H.R.5175 - DISCLOSE Act

To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes. view all titles (9)

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All Bill Titles

  • Official: To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes. as introduced.
  • Popular: Democracy is Strengthened by Casting Light on Spending in Elections Act as introduced.
  • Popular: DISCLOSE Act as introduced.
  • Short: Democracy is Strengthened by Casting Light on Spending in Elections Act as introduced.
  • Short: DISCLOSE Act as introduced.
  • Short: Democracy is Strengthened by Casting Light on Spending in Elections Act as reported to house.
  • Short: DISCLOSE Act as reported to house.
  • Short: Democracy is Strengthened by Casting Light on Spending in Elections Act as passed house.
  • Short: DISCLOSE Act as passed house.

Bill's Views

  • Today: 201
  • Past Seven Days: 1,010
  • All-Time: 95,100
 
Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
04/28/10
 
06/24/10
 
 
 
 
 

Official Bill Text Comment on about 110 Pages

Sponsor

Representative

Christopher Van Hollen

D-MD

View Co-Sponsors (114)
 

Latest Vote

Result: Passed - June 24, 2010

Roll call number 391 in the House

Question: On Passage: H R 5175 Democracy is Strengthened by Casting Light on Spending in Elections Act or the DISCLOSE Act

Required percentage of 'Aye' votes: 1/2 (50%)
Percentage of 'aye' votes: 50%
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Democrats Voting 'Aye'

Rep. Gary Ackerman [D, NY-5]
John Adler
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Rep. Joe Baca [D, CA-43]
Brian Baird
Rep. Tammy Baldwin [D, WI-2]
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Robert Berry
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
John Boccieri
Rep. Leonard Boswell [D, IA-3]
Frederick Boucher
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Dennis Cardoza [D, CA-18]
Rep. Russ Carnahan [D, MO-3]
Christopher Carney
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Rep. Ben Chandler [D, KY-6]
Rep. Judy Chu [D, CA-32]
Rep. William Clay [D, MO-1]
Rep. Emanuel Cleaver [D, MO-5]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. Gerald Connolly [D, VA-11]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jim Costa [D, CA-20]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Rep. Susan Davis [D, CA-53]
Artur Davis
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Rosa DeLauro [D, CT-3]
Rep. Ted Deutch [D, FL-19]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Michael Doyle [D, PA-14]
Steve Driehaus
Thomas Edwards
Rep. Keith Ellison [D, MN-5]
Brad Ellsworth
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Bob Etheridge
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Bill Foster
Rep. Barney Frank [D, MA-4]
Rep. John Garamendi [D, CA-10]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Alan Grayson
Rep. Al Green [D, TX-9]
Rep. Raymond Green [D, TX-29]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutiérrez [D, IL-4]
John Hall
Deborah Halvorson
Phil Hare
Rep. Jane Harman [D, CA-36]
Rep. Martin Heinrich [D, NM-1]
Rep. Brian Higgins [D, NY-27]
Rep. James Himes [D, CT-4]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Paul Hodes
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Steve Kagen
Paul Kanjorski
Rep. Marcy Kaptur [D, OH-9]
Patrick Kennedy
Rep. Dale Kildee [D, MI-5]
Mary Jo Kilroy
Rep. Ronald Kind [D, WI-3]
Ann Kirkpatrick
Rep. Larry Kissell [D, NC-8]
Ron Klein
Suzanne Kosmas
Rep. Dennis Kucinich [D, OH-10]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Ben Luján [D, NM-3]
Rep. Stephen Lynch [D, MA-9]
Daniel Maffei
Rep. Carolyn Maloney [D, NY-14]
Betsy Markey
Rep. Edward Markey [D, MA-7]
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Betty McCollum [D, MN-4]
Rep. James McDermott [D, WA-7]
Rep. James McGovern [D, MA-3]
Michael McMahon
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Charles Melancon
Rep. Michael Michaud [D, ME-2]
Rep. George Miller [D, CA-7]
Rep. Bradley Miller [D, NC-13]
Alan Mollohan
Rep. Gwen Moore [D, WI-4]
Dennis Moore
Rep. James Moran [D, VA-8]
Scott Murphy
Patrick Murphy
Rep. Christopher Murphy [D, CT-5]
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
James Oberstar
David Obey
Rep. John Olver [D, MA-1]
Solomon Ortiz
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Nancy Pelosi [D, CA-8]
Rep. Ed Perlmutter [D, CO-7]
Thomas Perriello
Rep. Gary Peters [D, MI-9]
Rep. Chellie Pingree [D, ME-1]
Rep. Jared Polis [D, CO-2]
Earl Pomeroy
Rep. David Price [D, NC-4]
Rep. Mike Quigley [D, IL-5]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Mike Ross [D, AR-4]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Timothy Ryan [D, OH-17]
John Salazar
Rep. Loretta Sanchez [D, CA-47]
Rep. Linda Sánchez [D, CA-39]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Mark Schauer
Rep. Adam Schiff [D, CA-29]
Rep. Kurt Schrader [D, OR-5]
Rep. Allyson Schwartz [D, PA-13]
Rep. Robert Scott [D, VA-3]
Rep. David Scott [D, GA-13]
Rep. José Serrano [D, NY-16]
Joe Sestak
Carol Shea-Porter
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Ike Skelton
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Victor Snyder
Zachary Space
Rep. Jackie Speier [D, CA-12]
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Harry Teague
Rep. Michael Thompson [D, CA-1]
Rep. John Tierney [D, MA-6]
Dina Titus
Rep. Paul Tonko [D, NY-21]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Diane Watson
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Charles Wilson
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]
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Republicans Voting 'Aye'

