Unions Urge House to Reject H.R. 8314 Over Constitutional Issues

AFSA joined a coalition of major labor unions, including the AFL-CIO, in calling on Congress to reject H.R. 8314, the “Foreign Election Interference Act.” In a letter addressed to members of the House of Representatives, the unions argue that the bill could severely undermine the political participation rights of American workers and their unions.

The proposed legislation, which is intended to prevent foreign influence in U.S. elections, has raised concerns within the labor movement for its potential to restrict the political activities of unions, trade associations, and other nonprofit organizations. Union leaders assert that the bill's provisions are overly broad and could have unintended consequences, threatening the First Amendment rights of U.S. citizens, particularly those represented by labor organizations.

“H.R. 8314 puts labor unions, trade associations, and other nonprofits at risk of being restricted from full and fair participation in the political process,” the unions wrote. “We are in total agreement that foreign actors should not be permitted to influence our elections, but the bill’s approach and ambiguities may lead to harmful consequences for U.S. citizens.”

A key issue for unions is the potential for H.R. 8314 to bar them from making political contributions if they receive dues from any foreign national. This, labor leaders argue, could incentivize anti-union employers to prioritize hiring noncitizens, thus weakening unions' ability to contribute to political campaigns and influence policy, all while leaving corporate employers exempt from similar restrictions.

The unions also point out that the bill could be exploited by foreign powers to undermine U.S. nonprofits. Under its provisions, any nonprofit that unknowingly receives even a small donation from a foreign national could face an eight-year ban on political contributions, regardless of intent.

The coalition highlights that the bill, which was advanced without sufficient hearings or analysis, has the potential to disproportionately impact labor unions, while corporate interests remain unscathed. This imbalance could diminish the political influence of unions, stifling their ability to advocate for workers' rights and interests on the national stage.

In urging lawmakers to vote against the bill, the unions emphasized that a full review and necessary amendments are crucial to safeguard the constitutional rights of working people. They stressed the urgency of ensuring that legislation intended to protect elections does not inadvertently weaken workers’ voices in the political arena.

“H.R. 8314 is precisely the kind of bill for which the House should not suspend its rules and pass as-is,” the unions concluded. “At a minimum, amendments are necessary to protect U.S. citizens and their democracy.”

The coalition's letter, supported by unions representing millions of American workers, underscores the potential dangers of hastily advancing legislation that could have far-reaching and unintended effects on labor unions and the broader nonprofit sector. As Congress prepares to vote, the labor movement is calling for a closer look at the bill’s language to prevent constitutional risks and maintain a fair political process.