[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[USCODETITLE]
[Pages 994-1019]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 994]]
TITLE 26.--INTERNAL REVENUE CODE
Subtitle A.--INCOME TAXES
Chapter 1.--NORMAL TAXES AND SURTAXES
* * * * * * *
Subchapter B.--Computation of Taxable Income
* * * * * * *
Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
* * * * * * *
1375 Sec. 84. Transfer of appreciated property to political
organization.
(a) General rule
If--
(1) any person transfers property to a
political organization, and
(2) the fair market value of such property
exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be
treated as having sold such property to the political
organization on the date of the transfer, and the transferor
shall be treated as having realized an amount equal to the
fair market value of such property on such date.
(b) Basis of property
In the case of a transfer of property to a political
organization to which subsection (a) applies, the basis of
such property in the hands of the political organization
shall be the same as it would be in the hands of the
transferor, increased by the amount of gain recognized to
the transferor by reason of such transfer.
(c) Political organization defined
For purposes of this section, the term ``political
organization'' has the meaning given to such term by section
527(e)(1). (Jan. 3, 1975, Pub.L. 93-625, Sec. 13(a), 88
Stat. 2120.)
* * * * * * *
Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND
CORPORATIONS
* * * * * * *
1376
Sec. 162. Trade or business expenses.
(a) In general
There shall be allowed as a deduction all the ordinary
and necessary expenses paid or incurred during the taxable
year in carrying on any trade or business, including--
[[Page 995]]
(1) a reasonable allowance for salaries or
other compensation for personal services
actually rendered;
(2) traveling expenses (including amounts
expended for meals and lodging other than
amounts which are lavish or extravagant under
the circumstances) while away from home in the
pursuit of a trade or business; and
(3) rentals or other payments required to be
made as a condition to the continued use or
possession, for purposes of the trade or
business, of property to which the taxpayer has
not taken or is not taking title or in which he
has no equity.
For purposes of the preceding sentence, the place of
residence of a Member of Congress (including any Delegate
and Resident Commissioner) within the State, congressional
district, or possession which he represents in Congress
shall be considered his home, but amounts expended by such
Members within each taxable year for living expenses shall
not be deductible for income tax purposes in excess of
$3,000. For purposes of paragraph (2), the taxpayer shall
not be treated as being temporarily away from home during
any period of employment if such period exceeds 1 year. The
preceding sentence shall not apply to any Federal employee
during any period for which such employee is certified by
the Attorney General (or the designee thereof) as traveling
on behalf of the United States in temporary duty status to
investigate or prosecute, or provide support services for
the investigation or prosecution of, a Federal crime. (Aug.
16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub.L. 87-
834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub.L. 94-
455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981, Pub.L.
97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982, Pub.L.
97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992, Pub.L.
102-486, Sec. 1938(a), 106 Stat. 3033; Aug. 5, 1997, Pub.L.
105-34, Sec. 1204(a), 111 Stat. 995; July 22, 1998, Pub.L.
105-206, Sec. 6012(a), 112 Stat. 818.)
* * * * * * *
Subchapter F.--Exempt Organizations
* * * * * * *
Part VI.--POLITICAL ORGANIZATIONS
1377 Sec. 527. Political organizations.
(a) General rule
A political organization shall be subject to taxation
under this subtitle only to the extent provided in this
section. A political organization shall be considered an
organization exempt from income taxes for the purpose of any
law which refers to organizations exempt from income taxes.
(b) Tax imposed
(1) In general.--A tax is hereby imposed for each
taxable year on the political organization taxable income of
every political organization. Such tax shall be computed by
multiplying the political organization taxable income by the
highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for
any taxable year any political organization has a net
capital gain, then, in lieu of the tax imposed by paragraph
(1), there is hereby imposed a tax (if such
[[Page 996]]
a tax is less than the tax imposed by paragraph (1)) which
shall consist of the sum of--
(A) a partial tax, computed as provided by
paragraph (1), on the political organization
taxable income determined by reducing such
income by the amount of such gain, and
(B) an amount determined as provided in
section 1201(a) on such gain.
(c) Political organization taxable income defined
(1) Taxable income defined.--For purposes of this
section, the political organization taxable income of any
organization for any taxable year is an amount equal to the
excess (if any) of--
(A) the gross income for the taxable year
(excluding any exempt function income), over
(B) the deductions allowed by this chapter
which are directly connected with the production
of the gross income (excluding exempt function
income), computed with the modifications
provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific
deduction of $100,
(B) no net operating loss deduction shall be
allowed under section 172, and
(C) no deduction shall be allowed under part
VIII of subchapter B (relating to special
deductions for corporations).
(3) Exempt function income.--For purposes of this
subsection, the term ``exempt function income'' means any
amount received as--
(A) a contribution of money or other
property,
(B) membership dues, a membership fee or
assessment from a member of the political
organization,
(C) proceeds from a political fundraising or
entertainment event, or proceeds from the sale
of political campaign materials, which are not
received in the ordinary course of any trade or
business, or
(D) proceeds from the conducting of any
bingo game (as defined in section 513(f)(2)),
to the extent such amount is segregated for use only for the
exempt function of the political organization.
(d) Certain uses not treated as income to candidate
For purposes of this title, if any political
organization--
(1) contributes any amount to or for the use
of any political organization which is treated
as exempt from tax under subsection (a) of this
section,
(2) contributes any amount to or for the use
of any organization described in paragraph (1)
or (2) of section 509(a) which is exempt from
tax under section 501(a), or
(3) deposits any amount in the general fund
of the Treasury or in the general funds of any
State or local government,
such amount shall be treated as an amount not diverted for
the personal use of the candidate or any other person. No
deduction shall be allowed under this title for the
contribution or deposit of any amount described in the
preceding sentence.
[[Page 997]]
(e) Other definitions
For purposes of this section--
(1) Political organization.--The term
``political organization'' means a party,
committee, association, fund, or other
organization (whether or not incorporated)
organized and operated primarily for the purpose
of directly or indirectly accepting
contributions or making expenditures, or both,
for an exempt function.
(2) Exempt function.--The term ``exempt
function'' means the function of influencing or
attempting to influence the selection,
nomination, election, or appointment of any
individual to any Federal, State, or local
public office or office in a political
organization, or the election of Presidential or
Vice-Presidential electors, whether or not such
individual or electors are selected, nominated,
elected, or appointed. Such term includes the
making of expenditures relating to an office
described in the preceding sentence which, if
incurred by the individual, would be allowable
as a deduction under section 162(a).