Anh Cao
Michael Castle
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Others Voting 'Aye'

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Others Voting 'Abstain'

 

OpenCongress Summary

This is the Democrats' response to the Supreme Courts' recent Citizens United v. FEC ruling. It seeks to increase transparency of corporate and special-interest money in national political campaigns. It would require organizations involved in political campaigning to disclose the identity of the large donors, and to reveal their identities in any political ads they fund. It would also bar foreign corporations, government contractors and TARP recipients from making political expenditures. Notably, the bill would exempt all long-standing, non-profit organizations with more than 500,000 members from having to disclose their donor lists.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

6/24/2010--Passed House amended. Democracy is Strengthened by Casting Light on Spending in Elections Act or DISCLOSE Act - Title I: Regulation of Certain Political Spending - (Sec. 101) Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit: (1) independent expenditures and pa
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Official Summary

6/24/2010--Passed House amended. Democracy is Strengthened by Casting Light on Spending in Elections Act or DISCLOSE Act - Title I: Regulation of Certain Political Spending -

(Sec. 101)

Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit:
(1) independent expenditures and payments for electioneering communications by government contractors if the value of the contract is at least $10 million;
(2) recipients of assistance under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 (EESA) from making any contribution to any political party, committee, or candidate for public office, or to any person for any political purpose or use, or from making any independent expenditure or disbursing any funds for an electioneering communication; and
(3) persons who enter into negotiations for an oil or gas exploration, development, or production lease under the Outer Continental Shelf Lands Act from making any contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use, or from making any independent expenditure or disbursing any funds for an electioneering communication.

(Sec. 102)

Applies the ban on contributions and expenditures by foreign nationals to foreign-controlled domestic corporations. Requires the highest ranking official of a corporation, before making any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication in connection with a federal election, to file a certification with the Federal Election Commission (FEC), if this has not been done already, that the corporation is not prohibited from carrying out such activity. Declares that nothing prohibits any domestic corporation from establishing, administering, and soliciting contributions to a separate segregated fund, so long as:
(1) none of the amounts in the fund are provided by any prohibited foreign national; and
(2) no such foreign national has the power to direct, dictate, or control the fund. Declares that nothing prohibits any domestic corporation from making a contribution or donation in connection with a state or local election to the extent permitted under state or local law, so long as no foreign national has the power to direct, dictate, or control such contribution or donation. Declares that nothing prohibits any domestic corporation from carrying out certain activities, so long as:
(1) none of the amounts used to carry out such activities are provided by any prohibited foreign national; and
(2) no prohibited foreign national has the power to direct, dictate, or control such activity.

(Sec. 103)

Treats as contributions:
(1) any payments by any person (except a candidate, a candidate's authorized committee, or a political committee of a political party) for coordinated communications; and
(2) political party communications made on behalf of candidates if made under the control or direction of a candidate or a candidate's authorized committee. Defines "coordinated communication" as:
(1) a publicly distributed or disseminated communication referring to a candidate or an opponent of such candidate which is made during a specified election period in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or a political committee of a political party; or
(2) any communication that republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by a candidate, a candidate's authorized committee, or their agents. Excludes from the meaning of "coordinated communication":
(1) a communication appearing 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
(2) a communication which constitutes a candidate debate or forum.` Repeals the prohibition against contributions by individuals age 17 or younger.

(Sec. 105)

Prohibits a communication which is disseminated through the Internet from being treated as a form of general public political advertising unless the communication was placed for a fee on another person's website. Title II: Promoting Effective Disclosure of Campaign-Related Activity - Subtitle A: Treatment of Independent Expenditures and Electioneering Communications Made by All Persons -

(Sec. 201)

Revises the definition of independent expenditure to mean, in part, an expenditure that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy. Requires any person making independent expenditures exceeding $10,000 to:
(1) file a report electronically within 24 hours; and
(2) file a new report electronically each time the person makes or contracts to make independent expenditures in an aggregate amount equal to or greater than $10,000 (or $1,000, if less than 20 days before an election) with respect to the same election.

(Sec. 202)

Increases from 60 days to 120 days the period before a general election during which a communication shall be considered an electioneering communication.

