Disclose Act Crusader Van Hollen Prepared to Bring FCC Disclosure Pressure to Senate

“As the lead House sponsor of the DISCLOSE Act, Chris Van Hollen has been fighting to help restore the voices of everyday voters in our elections after the disastrous Citizens United ruling,” Bridgett Frey, deputy manager for his campaign, told us Thursday. “He believes the FCC can and should do more to ensure American voters know who is bankrolling the ads aimed at influencing their votes, and he'll take that fight to the U.S. Senate."

Van Hollen sponsored the Disclose Act in multiple sessions. His initial Senate partner on the bill was Sen. Chuck Schumer, D-N.Y., expected to lead Senate Democrats next Congress. Democrats proposed the measure, known as the Democracy Is Strengthened by Casting Light on Spending in Elections Act, in 2010 following the Supreme Court’s Citizens United v. Federal Election Commission, and some Republicans feared the FCC would try to impose elements of broadcast disclosure. Sen. Ted Cruz, R-Texas, placed a hold on the Obama administration’s nomination of Tom Wheeler to be FCC chairman over the question in 2013. Van Hollen tracked the FCC aspect of the disclosure debate, hailing the agency in 2012 for forcing broadcasters to post political ad buy details in a national online database. His latest version of the bill had 131 co-sponsors, all Democrats.

“I really hope we can have a major infrastructure modernization plan on a bipartisan basis,” Van Hollen said during Wednesday’s debate, arguing “we need to invest” in “broadband in rural areas and inner cities. That also provides for good-paying jobs.” He called that investment “an area for progress” and said that would be “a first order of business” under a Clinton administration. She named her $275 billion infrastructure funding package a first-100-days priority (see 1609230040).

Van Hollen is seeking the Senate seat left by retiring Sen. Barbara Mikulski, D-Md., active on cybersecurity and broadcaster issues. He won the Democratic primary against Rep. Donna Edwards, D-Md., with 53 percent of the vote and is widely expected to best Szeliga. The Cook Political Report, Sabato's Crystal Ball and Rothenberg & Gonzales predict the seat will go to Van Hollen. The latest RealClearPolitics polling average shows Van Hollen up by close to 30 points.

The communications and electronics sector favored Van Hollen’s Senate bid. He received $285,970 from the sector compared with the $7,850 that Szeliga received, according to data from the Center for Responsive Politics. Former FCC Chairman Reed Hundt, Facebook co-founder Chris Hughes and Technology Patents CEO Aris Mardirossian were among those who donated $5,400, according to filings at the Federal Election Commission. Comcast Senior Executive Vice President David Cohen and Senior Vice President Kathryn Zachem each gave $2,700, as did Sinclair CEO David Smith and Vice Presidents Duncan and Frederick Smith and Entravision CEO Walter Ulloa. PACs for AT&T, Intel, the International Brotherhood of Electrical Workers and Verizon gave Van Hollen $5,000. Those for Cisco, Qualcomm and Microsoft each gave $2,500.

Van Hollen, ranking member of the House Budget Committee and not a member of the Commerce or Judiciary committees, has built a quiet telecom record since joining the House in 2003. He also defended net neutrality regulation. He made a statement opposing House efforts to curb the FCC neutrality order in 2011 but fewer signs of Van Hollen support exist for the latest 2015 net neutrality order, which reclassified broadband as a Communications Act Title II service. A 2013 Common Cause report questioned the influence of the $3,500 that Verizon donated to Van Hollen.

Among other telecom policy gestures, Van Hollen joined a letter this year urging modernization of the Lifeline program and another in November urging the FCC to ensure Telephone Consumer Protection Act protections in the wake of a budget law allowing certain government-sponsored robocalls. In April, Van Hollen was one of the two original co-sponsors of the Robocop Act (HR-4932), introduced by Rep. Jackie Speier, D-Calif., and focused on robocalls. This Congress he also co-sponsored the Rural Broadband Infrastructure Investment Act (HR-4160), the “dig once”-focused Broadband Conduit Deployment Act (HR-3805) and the Anti-Spoofing Act (HR-2669). In 2010 and 2011, he sponsored versions of the Innovative Technologies Investment Incentive Act, focused on tax credits for small tech businesses. He blasted the FCC’s decision to relax media ownership rules in 2003. “This is a dangerous road we are on,” Van Hollen warned in a speech then.

Cybersecurity is a big topic in Maryland due to U.S. Cyber Command's location in Fort Meade. Van Hollen mentioned that significance during Wednesday’s debate, though his opponent attacked him for inaction.

“Certainly needs to be a priority,” Szeliga said, touting the security of her campaign website. “I want to make sure that [donor] information is safe.” She cited the hacking of the Office of Personnel Management and the information “at risk” from that: “I don’t think the federal government’s done anything to fix it. Congressman Van Hollen’s been there 14 years, and this situation has not gotten better. It’s only gotten worse.”

“Clearly, hacking is a big problem and challenge and cost in our country, in the public sector and in the private sector,” Van Hollen said, citing the hack into Sony. “We do need to up our game in terms of protecting these systems.” He pointed to Maryland’s “opportunity” given Cyber Command and its “huge new investment” in cybersecurity in the state: “We need to find ways compatible with protecting privacy rights to make sure there’s more shared information between the public sector and the private sector to meet the challenge of hacking.” He mentioned a desire to elevate the Cyber Command “to a full command,” which he said would be good for jobs and security.