[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 26 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 26
To amend the Ethics in Government Act of 1978 to require the disclosure
of certain tax returns by Presidents and certain candidates for the
office of the President, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 2017
Mr. Wyden (for himself, Ms. Baldwin, Mr. Bennet, Mr. Cardin, Mrs.
Feinstein, Mr. Kaine, Mr. Merkley, Mr. Murphy, Ms. Stabenow, Mr. Udall,
and Ms. Warren) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Ethics in Government Act of 1978 to require the disclosure
of certain tax returns by Presidents and certain candidates for the
office of the President, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Tax Transparency Act''.
SEC. 2. DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN
PRESIDENTIAL CANDIDATES.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President;
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e);
``(3) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986; and
``(4) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of the
income tax returns of the covered individual for the 3
most recent taxable years for which a return have been
filed with the Internal Revenue Service as of the date
on which the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) the Federal
Election Commission shall submit to the Secretary of
the Treasury a request that the Secretary of the
Treasury provide the Federal Election Commission with
the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Federal Election Commission and made publicly available
in the same manner as the information described in
section 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury (or a delegate of the Secretary) and
the Director of the Office of Government Ethics,
determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described in
paragraph (1)(A).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``or any individual who
knowingly and willfully falsifies or who
knowingly and willfully fails to file an income
tax return that such individual is required to
disclose pursuant to section 102A'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``or falsify any income tax return that
such person is required to disclose
under section 102A'' before the
semicolon; and
(II) in clause (ii), by inserting
``or fail to file any income tax return
that such person is required to
disclosed under section 102A'' before
the period;
(B) in subsection (b), in the first sentence by
inserting ``or willfully failed to file or has
willfully falsified an income tax return required to be
disclosed under section 102A'' before the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A'' before the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Government Ethics a copy of any
income tax return of the President which is
required to be filed under section 102A of such
Act.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public the income tax return of any
President which is required to be filed with
the Director pursuant to section 102A of the
Ethics in Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(a)) for the office of
President.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(6)) for the office of
President and which is required to be filed
with the Commission pursuant to section 102A of
the Ethics in Government Act.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears.
<all>