Section 1 Short title
This Act may be cited as the “Election Protection & Integrity Certification Act” or the “EPIC Act”.
Election Protection & Integrity Certification Act
A BILL
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.
Sec. 2 Certification that foreign funds will not be used to make any contribution or expenditure in connection with any election in the United States
Application for exemption— Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“(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))), or
“(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.”
Certification by (c)(4) organizations—
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)”.
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))), or
“(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.”
Annual reporting— Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following:
“(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))), or
“(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.”
GAO study— The Comptroller General of the United States shall—
conduct a study of the political activities of corporations to determine whether foreign money is being used in United States elections, and
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.
Effective date—
The amendment made by subsection (a) shall apply to applications filed after the date of the enactment of this Act.
The amendment made by subsection (b) shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.
Sec. 3 Including certifications in reports filed under Federal Election Campaign Act of 1971 by organizations making disbursements for independent expenditures or electioneering communications
Independent expenditures— Section 304(c)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(c)(2)) is amended—
by striking “and” at the end of subparagraph (B);
by striking the period at the end of subparagraph (C) and inserting “; and”; and
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) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the organization did not use foreign funds to make the expenditure.”
Electioneering communications— Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph:
“(G) If the person making the disbursement is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the person did not use foreign funds to make the disbursement.”
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.