H.R. 8721 — Preventing Foreign Interference in American Elections Act

This section expands the prohibition on contributions and donations by foreign nationals under the Federal Election Campaign Act of 1971 to cover donations for voter registration activity, ballot collection, voter identification, get-out-the-vote activity, public communications referring to a clearly identified Federal, State, or local political party, or the administration of a Federal, State, or local election. It prohibits any person from knowingly aiding or facilitating a violation of the ban and treats a contribution or donation as an indirect violation if made with a designation, instruction, or encumbrance that results in its use for a prohibited activity. It authorizes persons alleged to have violated the ban to submit a certification under penalty of perjury that no violation occurred and limits Commission investigations to the factual matters necessary to determine whether a violation occurred, while preserving the right to petition a district court to quash subpoenas or orders exceeding that scope. It requires political committees, persons making independent expenditures, and persons making disbursements for electioneering communications to include a certification under penalty of perjury that the reported activity complies with the ban.

This section prohibits an entity of the Federal Government from collecting or requiring the submission of donor identification information to a tax-exempt organization, except for the Internal Revenue Service acting under section 6033 of the Internal Revenue Code of 1986, the Secretary of the Senate and Clerk of the House of Representatives under section 3 of the Lobbying Disclosure Act of 1995, the Federal Election Commission under section 510 of title 36 or title III of the Federal Election Campaign Act of 1971, or pursuant to a lawful court or administrative order. This section also prohibits disclosure to the public of such donor information, with the same exceptions plus disclosures authorized by the organization itself. This section defines a tax-exempt organization as one described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a), excluding political organizations under section 527. This section establishes penalties for willful unauthorized disclosure by a federal officer or employee, making the violation a felony punishable by a fine of up to $250,000, imprisonment of up to 5 years, or both, plus costs of prosecution and dismissal from office or employment upon conviction.

This section establishes the effective dates for the modifications to the foreign money ban and related reporting requirements under section 2, as well as the donor privacy protections under section 3. The changes apply to donations or other amounts provided on or after the date of enactment, except that the reporting requirements apply to reports filed under the Federal Election Campaign Act of 1971 on or after that date.