of the election;
‘‘(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office ap-
pears on the ballot (regardless of whether
a candidate for State or local office also
appears on the ballot); and
‘‘(iii) a communication that refers to a
clearly identified candidate for Federal of-
fice (regardless of whether a candidate for
State or local office is also mentioned or
identified) and is made for the purpose of
influencing a Federal election (regardless
of whether the communication is express
advocacy).
‘‘(B) EXCLUDED
ACTIVITY.—The term
‘Federal election activity’ does not include an
amount expended or disbursed by a State, dis-
trict, or local committee of a political party
for—
‘‘(i) campaign activity conducted sole-
ly on behalf of a clearly identified can-
didate for State or local office, provided
the campaign activity is not a Federal elec-
tion activity described in subparagraph
(A);
‘‘(ii) a contribution to a candidate for
State or local office, provided the contribu-
tion is not designated or used to pay for a
Federal election activity described in sub-
paragraph (A);
‘‘(iii) the costs of a State, district, or
local political convention;
‘‘(iv) the costs of grassroots campaign
materials, including buttons, bumper stick-
ers, and yard signs, that name or depict
only a candidate for State or local office;
‘‘(v) the non-Federal share of a State,
district, or local party committee’s admin-
istrative and overhead expenses (but not
including the compensation in any month
of an individual who spends more than 20
percent of the individual’s time on Federal
election activity) as determined by a regu-
lation promulgated by the Commission to
determine the non-Federal share of a
State, district, or local party committee’s
administrative and overhead expenses; and
‘‘(vi) the cost of constructing or pur-
chasing an office facility or equipment for
a State, district or local committee.
‘‘(c) FUNDRAISING COSTS.—An amount spent
by a national, State, district, or local committee of
a political party, by an entity that is established, fi-
nanced, maintained, or controlled by a national,
State, district, or local committee of a political
party, or by an agent or officer of any such commit-
tee or entity, to raise funds that are used, in whole
or in part, to pay the costs of a Federal election ac-
tivity shall be made from funds subject to the limita-
tions, prohibitions, and reporting requirements of
this Act.
‘‘(d) TAX-EXEMPT
ORGANIZATIONS.—A national,
State, district, or local committee of a political party (in-
cluding a national congressional campaign committee of
a political party, an entity that is directly or indirectly
established, financed, maintained, or controlled by any
such national, State, district, or local committee or its
agent, an agent acting on behalf of any such party com-
mittee, and an officer or agent acting on behalf of any
such party committee or entity), shall not solicit any funds
for, or make or direct any donations to, an organization
that is described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section
501(a) of such Code (or has submitted an application to
the Commissioner of the Internal Revenue Service for de-
termination of tax-exemption under such section).
‘‘(e) CANDIDATES.—
‘‘(1) IN
GENERAL.—A candidate, individual
holding Federal office, or agent of a candidate or in-
dividual holding Federal office shall not solicit, re-
ceive, direct, transfer, or spend funds for a Federal
election activity on behalf of such candidate, individ-
ual, agent or any other person, unless the funds are
subject to the limitations, prohibitions, and reporting
requirements of this Act.
‘‘(2) STATE
LAW.—Paragraph (1) does not
apply to the solicitation or receipt of funds by an in-
dividual who is a candidate for a State or local office
if the solicitation or receipt of funds is permitted
under State law for any activity other than a Fed-
eral election activity.
‘‘(3) FUNDRAISING
EVENTS.—Paragraph (1)
does not apply in the case of a candidate who at-
tends, speaks, or is a featured guest at a fundraising
event sponsored by a State, district, or local commit-
tee of a political party.’’.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE
COMMITTEES OF POLITICAL PARTIES AND
AGGREGATE CONTRIBUTION LIMIT FOR INDI-
VIDUALS.
(a) CONTRIBUTION LIMIT FOR STATE COMMITTEES
OF POLITICAL PARTIES.—Section 315(a)(1) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1))
is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at
the end;
(2) in subparagraph (C)—
(A) by inserting ‘‘(other than a committee
described in subparagraph (D))’’ after ‘‘com-
mittee’’; and
(B) by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) to a political committee established and
maintained by a State committee of a political party
in any calendar year that, in the aggregate, exceed
$10,000’’.
(b) AGGREGATE CONTRIBUTION LIMIT FOR INDIVID-
UAL.—Section 315(a)(3) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by
striking ‘‘$25,000’’ and inserting ‘‘$30,000’’.
SEC. 103. REPORTING REQUIREMENTS.
