Bill Sponsor
Senate Bill 1962
116th Congress(2019-2020)
PAID AD Act
Introduced
Introduced
Introduced in Senate on Jun 25, 2019
Overview
Text
Introduced in Senate 
Jun 25, 2019
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Introduced in Senate(Jun 25, 2019)
Jun 25, 2019
Not Scanned for Linkage
About Linkage
Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
S. 1962 (Introduced-in-Senate)


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.