Preventing Foreign Interference in American Elections Act
- Bill Number
- H.R. 8721
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-05-14: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 8 - 3.
- Last Updated
- 2026-06-03T08:09:08Z
AI-Generated Summary
Purpose
The "Preventing Foreign Interference in American Elections Act" (H.R. 8721) aims to strengthen bans on foreign money in U.S. elections by expanding restrictions under the Federal Election Campaign Act of 1971 (FECA, the main law governing campaign finance) and protecting the privacy of donors to certain tax-exempt nonprofit organizations.
Key Provisions
- Expanded Foreign Money Ban (Section 2):
- Prohibits foreign nationals (governments, individuals, or entities) from donating to voter registration, ballot collection, voter identification efforts, get-out-the-vote (GOTV) activities, public communications mentioning political parties, or election administration.
- Bans knowingly aiding or facilitating such violations.
- Treats "indirect contributions" as violations if money is directed (even through intermediaries) to prohibited activities.
- Adds enforcement tools: Allows sworn certifications (under penalty of perjury) denying violations as a defense; limits Federal Election Commission (FEC) investigations to only essential facts; permits court challenges to overly broad FEC subpoenas.
- Requires political committees, parties, and others to certify compliance in reports for contributions, independent expenditures (spending not coordinated with candidates), and electioneering communications (ads mentioning candidates near elections).
- Donor Privacy Protections (Section 3):
- Bars federal agencies from collecting or publicly disclosing donor identities for 501(c) tax-exempt organizations (nonprofits like charities or advocacy groups exempt from federal income tax).
- Exceptions for IRS tax enforcement, congressional lobbying disclosures, FEC election rules, court orders, or donor-authorized releases.
- Excludes 527 political organizations (tax-exempt groups focused on politics).
- Makes willful unauthorized disclosure a felony: up to $250,000 fine, 5 years in prison, and job dismissal for government employees.
- Effective Date (Section 4): Applies to donations and reports after enactment.
Significant Changes to Existing Law
- FECA Amendments: Broadens Section 319's foreign money ban beyond elections/campaigns to include voter outreach and election admin; adds aiding/facilitating and indirect contributions; introduces certification defenses, investigation limits, and subpoena challenges; mandates compliance certifications in reports.
- New Donor Privacy Rules: Creates standalone protections never before specified in FECA, with criminal penalties for violations.
Potential Impacts
- Government Agencies: FEC gains enforcement tools but faces limits on investigation scope, potentially speeding cases but reducing broad probes; IRS and congressional offices retain tax/lobbying access; increases penalties deter misuse of donor data.
- Citizens and Elections: Reduces foreign influence in voter activities and elections; protects nonprofit donor anonymity, aiding privacy for charitable/political giving but possibly shielding undisclosed political spending.
- International Relations: Deters foreign governments/entities from election meddling via funding, signaling stronger U.S. safeguards.
Main Stakeholders Affected
- Foreign Nationals/Entities: Directly restricted from funding U.S. election-related activities.
- Political Committees, Parties, Candidates: Must certify no foreign money; face new reporting/reporting burdens.
- Tax-Exempt Nonprofits (501(c)): Donors gain privacy protections, benefiting advocacy groups.
- FEC and Regulators: Enhanced tools but constrained investigations.
- Government Employees: Liable for felony penalties on donor data mishandling.
- Voters/Election Officials: Less risk of foreign-funded interference in registration, turnout, and admin.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FECA enforcement with procedural safeguards (e.g., certification defenses, narrow probes) that may reduce frivolous complaints but limit FEC authority; felony penalties raise disclosure violation stakes.
- Constitutional: Balances First Amendment donor privacy (anonymity as protected speech) against election transparency; indirect contribution rules could face challenges if seen as overbroad.
- Political: Shields "dark money" in nonprofits from disclosure (while banning foreign sources), potentially influencing campaign finance debates; bipartisan committee referrals suggest cross-party interest in foreign interference prevention.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Rep. Miller, Mary E. [R-IL-15], Rep. Calvert, Ken [R-CA-41], Rep. Barrett, Tom [R-MI-7]
Recent Actions
- 2026-05-14: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 8 - 3.
- 2026-05-14: Committee Consideration and Mark-up Session Held
- 2026-05-11: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-11: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-05-11: Introduced in House
- 2026-05-11: Introduced in House
Bill Versions
- Preventing Foreign Interference in American Elections Act — issued 2026-05-11 — PDF (11 pages)