DISCLOSE Act of 2026

Bill Number: S. 3991
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2026-03-04: Read twice and referred to the Committee on Rules and Administration.
Last Updated: 2026-04-24T14:21:24Z

AI-Generated Summary

Purpose

The DISCLOSE Act of 2026 aims to increase transparency in election spending by requiring detailed disclosures from corporations, labor organizations, Super PACs, and other entities. It seeks to close loopholes that allow foreign nationals to influence U.S. elections, enforce bans on foreign money more effectively, and promote an informed electorate by revealing the true sources of campaign funds. The act emphasizes that disclosure is a minimally restrictive way to prevent corruption and ensure accountability, consistent with Supreme Court rulings like Buckley v. Valeo and Citizens United v. FEC.

Key Provisions

The bill is divided into five titles, each addressing specific aspects of campaign finance reform:

Title I: Closing Loopholes on Foreign Money in Elections
Clarifies that the ban on foreign national contributions applies to disbursements for expenditures, independent expenditures (spending that supports or opposes a candidate without coordination), electioneering communications (ads mentioning candidates near elections), and certain online promotions.
Mandates a study by the Comptroller General every four years (starting with the 2024 cycle, sunsetting after 2036) on illicit foreign money in federal elections, including targeting of specific communities (e.g., rural, minority, veteran groups), with reports to congressional committees.
Prohibits foreign nationals (including governments, political parties, and their agents) from contributing to state or local ballot initiatives and referenda, effective for 2026 elections.
Expands the foreign money ban to include online platforms (websites or apps with 50 million+ U.S. users), communications on national issues, internet activities promoting candidates, and federal judicial nominations.
Creates a new federal crime (up to 5 years imprisonment) for establishing or using a corporation to hide foreign election contributions.

Title II: Reporting of Campaign-Related Disbursements
Requires "covered organizations" (e.g., corporations, labor unions, 501(c) nonprofits excluding charities, Super PACs) to file statements within 24 hours for disbursements over $10,000 in a two-year election cycle, disclosing:
Beneficial owners (natural persons with substantial control or economic interest, excluding minors, employees, or creditors unless evading rules).
Individual disbursements over $1,000, including recipients and purpose (e.g., support/opposition to candidates).
Donors contributing $10,000+ to segregated funds for campaign use (adjusted for inflation after 2027), excluding ordinary business transactions or restricted funds.
Certifications that spending is independent (not coordinated with candidates).
Extends reporting to "federal judicial nomination communications" (ads or promotions supporting/opposing nominees for federal judgeships).
Directs coordination between the Federal Election Commission (FEC) and the Financial Crimes Enforcement Network (FinCEN) for enforcement, with a report to Congress on further needs.
Applies the foreign money ban to "covered transfers" (funds sent to entities likely used for campaign spending).
Effective January 1, 2027, regardless of FEC regulations; includes exceptions for threats of harassment (with reapplication every four years).

Title III: Other Administrative Reforms
Allows the FEC to petition the Supreme Court for certiorari (review of lower court decisions) in enforcement cases.
Establishes expedited judicial review in the U.S. District Court for the District of Columbia for challenges to campaign finance laws (including constitutionality), with appeals to the D.C. Circuit; requires notification to Congress and allows members to intervene.
Permits individual members of Congress to challenge the laws directly under these rules.
Effective upon enactment.

Title IV: Stand By Every Ad
Expands disclaimer rules for unauthorized communications (e.g., ads not from candidates) in audio, video, digital, or prerecorded phone formats:
Requires a personal statement from the payer (e.g., "I am [name], and I approve this message") or organizational statement from the top official.
For video/digital/text ads funded by campaign disbursements, includes a "Top Five Funders" list (largest donors over $10,000 in the prior year, excluding business/investment funds); audio ads require a "Top Two Funders" list.
Short ads (under 10 seconds) can use website links or "adapted disclaimers" (e.g., hyperlinks or pop-ups) directing to full info.
Applies to prerecorded calls, treated as audio; no new requirements for internet communicators not already covered.
Exempts political parties and small committees unless they exceed $10,000 in campaign spending.
Effective January 1, 2027.

Title V: Severability
Ensures that if any provision is ruled unconstitutional, the rest of the act remains in effect.

Significant Changes to Existing Law

Enhanced Disclosure: Introduces mandatory reporting of donors and beneficial owners for "dark money" groups (e.g., 501(c)(4) social welfare organizations), which previously faced minimal transparency requirements under the Federal Election Campaign Act of 1971 (FECA).
Broadened Foreign Money Ban: Expands FECA Section 319 to cover more activities (e.g., online ads, judicial nominations, ballot measures) and prohibits shell corporations for concealment, building on but exceeding current prohibitions.
Judicial Nomination Coverage: First-time extension of FECA reporting to non-electoral spending on federal judge confirmations, addressing a gap in current law.
Disclaimer Expansion: Strengthens FECA Section 318 by requiring funder lists and personal endorsements in ads, while clarifying no new burdens on small or party-affiliated internet spending.
Judicial Process Reforms: Centralizes and speeds up challenges to FECA and related tax code provisions (e.g., Sections 501(c), 527), repealing prior scattered review rules and enhancing congressional involvement.
Enforcement Tools: Adds FEC-Supreme Court access and FinCEN coordination, with self-executing effective dates to bypass regulatory delays.