(3) Contributions.--The term
``contributions'' has the meaning given to such
term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures''
has the meaning given to such term by section
271(b)(3).
(5) Qualified State or Local Political
Organization--
(A) In general.--The term ``qualified
State or local political organization''
means a political organization--
(i) all the exempt functions of
which are solely for the purposes of
influencing or attempting to
influence the selection, nomination,
election, or appointment of any
individual to any State or local
public office or office in a State
or local political organization,
(ii) which is subject to State
law that requires the organization
to report (and it so reports)--
(I) information
regarding each separate
expenditure from and
contribution to such
organization, and
(II) information
regarding the person who
makes such contribution or
receives such expenditure,
which would otherwise be required to be
reported under this section, and
(iii) with respect to which the
reports referred to in clause (ii)
are (I) made public by the agency
with which such reports are filed,
and (II) made publicly available for
inspection by the organization in
the manner described in section
6104(d).
(B) Certain State law differences
disregarded.--An organization shall not be
treated as failing to meet the requirements
of subparagraph (A)(ii) solely by reason of
1 or more of the following:
(i) The minimum amount of any
expenditure or contribution required
to be reported under State law is
not more than $300 greater than the
minimum amount required to be
reported under subsection (j).
(ii) The State law does not
require the organization to identify
1 or more of the following:
[[Page 998]]
(I) The employer of any
person who makes
contributions to the
organization.
(II) The occupation of
any person who makes
contributions to the
organization.
(III) The employer of
any person who receives
expenditures from the
organization.
(IV) The occupation of
any person who receives
expenditures from the
organization.
(V) The purpose of any
expenditure of the
organization.
(VI) The date any
contribution was made to the
organization.
(VII) The date of any
expenditure of the
organization.
(C) De Minimis Errors.--An organization
shall not fail to be treated as a qualified
State or local political organization solely
because such organization makes de minimis
errors in complying with the State reporting
requirements and the public inspection
requirements described in subparagraph (A)
as long as the organization corrects such
errors within a reasonable period after the
organization becomes aware of such errors.
(D) Participation of Federal candidate
or office holder.--The term ``qualified
State or local political organization''
shall not include any organization otherwise
described in subparagraph (A) if a candidate
for nomination or election to Federal
elective public office or an individual who
holds such office--
(i) controls or materially
participates in the direction of the
organization.
(ii) solicits contributions to
the organization (unless the
Secretary determines that such
solicitations resulted in de minimis
contributions and were made without
the prior knowledge and consent,
whether explicit or implicit, of the
organization or its officers,
directors, agents, or employees, or
(iii) directs, in whole or in
part, disbursements by the
organization.
* * * * * * *
(g) Treatment of newsletter funds
(1) In general.--For purposes of this section, a fund
established and maintained by an individual who holds, has
been elected to, or is a candidate (within the meaning of
paragraph (3)) for nomination or election to, any Federal,
State, or local elective public office for use by such
individual exclusively for the preparation and circulation
of such individual's newsletter shall, except as provided in
paragraph (2), be treated as if such fund constituted a
political organization.
(2) Additional modifications.--In the case of any fund
described in paragraph (1)--
(A) the exempt function shall be only the
preparation and circulation of the newsletter,
and
(B) the specific deduction provided by
subsection (c)(2)(A) shall not be allowed.
[[Page 999]]
(3) Candidate.--For purposes of paragraph (1), the term
``candidate'' means, with respect to any Federal, State, or
local elective public office, an individual who--
(A) publicly announces that he is a
candidate for nomination or election to such
office, and
(B) meets the qualifications prescribed by
law to hold such office.
(h) Special rule for principal campaign committees
(1) In general.--In the case of a political organization
which is a principal campaign committee, paragraph (1) of
subsection (b) shall be applied by substituting ``the
appropriate rates'' for ``the highest rate''.
(2) Principal campaign committee defined--
(A) In general.--For purposes of this
subsection, the term ``principal campaign
committee'' means the political committee
designated by a candidate for Congress as his
principal campaign committee for purposes of--
(i) section 302(e) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only
1 designation in effect under subparagraph
(A)(ii) at any time and such designation--
(i) shall be made at such time and in
such manner as the Secretary may prescribe
by regulations, and
(ii) once made, may be revoked only with
the consent of the Secretary.
Nothing in this subsection shall be construed to
require any designation where there is only one
political committee with respect to a candidate.
(i) Organizations must notify Secretary that they are
section 527 organizations
(1) In general.--Except as provided in paragraph (5), an
organization shall not be treated as an organization
described in this section--
(A) unless it has given notice to the
Secretary electronically that it is to be so
treated, or
(B) if the notice is given after the time
required under paragraph (2), the organization
shall not be so treated for any period before
such notice is given or, in the case of any
material change in the information required
under paragraph (3), for the period beginning on
the date on which the material change occurs and
ending on the date on which such notice is
given,
(2) Time to give notice.--The notice required under
paragraph (1) shall be transmitted not later than 24 hours
after the date on which the organization is established or,
in the case of any material change in the information
required under paragraph (3), not later than 30 days after
such material change.
(3) Contents of notice.--The notice required under
paragraph (1) shall include information regarding--
(A) the name and address of the organization
(including any business address, if different)
and its electronic mailing address,
(B) the purpose of the organization,
(C) the names and addresses of its officers,
highly compensated employees, contact person,
custodian of records, and members of its Board
of Directors,
[[Page 1000]]
(D) the name and address of, and
relationship to, any related entities (within
the meaning of section 168(h)(4)),
(E) whether the organization intends to
claim an exemption from the requirements of
subsection (j) or section 6033, and
(F) such other information as the Secretary
may require to carry out the Internal Revenue
laws.
(4) Effect of failure.--In the case of an organization
failing to meet the requirements of paragraph (1) for any
period, the taxable income of such organization shall be
computed by taking into account any exempt function income
(and any deductions directly connected with the production
of such income) or in the case of a failure relating to a
material change, by taking into account such income and
deductions only during the period beginning on the date on
which the material change occurs and ending on the date on
which notice is given under this subsection. For purposes of
the preceding sentence, the term ``exempt function income''
means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for any exempt
function.
