,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efda ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,price of ,north ,carolina 7for himself and ,mr4 ,van ,hollen7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to clarify the treatment of coordinated expenditures as contributions to candidates1 and for other purposes4 #a4 ,clarification of treatment of coordinated expenditures as contributions to candidates 7a7 ,treatment as contribution to candidate ,section #cja7h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #cjaja7h77;,a77 is amended-- 7#a7 by striking or at the end of clause 7i72 7#b7 by striking the period at the end of clause 7ii7 and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7iii7 any payment made by any person 7other than a candidate1 an authorized committee of a candidate1 or a political committee of a political party7 for a coordinated expenditure 7as such term is defined in section #cbd7 which is not otherwise treated as a contribution under clause 7i7 or clause 7ii74 4 7b7 ,definitions ,section #cbd of such ,act 7#b ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,payments for coordinated expenditures 7a7 ,coordinated expenditures 7#a7 ,in general ,for purposes of section #cja7h77;,a77iii71 the term coordinated expenditure means-- 7,a7 any expenditure1 including a payment for a covered communication described in subsection 7d71 which is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 as provided in subsection 7b72 or 7,b7 any payment for any communication which republishes1 disseminates1 or distributes1 in whole or in part1 any broadcast or any written1 graphic1 or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee4 7#b7 ,exception for payments for certain communications ,a payment for a communication 7including a covered communication described in subsection 7d7 shall not be treated as a coordinated expenditure under this subsection if-- 7,a7 the communication appears in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station1 newspaper1 magazine1 or other periodical publication1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate2 or 7,b7 the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the ,commission pursuant to section #cjd7;f77#c77;,b77iii71 or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum4 7b7 ,coordination described 7#a7 ,in general ,for purposes of this section1 a payment is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 if the payment is not made entirely independently of the candidate1 committee1 or agents1 including a payment which is made pursuant to any general or particular understanding1 or more than incidental communication with1 the candidate1 committee1 or agents about the payment4 7#b7 ,no finding of coordination based solely on sharing of information regarding legislative or policy position ,for purposes of this section1 a payment shall not be considered to be made by a person in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee1 or with agents of the candidate or committee1 regarding that person's position on a legislative or policy matter 7including urging the candidate or committee to adopt that person's position71 so long as there is no discussion between the person and the candidate or committee1 or agents of the candidate or committee1 regarding the candidate's or committee's campaign advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 or campaign operations4 7#c7 ,no effect on party coordination standard ,nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section #cae7;d74 7#d7 ,no safe harbor for use of firewall ,a person shall be determined to have made a payment in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals providing services for or on behalf of the person and the candidate or committee or agents of the candidate or committee4 7c7 ,special rule for payments by coordinated spenders for covered communications 7#a7 ,payments deemed to be made in cooperation1 consultation1 or concert with1 candidates ,for purposes of this section1 if the person who makes a payment for a covered communication is a coordinated spender with respect to the candidate involved1 the person shall be deemed to have made the payment in cooperation1 consultation1 or concert with the candidate4 7#b7 ,coordinated spender defined ,for purposes of this subsection1 the term coordinated spender means1 with respect to a candidate or an authorized committee of a candidate1 a person 7other than a political committee of a political party7 for which any of the following applies3 7,a7 ,the person is directly or indirectly formed or established by or at the request or suggestion of1 or with the encouragement of1 the candidate or committee or agents of the candidate or committee1 including with the express or tacit approval of the candidate or committee or agents of the candidate or committee4 7,b7 ,the candidate or committee or agents of the candidate or committee solicit funds or engage in other fundraising activity on the person's behalf during the election cycle involved1 including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity1 regardless of whether the person pays fair market value for the names or lists provided4 7,c7 ,the person is established1 directed1 or managed by any person who1 during the election cycle involved or during the #d-year period ending on the first day of the election cycle involved1 has been employed or retained as a political1 media1 or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee1 or has held a formal position with a title for the candidate or committee4 7,d7 ,during the election cycle involved1 the person has had more than incidental communications with the candidate or committee or agents of the candidate or committee about the candidate's campaign needs or activities1 or about the person's possible or actual campaign activities with respect to the candidate or committee4 7,e7 ,the person has retained the professional services of any person who1 during the same election cycle1 has provided or is providing professional services relating to the campaign to the candidate or committee4 ,for purposes of this subparagraph1 the term professional services includes any services in support of the candidate's or committee's campaign activities1 including advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 and campaign operations1 but does not include accounting or legal services4 7,f7 ,the person is established1 directed1 or managed by a member of the immediate family of the candidate1 or 7in the case of a person that is a political committee7 has received a contribution from a member of the immediate family of the candidate4 ,for purposes of this subparagraph1 the term immediate family has the meaning given such term in section #ijjd7;e7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,limitation ,paragraph 7#b7 shall apply to a person with respect to a candidate or authorized committee during a calendar quarter only if #bj percent or more of that person's total spending for covered 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-- 7,a7 communications that promote or support that candidate1 or attack or oppose the opponent of that candidate1 in the case of covered communications described in subsection 7d77#a72 and 7,b7 communications that refer to that candidate or an opponent of that candidate1 in the case of covered communications described in subsection 7d77#b74 7d7 ,covered communication defined 7#a7 ,in general ,for purposes of this section1 the term covered communication means1 with respect to a candidate or an authorized committee of a candidate1 a public communication 7as defined in section #cja7bb77 which-- 7,a7 promotes or supports the candidate1 or attacks or opposes an opponent of the candidate 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7,b7 refers to the candidate or an opponent of the candidate but is not described in subparagraph 7,a71 but only if the communication is disseminated during the applicable election period4 7#b7 ,applicable election period ,in paragraph 7#a77;,b71 the applicable election period with respect to a communication means-- 7,a7 in the case of a communication which refers to a candidate for the office of ,president or ,vice ,president1 the period which begins on the date that is #abj days before the date of the first primary election1 preference election1 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 office2 or 7,b7 in the case of a communication which refers to a candidate for any other office1 which begins on the date that is #ij days before the primary or preference election1 or convention or caucus of a political party that has authority to nominate a candidate1 for the office sought by the candidate and ends on the date of the general election for such office4 7#c7 ,special rules for communications involving congressional candidates ,for purposes of this subsection1 a public communication shall not be considered to be a covered communication 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 distributed in the jurisdiction of the office the candidate is seeking4 7e7 ,election cycle defined ,in this section1 the term election cycle means1 with respect to an election for ,federal office1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 4 7c7 ,effective date 7#a7 ,repeal of existing regulations on coordination ,effective upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act-- 7,a7 the regulations on coordinated communications adopted by the ,federal ,election ,commission which are in effect on the date of the enactment of this ,act 7as set forth in #aa ,,cfr part #aji1 subpart ,c1 under the heading ,coordination7 are repealed2 and 7,b7 the ,federal ,election ,commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this ,act4 7#b7 ,effective date ,the amendments made by this section shall apply with respect to payments made on or after the expiration of the #abj-;day period which begins on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations in accordance with paragraph 7#a77;,b7 as of the expiration of such period4 #b4 ,clarification of ban on fundraising for super pacs by federal candidates and officeholders 7a7 ,in ,general ,section #cbc7;e77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #cjabe7;e77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,a72 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 solicit1 receive1 direct1 or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act 7or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions71 or to or on behalf of any political organization under section #ebg of the ,internal ,revenue ,code of #aihf which accepts such donations or contributions 7other than a committee of a ,state or local political party or a candidate for election for ,state or local office74 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply with respect to elections occurring after ,january #a1 #bjae4