I 

116TH CONGRESS 

1ST SESSION H. R. 2135 

To prevent foreign adversaries from influencing elections by prohibiting foreign nationals from purchasing at any time a broadcast, cable, or satellite 

communication that mentions a clearly identified candidate for Federal 

office. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2019 

Ms. SLOTKIN (for herself and Ms. STEFANIK) introduced the following bill; 

which was referred to the Committee on House Administration 

A BILL 

To prevent foreign adversaries from influencing elections by 

prohibiting foreign nationals from purchasing at any time 

a broadcast, cable, or satellite communication that mentions a clearly identified candidate for Federal office. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Adversaries 

5 Internationally from Disbursing Advertising Dollars Act’’ 

6 or the ‘‘PAID AD Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to protect the integrity 

3 of American democracy by expanding the scope of the pro4 hibition on political advertising by foreign principals in 

5 order to uphold the well-established standard of the 

6 United States Supreme Court that foreign nationals may 

7 lawfully be excluded from participating in certain electoral 

8 activities. 

9 SEC. 3. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) the growing threat of malicious interference 

12 in our elections by foreign actors requires the Con13 gress and the Federal Election Commission to take 

14 meaningful action to ensure that laws and regula15 tions protect against influence by foreign nationals 

16 in activity fundamental to our democracy; 

17 (2) the Supreme Court has long held that there 

18 is a compelling national interest in preventing for19 eign influence in the United States political process 

20 and that foreign citizens lack a ‘‘constitutional right 

21 to participate in, and thus may be excluded from, 

22 activities of democratic self-government’’; and 

23 (3) the current prohibition on foreign nationals 

24 contributing to political campaigns and advertise25 ments must be updated. 


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1 SEC. 4. EXPANSION OF LIMITATION ON FOREIGN NATION2 ALS. 

3 (a) DISBURSEMENTS DESCRIBED.—Section 

4 319(a)(1) of the Federal Election Campaign Act of 1971 

5 (52 U.S.C. 30121(a)(1)) is amended— 

6 (1) by striking ‘‘or’’ at the end of subparagraph 

7 (B); and 

8 (2) by striking subparagraph (C) and inserting 

9 the following: 

10 ‘‘(C) an expenditure; 

11 ‘‘(D) an independent expenditure; 

12 ‘‘(E) a disbursement for an electioneering 

13 communication (within the meaning of section 

14 304(f)(3)); 

15 ‘‘(F) a disbursement for a paid internet or 

16 paid digital communication that refers to a 

17 clearly identified candidate for election for Fed18 eral office and is disseminated within 60 days 

19 before a general, special or runoff election for 

20 the office sought by the candidate or 30 days 

21 before a primary or preference election, or a 

22 convention or caucus of a political party that 

23 has authority to nominate a candidate for the 

24 office sought by the candidate; 

25 ‘‘(G) a disbursement for a broadcast, cable 

26 or satellite communication, or for a paid interVerDate Sep 11 2014 00:43 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2135.IH H2135

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1 net or paid digital communication, that pro2 motes, supports, attacks or opposes the election 

3 of a clearly identified candidate for Federal, 

4 State, or local office (regardless of whether the 

5 communication contains express advocacy or the 

6 functional equivalent of express advocacy); or 

7 ‘‘(H) a disbursement for a broadcast, 

8 cable, or satellite communication, or for any 

9 communication which is placed or promoted for 

10 a fee on an online platform, that discusses a 

11 national legislative issue of public importance in 

12 a year in which a regularly scheduled general 

13 election for Federal office is held, but only if 

14 the disbursement is made by a foreign principal 

15 who is a government of a foreign country or a 

16 foreign political party or an agent of such a for17 eign principal under the Foreign Agents Reg18 istration Act of 1938.’’. 

19 (b) DEFINITION OF ONLINE PLATFORM.—Section 

20 319 of such Act (52 U.S.C. 30121) is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(c) ONLINE PLATFORM.—As used in this section, 

23 the term ‘online platform’ means any public-facing 

24 website, web application, or digital application (including 

25 a social network, ad network, or search engine) which— 


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1 ‘‘(1) sells qualified political advertisements; and 

2 ‘‘(2) has 50,000,000 or more unique monthly 

3 United States visitors or users for a majority of 

4 months during the preceding 12 months.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply with respect to disbursements 

7 made on or after the date of the enactment of this Act. 

Æ 


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