(5) Exceptions.--This subsection shall not apply to any
organization--
(A) to which this section applies solely be
reason of subsection (f)(1),
(B) which reasonably anticipates that it
will not have gross receipts of $25,000 or more
for any taxable year, or,
(C) which is a political committee of a
State or local candidate or which is a State or
local committee of a political party.
(6) Coordination with other requirements.--This
subsection shall not apply to any person required (without
regard to this subsection) to report under the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a
political committee.
(j) Required disclosure of expenditures and contributions
(1) Penalty for failure.--In the case of--
(A) a failure to make the required
disclosures under paragraph (2) at the time and
in the manner prescribed therefor, or
(B) a failure to include any of the
information required to be shown by such
disclosures or to show the correct information,
there shall be paid by the organization an amount equal to
the rate of tax specified in subsection (b)(1) multiplied by
the amount to which the failure relates. For purpose of
subtitle F, the amount imposed by this paragraph shall be
assessed and collected in the same manner as penalties
imposed by section 6652(c).
(2) Required disclosure.--A political organization which
accepts a contribution, or makes an expenditure, for an
exempt function during any calendar year shall file with the
Secretary either--
(A)(i) in the case of a calendar year in
which a regularly scheduled election is held--
(I) quarterly reports, beginning with
the first quarter of the calendar year in
which a contribution is accepted or
expenditure is made, which shall be filed
not later than the fifteenth day after the
last day of each calendar quarter, except
that the report for the quarter ending on
December 31 of such calendar year shall be
filed not later than January 31 of the
following calendar year,
[[Page 1001]]
(II) a pre-election report, which shall
be filed not later than the twelfth day
before (or posted by registered or certified
mail not later than the fifteenth day
before) any election with respect to which
the organization makes a contribution or
expenditure, and which shall be complete as
of the twentieth day before the election,
and
(III) a post-general election report,
which shall be filed not later than the
thirtieth day after the general election and
which shall be complete as of the twentieth
day after such general election, and
(ii) in the case of any other calendar year,
a report covering the period beginning January 1
and ending June 30, which shall be filed no
later than July 31 and a report covering the
period beginning July 1 and ending December 31,
which shall be filed no later than January 31 of
the following calendar year, or
(B) monthly reports for the calendar year,
beginning with the first month of the calendar
year in which a contribution is accepted or
expenditure is made, which shall be filed not
later than the twentieth day after the last day
of the month and shall be complete as of the
last day of the month, except that, in lieu of
filing the reports otherwise due in November and
December of any year in which a regularly
scheduled general election is held, a pre-
general election report shall be filed in
accordance with subparagraph (A)(i)(II), a post-
general election report shall be filed in
accordance with subparagraph (A)(i)(III), and a
year end report shall be filed not later than
January 31 of the following calendar year.
(3) Contents of report.--A report required under
paragraph (2) shall contain the following information:
(A) The amount, date, and purpose of each
expenditure made to a person if the aggregate
amount of expenditures to such person during the
calendar year equals or exceeds $500 and the
name and address of the person (in the case of
an individual, including the occupation and name
of employer of such individual).
(B) The name and address (in the case of an
individual, including the occupation and name of
employer of such individual) of all contributors
which contributed an aggregate amount of $200 or
more to the organization during the calendar
year and the amount and date of the
contribution.
Any expenditure or contribution disclosed in a previous
reporting period is not required to be included in the
current reporting period.
(4) Contracts to spend or contribute.--For purposes of
this subsection, a person shall be treated as having made an
expenditure or contribution if the person has contracted or
is otherwise obligated to make the expenditure or
contribution.
(5) Coordination with other requirements.--This
subsection shall not apply.--
(A) to any person required (without regard
to this subsection) to report under the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.) as a political committee,
(B) to any State or local committee of a
political party or political committee of a
State or local candidate,
(C) to any organization which is a qualified
State or local political organization,
[[Page 1002]]
(D) to any organization which reasonably
anticipates that it will not have gross receipts
of $25,000 or more for any taxable year,
(E) to any organization to which this
section applies solely by reason of subsection
(f)(1), or
(F) with respect to any expenditure which is
an independent expenditure (as defined in
section 301 of such Act).
(6) Election.--For purposes of this subsection, the term
``election'' means--
(A) a general, special, primary, or runoff
election for a Federal office,
(B) a convention or caucus of a political
party which has authority to nominate a
candidate for Federal office,
(C) a primary election held for the
selection of delegates to a national nominating
convention of a political party, or
(D) a primary election held for the
expression of a preference for the nomination of
individuals for election to the office of
President.
(7) Electronic filing.--Any report required under
paragraph (2) with respect to any calendar year shall be
filed in electronic form if the organization has, or has
reason to expect to have, contributions exceeding $50,000 or
expenditures exceeding $50,000 in such calendar year.
(k) Public availability of notices and reports
(1) In general.--The Secretary shall make any notice
described in subsection (i)(1) or report described in
subsection (j)(7) available for public inspection on the
Internet not later than 48 hours after such notice or report
has been filed (in addition to such public availability as
may be made under section 6104(d)(7)).
(2) Access.--The Secretary shall make the entire
database of notices and reports which are made available to
the public under paragraph (1) searchable by the following
items (to the extent the items are required to be included
in the notices and reports):
(A) Names, States, zip codes, custodians of
records, directors, and general purposes of the
organizations.
(B) Entities related to the organizations.
(C) Contributors to the organizations.
(D) Employers of such contributors.
(E) Recipients of expenditures by the
organizations.
(F) Ranges of contributions and
expenditures.
(G) Time periods of the notices and reports.
Such database shall be downloadable.
(l) Authority to waive
The Secretary may waive all or any portion of the--
(1) tax assessed on an organization by
reason of the failure of the organization to
comply with the requirements of subsection (i),
or
(2) amount imposed under subsection (j) for
a failure to comply with the requirements
thereof,
on a showing that such failure was due to reasonable cause
and not due to willful neglect. (Jan. 3, 1975, Pub.L. 93-
625, Sec. 10(a), 88 Stat. 2116; Oct. 4, 1976, Pub.L. 94-455,
Sec. 1901(b)(33)(c), 90 Stat. 1801; Oct. 21, 1978, Pub.L.
95-502, Sec. 302(a), 92 Stat. 1702; Nov. 6, 1978, Pub.L. 95-
600, Sec. 301(b)(6), 92 Stat. 2821; Aug. 13, 1981, Pub.L.
