I 

116TH CONGRESS 

1ST SESSION H. R. 746 

To amend the Federal Election Campaign Act of 1971 to apply the ban 

on contributions and expenditures by foreign nationals under such Act 

to foreign-controlled, foreign-influenced, and foreign-owned domestic corporations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2019 

Mr. RASKIN (for himself and Ms. SPANBERGER) introduced the following bill; 

which was referred to the Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

apply the ban on contributions and expenditures by foreign nationals under such Act to foreign-controlled, foreign-influenced, and foreign-owned domestic corporations, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get Foreign Money 

5 Out of U.S. Elections Act’’. 


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1 SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EX2 PENDITURES BY FOREIGN NATIONALS TO DO3 MESTIC CORPORATIONS, LIMITED LIABILITY 

4 CORPORATIONS, AND PARTNERSHIPS THAT 

5 ARE FOREIGN-CONTROLLED, FOREIGN-IN6 FLUENCED, AND FOREIGN-OWNED. 

7 (a) APPLICATION OF BAN.—Section 319(b) of the 

8 Federal Election Campaign Act of 1971 (52 U.S.C. 

9 30121(b)) is amended— 

10 (1) by striking ‘‘or’’ at the end of paragraph 

11 (1); 

12 (2) by striking the period at the end of para13 graph (2) and inserting ‘‘; or’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) any corporation, limited liability corpora17 tion, or partnership which is not a foreign national 

18 described in paragraph (1) and— 

19 ‘‘(A) in which a foreign national described 

20 in paragraph (1) or (2) directly or indirectly 

21 owns or controls— 

22 ‘‘(i) 5 percent or more of the voting 

23 shares, if the foreign national is a foreign 

24 country, a foreign government official, or a 

25 corporation principally owned or controlled 


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1 by a foreign country or foreign government 

2 official; or 

3 ‘‘(ii) 20 percent or more of the voting 

4 shares, if the foreign national is not de5 scribed in clause (i); 

6 ‘‘(B) in which two or more foreign nation7 als described in paragraph (1) or (2), each of 

8 whom owns or controls at least 5 percent of the 

9 voting shares, directly or indirectly own or con10 trol 50 percent or more of the voting shares; 

11 ‘‘(C) over which one or more foreign na12 tionals described in paragraph (1) or (2) has 

13 the power to direct, dictate, or control the deci14 sionmaking process of the corporation, limited 

15 liability corporation, or partnership with respect 

16 to its interests in the United States; or 

17 ‘‘(D) over which one or more foreign na18 tionals described in paragraph (1) or (2) has 

19 the power to direct, dictate, or control the deci20 sionmaking process of the corporation, limited 

21 liability corporation, or partnership with respect 

22 to activities in connection with a Federal, State, 

23 or local election, including— 

24 ‘‘(i) the making of a contribution, do25 nation, expenditure, independent expendiVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H746.IH H746

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1 ture, or disbursement for an electioneering 

2 communication (within the meaning of sec3 tion 304(f)(3)); or 

4 ‘‘(ii) the administration of a political 

5 committee established or maintained by the 

6 corporation.’’. 

7 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

8 of such Act (52 U.S.C. 30121) is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

11 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak12 ing in connection with an election for Federal office of any 

13 contribution, donation, expenditure, independent expendi14 ture, or disbursement for an electioneering communication 

15 by a corporation, limited liability corporation, or partner16 ship during a year, the chief executive officer of the cor17 poration, limited liability corporation, or partnership (or, 

18 if the corporation, limited liability corporation, or partner19 ship does not have a chief executive officer, the highest 

20 ranking official of the corporation, limited liability cor21 poration, or partnership), shall file a certification with the 

22 Commission, under penalty of perjury, that the corpora23 tion, limited liability corporation, or partnership is not 

24 prohibited from carrying out such activity under sub25 section (b)(3), unless the chief executive officer has preVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H746.IH H746

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1 viously filed such a certification during that calendar 

2 year.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect upon the expiration of the 

5 180-day period which begins on the date of the enactment 

6 of this Act, and shall take effect without regard to whether 

7 or not the Federal Election Commission has promulgated 

8 regulations to carry out such amendments. 

9 SEC. 3. CLARIFICATION OF APPLICATION OF FOREIGN 

10 MONEY BAN TO CERTAIN DISBURSEMENTS 

11 AND ACTIVITIES. 

12 (a) APPLICATION TO DISBURSEMENTS TO SUPER

13 PACS.—Section 319(a)(1)(A) of the Federal Election 

14 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 

15 amended by striking the semicolon and inserting the fol16 lowing: ‘‘, including any disbursement to a political com17 mittee which accepts donations or contributions that do 

18 not comply with the limitations, prohibitions, and report19 ing requirements of this Act (or any disbursement to or 

20 on behalf of any account of a political committee which 

21 is established for the purpose of accepting such donations 

22 or contributions);’’. 

23 (b) CONDITIONS UNDER WHICH CORPORATE PACS

24 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—SecVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H746.IH H746

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1 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

2 by adding at the end the following new paragraph: 

3 ‘‘(8) A separate segregated fund established by a cor4 poration may not make a contribution or expenditure dur5 ing a year unless the fund has certified to the Commission 

6 the following during the year: 

7 ‘‘(A) Each individual who manages the fund, 

8 and who is responsible for exercising decisionmaking 

9 authority for the fund, is a citizen of the United 

10 States or is lawfully admitted for permanent resi11 dence in the United States. 

12 ‘‘(B) No foreign national under section 319 

13 participates in any way in the decisionmaking proc14 esses of the fund with regard to contributions or ex15 penditures under this Act. 

16 ‘‘(C) The fund does not solicit or accept rec17 ommendations from any foreign national under sec18 tion 319 with respect to the contributions or expend19 itures made by the fund. 

20 ‘‘(D) Any member of the board of directors of 

21 the corporation who is a foreign national under sec22 tion 319 abstains from voting on matters concerning 

23 the fund or its activities.’’. 

Æ 


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