EPIC Act

To amend the Internal Revenue Code of 1986 to require certain tax exempt organizations to certify that foreign funds will not be used to make any contribution or expenditure in connection with any election in the United States, and for other purposes. 1. Short title This Act may be cited as the Election Protection & Integrity Certification Act EPIC Act 2. Certification that foreign funds will not be used to make any contribution or expenditure in connection with any election in the United States (a) Application for exemption Section 501 (s) Certification In the case of an organization described in subsection (c) for which an application is required for exemption from tax under subsection (a), such application shall not be treated as complete unless the application contains a certification that the organization will not, directly or indirectly— (1) use foreign funds to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, (B) a contribution or donation to a committee of a political party, or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3) (2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national. . (b) Certification by (c)(4) (1) In general Section 506(a) of such Code is amended by inserting before the period at the end the following: and shall include with such notification the certification described in subsection (g) (2) Certification Section 506 of such Code is amended by adding at the end the following: (g) Certification The certification described in this subsection with respect to an organization is a certification that the organization will not, directly or indirectly— (1) use foreign funds to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, (B) a contribution or donation to a committee of a political party, or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3) (2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national. . (c) Annual reporting Section 6033 (n) Certification The annual return required by subsection (a) for an organization described in section 501(c) and exempt from tax under section 501(a) shall not be treated as complete unless the return contains a certification that the organization did not, directly or indirectly— (1) use foreign funds to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election in the year, (B) a contribution or donation to a committee of a political party, or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3) (2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national. . (d) GAO study The Comptroller General of the United States shall— (1) conduct a study of the political activities of corporations to determine whether foreign money is being used in United States elections, and (2) not later than July 1, 2019, submit a report of such study to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (e) Effective date (1) The amendment made by subsection (a) shall apply to applications filed after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to returns filed for taxable years beginning after the date of the enactment of this Act. 3. Including certifications in reports filed under Federal Election Campaign Act of 1971 by organizations making disbursements for independent expenditures or electioneering communications (a) Independent expenditures Section 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) (1) by striking and (2) by striking the period at the end of subparagraph (C) and inserting ; and (3) by adding at the end the following new subparagraph: (D) in the case of an independent expenditure made by an organization that is described in section 501(c) . (b) Electioneering communications Section 304(f)(2) of such Act ( 52 U.S.C. 30104(f)(2) (G) If the person making the disbursement is an organization that is described in section 501(c) . (c) Effective date The amendments made by this section shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the date of the enactment of this Act.

Summary: Election Protection & Integrity Certification Act or the EPIC Act This bill amends the Internal Revenue Code to require an organization applying for tax-exempt status to certify that it will not: (1) use foreign funds to make certain expenditures in connection with an election, a political party, or an electioneering communication; or (2) solicit, accept, or receive a contribution or donation from a foreign national for an election or a political party. A tax-exempt organization must certify in its annual tax return that it has not violated the requirements described above. The Government Accountability Office must study the political activities of corporations to determine whether foreign money is being used in U.S elections. The bill amends the Federal Election Campaign Act of 1971 to require tax-exempt organizations filing certain reports regarding disbursements for independent expenditures or electioneering communications to certify that foreign funds were not used for the disbursements.