H.R. 7802 — DISCLOSE Act of 2026

This section revises the definitions applicable to the ban on foreign national contributions, donations, expenditures, and electioneering communications under the Federal Election Campaign Act of 1971 (FECA) (52 U.S.C. 30121) by adding a definition of "contribution or donation" for purposes of that ban. The term includes (1) any disbursement to a political committee that accepts donations or contributions not complying with FECA's limitations, prohibitions, and reporting requirements (or to or on behalf of any account of such a committee established for that purpose); or (2) any disbursement to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication.

This section directs the Comptroller General to conduct a study on the incidence of illicit foreign money (i.e., any contribution, donation, expenditure, or disbursement by a foreign national prohibited under FECA section 319, 52 U.S.C. 30121) in all federal elections (as defined in FECA section 301, 52 U.S.C. 30101) during each 4-year presidential election cycle (i.e., 4-year period ending on the date of the presidential general election), beginning with the cycle ending in 2024 and through the cycle ending in 2036. Not later than one year after enactment (for the 2024 cycle) or one year after the cycle ends (for subsequent cycles), the Comptroller General must submit a report on the study to the appropriate congressional committees (i.e., House and Senate Committees on House Administration/Rules and the Judiciary), including available information on targeting of particular groups such as rural communities, African-American and other minority communities, and military and veteran communities.

This section amends the Federal Election Campaign Act of 1971 to expand the prohibition on contributions and donations by foreign nationals to include state or local ballot initiatives and referenda—but only by (1) covered foreign nationals, defined as foreign governments or political parties (per Foreign Agents Registration Act definitions), their agents, or persons on the Office of Foreign Assets Control's list of specially designated nationals related to such entities; or (2) foreign principals under specified Foreign Agents Registration Act provisions (22 U.S.C. 611(b)(2), (b)(3)) or their agents—effective for elections held in 2026 or subsequent years. (Thus, the prohibition previously applied to candidate elections but not explicitly to ballot measures for these actors.)

This section expands the prohibition on disbursements by foreign nationals under FECA Section 319(a)(1) (52 U.S.C. 30121(a)(1))—previously limited to contributions/donations tied to elections or party committees and certain expenditures, independent expenditures, or electioneering communications—by replacing subparagraph (C) with new subparagraphs (C) through (J) that separately identify expenditures (C), independent expenditures (D), electioneering communications (E), and add: (F) paid digital communications (on websites, web apps, or digital apps) referring to clearly identified federal candidates within 60 days of a general/special/runoff election or 30 days of a primary/caucus; (G) candidate-related broadcast, cable, satellite, or digital communications by covered foreign nationals (as defined in subsection (b)(4)); (H) disbursements for national legislative issue ads on broadcast/cable/satellite or online platforms by covered foreign nationals in federal general election years; (I) payments by covered foreign nationals for candidate-related internet activity; and (J) federal judicial nomination communications (as defined in Section 324(g)(2)) by covered foreign nationals. (As background, FECA Section 319 bans foreign money in U.S. elections to prevent foreign influence; "foreign national" includes non-U.S. citizens/nationals lacking permanent residency.) It further defines "online platform" in subsection (b)(5) as public-facing websites, web/digital apps (including social networks, ad networks, search engines) with 50 million or more unique monthly U.S. visitors/users for a majority of the prior 12 months that sell qualified political ads, or qualifying third-party ad vendors (excluding broadcasters, newspapers, etc.). The amendments apply to disbursements made on or after enactment.

This section establishes a new offense under 18 U.S.C. chapter 29 prohibiting an owner, officer, attorney, or incorporation agent from establishing or using a corporation, company, or other entity to conceal prohibited election-related activities (i.e., contributions, donations, expenditures, or electioneering communications) by a foreign national, as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121). It imposes a penalty of imprisonment for not more than five years, a fine under title 18, or both.

This section revises Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) to require any covered organization making campaign-related disbursements aggregating more than $10,000 in an election reporting cycle to file a disclosure statement with the FEC, under penalty of perjury, not later than 24 hours after each disclosure date. The statement must cover the relevant period and include (1) the organization's name, principal place of business, and—for corporations (other than public companies registered under Securities Exchange Act section 12 or required to file under section 15(d)) or certain other entities—a list of beneficial owners identifying each by name, address, and any intermediary entities used for control; (2) for each disbursement over $1,000, the amount and recipient's name and address; (3) for non-covered transfers, the election to which it pertains, candidates identified (if a public communication), and whether in support or opposition; (4) a certification by the CEO or head that the disbursement was not made in cooperation, consultation, or concert with (or at the request or suggestion of) candidates, parties, or their agents; (5) if using a segregated fund exclusively, contributor details for payments aggregating $10,000 or more per person in the cycle (or one year prior); (6) if using non-segregated funds, details of all payments aggregating $10,000 or more per person in the cycle (or one year prior); and (7) other information required by FEC rules. Reporting thresholds in (5) and (6) adjust for inflation after 2027 using FECA's section 315(c)(1)(B) mechanism with calendar year 2027 as the base period. (As background, these requirements expand donor and ownership transparency for corporations, unions, and other covered organizations—typically tax-exempt groups and for-profits—making independent election expenditures, while exempting public companies with existing SEC disclosures.)

This section amends Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126), as amended by section 201, by redesignating subsection (g) as subsection (h) and inserting a new subsection (g) to treat disbursements by covered organizations (i.e., certain tax-exempt organizations such as 501(c)(4) social welfare groups, unions, trade associations, and Super PACs) for "Federal judicial nomination communications" as campaign-related disbursements subject to that section's quarterly and annual reporting requirements to the FEC (including identification of certain contributors providing funds exceeding specified thresholds). Federal judicial nomination communications are defined as paid communications via broadcast, cable, satellite, internet, digital, print, outdoor advertising, mass mailings, or telephone banks (more than 500 similar calls or messages in 30 days) that promote, support, attack, or oppose an individual's nomination or Senate confirmation as a Federal judge or justice (excluding bona fide news, commentary, or editorials), regardless of intent. The new subsection (1) applies Section 324(a)(1) and (2) dollar thresholds separately to such disbursements; (2) sets the reporting cycle to the calendar year of the disbursement; (3) deems references to candidates in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) to mean judicial nominees; and (4) deems references to elections in subsection (a)(2)(C) to mean nominations.

This section directs the Director of the Financial Crimes Enforcement Network (FinCEN) to provide the Federal Election Commission (FEC) with information necessary to administer and enforce section 324 of the Federal Election Campaign Act of 1971 (FECA), as amended by this title. It further requires the FEC Chairman, in consultation with FinCEN, to submit to Congress, not later than six months after enactment of this Act, a report with recommendations for additional legislative authority to assist in such administration and enforcement.

This section expands the definition of "foreign national" under the Federal Election Campaign Act ban on foreign money in elections to include, in addition to foreign principals and non-U.S. citizens or nationals not lawfully admitted for permanent residence, any disbursement—other than a disbursement described in section 324(a)(3)(A)—to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the two-year period ending on the date of the disbursement. (Thus, such disbursements are unlawful under the prohibition on foreign nationals making contributions, donations, expenditures, independent expenditures, or electioneering communications in connection with federal, state, or local elections.)

This section expresses the sense of Congress that the Federal Election Commission should simplify the process for filing disclosures required under this title and its amendments to ensure such process is as easy and accessible as possible.

This section establishes January 1, 2027, as the effective date for amendments made by this title with respect to disbursements made on or after that date, regardless of whether the Federal Election Commission has promulgated implementing regulations.

This section establishes special rules under new FECA section 407 for judicial review of actions challenging the constitutionality or lawfulness of any FECA provision (including title V), IRC chapters 95 or 96 (public financing of presidential elections), or FEC actions thereunder. Such actions must be filed in the U.S. District Court for the District of Columbia, with appeals to the D.C. Circuit; constitutional challenges require concurrent notice to the Clerk of the House and Secretary of the Senate; both courts must expedite disposition; cases elsewhere adding such claims are transferred to D.C. District Court; Members of Congress may intervene (with court management of multiple interveners) or initiate such actions. The section amends IRC §§9011 and 9041 to reference new FECA §407 for judicial review and repeals FECA §310 and BCRA §403 (previously authorizing filing in any U.S. district court, with certification of constitutional questions to the relevant circuit court sitting en banc).

This section provides that the amendments made by this title take effect on the date of enactment, without regard to whether the Federal Election Commission has promulgated implementing regulations.

This section expands disclaimer requirements under the Federal Election Campaign Act of 1971 (FECA) (52 U.S.C. 30120) for unauthorized political communications (i.e., those not authorized by a candidate or the candidate's committee) by (1) adding such communications funded by certain campaign-related disbursements defined in proposed section 324(d)(1)(A)-(C) to the scope of communications subject to disclaimers; (2) exempting federal judicial nomination communications (as defined in proposed section 324(d)(3)) from the existing requirement to state the payer's name, address, phone number, or website; and (3) requiring, for audio, video, or digital/internet communications, an additional "stand by" statement from the payer or its top official (e.g., "I am [name], the [title] of [organization], and [organization] approves this message") and— if funded in whole or part by a campaign-related disbursement—a Top Five Funders list (for video/digital text/graphic formats) or Top Two Funders list (for audio) identifying the largest donors providing $10,000 or more in aggregate payments over the prior 12 months, with short-duration exceptions allowing a website reference or adapted disclaimer. The stand-by statement must be conveyed clearly (e.g., by voice for audio, on-screen for at least 6 seconds with color contrast for video). (Thus, the changes increase transparency of funding and leadership for independent expenditures in modern media formats while carving out judicial ads.)

This section expands Federal Election Campaign Act (FECA) disclaimer requirements (52 U.S.C. 30120) to cover telephone calls consisting in substantial part of a prerecorded audio message by (1) adding them to the types of general public political advertising and contribution solicitations requiring payor and authorization disclosures; (2) applying expanded disclaimer requirements to such calls; (3) requiring, for candidate-authorized prerecorded calls not subject to expanded requirements, an audio disclaimer statement at the beginning of the call; and (4) treating prerecorded calls subject to expanded requirements as transmitted in audio format. (FECA disclaimers ensure political communications clearly identify who paid for them and whether they are authorized by a candidate or committee.)

This section prohibits construing this title or its amendments to expand disclaimer requirements under section 318 of the Federal Election Campaign Act of 1971 to persons not already subject to those requirements for internet communications.

This section establishes January 1, 2027, as the effective date for the amendments made by this title with respect to communications made on or after that date. It further specifies that the amendments take effect without regard to whether the Federal Election Commission has promulgated implementing regulations.

This section provides a severability clause, stating that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their applications, remain unaffected.