The DISCLOSE ACT: An Overview - State and Federal Communications

August 25, 2010  •  

The DISCLOSE ACT: An Overview

U.S. CapitolThe Act was introduced as a response to the Supreme Court’s Citizens United decision.  It passed the House, but failed in the Senate before the August recess.  It is headed back to the floor for a vote next month when the Senate returns.

The Act would amend the Federal Election Campaign Act as follows:

  • Prohibit foreign-controlled domestic corporations from making contributions and expenditures;
  • Require that prior to making any contribution or expenditure, the highest ranking official of a corporation must file a certification with the FEC that they are not prohibited from making the contribution or expenditure;
  • Declare that a domestic corporation is permitted to create and solicit contributions for a separate segregated fund, as long as a foreign national does not contribute to or have any power or control over the fund;
  • Require that any person or corporation that makes an independent expenditures of more than $10,000:
    • File a disclosure report within 24 hours of the expenditure; and
    • File a new report each time they make or contract to make another expenditures of $10,000 or more;
    • Require that certain radio or television ads include a statement identifying the name of the committee responsible for it; and
    • Require corporations, labor organization, non-profits, and political organizations to report additional information on their independent expenditure reports, including certain transfers of money.

    Photo by Diliff on Wikipedia.

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