American Business for American Companies Act of 2026
Sponsored By: Senator Durbin, Richard J. [D-IL]
Introduced
Summary
Would block federal contracts to inverted domestic corporations. The bill would stop foreign-incorporated firms that flipped into U.S. status from winning civilian or defense contracts and would set strict subcontracting limits.
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- Federal agencies would be barred from awarding procurements to a foreign-incorporated entity determined to be an inverted domestic corporation. Agencies could waive the ban for national security or program needs and would have to notify Congress within 14 days.
- Prime contractors on non-commercial contracts over $10 million would need a clause capping first-tier subcontracting to inverted entities at 10 percent of the contract value and forbidding tiering to evade the limit. Violations could lead to termination for default and referral for suspension or debarment.
- The bill would define an inverted domestic corporation as a foreign entity that acquires a U.S. firm so former shareholders control more than 50 percent, unless the expanded group shows substantial activity in the foreign jurisdiction under Treasury rules. For domestic activity the bill would count at least 25 percent of employees, employee compensation, assets, or income as U.S.-based, with Treasury able to adjust those thresholds.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Ban and limits on inverted companies
This bill would stop federal agencies from awarding contracts to foreign‑incorporated firms that qualify as "inverted domestic corporations." A firm would be treated as inverted if, after an acquisition completed on or after May 8, 2014, former U.S. shareholders hold more than 50% of stock or if management and control and significant business activity are primarily in the United States. "Significant domestic business" is met if at least 25% of employees, pay, assets, or income are in the U.S. For prime contracts over $10,000,000 (not exclusively commercial items), primes could not award a first‑tier subcontract worth more than 10% of the contract to these firms, and agencies could terminate contracts or refer violators for suspension or debarment. Contracts signed before enactment would be exempt, but task or delivery orders issued after enactment would be covered. Agency heads could waive the prohibition for national security or needed health program administration, and agencies would have to notify Congress in writing within 14 days of a waiver.
Sponsors & CoSponsors
Sponsor
Durbin, Richard J. [D-IL]
IL • D
Cosponsors
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 2/9/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 2/9/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 2/9/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 2/10/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov