S-4145 : Still Just a Bill

The "Preventing Foreign Interference in American Elections Act" (S. 4145) aims to reinforce existing prohibitions on foreign nationals' involvement in U.S. elections. Key provisions include:

• Expanded Restrictions on Foreign Donations: The bill broadens the types of donations prohibited from foreign nationals to include those for voter registration, ballot collection, voter identification, get-out-the-vote activities, communications referencing political parties, and election administration.
• Application to State and Local Initiatives: It clarifies that the ban on foreign contributions applies to state and local ballot initiatives, referenda, and recall elections.
• Prohibition on Aiding Violations: The bill makes it illegal for anyone to knowingly assist or facilitate a foreign national's violation of the ban on contributions.
• Indirect Contributions: The legislation addresses indirect contributions by stipulating that any donation made with the intention or instruction that it be used for prohibited activities will be treated as a violation.
• Enforcement Provisions: S. 4145 introduces enforcement mechanisms, including the use of certifications under penalty of perjury and limitations on the scope of investigations by the Federal Election Commission (FEC).
• Reporting Requirements: The bill mandates that political committees, parties, and individuals making independent expenditures or electioneering communications include certifications, under penalty of perjury, that they have complied with the foreign contribution ban.
• Protection of Donor Privacy: Finally, the bill includes provisions to protect the privacy of donors to tax-exempt organizations by preventing federal entities from collecting or disclosing donor information, with specific exceptions for the IRS, Secretary of the Senate, Clerk of the House, FEC, and court orders. It establishes penalties for unauthorized disclosure.