I 
111TH CONGRESS 
2D SESSION 
H. R. 5175 
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 elec-
tions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2010 
Mr. VAN HOLLEN (for himself, Mr. CASTLE, Mr. BRADY of Pennsylvania, and 
Mr. JONES) introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
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 dis-
closure requirements with respect to spending in such 
elections, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Democracy is Strengthened by Casting Light on Spend-
ing in Elections Act’’ or the ‘‘DISCLOSE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—REGULATION OF CERTAIN POLITICAL SPENDING 
Sec. 101. Prohibiting independent expenditures and electioneering communica-
tions by government contractors. 
Sec. 102. Application of ban on contributions and expenditures by foreign na-
tionals to foreign-controlled domestic corporations. 
Sec. 103. Treatment of payments for coordinated communications as contribu-
tions. 
Sec. 104. Treatment of political party communications made on behalf of can-
didates. 
TITLE II—PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN- 
RELATED ACTIVITY 
Subtitle A—Treatment of Independent Expenditures and Electioneering 
Communications Made by All Persons 
Sec. 201. Independent expenditures. 
Sec. 202. Electioneering communications. 
Subtitle B—Expanded Requirements for Corporations and Other 
Organizations 
Sec. 211. Additional information required to be included in reports on disburse-
ments by covered organizations. 
Sec. 212. Rules regarding use of general treasury funds by covered organiza-
tions for campaign-related activity. 
Sec. 213. Optional use of separate account by covered organizations for cam-
paign-related activity. 
Sec. 214. Modification of rules relating to disclaimer statements required for 
certain communications. 
Subtitle C—Reporting Requirements for Registered Lobbyists 
Sec. 221. Requiring registered lobbyists to report information on independent 
expenditures and electioneering communications. 
TITLE III—DISCLOSURE BY COVERED ORGANIZATIONS OF 
INFORMATION ON CAMPAIGN-RELATED ACTIVITY 
Sec. 301. Requiring disclosure by covered organizations of information on cam-
paign-related activity. 
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TITLE IV—OTHER PROVISIONS 
Sec. 401. Judicial review. 
Sec. 402. Severability. 
Sec. 403. Effective date. 
SEC. 2. FINDINGS. 
(a) GENERAL FINDINGS.—Congress finds and de-
clares as follows: 
(1) Throughout the history of the United 
States, the American people have been rightly con-
cerned about the power of special interests to control 
our democratic processes. That was true over 100 
years ago when Congress first enacted legislation in-
tended to restrict corporate funds from being used 
in Federal elections, legislation that Congress in 
1947 reaffirmed was intended to include inde-
pendent expenditures. The Supreme Court held such 
legislation to be constitutional in 1990 in Austin v. 
Michigan Chamber of Commerce (494 U.S. 652) 
and again in 2003 in McConnell v. F.E.C. (540 U.S. 
93). 
(2) The Supreme Court’s decision in Citizens 
United v. Federal Election Commission on January 
21, 2010, reverses established jurisprudence and 
sound policy to greatly increase the dangers of 
undue special interest influence over the democratic 
process. That decision has opened the floodgates for 
corporations and labor unions to spend unlimited 
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sums from their general treasury accounts to influ-
ence the outcome of elections. 
(3) Congress must take action to ensure that 
the American public has all the information nec-
essary to exercise its free speech and voting rights, 
and must otherwise take narrowly-tailored steps to 
regulate independent expenditures and electioneering 
communications in elections. 
(b) FINDINGS RELATING
TO GOVERNMENT CON-
TRACTORS.—Congress finds and declares as follows: 
(1) Government contracting is an activity that 
is particularly susceptible to improper influence, and 
to the appearance of improper influence. Govern-
ment contracts must be awarded based on an objec-
tive evaluation of how well bidders or potential con-
tractors meet relevant statutory criteria. 
(2) Independent expenditures and electioneering 
communications that benefit particular candidates or 
elected officials or disfavor their opponents can lead 
to apparent and actual ingratiation, access, influ-
ence, and quid pro quo arrangements. Government 
contracts should be awarded based on an objective 
application of statutory criteria, not based on other 
forms of inappropriate or corrupting influence. 