97-34, Sec. 128,
[[Page 1003]]
95 Stat. 203; July 18, 1984, Pub.L. 98-369,
Sec. Sec. 474(r)(16), 722(c), 98 Stat. 843, 973; Oct. 22,
1986, Pub.L. 99-514, Sec. 112(b)(1), 100 Stat. 2085; Nov.
10, 1988, Pub.L. 100-647, Sec. 1001(b)(3)(B), 102 Stat.
3349; July 1, 2000, Pub.L. 106-230, Sec. Sec. 1(a), 2(a),
114 Stat. 477, 479; Nov. 2, 2002, Pub.L. 107-276,
Sec. Sec. 1(a), 2, 5(a), 6, 116 Stat. 1929, 1932-1934.)
* * * * * * *
Subchapter N.--Tax Based on Income From Sources Within or
Without the United States
* * * * * * *
Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
* * * * * * *
Subpart D.--Miscellaneous Provisions
* * * * * * *
1378 Sec. 896. Adjustment of tax on nationals, residents, and
corporations of certain foreign countries.
* * * * * * *
(d) Notification of Congress required
No proclamation shall be issued by the President
pursuant to this section unless, at lest 30 days prior to
such proclamation, he has notified the Senate and the House
of Representatives of his intention to issue such
proclamation. (Nov. 13, 1966, Pub.L. 89-809, Sec. 105(b), 80
Stat. 1563.)
Subchapter P.--Capital Gains and Losses
* * * * * * *
Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND
LOSSES
1379 Sec. 1221. Capital asset defined.
(a) In general.--For purposes of this subtitle, the term
``capital asset'' means property held by the taxpayer
(whether or not connected with his trade or business), but
does not include--
* * * * * * *
(5) a publication of the United States Government
(including the Congressional Record) which is received from
the United States Government or any agency thereof, other
than by purchase at the price at which it is offered for
sale to the public, and which is held by--
(A) a taxpayer who so received such
publication, or
(B) a taxpayer in whose hands the basis of
such publication is determined, for purposes of
determining gain from a sale or exchange, in
whole or in part by reference to the basis of
such publication in the hands of a taxpayer
described in subparagraph (A). (Aug. 16, 1954,
ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub.L. 94-
455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13,
1981, Pub.L. 97-34, Sec. 505
[[Page 1004]]
(a), 95 Stat. 331; Dec. 17, 1999, Pub.L. 106-
170, Sec. 532(a), 113 Stat. 1928.
* * * * * * *
SUBTITLE F.--PROCEDURE AND ADMINISTRATION
Chapter 61.--INFORMATION AND RETURNS
Subchapter A.--Returns and Records
* * * * * * *
Part III.--INFORMATION RETURNS
Subpart A.--Information Concerning Persons Subject to
Special Provisions
* * * * * * *
1380 Sec. 6033. Returns by exempt organizations.
* * * * * * *
(g) Returns required by political organizations
(1) In general.--This section shall apply to a political
organization (as defined by section 527(e)(1)) which has
gross receipts of $25,000 or more for the taxable year. In
the case of a political organization which is a qualified
State or local political organization (as defined in section
527(e)(5)), the preceding sentence shall be applied by
substituting ``$100,000'' for ``$25,000''.
(2) Annual returns.--Political organizations described
in paragraph (1) shall file an annual return--
(A) containing the information required, and
complying with the other requirements, under
subsection (a)(1) for organizations exempt from
taxation under section 501(a), with such
modifications as the Secretary considers
appropriate to require only information which is
necessary for the purposes of carrying out
section 527, and
(B) containing such other information as the
Secretary deems necessary to carry out the
provisions of this subsection.
(3) Mandatory exceptions from filing.--Paragraph (2)
shall not apply to an organization--
(A) which is a State or local committee of a
political party, or political committee of a
State or local candidate,
(B) which is a caucus or association of
State or local officials,
(C) which is an authorized committee (as
defined in section 301(6) of the Federal
Election Campaign Act of 1971) of a candidate
for Federal office,
(D) which is a national committee (as
defined in section 301(14) of the Federal
Election Campaign Act of 1971) of a political
party,
(E) which is a United States House of
Representatives or United States Senate campaign
committee of a political party committee,
(F) which is required to report under the
Federal Election campaign Act of 1971 as a
political committee (as defined in section
301(4) of such Act), or
(G) to which section 527 applies for the
taxable year solely by reason of subsection
(f)(1) of such section.
[[Page 1005]]
(4) Discretionary exception.--The Secretary may relieve
any organization required under paragraph (2) to file an
information return from filing such a return if the
Secretary determines that such filing is not necessary to
the efficient administration of the Internal Revenue laws.
(Nov. 2, 2002, Pub.L. 107-276, Sec. 3(c), 116 Stat. 1931.)
* * * * * * *
Subchapter B.--Miscellaneous Provisions
* * * * * * *
1381 Sec. 6103. Confidentiality and disclosure of returns and
return information.
* * * * * * *
(f) Disclosure to committees of Congress
(1) Committee on Ways and Means, Committee on Finance,
and Joint Committee on Taxation.--Upon written request from
the chairman of the Committee on Ways and Means of the House
of Representatives, the chairman of the Committee on Finance
of the Senate, or the chairman of the Joint Committee on
Taxation, the Secretary shall furnish such committee with
any return or return information specified in such request,
except that any return or return information which can be
associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session
unless such taxpayer otherwise consents in writing to such
disclosure.
(2) Chief of Staff of Joint Committee on Taxation.--Upon
written request by the Chief of Staff of the Joint Committee
on Taxation, the Secretary shall furnish him with any return
or return information specified in such request. Such Chief
of Staff may submit such return or return information to any
committee described in paragraph (1), except that any return
or return information which can be associated with, or
otherwise identify, directly or indirectly, a particular
taxpayer shall be furnished to such committee only when
sitting in closed executive session unless such taxpayer
otherwise consents in writing to such disclosure.
(3) Other committees.--Pursuant to an action by, and
upon written request by the chairman of, a committee of the
Senate or the House of Representatives (other than a
committee specified in paragraph (1)) specially authorized
to inspect any return or return information by a resolution
of the Senate or the House of Representatives or, in the
case of a joint committee (other than the joint committee
specified in paragraph (1)) by concurrent resolution, the
Secretary shall furnish such committee, or a duly authorized
and designated subcommittee thereof, sitting in closed
executive session, with any return or return information
which such resolution authorizes the committee or
subcommittee to inspect. Any resolution described in this
paragraph shall specify the purpose for which the return or
return information is to be furnished and that such
information cannot reasonably be obtained from any other
source.
