Title: Judicial Ads Act
Policy area: Government Operations and Politics

Summary:
Judicial Ads Act
This bill establishes requirements for federal judicial nomination communications (i.e., advertisements).
First, the bill requires a covered organization (e.g., corporation, labor organization, or political committee) that spends more than $50,000 in a calendar year on federal judicial nomination communications to file a statement with the Federal Election Commission. Further, the bill outlines the timing requirements for the statement and its required contents, including the disclosure of certain donors.
Next, the bill requires federal judicial nomination communications to contain disclaimers that identify the person who funded the communication.
Finally, it prohibits foreign nationals and foreign-influenced corporations from funding a federal judicial nomination communication.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4183 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4183

     To amend the Federal Election Campaign Act of 1971 to require 
    organizations that spend more than $50,000 on Federal judicial 
  nomination communications to file statements disclosing donors and 
    certain other information with the Federal Election Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

Mrs. Feinstein (for herself, Mr. Whitehouse, Mr. Leahy, Mr. Durbin, Ms. 
  Klobuchar, Mr. Coons, Mr. Blumenthal, Ms. Hirono, Mr. Menendez, Mr. 
  Merkley, Mrs. Gillibrand, Mr. King, Mr. Markey, and Mr. Van Hollen) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Election Campaign Act of 1971 to require 
    organizations that spend more than $50,000 on Federal judicial 
  nomination communications to file statements disclosing donors and 
    certain other information with the Federal Election Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Ads Act''.

SEC. 2. STATEMENTS OF SPENDING ON FEDERAL JUDICIAL NOMINATION 
              COMMUNICATIONS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101) is amended by adding at the end the following 
new subtitle:

        ``Subtitle B--Federal Judicial Nomination Communications

``SEC. 351. STATEMENTS OF SPENDING ON FEDERAL JUDICIAL NOMINATION 
              COMMUNICATIONS.

