119-hr5238

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5238 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5238

To amend the Federal Election Campaign Act to clarify the treatment of 
coordinated expenditures as contributions made to candidates under such 
 Act, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 9, 2025

 Mrs. Ramirez (for herself, Mr. Mullin, and Ms. Tlaib) introduced the 
 following bill; which was referred to the Committee on House 
 Administration

_______________________________________________________________________

 A BILL

To amend the Federal Election Campaign Act to clarify the treatment of 
coordinated expenditures as contributions made to candidates under such 
 Act, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Stop Super PAC-Candidate 
Coordination Act''.

SEC. 2. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS 
 CONTRIBUTIONS TO CANDIDATES.

    (a) Treatment as Contribution to Candidate.--

Section 301

    (8)
        (A) of 
the Federal Election Campaign 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 committee of a candidate, or 
 a political committee of a political party) for a 
 coordinated expenditure (as such term is defined in 
 

section 325) which is not otherwise treated as a 
 contribution under clause
            (i) or clause
            (ii) .''.

    (b) 

=== Definitions. ===
-Title III of such Act (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following new section:

``

SEC. 325. 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, or any payment for a covered 
 communication described in subsection
            (d) , which is 
 made in cooperation, consultation, or concert with, or 
 at the request or suggestion of, a candidate, an 
 authorized committee 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 committee or by agents of the 
 candidate or committee (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 station, newspaper, 
 magazine, or other periodical publication, unless such 
 facilities are owned or controlled by any political 
 party, political committee, or candidate; or
 ``
        (B) the communication constitutes a candidate 
 debate or forum conducted pursuant to regulations 
 adopted by the Commission pursuant 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 debate or forum.
 ``

    (b) Coordination Described.--
 ``

    (1) In general.--For purposes of this section, a payment 
 is made `in cooperation, consultation, or concert with, or at 
 the request or suggestion of,' a candidate, an authorized 
 committee of a candidate, a political committee of a political 
 party, or agents of the candidate or committee, if the payment, 
 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 understanding 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 discussions 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 candidate or committee, or any agent 
 of the candidate or committee, regarding the candidate's or 
 committee's campaign advertising, message, strategy, policy, 
 polling, allocation of resources, fundraising, or other 
 campaign activities.
 ``

    (3) 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 315
            (d) .
 ``

    (4) No safe harbor for use of firewall.--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 
 without 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, consultation, 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 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 payment, 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 engages in other fundraising 
 activity on the person'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, 
 regardless of whether the person pays fair market value 
 for the names or lists provided. For purposes of this 
 subparagraph, 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 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 ending on the date on 
 which the person makes the payment, has been employed 
 or retained as a political, campaign media, or 
 fundraising adviser or consultant for the candidate or 
 committee or for any other entity directly or 
 indirectly controlled by the candidate or committee, or 
 has held a formal position with the candidate or 
 committee (including a position as an employee of the 
 office of the candidate at any time the candidate held 
 any Federal, State, or local public office during the 
 4-year period).
 ``
            (D) The person has retained the professional 
 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 campaign to the candidate or 
 committee, without regard to whether the person 
 providing the professional services used a firewall. 
 For purposes of this subparagraph, the term 
 `professional services' includes any services in 
 support of the candidate's or committee's campaign 
 activities, including advertising, message, strategy, 
 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 incidental discussions about 
 the candidate's campaign with 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.
 ``
            (d) Covered Communication Defined.--
 ``

    (1) In general.--For purposes of this section, 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) 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 election of the 
 candidate, or attacks or opposes the election of an 
 opponent of the candidate (regardless of whether the 
 communication expressly advocates the election or 
 defeat of a candidate or contains the functional 
 equivalent of express advocacy); or
 ``
            (C) refers to the candidate or an opponent of the 
 candidate but is not described in subparagraph
        (A) or 
 subparagraph
        (B) , but only if the communication is 
 disseminated during the applicable election period.
 ``

    (2) Applicable election period.--In paragraph

    (1)
            (C) , the 
 `applicable election period' with respect 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
 ``
        (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 candidate, the 60-day period 
 which ends on the date of the election or convention or 
 caucus.
 ``

    (3) Special rules for communications involving 
 congressional candidates.--For purposes of this subsection, 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 seeking.
 ``

    (e) Penalty.--
 ``

    (1) Determination of amount.--Any person 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, 300 
 percent of the amount by which the amount of the 
 payment made by the person exceeds such applicable 
 contribution limit; or
 ``
        (B) in the case of a person who is prohibited 
 under this Act from making a contribution in any 
 amount, 300 percent of the amount of the payment made 
 by the person for the coordinated expenditure.
 ``

    (2) Joint and several liability.--Any director, 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 Commission imposes the penalty or the 1-year period which 
 begins on the date of the final judgment following any judicial 
 review of the Commission's action, whichever is later.''.
            (c) Effective Date.--

    (1) Repeal of existing regulations on coordination.--
 Effective upon the expiration of the 90-day period which begins 
 on the date of the enactment of this Act--
        (A) the regulations on coordinated communications 
 adopted by the Federal Election Commission 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 
 ``Coordination'') 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 period which begins on the date of 
 the enactment of this Act, without regard to whether or not the 
 Federal Election Commission has promulgated regulations 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) ;

    (2) by striking the period at the end of subparagraph
        (B) and inserting ``; or''; and

    (3) by adding at the end the following new subparagraph:
 ``
            (C) solicit, receive, direct, or transfer funds 
 to or on behalf of any political committee which 
 accepts donations or contributions that do not comply 
 with the limitations, prohibitions, and reporting 
 requirements of this Act (or to or on behalf of any 
 account of a political committee which is established 
 for the purpose of accepting such donations or 
 contributions), or to or on behalf of any political 
 organization under 

section 527 of the Internal Revenue 
 Code of 1986 which accepts such donations or 
 contributions (other than a committee of a State or 
 local political party or a candidate for election for 
 State or local office).''.

    (b) Effective Date.--The amendment made by subsection

    (a) shall 
apply with respect to elections occurring after January 1, 2026.
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