(4) Agents of committees and submission of information
to Senate or House of Representatives--
[[Page 1006]]
(A) Committees described in paragraph (1).--
Any committee described in paragraph (1) or the
Chief of Staff of the Joint Committee on
Taxation shall have the authority, acting
directly, or by or through such examiners or
agents as the chairman of such committee or such
chief of staff may designate or appoint, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman or chief of staff. Any return or
return information obtained by or on behalf of
such committee pursuant to the provisions of
this subsection may be submitted by the
committee to the Senate or the House of
Representatives, or to both. The Joint Committee
on Taxation may also submit such return or
return information to any other committee
described in paragraph (1), except that any
return or return information which can be
associated with, or otherwise identify, directly
or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in
closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(B) Other committees.--Any committee or
subcommittee described in paragraph (3) shall
have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal
numbers by the chairman and ranking minority
member of such committee or subcommittee, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman and ranking minority member. Any
return or return information obtained by or on
behalf of such committee or subcommittee
pursuant to the provisions of this subsection
may be submitted by the committee to the Senate
or the House of Representatives, or to both,
except that any return or return information
which can be associated with, or otherwise
identify, directly or indirectly, a particular
taxpayer, shall be furnished to the Senate or
the House of Representatives only when sitting
in closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(5) Disclosure by whistleblower.--Any person who
otherwise has or had access to any return or return
information under this section may disclose such return or
return information to a committee referred to in paragraph
(1) or any individual authorized to receive or inspect
information under paragraph (4)(A) if such person believes
such return or return information may relate to possible
misconduct, maladministration, or taxpayer abuse.
(g) Disclosure to President and certain other persons
* * * * * * *
(5) Reporting requirements
Within 30 days after the close of each calendar quarter,
the President and the head of any agency requesting returns
and return information under this subsection shall each file
a report with the Joint Committee on Taxation setting forth
the taxpayers with respect to whom such requests were made
during such quarter under this subsection, the returns or
return information involved, and the reasons for such
requests. The President shall not be required to report on
any request for returns and return information pertaining to
an individual who was an officer or employee of the
executive branch of the Federal Government at the
[[Page 1007]]
time such request was made. Reports filed pursuant to this
paragraph shall not be disclosed unless the Joint Committee
on Taxation determines that disclosure thereof (including
identifying details) would be in the national interest. Such
reports shall be maintained by the Joint Committee on
Taxation for a period not exceeding 2 years unless, within
such period, the Joint Committee on Taxation determines that
a disclosure to the Congress is necessary. (Pub.L. 105-65,
Title V, (Sec. 542(b), 111 Stat. 1412; July 22, 1998, Pub.L.
105-206, Title I, Sec. 1101(b), Title III,
Sec. Sec. 3702(a), (b), 3708(a), 3711(b), Title VI,
Sec. Sec. 6007(f)(4), 6009(d), 6012(b)(2), (4), 6019(c),
6023(22), 112 Stat. 696, 776, 777, 778, 781, 810, 812, 819,
823, 826; Oct. 21, 1998, Pub.L. 105-277, Div. J, Title I,
Sec. 1006, Title IV, Sec. Sec. 4002(a), (h), 4006(a), 112
Stat. 2681-900, 2681-906, 2681-907, 2681-912; Dec. 17, 1999,
Pub.L. 106-170, Title V, Sec. 521(a)(1), 113 Stat. 1925.)
* * * * * * *
1382 Sec. 6104. Publicity of information required from certain
exempt organizations and certain trusts.
(a) Inspection of applications for tax exemption or notice
of status
(1) Public inspection--
(A) Organizations described in section 501
or 527.--If an organization described in section
501(c) or (d) is exempt from taxation under
section 501(a) for any taxable year or a
political organization is exempt from taxation
under section 527 for any taxable year, the
application filed by the organization with
respect to which the Secretary made his
determination that such organization was
entitled to exemption under section 501(a) or
notice of status filed by the organization under
section 527(i), together with any papers
submitted in support of such application or
notice, and any letter or other document issued
by the Internal Revenue Service with respect to
such application or notice shall be open to
public inspection at the national office of the
Internal Revenue Service. In the case of any
application or notice filed after the date of
the enactment of this subparagraph, a copy of
such application or notice and such letter or
document shall be open to public inspection at
the appropriate field office of the Internal
Revenue Service (determined under regulations
prescribed by the Secretary). Any inspection
under this subparagraph may be made at such
times, and in such manner, as the Secretary
shall by regulations prescribe. After the
application of any organization for exemption
from taxation under section 501(a) has been
opened to public inspection under this
subparagraph, the Secretary shall, on the
request of any person with respect to such
organization, furnish a statement indicating the
subsection and paragraph of section 501 which it
has been determined describes such organization.
(B) Pension, etc., plans.--The following
shall be open to public inspection at such times
and in such places as the Secretary may
prescribe:
(i) any application filed with respect
to the qualification of a pension, profit-
sharing, or stock bonus plan under section
401(a) or 403(a), an individual retirement
account described in
[[Page 1008]]
section 408(a), or an individual retirement
annuity described in section 408(b),
(ii) any application filed with respect
to the exemption from tax under section
501(a) of an organization forming part of a
plan or account referred to in clause (i),
(iii) any papers submitted in support of
an application referred to in clause (i) or
(ii), and
(iv) any letter or other document issued
by the Internal Revenue Service and dealing
with the qualification referred to in clause
(i) or the exemption from tax referred to in
clause (ii).
Except in the case of a plan participant, this
subparagraph shall not apply to any plan referred to
in clause (i) having not more than 25 participants.
(C) Certain names and compensation not to be
open to public inspection.--In the case of any
application, document, or other papers, referred
to in subparagraph (B), information from which
the compensation (including deferred
compensation) of any individual may be
ascertained shall not be opened to public
inspection under subparagraph (B).
(D) Withholding of certain other
information.--Upon request of the organization
submitting any supporting papers described in
subparagraph (A) or (B), the Secretary shall
withhold from public inspection any information
contained therein which he determines relates to
any trade secret, patent, process, style of
work, or apparatus, of the organization, if he
determines that public disclosure of such
information would adversely affect the
organization. The Secretary shall withhold from
public inspection any information contained in
supporting papers described in subparagraph (A)
or (B) the public disclosure of which he
determines would adversely affect the national
defense.