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(3) Prohibiting independent expenditures and 
electioneering communications by persons negoti-
ating for or performing government contracts will 
prevent government officials involved in or with in-
fluence over the contracting process from influencing 
the contracting process based, consciously or other-
wise, on this kind of inappropriate or corrupting in-
fluence. 
(4) Prohibiting independent expenditures and 
electioneering communications by persons negoti-
ating for or performing government contracts will 
likewise prevent such persons from feeling pressure, 
whether actually exerted by government officials or 
not, to make expenditures and to fund communica-
tions in order to maximize their chances of receiving 
contracts, or to match similar expenditures and com-
munications made by their competitors. 
(5) Furthermore, because government contracts 
often involve large amounts of public money, it is 
critical that the public perceive that the government 
contracts are awarded strictly in accordance with 
prescribed statutory standards, and not based on 
other forms of inappropriate or corrupting influence. 
The public’s confidence in government is under-
mined when corporations that make significant ex-
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penditures during Federal election campaigns later 
receive government funds. 
(6) Prohibiting independent expenditures and 
electioneering communications by persons negoti-
ating for or performing government contracts will 
prevent any appearance that government contracts 
were awarded based in whole or in part on such ex-
penditures or communications, or based on the inap-
propriate or corrupting influence such expenditures 
and communications can create and appear to cre-
ate. 
(7) In these ways, prohibiting independent ex-
penditures and electioneering communications by 
persons negotiating for or performing government 
contracts will protect the actual and perceived integ-
rity of the government contracting process. 
(8) Moreover, the risks of waste, fraud and 
abuse, all resulting in economic losses to taxpayers, 
are significant when would-be public contractors or 
applicants for public funds make expenditures in 
Federal election campaigns in order to affect elec-
toral outcomes. 
(c) FINDINGS RELATING
TO FOREIGN CORPORA-
TIONS.—Congress finds and declares as follows: 
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(1) The Supreme Court’s decision in the Citi-
zens United case has provided the means by which 
United States corporations controlled by foreign en-
tities can freely spend money to influence United 
States elections. 
(2) Foreign corporations commonly own U.S. 
corporations in whole or in part, and U.S. corporate 
equity and debt are also held by foreign individuals, 
sovereign wealth funds, and even foreign nations at 
levels which permit effective control over those U.S. 
entities. 
(3) As recognized in many areas of the law, for-
eign ownership interests and influences are exerted 
in a perceptible way even when the entity is not ma-
jority-foreign-owned. 
(4) The Federal Government has broad con-
stitutional power to protect American interests and 
sovereignty from foreign interference and intrusion. 
(5) Congress has a clear interest in minimizing 
foreign intervention, and the perception of foreign 
intervention, in United States elections. 
(d) FINDINGS RELATING TO COORDINATED EXPEND-
ITURES.—Congress finds and declares as follows: 
(1) It has been the consistent view of Congress 
and the courts that coordinated expenditures in 
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campaigns for election are no different in nature 
from contributions. 
(2) Existing rules still allow donors to evade 
contribution limits by making campaign expendi-
tures which, while technically qualifying as inde-
pendent expenditures under law, are for all relevant 
purposes coordinated with candidates and political 
parties and thus raise the potential for corruption or 
the appearance of corruption. 
(3) Such arrangements have the potential to 
give rise to the reality or appearance of corruption 
to the same degree that direct contributions to a 
candidate may give rise to the reality or appearance 
of corruption. Moreover, expenditures which are in 
fact made in coordination with a candidate or polit-
ical party have the potential to lessen the public’s 
trust and faith in the rules and the integrity of the 
electoral process. 
(4) The government therefore has a compelling 
interest in making sure that expenditures that are 
de facto coordinated with a candidate are treated as 
such to prevent corruption, the appearance of cor-
ruption, or the perception that some participants are 
circumventing the laws and regulations which govern 
the financing of election campaigns. 