(a) REPORTING REQUIREMENTS.—Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434)
(as amended by section 203) is amended by inserting after
subsection (d) the following:
‘‘(e) POLITICAL COMMITTEES.—
‘‘(1) NATIONAL AND CONGRESSIONAL POLITI-
CAL COMMITTEES.—The national committee of a po-
litical party, any national congressional campaign
committee of a political party, and any subordinate
committee of either, shall report all receipts and dis-
bursements during the reporting period.
‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH
SECTION 323 APPLIES.—A political committee (not
described in paragraph (1)) to which section
323(b)(1) applies shall report all receipts and dis-
bursements made for activities described in para-
graphs (2)(A) and (3)(B)(v) of section 323(b).
‘‘(3) ITEMIZATION.—If a political committee
has receipts or disbursements to which this sub-
section applies from any person aggregating in ex-
cess of $200 for any calendar year, the political
committee shall separately itemize its reporting for
such person in the same manner as required in para-
graphs (3)(A), (5), and (6) of subsection (b).
‘‘(4) REPORTING
PERIODS.—Reports required
to be filed under this subsection shall be filed for the
same time periods required for political committees
under subsection (a).’’.
(b) BUILDING FUND EXCEPTION TO THE DEFINI-
TION OF CONTRIBUTION.—Section 301(8)(B) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 431(8)(B))
is amended—
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xiv)
as clauses (viii) through (xiii), respectively.
TITLE II—INDEPENDENT AND
COORDINATED EXPENDITURES
SEC. 201. DEFINITIONS.
(a) DEFINITION OF INDEPENDENT EXPENDITURE.—
Section 301 of the Federal Election Campaign Act (2
U.S.C. 431) is amended by striking paragraph (17) and
inserting the following:
‘‘(17) INDEPENDENT EXPENDITURE.—
‘‘(A) IN GENERAL.—The term ‘independ-
ent expenditure’ means an expenditure by a
person—
ment that is transmitted through radio or
television within 60 calendar days preced-
ing the date of an election of the candidate
and that appears in the State in which the
election is occurring, except that with re-
spect to a candidate for the office of Vice
President or President, the time period is
within 60 calendar days preceding the date
of a general election; or
‘‘(iii) expressing unmistakable and un-
ambiguous support for or opposition to one
or more clearly identified candidates when
taken as a whole and with limited ref-
erence to external events, such as proxim-
ity to an election.
‘‘(B) VOTING RECORD AND VOTING GUIDE
EXCEPTION.—The term ‘express advocacy’ does
not include a communication which is in printed
form or posted on the Internet that—
‘‘(i) presents information solely about
the voting record or position on a cam-
paign issue of one or more candidates: Pro-
vided, however, That the sponsor of the
voting record or voting guide may state its
agreement or disagreement with the record
or position of the candidate: Provided fur-
ther, That the voting record or voting
guide when taken as a whole does not ex-
press unmistakable and unambiguous sup-
port for or opposition to one or more clear-
ly identified candidates;
‘‘(ii) is not made in coordination with
a candidate, political party, or agent of the
candidate or party, or a candidate’s agent
or a person who is coordinating with a can-
didate or a candidate’s agent: Provided,
That nothing herein shall prevent the
sponsor of the voting guide from directing
questions in writing to candidates about
their position on issues for purposes of
preparing a voter guide, and the candidate
from responding in writing to such ques-
tions; and
‘‘(iii) does not contain a phrase such
as ‘vote for’, ‘re-elect’, ‘support’, ‘cast your
ballot for’, ‘(name of candidate) for Con-
gress’, ‘(name of candidate) in 1997’, ‘vote
against’, ‘defeat’, or ‘reject’, or a campaign
slogan or words that in context can have
no reasonable meaning other than to urge
the election or defeat of one or more clear-
ly identified candidates.’’.
(c) 
DEFINITION
OF
EXPENDITURE.—Section
301(9)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 431(9)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause (ii), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) a payment for a communication that is
express advocacy; and
‘‘(iv) a payment made by a person for a com-
munication that—
‘‘(I) refers to a clearly identified candidate;
‘‘(II) is provided in coordination with the
candidate, the candidate’s agent, or the political
party of the candidate; and
‘‘(III) is for the purpose of influencing a
Federal election (regardless of whether the com-
munication is express advocacy).’’.
SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT RE-
GARD TO BACKGROUND MUSIC.
Section 301 (2 U.S.C. 431) is amended by adding
at the end the following new paragraph:
‘‘(20) In determining whether any communica-
tion by television or radio broadcast constitutes ex-
press advocacy for purposes of this Act, there shall
not be taken into account any background music not
including lyrics used in such broadcast.
SEC. 203. CIVIL PENALTY.