(2) Inspection by committee of Congress.--Section
6103(f) shall apply with respect to--
(A) the application for exemption of any
organization described in section 501(c) or (d)
which is exempt from taxation under section
501(a) for any taxable year or notice of status
of any political organization which is exempt
from taxation under section 527 for any taxable
year, and any application referred to in
subparagraph (B) of subsection (a)(1) of this
section, and
(B) any other papers which are in the
possession of the Secretary and which relate to
such application,
as if such papers constituted returns.
(3) Information available on internet and in person--
(A) In general.--The Secretary shall make
publicly available, on the Internet and at the
offices of the Internal Revenue Service--
(i) a list of all political
organizations which file a notice with the
Secretary under section 527(i), and
(ii) the name, address, electronic
mailing address, custodian of records, and
contact person for such organization.
(B) Time to make information available.--The
Secretary shall make available the information
required under subparagraph (A) not later than 5
business days after the Secretary receives a
notice from a political organization under
section 527(i).
[[Page 1009]]
(Sept. 2, 1958, Pub.L. 85-866, Sec. 75(a) 72 Stat. 1660;
Sept. 2, 1974, Pub.L. 93-406, Sec. 1022(g)(1), (2), 88 Stat.
940; Oct. 4, 1976, Pub.L. 94-455, Sec. Sec. 1201(d),
1906(b)(13)(A), 90 Stat. 1667, 1834; Nov. 6, 1978, Pub.L.
95-600, Sec. 703(m), 92 Stat. 2943; July 18, 1984, Pub.L.
98-369 Sec. 491(d)(49), 98 Stat. 852; July 1, 2000, Pub.L.
106-230, Sec. 1(b), 114 Stat. 478.)
* * * * * * *
Chapter 78.--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE
Subchapter A.--Examination and Inspection
* * * * * * *
1383 Sec. 7608. Authority of internal revenue enforcement
officers.
* * * * * * *
(c) Rules relating to undercover operations
* * * * * * *
(4) Audits--
(A) The Service shall conduct a detailed
financial audit of each undercover investigative
operation which is closed in each fiscal year;
and
(i) submit the results of the audit in
writing to the Secretary; and
(ii) not later than 180 days after such
undercover operation is closed, submit a
report to the Congress concerning such
audit.
(B) The Service shall also submit a report
annually to the Congress specifying as to its
undercover investigative operations--
(i) the number, by programs, of
undercover investigative operations pending
as of the end of the 1-year period for which
such report is submitted;
(ii) the number, by programs, of
undercover investigative operations
commenced in the 1-year period for which
such report is submitted;
(iii) the number, by programs, of
undercover investigative operations closed
in the 1-year period for which such report
is submitted; and
(iv) the following information with
respect to each undercover investigative
operation pending as of the end of the 1-
year period for which such report is
submitted or closed during such 1-year
period--
(I) the date the operation began
and the date of the certification
referred to in the last sentence of
paragraph (1),
(II) the total expenditures
under the operation and the amount
and use of the proceeds from the
operation,
(III) a detailed description of
the operation including the
potential violation being
investigated and whether the
operation is being conducted under
grand jury auspices, and
(IV) the results of the
operation including the results of
criminal proceedings.
[[Page 1010]]
(Nov. 18, 1988, Pub.L. 100-690, Sec. 7601(c)(2), 102 Stat.
4504; July 30, 1996, Pub.L. 104-168, Sec. 1205(c)(1), 110
Stat. 1471.)
* * * * * * *
Chapter 79.--DEFINITIONS
1384 Sec. 7701. Definitions.
* * * * * * *
(j) Tax treatment of Federal Thrift Savings Fund
(1) In general.--For purposes of this title--
(A) the Thrift Savings Fund shall be treated
as a trust described in section 401(a) which is
exempt from taxation under section 501(a);
(B) any contribution to, or distribution
from, the Thrift Savings Fund shall be treated
in the same manner as contributions to or
distributions from such a trust; and
(C) subject to section 401(k)(4)(B) and any
dollar limitation on the application of section
402(e)(3), contributions to the Thrift Savings
Fund shall not be treated as distributed or made
available to an employee or Member nor as a
contribution made to the Fund by an employee or
Member merely because the employee or Member
has, under the provisions of subchapter III of
chapter 84 of title 5, United States Code, and
section 8351 of such title 5, an election
whether the contribution will be made to the
Thrift Savings Fund or received by the employee
or Member in cash.
(2) Nondiscrimination requirements.--Notwithstanding any
other provision of the law, the Thrift Savings Fund is not
subject to the nondiscrimination requirements applicable to
arrangements described in section 401(k) or to matching
contributions (as described in section 401(m)), so long as
it meets the requirements of this section.
(3) Coordination with Social Security Act.--Paragraph
(1) shall not be construed to provide that any amount of the
employee's or Member's basic pay which is contributed to the
Thrift Savings Fund shall not be included in the term
``wages'' for the purposes of section 209 of the Social
Security Act or section 3121(a) of this title.
(4) Definitions.--For purposes of this subsection, the
terms ``Member'', ``employee'', and ``Thrift Savings Fund''
shall have the same respective meanings as when used in
subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law.--No
provision of law not contained in this title shall apply for
purposes of determining the treatment under this title of
the Thrift Savings Fund or any contribution to, or
distribution from, such Fund. (Oct. 22, 1986, Pub.L. 99-514,
Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub.L. 100-202,
Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988, Pub.L. 100-
647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5, 1990, Pub.L.
101-508, Sec. 11704(a)(34), 104 Stat. 1388-519; July 3,
1992, Pub.L. 102-318, Sec. 521(b)(43), 106 Stat. 313.)
(k) Treatment of certain amounts paid to charity
In the case of any payment which, except for section
501(b) of the Ethics in Government Act of 1978, might be
made to any officer or employee of the Federal Government
but which is made instead on behalf of such officer or
employee to an organization described in section 170(c)--
[[Page 1011]]
(1) such payment shall not be treated as
received by such officer or employee for all
purposes of this title and for all purposes of
any tax law of a State or political subdivision
thereof, and
(2) no deduction shall be allowed under any
provision of this title (or of any law of a
State or political subdivision thereof) to such
officer or employee by reason of having such
payment made to such organization.