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(e) FINDINGS RELATING TO DISCLOSURES AND DIS-
CLAIMERS.—Congress finds and declares as follows: 
(1) The American people have a compelling in-
terest in knowing who is funding independent ex-
penditures and electioneering communications to in-
fluence Federal elections, and the government has a 
compelling interest in providing the public with that 
information. Effective disclaimers and prompt disclo-
sure of expenditures, and the disclosure of the fund-
ing sources for these expenditures, can provide 
shareholders, voters, and citizens with the informa-
tion needed to evaluate the actions by special inter-
ests seeking influence over the democratic process. 
Transparency promotes accountability, increases the 
fund of information available to the public con-
cerning the support given to candidates by special 
interests, sheds the light of publicity on political 
spending, and encourages the leaders of organiza-
tions to act only upon legitimate organizational pur-
poses. 
(2) Protecting this compelling interest has be-
come particularly important to address the antici-
pated increase in special interest spending on elec-
tion-related communications which will result from 
the Supreme Court’s decision in the Citizens United 
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case. The current disclosure and disclaimer require-
ments were designed for a campaign finance system 
in which such expenditures were subject to prohibi-
tions that no longer apply. 
(3) More rigorous disclosure and disclaimer re-
quirements are necessary to protect against the eva-
sion of current rules. Organizations that engage in 
election-related communications have used a variety 
of methods to attempt to obscure their sponsorship 
of communications from the general public. Robust 
disclosure and disclaimer requirements are necessary 
to ensure that the electorate is informed about who 
is paying for particular election-related communica-
tions, and so that the shareholders and members of 
these organizations are aware of their organizations’ 
election-related spending. 
(4) The current lack of accountability and 
transparency allow special interest political spending 
to serve as a private benefit for the officials of spe-
cial interest organizations, to the detriment of the 
organizations and their shareholders and members. 
(f) FINDINGS RELATING TO CAMPAIGN SPENDING BY 
LOBBYISTS.—Congress finds and declares as follows: 
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(1) Lobbyists and lobbying organizations, and 
through them, their clients, influence the public deci-
sion-making process in a variety of ways. 
(2) In recent years, scandals involving undue 
lobbyist influence have lowered public trust in gov-
ernment and jeopardized the willingness of voters to 
take part in democratic governance. 
(3) One way in which lobbyists may unduly in-
fluence Federal officials is through their or their cli-
ents making independent expenditures or election-
eering communications targeting elected officials. 
(4) Disclosure of such independent expenditures 
and electioneering communications will allow the 
public to examine connections between such spend-
ing and official actions, and will therefore limit the 
ability of lobbyists to exert an undue influence on 
elected officials. 
TITLE I—REGULATION OF 
CERTAIN POLITICAL SPENDING 
SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND 
ELECTIONEERING 
COMMUNICATIONS 
BY 
GOVERNMENT CONTRACTORS. 
(a) PROHIBITION APPLICABLE
TO GOVERNMENT 
CONTRACTORS.— 
(1) PROHIBITION.— 
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(A) IN
GENERAL.—Section 317(a)(1) of 
the Federal Election Campaign Act (2 U.S.C. 
441c(a)(1)) is amended by striking ‘‘purpose or 
use; or’’ and inserting the following: ‘‘purpose 
or use, to make any independent expenditure, 
or to disburse any funds for an electioneering 
communication; or’’. 
(B) 
CONFORMING
AMENDMENT.—The 
heading of section 317 of such Act (2 U.S.C. 
441c) is amended by striking ‘‘CONTRIBU-
TIONS’’ and inserting ‘‘CONTRIBUTIONS, INDE-
PENDENT
EXPENDITURES, 
AND
ELECTION-
EERING COMMUNICATIONS’’. 
(2) THRESHOLD FOR APPLICATION OF BAN.— 
Section 317 of such Act (2 U.S.C. 441c) is amend-
ed— 
(A) by redesignating subsections (b) and 
(c) as subsections (c) and (d); and 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) To the extent that subsection (a)(1) prohibits 
a person who enters into a contract described in such sub-
section from making any independent expenditure or dis-
bursing funds for an electioneering communication, such 
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subsection shall apply only if the value of the contract is 
equal to or greater than $50,000.’’. 
