Title: PAID AD Act
Policy area: Government Operations and Politics

Summary:
Preventing Adversaries Internationally from Disbursing Advertising Dollars Act or the PAID AD Act
This bill prohibits foreign nationals from making disbursements for political advertising.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1962 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Preventing Adversaries 
Internationally from Disbursing Advertising Dollars Act'' or ``PAID AD 
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to protect the integrity of American 
democracy by expanding the scope of the prohibition on political 
advertising by foreign principals in order to uphold the well-
established standard of the United States Supreme Court that foreign 
nationals may lawfully be excluded from participating in certain 
electoral activities.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the growing threat of malicious interference in our 
        elections by foreign actors requires the Congress and the 
        Federal Election Commission to take meaningful action to ensure 
        that laws and regulations protect against influence by foreign 
        nationals in activity fundamental to our democracy;
            (2) the Supreme Court has long held that there is a 
        compelling national interest in preventing foreign influence in 
        the United States political process and that foreign citizens 
        lack a ``constitutional right to participate in, and thus may 
        be excluded from, activities of democratic self-government''; 
        and
            (3) the current prohibition on foreign nationals 
        contributing to political campaigns and advertisements must be 
        updated.

SEC. 4. MODIFICATIONS TO LIMITATION ON FOREIGN NATIONALS.

    (a) Application to Other Disbursements.--
            (1) In general.--Section 319(a)(1) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (B); and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) an expenditure;
                    ``(D) an independent expenditure;
                    ``(E) a disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3));
                    ``(F) a disbursement for a paid internet or paid 
                digital communication that refers to a clearly 
                identified candidate for election for Federal office 
                and is disseminated within 60 days before a general, 
                special or runoff election for the office sought by the 
                candidate or 30 days before a primary or preference 
                election, or a convention or caucus of a political 
                party that has authority to nominate a candidate for 
                the office sought by the candidate;
                    ``(G) a disbursement for a broadcast, cable or 
                satellite communication, or for a paid internet or paid 
                digital communication, that promotes, supports, attacks 
                or opposes the election of a clearly identified 
                candidate for Federal, State, or local office 
                (regardless of whether the communication contains 
                express advocacy or the functional equivalent of 
                express advocacy); or
                    ``(H) a disbursement for a broadcast, cable, or 
                satellite communication, or for any communication which 
                is placed or promoted for a fee on an online platform, 
                that discusses a national legislative issue of public 
                importance in a year in which a regularly scheduled 
                general election for Federal office is held, but only 
                if the disbursement is made by--
                            ``(i) a foreign principal (as defined in 
                        section 1(b) of the Foreign Agents Registration 
                        Act of 1938 (22 U.S.C. 611(b)) that is a 
                        government of a foreign country or a foreign 
                        political party; or
                            ``(ii) a person who is acting as an agent 
                        on behalf of such a foreign principal.''.
            (2) Definitions.--Section 319 of such Act (52 U.S.C. 30121) 
        is amended by adding at the end the following new subsection:
    ``(c) Definitions.--As used in this section:
            ``(1) Online platform.--
                    ``(A) In general.--The term `online platform' means 
                any public-facing website, web application, or digital 
                application (including a social network, ad network, or 
                search engine) which--
                            ``(i) sells qualified political 
                        advertisements; and
                            ``(ii) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months.
                    ``(B) Qualified political advertisement.--For 
                purposes of subparagraph (A), the term `qualified 
                political advertisement' means any advertisement 
                (including search engine marketing, display 
                advertisements, video advertisements, native 
                advertisements, and sponsorships) that--
                            ``(i) is made by or on behalf of a 
                        candidate; or
                            ``(ii) communicates a message relating to 
                        any political matter of national importance, 
                        including--
                                    ``(I) a candidate;
                                    ``(II) any election to Federal 
                                office; or
                                    ``(III) a national legislative 
                                issue of public importance.
            ``(2) Paid internet or paid digital communication.--The 
        term `paid internet or paid digital communication' means a 
        communication which is placed or promoted for a fee on any 
        website, web application, or digital application (including a 
        social network, ad network, or search engine).''.
    (b) Criminal Penalty.--Section 309(d)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at 
the end the following new subparagraph:
            ``(E) In the case of a knowing and willful violation of 
        section 321 that involves a government of a foreign country (or 
        an agent of such a government)--
                    ``(i) subparagraph (A)(i) shall apply without 
                regard to the amount of the contribution or expenditure 
                involved; and
                    ``(ii) subparagraph (A)(ii) shall not apply.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to contributions, donations, expenditures, and 
disbursements made on or after the date of the enactment of this Act.
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