For purposes of this subsection, a Senator, a Representative
in, or a Delegate or Resident Commissioner to, the Congress
shall be treated as an officer or employee of the Federal
Government. (Nov. 30, 1989, Pub.L. 101-194, Sec. 602, 103
Stat. 1762; Aug. 14, 1991, Pub.L. 102-90, Sec. 314(e), 103
Stat. 469-470.)
* * * * * * *
Chapter 80.--GENERAL RULES
Subchapter A.--Application of Internal Revenue Laws
* * * * * * *
1385 Sec. 7802. Internal Revenue Service Oversight Board.
* * * * * * *
(d) Specific responsibilities
* * * * * * *
(4) Budget.--To--
(A) review and approve the budget request of
the Internal Revenue Service prepared by the
Commissioner;
(B) submit such budget request to the
Secretary of the Treasury; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
* * * * * * *
The Secretary shall submit the budget request referred to in
paragraph (4)(B) for any fiscal year to the President who
shall submit such request, without revision, to Congress
together with the President's annual budget request for the
Internal Revenue Service for such fiscal year.
* * * * * * *
(f) Administrative matters
* * * * * * *
(3) Reports--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committees on Ways and Means,
Government Reform and Oversight, and
Appropriations of the House of Representatives
and the Committees on Finance, Governmental
Affairs, and Appropriations of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection
(c)(1)(B) that the organization and operation of
the Internal Revenue Service are not allowing it
to carry out its mission, the Oversight Board
shall report such determination to the Committee
on Ways and Means of the House of Representa
[[Page 1012]]
tives and the Committee on Finance of the
Senate. (July 22, 1998, Pub.L. 105-206,
Sec. 1101(a), 112 Stat. 691.)
* * * * * * *
1386 Sec. 7803. Commissioner of Internal Revenue; other
officials.
* * * * * * *
(c) Office of the Taxpayer Advocate
* * * * * * *
(2) Functions of office.
* * * * * * *
(B) Annual reports--
(i) Objectives.--Not later than June 30 of
each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
objectives of the Office of the Taxpayer
Advocate for the fiscal year beginning in such
calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information.
(ii) Activities.--Not later than December 31
of each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
activities of the Office of the Taxpayer
Advocate during the fiscal year ending during
such calendar year. (July 22, 1998, Pub.L. 105-
206, Sec. 1102(a), 112 Stat. 697.)
* * * * * * *
1387 Sec. 7805. Rules and regulations.
* * * * * * *
(b) Retroactivity of regulations
* * * * * * *
(6) Congressional authorization.--The limitation of
paragraph (1) may be superseded by a legislative grant from
Congress authorizing the Secretary to prescribe the
effective date with respect to any regulation. (July 30,
1996, Pub.L. 104-168, Sec. 1101(a), 110 Stat. 1468.)
* * * * * * *
SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION
Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT
COMMITTEE
1388 Sec. 8001. Authorization.
There shall be a joint congressional committee known as
the Joint Committee on Taxation (hereinafter in this
subtitle referred to as the ``Joint Committee''). (Aug. 16,
1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub.L. 94-455,
Sec. 1907(a)(1), 90 Stat. 1835.)
1389 Sec. 8002. Membership.
(a) Number and selection
The Joint Committee shall be composed of 10 members as
follows:
[[Page 1013]]
(1) From Committee on Finance.--Five members
who are members of the Committee on Finance of
the Senate, three from the majority and two from
the minority party, to be chosen by such
Committee; and
(2) From Committee on Ways and Means.--Five
members who are members of the Committee on Ways
and Means of the House of Representatives, three
from the majority and two from the minority
party, to be chosen by such Committee.
(b) Tenure of office
(1) General limitation.--No person shall continue to
serve as a member of the Joint Committee after he has ceased
to be a member of the committee by which he was chosen,
except that--
(2) Exception.--The members chosen by the Committee on
Ways and Means who have been reelected to the House of
Representatives may continue to serve as members of the
Joint Committee notwithstanding the expiration of the
Congress.
(c) Vacancies
A vacancy in the Joint Committee--
(1) Effect.--Shall not affect the power of
the remaining members to execute the functions
of the Joint Committee; and
(2) Manner of filling.--Shall be filled in
the same manner as the original selection,
except that--
(A) Adjournment or recess of Congress.--
In case of a vacancy during an adjournment
or recess of Congress for a period of more
than 2 weeks, the members of the Joint
Committee who are members of the Committee
entitled to fill such vacancy may designate
a member of such Committee to serve until
his successor is chosen by such Committee;
and
(B) Expiration of Congress.--In the case
of a vacancy after the expiration of a
Congress which would be filled by the
Committee on Ways and Means, the members of
such Committee who are continuing to serve
as members of the Joint Committee may
designate a person who, immediately prior to
such expiration, was a member of such
Committee and who is reelected to the House
of Representatives, to serve until his
successor is chosen by such Committee.
(d) Allowances
The members shall serve without compensation in addition
to that received for their services as members of Congress;
but they shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance
of the duties vested in the Joint Committee, other than
expenses in connection with meetings of the Joint Committee
held in the District of Columbia during such times as the
Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat.
925.)
1390 Sec. 8003. Election of chairman and vice chairman.
The Joint Committee shall elect a chairman and vice
chairman from among its members. (Aug. 16, 1954, ch. 736,
68A Stat. 926.)
1391 Sec. 8004. Appointment and compensation of staff.
Except as otherwise provided by law, the Joint Committee
shall have power to appoint and fix the compensation of the
Chief of Staff of
[[Page 1014]]
the Joint Committee and such experts and clerical,
stenographic, and other assistants as it deems advisable.
(Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4, 1976, Pub.L.
94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
1392 Sec. 8005. Payment of expenses.
The expenses of the Joint Committee shall be paid one-
half from the contingent fund of the Senate and one-half
from the contingent fund of the House of Representatives,
upon vouchers signed by the chairman or the vice chairman.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE
1393 Sec. 8021. Powers.
(a) To obtain data and inspect income returns
For powers of the Joint Committee to obtain and inspect
income returns, see section 6103(f).
(b) Relating to hearings and sessions
The Joint Committee, or any subcommittee thereof, is
authorized--
(1) To hold.--To hold hearings and to sit
and act at such places and times;
(2) To require attendance of witnesses and
production of books.--To require by subpoena (to
be issued under the signature of the chairman or
vice chairman) or otherwise the attendance of
such witnesses and the production of such books,
papers, and documents;
(3) To administer oaths.--To administer such
oaths; and
(4) To take testimony.--To take such
testimony;
as it deems advisable.
