HR8721-119

What This Bill Does

The Preventing Foreign Interference in American Elections Act amends the Federal Election Campaign Act foreign money ban. It adds donations for voter registration, ballot collection, voter identification, get-out-the-vote activity, public communications that identify a federal, state, or local political party, and election administration. It also prohibits knowingly aiding or facilitating a violation. A person is treated as indirectly making a prohibited contribution, donation, expenditure, or disbursement if the person gives money with a designation, instruction, or encumbrance that results in any part being used for a covered activity. The bill lets persons accused in FEC complaints submit penalty-of-perjury certifications that no violation occurred and requires the FEC to consider them. It limits FEC investigations after a reason-to-believe finding to factual matter needed to determine whether the violation occurred and allows subpoena or order challenges on that basis. Separately, federal entities may not collect, require, or publicly disclose donor-identification information for tax-exempt organizations, with exceptions for the IRS, congressional lobbying disclosure officers, the FEC, lawful orders, or organization-authorized disclosure. Willful unauthorized disclosure by a federal employee or former employee is a felony punishable by a fine up to $250,000, imprisonment up to five years, dismissal, and prosecution costs.

Who Benefits and How

Election administrators benefit from clearer restrictions on foreign-funded election administration donations. U.S. voters benefit if foreign money is blocked from voter registration, ballot collection, voter identification, get-out-the-vote, and party-communication activity. Tax-exempt organizations benefit from donor privacy protections against federal collection and public disclosure. Donors to tax-exempt organizations benefit from criminal penalties for unauthorized federal disclosure. FEC respondents benefit from certification and investigation-scope limits.

Who Bears the Burden and How

Foreign donors and intermediaries lose paths to fund election-adjacent activities. Election nonprofits and voter mobilization groups must ensure foreign-source restrictions are not triggered by directed or conduit donations. FEC enforcement staff must apply indirect-contribution rules, certification procedures, and investigation-scope limits. Federal officers handling nonprofit donor information face felony exposure for willful unauthorized disclosure. Federal entities outside listed exceptions may have to stop collecting or publishing donor identity data.

Key Provisions

• Adds voter registration, ballot collection, voter identification, get-out-the-vote activity, party communications, and election administration to the foreign money ban.
• Prohibits aiding or facilitating foreign money violations.
• Treats designated, instructed, encumbered, intermediary, or conduit donations as indirect prohibited activity when funds reach covered uses.
• Allows FEC respondents to submit penalty-of-perjury certifications and limits investigations to necessary factual matters.
• Bars federal collection or public disclosure of tax-exempt organization donor identities except through specified lawful exceptions.
• Creates felony penalties for willful unauthorized donor-identity disclosure by federal personnel.