II 

116TH CONGRESS 

1ST SESSION S. 1962 

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, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2019 

Ms. KLOBUCHAR (for herself, Mr. WARNER, and Mr. JONES) introduced the 

following bill; which was read twice and referred to the Committee on 

Rules and 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, 

and for other purposes. 

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 ‘‘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. MODIFICATIONS TO LIMITATION ON FOREIGN NA2 TIONALS. 

3 (a) APPLICATION TO OTHER DISBURSEMENTS.— 

4 (1) IN GENERAL.—Section 319(a)(1) of the 

5 Federal Election Campaign Act of 1971 (52 U.S.C. 

6 30121(a)(1)) is amended— 

7 (A) by striking ‘‘or’’ at the end of subpara8 graph (B); and 

9 (B) by striking subparagraph (C) and in10 serting the following: 

11 ‘‘(C) an expenditure; 

12 ‘‘(D) an independent expenditure; 

13 ‘‘(E) a disbursement for an electioneering 

14 communication (within the meaning of section 

15 304(f)(3)); 

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

17 paid digital communication that refers to a 

18 clearly identified candidate for election for Fed19 eral office and is disseminated within 60 days 

20 before a general, special or runoff election for 

21 the office sought by the candidate or 30 days 

22 before a primary or preference election, or a 

23 convention or caucus of a political party that 

24 has authority to nominate a candidate for the 

25 office sought by the candidate; 


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

2 or satellite communication, or for a paid inter3 net or paid digital communication, that pro4 motes, supports, attacks or opposes the election 

5 of a clearly identified candidate for Federal, 

6 State, or local office (regardless of whether the 

7 communication contains express advocacy or the 

8 functional equivalent of express advocacy); or 

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

10 cable, or satellite communication, or for any 

11 communication which is placed or promoted for 

12 a fee on an online platform, that discusses a 

13 national legislative issue of public importance in 

14 a year in which a regularly scheduled general 

15 election for Federal office is held, but only if 

16 the disbursement is made by— 

17 ‘‘(i) a foreign principal (as defined in 

18 section 1(b) of the Foreign Agents Reg19 istration Act of 1938 (22 U.S.C. 611(b)) 

20 that is a government of a foreign country 

21 or a foreign political party; or 

22 ‘‘(ii) a person who is acting as an 

23 agent on behalf of such a foreign prin24 cipal.’’. 


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1 (2) DEFINITIONS.—Section 319 of such Act (52 

2 U.S.C. 30121) is amended by adding at the end the 

3 following new subsection: 

4 ‘‘(c) DEFINITIONS.—As used in this section: 

5 ‘‘(1) ONLINE PLATFORM.— 

6 ‘‘(A) IN GENERAL.—The term ‘online plat7 form’ means any public-facing website, web ap8 plication, or digital application (including a so9 cial network, ad network, or search engine) 

10 which— 

11 ‘‘(i) sells qualified political advertise12 ments; and 

13 ‘‘(ii) has 50,000,000 or more unique 

14 monthly United States visitors or users for 

15 a majority of months during the preceding 

16 12 months. 

17 ‘‘(B) QUALIFIED POLITICAL ADVERTISE18 MENT.—For purposes of subparagraph (A), the 

19 term ‘qualified political advertisement’ means 

20 any advertisement (including search engine 

21 marketing, display advertisements, video adver22 tisements, native advertisements, and sponsor23 ships) that— 

24 ‘‘(i) is made by or on behalf of a can25 didate; or 


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1 ‘‘(ii) communicates a message relating 

2 to any political matter of national impor3 tance, including— 

4 ‘‘(I) a candidate; 

5 ‘‘(II) any election to Federal of6 fice; or 

7 ‘‘(III) a national legislative issue 

8 of public importance. 

9 ‘‘(2) PAID INTERNET OR PAID DIGITAL COMMU10 NICATION.—The term ‘paid internet or paid digital 

11 communication’ means a communication which is 

12 placed or promoted for a fee on any website, web ap13 plication, or digital application (including a social 

14 network, ad network, or search engine).’’. 

15 (b) CRIMINAL PENALTY.—Section 309(d)(1) of the 

16 Federal Election Campaign Act of 1971 (52 U.S.C. 

17 30109(d)(1)) is amended by adding at the end the fol18 lowing new subparagraph: 

19 ‘‘(E) In the case of a knowing and willful viola20 tion of section 321 that involves a government of a 

21 foreign country (or an agent of such a govern22 ment)— 

23 ‘‘(i) subparagraph (A)(i) shall apply with24 out regard to the amount of the contribution or 

25 expenditure involved; and 


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1 ‘‘(ii) subparagraph (A)(ii) shall not 

2 apply.’’. 

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

4 this section shall apply with respect to contributions, do5 nations, expenditures, and disbursements made on or after 

6 the date of the enactment of this Act. 

Æ 


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