Section 309 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g) is amended—
(1) in subsection (a)—
(A) in paragraph (4)(A)—
(i) in clause (i), by striking ‘‘clause
(ii)’’ and inserting ‘‘clauses (ii) and (iii)’’;
and
(ii) by adding at the end the follow-
ing:
‘‘(iii) If the Commission determines by an affirmative
vote of 4 of its members that there is probable cause to
believe that a person has made a knowing and willful viola-
tion of section 304(c), the Commission shall not enter into
a conciliation agreement under this paragraph and may
institute a civil action for relief under paragraph (6)(A).’’;
and
(B) in paragraph (6)(B), by inserting ‘‘(ex-
cept an action instituted in connection with a
knowing 
and 
willful 
violation 
of 
section
304(c))’’ after ‘‘subparagraph (A)’’; and
(2) in subsection (d)(1)—
(A) in subparagraph (A), by striking ‘‘Any
person’’ and inserting ‘‘Except as provided in
subparagraph (D), any person’’; and
(B) by adding at the end the following:
‘‘(D) In the case of a knowing and willful violation
of section 304(c) that involves the reporting of an inde-
pendent expenditure, the violation shall not be subject to
this subsection.’’.
SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDE-
PENDENT EXPENDITURES.
Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended—
(1) in subsection (c)(2), by striking the undes-
ignated matter after subparagraph (C);
(2) by redesignating paragraph (3) of sub-
section (c) as subsection (f); and
(3) by inserting after subsection (c)(2) (as
amended by paragraph (1)) the following:
‘‘(d) TIME
FOR REPORTING CERTAIN EXPENDI-
TURES.—
‘‘(1) EXPENDITURES AGGREGATING $1,000.—
‘‘(A) INITIAL REPORT.—A person (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $1,000 or more after the 20th day, but
more than 24 hours, before the date of an elec-
tion shall file a report describing the expendi-
tures within 24 hours after that amount of
independent expenditures has been made.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 24
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating an additional $1,000 with respect to the
same election as that to which the initial report
relates.
‘‘(2) EXPENDITURES AGGREGATING $10,000.—
‘‘(A) INITIAL REPORT.—A person (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $10,000 or more at any time up to and
including the 20th day before the date of an
election shall file a report describing the ex-
penditures within 48 hours after that amount
of independent expenditures has been made.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 48
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating an additional $10,000 with respect to
the same election as that to which the initial re-
port relates.
‘‘(3) PLACE OF FILING; CONTENTS.—A report
under this subsection—
‘‘(A) shall be filed with the Commission;
and
‘‘(B) shall contain the information required
by subsection (b)(6)(B)(iii), including the name
of each candidate whom an expenditure is in-
tended to support or oppose.’’.
SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDI-
TURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act
(2 U.S.C. 441a(d)) is amended—
(1) in paragraph (1), by striking ‘‘and (3)’’ and
inserting ‘‘, (3), and (4)’’; and
(2) by adding at the end the following:
‘‘(4) INDEPENDENT VERSUS COORDINATED EXPEND-
ITURES BY PARTY.—
‘‘(A) IN GENERAL.—On or after the date on
which a political party nominates a candidate, a
committee of the political party shall not make both
expenditures under this subsection and independent
expenditures (as defined in section 301(17)) with re-
spect to the candidate during the election cycle.
‘‘(B) CERTIFICATION.—Before making a coordi-
nated expenditure under this subsection with respect
to a candidate, a committee of a political party shall
file with the Commission a certification, signed by
the treasurer of the committee, that the committee
has not and shall not make any independent expend-
iture with respect to the candidate during the same
election cycle.
‘‘(C) APPLICATION.—For the purposes of this
paragraph, all political committees established and
maintained by a national political party (including
all congressional campaign committees) and all polit-
ical committees established and maintained by a
State political party (including any subordinate com-
mittee of a State committee) shall be considered to
be a single political committee.
‘‘(D) TRANSFERS.—A committee of a political
party that submits a certification under subpara-
graph (B) with respect to a candidate shall not, dur-
ing an election cycle, transfer any funds to, assign
authority to make coordinated expenditures under
this subsection to, or receive a transfer of funds
from, a committee of the political party that has
made or intends to make an independent expendi-
ture with respect to the candidate.’’.
SEC. 206. COORDINATION WITH CANDIDATES.