(b) APPLICATION TO RECIPIENTS OF ASSISTANCE 
UNDER TROUBLED ASSET PROGRAM.—Section 317(a) of 
such Act (2 U.S.C. 441c(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) who enters into negotiations for financial 
assistance under title I of the Emergency Economic 
Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) 
(relating to the purchase of troubled assets by the 
Secretary of the Treasury), during the period— 
‘‘(A) beginning on the later of the com-
mencement of the negotiations or the date of 
the enactment of the Democracy is Strength-
ened by Casting Light on Spending in Elections 
Act; and 
‘‘(B) ending with the later of the termi-
nation of such negotiations or the repayment of 
such financial assistance; 
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directly or indirectly to make any contribution of 
money or other things of value, or to promise ex-
pressly or impliedly to make any such contribution 
to any political party, committee, or candidate for 
public office or to any person for any political pur-
pose or use, to make any independent expenditure, 
or to disburse any funds for an electioneering com-
munication; or’’. 
(c) TECHNICAL AMENDMENT.—Section 317 of such 
Act (2 U.S.C. 441c) is amended by striking ‘‘section 321’’ 
each place it appears and inserting ‘‘section 316’’. 
SEC. 102. APPLICATION OF BAN ON CONTRIBUTIONS AND 
EXPENDITURES BY FOREIGN NATIONALS TO 
FOREIGN-CONTROLLED 
DOMESTIC 
COR-
PORATIONS. 
(a) APPLICATION OF BAN.—Section 319(b) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 
441e(b)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
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‘‘(3) any corporation which is not a foreign na-
tional described in paragraph (1) and— 
‘‘(A) in which a foreign national described 
in paragraph (1) or (2) directly or indirectly 
owns 20 percent or more of the voting shares; 
‘‘(B) with respect to which the majority of 
the members of the board of directors are for-
eign nationals described in paragraph (1) or 
(2); 
‘‘(C) over which one or more foreign na-
tionals described in paragraph (1) or (2) has 
the power to direct, dictate, or control the deci-
sion-making process of the corporation with re-
spect to its interests in the United States; or 
‘‘(D) over which one or more foreign na-
tionals described in paragraph (1) or (2) has 
the power to direct, dictate, or control the deci-
sion-making process of the corporation with re-
spect to activities in connection with a Federal, 
State, or local election, including— 
‘‘(i) the making of a contribution, do-
nation, expenditure, independent expendi-
ture, or disbursement for an electioneering 
communication (within the meaning of sec-
tion 304(f)(3)); or 
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‘‘(ii) the administration of a political 
committee established or maintained by the 
corporation.’’. 
(b) CERTIFICATION OF COMPLIANCE.—Section 319 
of such Act (2 U.S.C. 441e) is amended by adding at the 
end the following new subsection: 
‘‘(c) CERTIFICATION
OF COMPLIANCE REQUIRED 
PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak-
ing of any contribution, donation, expenditure, inde-
pendent expenditure, or disbursement for an election-
eering communication by a corporation during a year, the 
chief executive officer of the corporation (or, if the cor-
poration does not have a chief executive officer, the high-
est ranking official of the corporation), shall file a certifi-
cation with the Commission, under penalty of perjury, that 
the corporation is not prohibited from carrying out such 
activity under subsection (b)(3), unless the chief executive 
officer has previously filed such a certification during the 
year.’’. 
(c) NO EFFECT ON OTHER LAWS.—Section 319 of 
such Act (2 U.S.C. 441e), as amended by subsection (b), 
is further amended by adding at the end the following new 
subsection: 
‘‘(d) NO EFFECT ON OTHER LAWS.—Nothing in this 
section shall be construed to affect the determination of 
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whether a corporation is treated as a foreign national for 
purposes of any law other than this Act.’’. 
SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED 
COMMUNICATIONS AS CONTRIBUTIONS. 
(a) IN GENERAL.—Section 301(8)(A) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(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 com-
mittee of a candidate, or a political committee 
of a political party) for a coordinated commu-
nication (as determined under section 324).’’. 
(b) COORDINATED COMMUNICATIONS DESCRIBED.— 
Section 324 of such Act (2 U.S.C. 431 et seq.) is amended 
to read as follows: 
‘‘SEC. 324. COORDINATED COMMUNICATIONS. 
