PolicyBrief
H.R. 2265
119th CongressMar 21st 2025
No Foreign Election Interference Act
IN COMMITTEE

This Act establishes penalties and potential loss of tax-exempt status for certain tax-exempt organizations that donate to political committees after receiving funds from foreign nationals.

Nicole Malliotakis
R

Nicole Malliotakis

Representative

NY-11

LEGISLATION

Non-Profits Face Double Fines and Tax Status Loss Over Foreign Funds and Political Donations Starting 2026

The “No Foreign Election Interference Act” is bringing in some seriously strict rules for tax-exempt organizations—the 501(c) groups that do everything from running food banks to funding academic research. Specifically, Section 2 targets groups with at least $200,000 in gross receipts or $500,000 in assets, making it much harder for them to engage in political spending if they’ve ever taken money from outside the U.S. The goal is clear: stop foreign money from indirectly influencing U.S. elections through non-profits. These new penalties kick in on January 1, 2026.

The Eight-Year Lookback and the Double Penalty

Here’s the core mechanism: if a qualifying non-profit makes a contribution to a political committee, it becomes a “disqualified political committee contribution” if that organization received any gift or contribution from a foreign national within the preceding eight years. Yes, you read that right—eight years. This lookback period creates a massive compliance headache, forcing organizations to track funding sources from nearly a decade ago. If they trip this wire, the penalty is severe: the organization must pay a fine equal to twice the amount of the contribution they made to the political committee. For example, a $5,000 donation to a political action committee (PAC) would trigger a $10,000 penalty, effectively making the political spending cost three times the original amount.

The Existential Threat: Losing Your Tax Status

The financial penalty is just the warm-up. This bill introduces an extremely harsh mechanism for permanent shutdown. If a 501(c) organization makes more than two of these disqualified political contributions, it automatically loses its tax-exempt status for all tax years starting with the third violation. This is the nuclear option. Losing tax-exempt status means the organization can no longer receive tax-deductible donations, which is the lifeblood of almost every non-profit. For large international charities, research foundations, or cultural groups that routinely take funding from foreign partners and engage in policy advocacy, this rule creates an existential risk. They must now choose between accepting legitimate international funding or engaging in any kind of political spending, even if the money they donate is entirely domestic.

What This Means on the Ground

Think about a major university research foundation that receives grants from European governments or foreign corporations for climate change studies. If that foundation also donates to a PAC supporting candidates who prioritize climate action, they could trigger the double fine and potentially lose their tax status entirely after just three mistakes. The sheer severity of the penalty—permanent revocation for a third infraction—is designed to create a massive chilling effect. Non-profits that rely on foreign funding will likely withdraw entirely from political engagement to avoid the risk, regardless of whether their foreign funding is influencing their domestic political decisions. This is a huge shift in compliance and risk management for the entire non-profit sector, forcing organizations to audit their funding history back to 2018 (assuming the 8-year clock starts running when the law takes effect).