(Sec. 203)

Requires mandatory electronic filing by persons making independent expenditures or electioneering communications exceeding $10,000 at any time. Subtitle B: Expanded Requirements for Corporations and Other Organizations -

(Sec. 211)

Requires corporations, labor organizations, tax-exempt charitable organizations, and political organizations other than political committees (covered organizations) to include specified additional information in reports on independent expenditures of at least $10,000, including certain actual or deemed transfers of money to other persons, but excluding amounts paid from separate segregated funds as well as amounts designated for specified campaign-related activities. Requires certain additional information in electioneering communication reports. Prescribes special rules for transfers aggregating at least $50,000 between covered organizations treated as transfers between affiliates, including transfers to affiliated tax-exempt charitable organizations.

(Sec. 212)

Sets forth special rules for the use of general treasury funds by covered organizations for campaign-related activity, including both designated and unrestricted donor payments to an organization. Authorizes mutually agreed restrictions on the use of donated funds for campaign-related activity between a covered organization and a person who does not want his or her identity disclosed in a significant funder statement or a Top 5 Funders list. Prescribes special rules for transfers aggregating at least $50,000 between covered organizations treated as transfers between affiliates, including transfers to affiliated tax-exempt charitable organizations.

(Sec. 213)

Authorizes covered organizations to make optional use of a separate Campaign-Related Activity Account for making disbursements for campaign-related activity. Requires such an Account to be reduced by the amount of organization revenues attributable to donations or payments from a person other than the covered organization who has an agreement with the organization that it will not use such donations or payments for campaign related activity.

(Sec. 214)

Requires any electioneering communication transmitted through radio or television which is paid for by a political committee (including a political committee of a political party), other than a political committee which receives or accepts contributions or donations which do not comply with the contribution limits or source prohibitions of FECA, to include an audio statement identifying the name of the political committee responsible. Prescribes additional information to be included in certain radio or television electioneering communications by persons (including significant funders of campaign-related communications of a covered organization) other than a candidate, a candidate's authorized committee, or a political committee of a political party. Prescribes a format for the individual disclosure statement.

(Sec. 215)

Indexes certain amounts under FECA. Subtitle C: Reporting Requirements for Registered Lobbyists -

(Sec. 221)

Amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to report information on independent expenditures or electioneering communications of at least $1,000 to the Secretary of the Senate and the Clerk of the House of Representatives. Title III: Disclosure by Covered Organizations of Information on Campaign Related Activity -

(Sec. 301)

Requires covered organizations to disclose to shareholders, members, or donors information on disbursements for campaign-related activity. Requires a covered organization that maintains an Internet site to post on it a hyperlink from its homepage to the location on the FEC website containing information required to be reported with respect to public independent expenditures, including disbursements for electioneering communications. Title IV: Other Provisions -

(Sec. 401)

Authorizes judicial review of the provisions of this Act by the U.S. District Court for the District of Columbia, and on appeal by the Court of Appeals for the District of Columbia Circuit. Grants Members of Congress the right to:
(1) bring an action to challenge the constitutionality of a provision of this Act; or
(2) intervene in any action challenging the constitutionality of a provision of this Act, either in support of or opposition to the position of a party to the case.

(Sec. 402)

Declares that nothing in this Act shall be construed to affect any provision of law, rule, or regulation which waives a requirement to disclose information relating to any person in any case in which there is a reasonable probability that the information disclosure would subject the person to threats, harassments, or reprisals.

...Read the Rest

Organizations Supporting H.R.5175

  • Campaign Legal Center
  • Democracy 21
  • Public Citizen
  • Sunlight Foundation
  • Public Campaign
  • Common Cause
  • ...and 2 more. See all.

Organizations Opposing H.R.5175

  • Center for Competitive Politics
  • Citizens United
  • United States Chamber of Commerce
  • American Petroleum Institute
  • Sierra Club
  • National Retail Federation
  • ...and 66 more. See all.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent News Coverage

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11/09/10
RE: H.R.5175

In Congress, the House passed the DISCLOSE Act, (HR 5175). Senate Republican leader Mitch McConnell has favoured disclosure for 20 years, but led efforts to ...

Source: The Guardian
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10/31/10
Scott Nigell says Glenn Nye voted against bill that would have defunded $5 ...

Asked to support the statement, Rigell's camp pointed to a procedural vote on a rule held during consideration of HR 5175, the Democracy is Strengthened by ...

Source: PolitiFact
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10/29/10
Voter's Guide 2010: NH representative to US Congress

Elections & Campaign Finance: Shea-Porter supported HR 5175, which tightened campaign finance disclosure requirements. In 2007, she supported giving voting ...

Source: Wire
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12/14/11
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http://www.actforamerica.org/. ActBlue — The online clearinghouse for Democratic Action The online clearinghouse for Democratic action. Hot candidates and committees. Want blue states. Raised online since 2004. http://www.actblue.com/, USA ... H.R.5175

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http://www.actforamerica.org/. ActBlue — The online clearinghouse for Democratic Action The online clearinghouse for Democratic action. Hot candidates and committees. Want blue states. Raised online since 2004. http://www.actblue.com/, USA ... H.R.5175

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http://www.actforamerica.org/. ActBlue — The online clearinghouse for Democratic Action The online clearinghouse for Democratic action. Hot candidates and committees. Want blue states. Raised online since 2004. http://www.actblue.com/, USA ... H.R.5175

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