‘‘(a) COORDINATED COMMUNICATIONS DEFINED.— 
For purposes of this Act, the term ‘coordinated commu-
nication’ means— 
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‘‘(1) a covered communication which is made in 
cooperation, consultation, or concert with, or at the 
request or suggestion of, a candidate, an authorized 
committee of a candidate, or a political committee of 
a political party; or 
‘‘(2) any communication that republishes, dis-
seminates, or distributes, in whole or in part, any 
broadcast or any written, graphic, or other form of 
campaign material prepared by a candidate, an au-
thorized committee of a candidate, or their agents. 
‘‘(b) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (4), for purposes of this subsection, the term 
‘covered communication’ means, for purposes of the 
applicable election period described in paragraph (2), 
a publicly distributed or disseminated communica-
tion that refers to a clearly identified candidate for 
Federal office and is publicly distributed or publicly 
disseminated during such period. 
‘‘(2) APPLICABLE
ELECTION
PERIOD.—For 
purposes of paragraph (1), the ‘applicable election 
period’ with respect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate for the office of President 
or Vice President, the period— 
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‘‘(i) beginning with the date that is 
120 days before the date of the first pri-
mary election, preference election, or nomi-
nating convention for nomination for the 
office of President which is held in any 
State; and 
‘‘(ii) ending with the date of the gen-
eral election for such office; or 
‘‘(B) in the case of a communication which 
refers to a candidate for any other Federal of-
fice, the period— 
‘‘(i) beginning with the date that is 90 
days before the earliest of the primary 
election, preference election, or nominating 
convention with respect to the nomination 
for the office that the candidate is seeking; 
and 
‘‘(ii) ending with the date of the gen-
eral election for such office. 
‘‘(3) SPECIAL RULE FOR PUBLIC DISTRIBUTION 
OF
COMMUNICATIONS
INVOLVING
CONGRESSIONAL 
CANDIDATES.—For purposes of paragraph (1), in 
the case of a communication involving a candidate 
for an office other than President or Vice President, 
the communication shall be considered to be publicly 
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distributed or publicly disseminated only if the dis-
semination or distribution occurs in the jurisdiction 
of the office that the candidate is seeking. 
‘‘(4) EXCEPTION.—The term ‘covered commu-
nication’ does not include— 
‘‘(A) a communication appearing in a news 
story, commentary, or editorial distributed 
through the facilities of any broadcasting sta-
tion, newspaper, magazine, or other periodical 
publication, unless such facilities are owned or 
controlled by any political party, political com-
mittee, or candidate; or 
‘‘(B) a communication which constitutes a 
candidate debate or forum conducted pursuant 
to the regulations adopted by the Commission 
to carry out 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. 
‘‘(c) TREATMENT OF COORDINATION WITH POLIT-
ICAL PARTIES
FOR COMMUNICATIONS REFERRING
TO 
CANDIDATES.—For purposes of this section, if a commu-
nication which refers to any clearly identified candidate 
or candidates of a political party or any opponent of such 
a candidate or candidates is determined to have been made 
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in cooperation, consultation, or concert with or at the re-
quest or suggestion of a political committee of the political 
party but not in cooperation, consultation, or concert with 
or at the request or suggestion of such clearly identified 
candidate or candidates, the communication shall be treat-
ed as having been made in cooperation, consultation, or 
concert with or at the request or suggestion of the political 
committee of the political party but not with or at the 
request or suggestion of such clearly identified candidate 
or candidates.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section and the amend-
ments made by this section shall apply with respect 
to payments made on or after the expiration of the 
30-day period which begins on the date of the enact-
ment of this Act, without regard to whether or not 
the Federal Election Commission has promulgated 
regulations to carry out such amendments. 
(2) TRANSITION
RULE
FOR
ACTIONS
TAKEN 
PRIOR TO ENACTMENT.—No person shall be consid-
ered to have made a payment for a coordinated com-
munication under section 324 of the Federal Elec-
tion Campaign Act of 1971 (as amended by sub-
section (b)) by reason of any action taken by the 
person prior to the date of the enactment of this 
VerDate Mar 15 2010 
00:40 Apr 30, 2010
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E:\BILLS\H5175.IH
H5175
jbell on DSKDVH8Z91PROD with BILLS