    ``(a) In General.--
            ``(1) Statement required.--Any covered organization that 
        spends or contracts to spend a total of more than $50,000 on 
        Federal judicial nomination communications during any calendar 
        year shall file a statement with the Commission at the times 
        described in paragraph (2) and containing the information 
        described in paragraph (3).
            ``(2) Time for filing statement.--A statement shall be 
        required to be filed under this subsection not later than 48 
        hours after each of the following:
                    ``(A) The first date during any calendar year by 
                which the covered organization has spent or contracted 
                to spend a total of more than $50,000 on Federal 
                judicial nomination communications.
                    ``(B) Any date during such calendar year after the 
                date described in subparagraph (A) by which the covered 
                organization has spent or contracted to spend a total 
                of more than $50,000 on Federal judicial nomination 
                communications since the most recent date on which a 
                statement was required to be filed under this 
                subsection for such calendar year.
                    ``(C) The last day of any calendar year in which a 
                covered organization has filed a statement under 
                subparagraph (A).
            ``(3) Contents of statement.--Each statement required to be 
        filed under this subsection shall be made under penalty of 
        perjury and shall contain the following information:
                    ``(A) The name of the covered organization.
                    ``(B) The principal place of business of the 
                covered organization.
                    ``(C) If the covered organization is a corporation 
                (other than a business concern that is an issuer of a 
                class of securities registered under section 12 of the 
                Securities Exchange Act of 1934 (15 U.S.C. 78l) or that 
                is required to file reports under section 15(d) of that 
                Act (15 U.S.C. 78o(d))) or an entity described in 
                subsection (d)(2)(B), a list of the beneficial owners 
                of the covered organization that includes, for each 
                beneficial owner--
                            ``(i) the name;
                            ``(ii) the current residential or business 
                        street address; and
                            ``(iii) if the beneficial owner exercises 
                        control over the covered organization through 
                        another legal entity, such as a corporation, 
                        partnership, limited liability company, or 
                        trust, for the other legal entity--
                                    ``(I) the name;
                                    ``(II) the current residential or 
                                business street address; and
                                    ``(III) each beneficial owner who 
                                is authorized to use that other legal 
                                entity to exercise control over the 
                                covered organization.
                    ``(D)(i) If the covered organization makes 
                disbursements for Federal judicial nomination 
                communications using exclusively funds in a segregated 
                bank account consisting of funds paid directly to such 
                account by persons other than the covered organization 
                that controls the account--
                            ``(I) the names and addresses of all 
                        persons who donated an aggregate amount of 
                        $5,000 or more to that account during the 
                        period beginning on the first day of the 
                        preceding calendar year and ending on the date 
                        described in paragraph (2) with respect to such 
                        statement; and
                            ``(II) the information described in 
                        subparagraph (C) with respect to each 
                        beneficial owner of any donor described in 
                        subclause (I) that is not an individual.
                Nothing in this clause is to be construed as a 
                prohibition on the use of funds in such a segregated 
                account for a purpose other than Federal judicial 
                nomination communications.
                    ``(ii) If the covered organization makes 
                disbursements for Federal judicial nomination 
                communications using funds other than funds in a 
                segregated bank account described in clause (i)--
                            ``(I) the names and addresses of all 
                        persons who donated an aggregate amount of 
                        $5,000 or more to the covered organization 
                        making the disbursement during the period 
                        beginning on the first day of the preceding 
                        calendar year and ending on the date described 
                        in paragraph (2) with respect to such 
                        statement; and
                            ``(II) the information described in 
                        subparagraph (C) with respect to each 
                        beneficial owner of any donor described in 
                        subclause (I) that is not an individual.
                    ``(E) For each Federal judicial nomination 
                communication during the reporting period--
                            ``(i) the name of the nominee;
                            ``(ii) the date of the communication;
                            ``(iii) the amount spent or contracted to 
                        be spent;
                            ``(iv) the name and address of the person 
                        receiving payment for the communication; and
                            ``(v) the platform through which the 
                        Federal judicial nomination communication was 
                        made.
                    ``(F) A certification signed by the covered 
                organization's chief executive officer under penalty of 
                perjury, avowing that--
                            ``(i) the covered organization is not a 
                        foreign national or foreign-influenced 
                        corporation; and
                            ``(ii) after due inquiry, no amounts spent 
                        on a Federal judicial nomination communication 
                        were from an account that includes funds 
                        received from a foreign national or a foreign-
                        influenced corporation.
    ``(b) Filing.--Statements required to be filed under subsection (a) 
shall be subject to the requirements of section 304(d) to the same 
extent and in the same manner as if such statements had been required 
under subsection (c) or (g) of section 304.
    ``(c) Anti-Evasion Rule.--For purposes of section 309, it shall be 
a violation of this section to structure or attempt to structure any 
solicitation, donation, contribution, expenditure, disbursement, 
transfer, or other transaction in a manner intended to evade the 
reporting requirements of this section.

``SEC. 352. DISCLAIMERS RELATING TO FEDERAL JUDICIAL NOMINATION 
              COMMUNICATIONS.

    ``(a) In General.--Whenever any person makes a disbursement for the 
purpose of financing a Federal judicial nomination communication, such 
communication shall clearly state the name and permanent street 
address, telephone number, or World Wide Web address of the person.
    ``(b) Specifications.--Except as provided in regulations, any 
Federal judicial nomination communication described in subsection (a) 
shall be subject to the same specifications and additional requirements 
that apply to communications described in section 318(a)(3).

``SEC. 353. PROHIBITIONS WITH RESPECT TO FOREIGN NATIONALS AND FOREIGN-
              INFLUENCED CORPORATIONS.

    ``It shall be unlawful for--
            ``(1) a foreign national or foreign-influenced corporation, 
        directly or indirectly, to spend or make an express or implied 
        promise to spend money or other thing of value in connection 
        with a Federal judicial nomination communication; or
            ``(2) a person to solicit, accept, or receive money or any 
        other thing of value from a foreign national or a foreign-
        influenced corporation in connection with a Federal judicial 
        nomination communication.

``SEC. 354. DEFINITIONS.