(a) DEFINITION
OF COORDINATION WITH CAN-
DIDATES.—
(1) SECTION
301(8).—Section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
431(8)) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘or’’ at the end of
clause (i);
(ii) by striking the period at the end
of clause (ii) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing:
‘‘(iii) anything of value provided by a
person in coordination with a candidate for
the purpose of influencing a Federal elec-
tion, regardless of whether the value being
provided is a communication that is ex-
press advocacy, in which such candidate
seeks nomination or election to Federal of-
fice.’’; and
(B) by adding at the end the following:
‘‘(C) The term ‘provided in coordination
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 production, dissemination, distribution,
or republication, in whole or in part, of any
broadcast or any written, graphic, or other
form of campaign material prepared by a
candidate, a candidate’s authorized com-
mittee, or an agent of a candidate or au-
thorized committee (not including a com-
munication 
described 
in 
paragraph
(9)(B)(i) or a communication that ex-
pressly advocates the candidate’s defeat);
‘‘(iii) a payment made by a person
based on information about a candidate’s
plans, projects, or needs provided to the
person making the payment by the can-
didate or the candidate’s agent who pro-
vides the information with the intent that
the payment be 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 making or advisory
position with the candidate’s campaign or
has participated in formal strategic or for-
mal policymaking discussions with the can-
didate’s campaign relating to the can-
didate’s pursuit of nomination for election,
or election, to Federal office, in the same
election cycle as the election cycle in which
the payment is made: Provided, however,
That such discussions shall not include a
lobbying contact under the Lobbying Dis-
closure Act of 1995 in the case of a can-
didate holding Federal office or consisting
of similar lobbying activity in the case of
a candidate holding State or elective office;
‘‘(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 person that has provided or
is providing campaign-related services in
the same election cycle to a candidate in
connection with the candidate’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 person retained is retained
to work on activities relating to that can-
didate’s campaign;
‘‘(vii) a payment made by a person
who has engaged in a coordinated activity
with a candidate described in clauses (i)
through (vi) for a communication that
clearly refers to the candidate and is for
the purpose of influencing an election (re-
gardless of whether the communication is
express advocacy);
‘‘(viii) direct participation by a person
in fundraising activities with the candidate
or in the solicitation or receipt of contribu-
tions on behalf of the candidate;
‘‘(ix) communication by a person with
the candidate or an agent of the candidate,
occurring after the declaration of can-
didacy (including a pollster, media consult-
ant, vendor, advisor, or staff member), act-
ing on behalf of the candidate, about ad-
vertising message, allocation of resources,
fundraising, or other campaign matters re-
lated to the candidate’s campaign, includ-
ing campaign operations, staffing, tactics,
or strategy; or
‘‘(x) the provision of in-kind profes-
sional services or polling data to the can-
didate or candidate’s agent.
‘‘(D) For purposes of subparagraph (C),
the term ‘professional services’ means polling,
media advice, fundraising, campaign research or
direct mail (except for mailhouse services solely
for the distribution of voter guides as defined in
section 431(20)(B)) services in support of a
candidate’s pursuit of nomination for election,
or election, to Federal office.
‘‘(E) For purposes of subparagraph (C),
all political committees established and main-
tained by a national political party (including
all congressional campaign committees) and all
political committees established and maintained
by a State political party (including any subor-
dinate committee of a State committee) shall be
considered to be a single political committee.’’.
(2) SECTION 315(a)(7).—Section 315(a)(7) (2
U.S.C. 441a(a)(7)) is amended by striking subpara-
graph (B) and inserting the following:
‘‘(B) a thing of value provided in coordina-
tion with a candidate, as described in section
301(8)(A)(iii), shall be considered to be a con-
tribution to the candidate, and in the case of a
limitation on expenditures, shall be treated as
an expenditure by the candidate.
(b) MEANING OF CONTRIBUTION OR EXPENDITURE
FOR THE PURPOSES OF SECTION 316.—Section 316(b)(2)
of the Federal Election Campaign Act of 1971 (2 U.S.C.
441b(b)) is amended by striking ‘‘shall include’’ and in-
serting ‘‘includes a contribution or expenditure, as those
terms are defined in section 301, and also includes’’.
TITLE III—DISCLOSURE
SEC. 301. FILING OF REPORTS USING COMPUTERS AND
FACSIMILE MACHINES.
Section 302(a) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434(a)) is amended by striking para-
graph (11) and inserting the following:
‘‘(11)(A) The Commission shall promulgate a
regulation under which a person required to file a
designation, statement, or report under this Act—
‘‘(i) is required to maintain and file a des-
ignation, statement, or report for any calendar
year in electronic form accessible by computers
if the person has, or has reason to expect to
have, aggregate contributions or expenditures in
excess of a threshold amount determined by the
Commission; and
‘‘(ii) may maintain and file a designation,
statement, or report in electronic form or an al-
ternative form, including the use of a facsimile
machine, if not required to do so under the reg-
ulation promulgated under clause (i).
‘‘(B) The Commission shall make a designation,
statement, report, or notification that is filed elec-