Get Foreign Money Out of U.S. Elections Act
- Sponsor
- Sen. Whitehouse, Sheldon [D-RI]
- Committees
- Rules and Administration Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
This bill aims to prevent foreign money from influencing U.S. elections by extending existing prohibitions to domestic entities with significant foreign ownership or control and by increasing transparency and accountability for political spending.
What it actually does
This bill expands the existing ban on contributions and expenditures by foreign nationals in U.S. elections to include domestic business entities that are foreign-controlled, foreign-influenced, or foreign-owned, based on specific ownership thresholds or control over decision-making. It mandates that chief executive officers of such entities file a sworn certification of compliance with the Federal Election Commission (FEC) for any election-related disbursements. Additionally, it clarifies that the ban applies to state and local ballot initiatives and disbursements to Super PACs, and imposes new certification requirements for corporate PACs to ensure no foreign national involvement in their decision-making.
Proponents argue
Proponents argue that the current law has loopholes that allow foreign interests to indirectly influence U.S. elections through domestic entities, thereby undermining democratic integrity and national security. They contend that this bill closes those loopholes, ensuring that only American citizens and fully domestic entities participate in funding U.S. elections, thereby safeguarding the electoral process from undue foreign influence and protecting national sovereignty.
Opponents contend
Opponents might argue that the bill is overly broad and could inadvertently restrict the political speech of legitimate U.S. businesses with some foreign investment, potentially chilling economic activity and investment. They may also raise concerns about the administrative burden of compliance and certification requirements, particularly for smaller businesses or those with complex ownership structures, and question the constitutionality of certain restrictions on speech.
The bill is concise and its core provisions are relatively clear, making it accessible for an informed reader to understand its main impacts within a reasonable timeframe.
Section 2(a), amending Section 319(b) of FECA
Extension of Foreign National Ban to Domestic Business Entities
This provision expands the definition of 'foreign national' for election finance purposes to include U.S. business entities where a foreign national directly or indirectly owns or controls 50% or more of voting shares or equity. It also applies if one foreign national owns 1% or more, or two or more foreign nationals collectively own 5% or more, or if foreign nationals have the power to direct the entity's decision-making regarding U.S. interests or election activities.
Supporters argue
Supporters argue this closes a critical loophole allowing foreign money to enter U.S. elections through seemingly domestic channels, thereby protecting the integrity of the electoral process and national security.
Critics contend
Critics may argue that these ownership thresholds are too low, potentially ensnaring legitimate U.S. businesses with minor foreign investment and infringing on their free speech rights under the guise of national security.
Tradeoffs
This provision balances the desire to prevent foreign influence in elections with potential impacts on foreign investment in U.S. businesses and their ability to participate in political discourse.
Section 2(b), adding new subsection (c) to Section 319 of FECA
Requirement for Certification of Compliance for Election Activity
This provision mandates that the chief executive officer (or highest-ranking official) of any business entity making an election-related contribution or disbursement must file a sworn certification with the Federal Election Commission (FEC) within 7 days. This certification must avow, under penalty of perjury, that the entity was not a foreign national on the date of the disbursement. Beneficial ownership is determined by State law or, for registered entities, by Section 13(d) of the Securities Exchange Act of 1934.
Section 2(c), adding new subsection (d) to Section 319 of FECA
Prohibition on Using Funds from Non-Certified Entities
This provision makes it unlawful for any person (e.g., a political committee) to use contributions or disbursements from a business entity that was required to file a certification but did not, or to convey such funds to another person for political use. An exception is provided if the recipient receives a copy of the certification, the use is otherwise lawful, and the funds are separately designated, recorded, and accounted for to ensure compliance.
Section 3(a), amending Section 319(a)(1)(A) of FECA
Clarification of Ban's Application to State/Local Ballot Initiatives and Super PACs
This provision clarifies that the existing ban on foreign national contributions and expenditures applies to State or local ballot initiatives, referenda, or recall elections. It also explicitly extends the ban to any disbursement made to a political committee (such as a Super PAC) that accepts donations not complying with FECA limitations, prohibitions, or reporting requirements, or to any account of such a committee established for accepting such donations.
Section 3(b), adding new paragraph (8) to Section 316(b) of FECA
Conditions for Corporate PACs Regarding Foreign National Involvement
This provision prohibits a separate segregated fund (PAC) established by a corporation from making contributions or expenditures unless it certifies to the FEC annually that all fund managers are U.S. citizens or permanent residents. It also requires certification that no foreign national participates in PAC decision-making, the PAC does not solicit recommendations from foreign nationals, and any foreign national on the corporation's board abstains from voting on PAC matters.