    ``When used in this subtitle:
            ``(1) Federal judicial nomination communication.--
                    ``(A) In general.--The term `Federal judicial 
                nomination communication' means any communication--
                            ``(i) that is by means of any broadcast, 
                        cable, or satellite, paid internet, or paid 
                        digital communication, paid promotion, 
                        newspaper, magazine, outdoor advertising 
                        facility, mass mailing, telephone bank, 
                        telephone messaging effort of more than 500 
                        substantially similar calls or electronic 
                        messages within a 30-day period, or any other 
                        form of general public political advertising; 
                        and
                            ``(ii) that is susceptible to no reasonable 
                        interpretation other than promoting, 
                        supporting, attacking, or opposing the 
                        nomination or Senate confirmation of an 
                        individual as a Federal judge or justice.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.
            ``(2) Covered organization.--The term `covered 
        organization' means any of the following:
                    ``(A) A corporation.
                    ``(B) A partnership.
                    ``(C) An organization described in section 501(c) 
                of such Code and exempt from taxation under section 
                501(a) of such Code.
                    ``(D) A labor organization (as defined in section 
                316(b)).
                    ``(E) A political organization (as defined in 
                section 527(e)(1) of the Internal Revenue Code of 
                1986).
                    ``(F) A political committee under this Act.
            ``(3) Beneficial owner.--Except as provided in subparagraph 
        (B), the term `beneficial owner' means, with respect to any 
        entity, a natural person who, directly or indirectly through 
        any contract, arrangement, understanding, relationship, or 
        otherwise--
                    ``(A) exercises substantial control over an entity;
                    ``(B) owns 25 percent or more of an entity; or
                    ``(C) receives substantial economic benefits from 
                the assets of an entity.
            ``(4) Foreign national.--The term `foreign national' has 
        the meaning given such term under section 319(b).
            ``(5) Foreign-influenced corporation.--
                    ``(A) In general.--The term `foreign-influenced 
                corporation' means a corporation for which at least one 
                of the following conditions is met:
                            ``(i) Any single foreign owner holds, owns, 
                        controls, or otherwise has direct or indirect 
                        beneficial ownership of 5 percent or more of 
                        the total equity, outstanding voting shares, 
                        membership units, or other applicable ownership 
                        interests of the corporation.
                            ``(ii) Foreign owners, in aggregate, hold, 
                        own, control, or otherwise have direct or 
                        indirect beneficial ownership of 20 percent or 
                        more of the total equity, outstanding voting 
                        shares, membership units, or other applicable 
                        ownership interests of the corporation.
                            ``(iii) A foreign owner participates 
                        directly or indirectly in the corporation's 
                        decision-making process with respect to the 
                        corporation's activities related to Federal 
                        judicial nomination communications.
                    ``(B) Foreign owner.--
                            ``(i) In general.--The term `foreign owner' 
                        means--
                                    ``(I) a foreign investor; or
                                    ``(II) a corporation wherein a 
                                foreign investor holds, owns, controls, 
                                or otherwise has directly or indirectly 
                                acquired beneficial ownership of equity 
                                or voting shares in an amount that is 
                                equal to or greater than 50 percent of 
                                the total equity or outstanding voting 
                                shares.
                            ``(ii) Foreign investor.--The term `foreign 
                        investor' means a person that--
                                    ``(I) holds, owns, controls, or 
                                otherwise has direct or indirect 
                                beneficial ownership of equity, 
                                outstanding voting shares, membership 
                                units, or other applicable ownership 
                                interests of a corporation; and
                                    ``(II) is--
                                            ``(aa) a government of a 
                                        foreign country;
                                            ``(bb) a foreign political 
                                        party;
                                            ``(cc) a partnership, 
                                        association, corporation, 
                                        organization, or other 
                                        combination of persons 
                                        organized under the laws of or 
                                        having its principal place of 
                                        business in a foreign country; 
                                        or
                                            ``(dd) an individual who is 
                                        not a citizen of the United 
                                        States or a national of the 
                                        United States and who is not 
                                        lawfully admitted for permanent 
                                        residence.''.
    (b) Conforming Amendment.--Such title is further amended by 
inserting before section 301 the following:

                ``Subtitle A--Federal Campaign Funds''.

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