Potential Impacts

Government Agencies: The FEC will face increased administrative burdens for processing disclosures, exemptions, and regulations (e.g., on harassment threats), potentially requiring more resources; FinCEN and the Comptroller General gain new roles in monitoring foreign influence.
Citizens: Greater visibility into election funding sources could build public trust, deter corruption, and help voters evaluate ad influences, though it may raise privacy concerns for some donors.
International Relations: Stronger barriers to foreign spending could reduce undue influence from abroad, signaling U.S. commitment to election integrity, but might strain relations with countries whose agents are targeted.
Elections Overall: Could reduce anonymous "dark money" (estimated at $1 billion in 2020), leveling the playing field for candidates, but may increase compliance costs for organizations.

Main Stakeholders Affected

Covered Organizations: Corporations, labor unions, Super PACs, and nonprofits (e.g., 501(c)(4)s) must comply with new reporting and disclaimers, facing penalties for non-disclosure; small or business-funded groups get exemptions.
Foreign Nationals and Entities: Governments, parties, agents (including U.S. citizens acting on their behalf), and sanctioned persons are further restricted from election involvement.
Voters and the Public: Primary beneficiaries through enhanced transparency, enabling better assessment of influences on candidates and judges.
Candidates and Political Parties: Gain from reduced foreign/anonymous interference but may see shifts in ad strategies due to funder visibility.
Federal Judiciary and Nominees: Increased scrutiny of nomination spending could affect confirmation processes and public perceptions of impartiality.
Congress and FEC: Empowered with intervention rights, oversight reports, and enforcement tools; individual members can initiate challenges.

Notable Legal, Constitutional, or Political Implications

Legal: Aligns with Supreme Court precedents affirming disclosure as a valid anti-corruption tool (Buckley, Citizens United), but includes safeguards (e.g., harassment exemptions, severability) to withstand First Amendment challenges; new criminal provision in 18 U.S.C. strengthens enforcement but could invite litigation over intent requirements.
Constitutional: Balances free speech rights with government interests in preventing corruption and foreign interference; expedited D.C.-based review centralizes challenges, potentially reducing forum-shopping, while congressional intervention rights enhance legislative defense of laws.
Political: Promotes bipartisan accountability (introduced by 40+ Democratic senators) by targeting "dark money" across ideologies, but could polarize debates on donor privacy vs. transparency; may influence future elections by discouraging hidden funding, though self-executing dates aim to avoid regulatory gridlock at the FEC.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Whitehouse, Sheldon [D-RI]

Cosponsors (46)

Sen. Wyden, Ron [D-OR], Sen. Schumer, Charles E. [D-NY], Sen. Van Hollen, Chris [D-MD], Sen. Klobuchar, Amy [D-MN], Sen. Padilla, Alex [D-CA], Sen. Murray, Patty [D-WA], Sen. Durbin, Richard J. [D-IL], Sen. Reed, Jack [D-RI], Sen. Cantwell, Maria [D-WA], Sen. Sanders, Bernard [I-VT], Sen. Shaheen, Jeanne [D-NH], Sen. Warner, Mark R. [D-VA], Sen. Merkley, Jeff [D-OR], Sen. Bennet, Michael F. [D-CO], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Coons, Christopher A. [D-DE], Sen. Blumenthal, Richard [D-CT], Sen. Schatz, Brian [D-HI], Sen. Baldwin, Tammy [D-WI], Sen. Murphy, Christopher [D-CT], Sen. Hirono, Mazie K. [D-HI], Sen. Heinrich, Martin [D-NM], Sen. King, Angus S., Jr. [I-ME], Sen. Kaine, Tim [D-VA], Sen. Warren, Elizabeth [D-MA], Sen. Markey, Edward J. [D-MA], Sen. Booker, Cory A. [D-NJ], Sen. Peters, Gary C. [D-MI], Sen. Duckworth, Tammy [D-IL], Sen. Hassan, Margaret Wood [D-NH], Sen. Cortez Masto, Catherine [D-NV], Sen. Smith, Tina [D-MN], Sen. Rosen, Jacky [D-NV], Sen. Kelly, Mark [D-AZ], Sen. Luján, Ben Ray [D-NM], Sen. Hickenlooper, John W. [D-CO], Sen. Ossoff, Jon [D-GA], Sen. Warnock, Raphael G. [D-GA], Sen. Welch, Peter [D-VT], Sen. Fetterman, John [D-PA], Sen. Schiff, Adam B. [D-CA], Sen. Kim, Andy [D-NJ], Sen. Gallego, Ruben [D-AZ], Sen. Blunt Rochester, Lisa [D-DE], Sen. Slotkin, Elissa [D-MI], Sen. Alsobrooks, Angela D. [D-MD]

Recent Actions

2026-03-04: Read twice and referred to the Committee on Rules and Administration.
2026-03-04: Introduced in Senate

Bill Versions

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2026 — issued 2026-03-04 — PDF (65 pages)