(c) To procure printing and binding
The Joint Committee, or any subcommittee thereof, is
authorized to have such printing and binding done as it
deems advisable.
(d) To make expenditures
The Joint Committee, or any subcommittee thereof, is
authorized to make such expenditures as it deems advisable.
(e) Investigations
The Joint Committee shall review all requests (other
than requests by the chairman or ranking member of a
committee or subcommittee) for investigations of the
Internal Revenue Service by the Government Accountability
Office, and approve such requests when appropriate, with a
view towards eliminating overlapping investigations,
ensuring that the Government Accountability Office has the
capacity to handle the investigation, and ensuring that
investigations focus on areas of primary importance to tax
administration.
(f) Relating to joint reviews
(1) In general.--The Chief of Staff, and the
staff of the Joint Committee, shall provide such
assistance as is required for joint reviews
described in paragraph (2).
(2) Joint reviews.--Before June 1 of each
calendar year after 1998 and before 2005, there
shall be a joint review of the strategic plans
[[Page 1015]]
and budget for the Internal Revenue Service and
such other matters as the Chairman of the Joint
Committee deems appropriate. Such joint review
shall be held at the call of the Chairman of the
Joint Committee and shall include two members of
the majority and one member of the minority from
each of the Committees on Finance,
Appropriations, and Governmental Affairs of the
Senate, and the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives. (Aug.
16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976,
Pub.L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835;
Nov. 10, 1988, Pub.L. 100-647, Sec. 1018(s)(1),
102 Stat. 3586; July 22, 1998, Pub.L. 105-206,
Sec. 4001(a), 112 Stat. 783; Oct. 4, 2004,
Pub.L. 108-311, Title III, Sec. 321(a), 118
Stat. 1182; Dec. 21, 2005, Pub.L. 109-135, Title
IV, Sec. 412(rr)(5), 119 Stat. 2640.)
1394 Sec. 8022. Duties.
It shall be the duty of the Joint Committee--
(1) Investigation--
(A) Operation and effects of law.--To
investigate the operation and effects of the
Federal system of internal revenue taxes;
(B) Administration.--To investigate the
administration of such taxes by the Internal
Revenue Service or any executive department,
establishment, or agency charged with their
administration; and
(C) Other investigations.--To make such
other investigations in respect of such
system of taxes as the Joint Committee may
deem necessary.
(2) Simplification of law--
(A) Investigation of methods.--To
investigate measures and methods for the
simplification of such taxes, particularly
the income tax; and
(B) Publication of proposals.--To
publish, from time to time, for public
examination and analysis, proposed measures
and methods for the simplification of such
taxes.
(3) Reports--
(A) To report, from time to time, to the
Committee on Finance and the Committee on
Ways and Means, and, in its discretion, to
the Senate or House of Representatives, or
both, the results of its investigations,
together with such recommendations as it may
deem advisable.
(B) Subject to amounts specifically
appropriated to carry out this subparagraph,
to report, at least once each Congress, to
the Committee on Finance and the Committee
on Ways and Means on the overall state of
the Federal tax system, together with
recommendations with respect to possible
simplification proposals and other matters
relating to the administration of the
Federal tax system as it may deem advisable.
(C) To report, for each calendar year
after 1998 and before 2005, to the
Committees on Finance, Appropriations, and
Governmental Affairs of the Senate, and to
the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives,
with respect to the matter addressed in the
joint review referred to in section
8021(f)(2).
[[Page 1016]]
(4) Cross reference--
For duties of the Joint Committee
relating to refunds of income and estate
taxes, see section 6405. (Aug. 16, 1954, ch.
736, 68A Stat. 927; July 22, 1998, Pub.L.
105-206, Sec. 4002(a), 112 Stat. 784; Oct.
4, 2004, Pub.L. 108-311, Title III,
Sec. 321(b), 118 Stat. 1182.)
1395 Sec. 8023. Additional powers to obtain data.
(a) Securing of data
The Joint Committee or the Chief of Staff of the Joint
Committee, upon approval of the Chairman or Vice Chairman,
is authorized to secure directly from the Internal Revenue
Service or the office of the Chief Counsel for the Internal
Revenue Service, or directly from any executive department,
board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions,
rulings, data, estimates, and statistics, for the purpose of
making investigations, reports, and studies relating to
internal revenue taxation. In the investigation by the Joint
Committee on Taxation of the administration of the internal
revenue taxes by the Internal Revenue Service, the Chief of
Staff of the Joint Committee on Taxation is authorized to
secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant
information, as the Chief of Staff deems necessary for such
investigation, and the Internal Revenue Service is
authorized and directed to furnish such tax returns and
information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken
or proposed to be taken by the Service as a result of any
audit of the return.
(b) Furnishing of data
The Internal Revenue Service, the office of the Chief
Counsel for the Internal Revenue Service, executive
departments, boards, bureaus, agencies, independent
establishments, and instrumentalities are authorized and
directed to furnish such information, suggestions, rulings,
data, estimates, and statistics directly to the Joint
Committee or to the Chief of Staff of the Joint Committee,
upon request made pursuant to this section.
(c) Application of subsections (a) and (b)
Subsections (a) and (b) shall be applied in accordance
with their provisions without regard to any reorganization
plan becoming effective on, before, or after the date of the
enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
Stat. 928; Sept. 22, 1959, Pub.L. 86-368, Sec. 2(b), 73
Stat. 648; Oct. 4, 1976, Pub.L. 94-455, Sec. Sec. 1210(c),
1907(a)(4), 90 Stat. 1711, 1835.)
[[Page 1017]]
SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND
* * * * * * *
1396 Sec. 9009. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
presidential election, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under
section 9005 for payment to the eligible
candidates for each political party;
(3) the amount of payments, if any, required
from such candidates under section 9007, and the
reasons for each payment required;
(4) the expenses incurred by the national
committee of a major party or minor party with
respect to a presidential nominating convention;
(5) the amounts certified by it under
section 9008(g) for payment to each such
committee; and
(6) the amount of payments, if any, required
from such committees under section 9008(h), and
the reasons for each such payment.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe such rules and
regulations in accordance with the provisions of subsection
(c), to conduct such examinations and audits (in addition to
the examinations and audits required by section 9007(a)), to
conduct such investigations, and to require the keeping and
submission of such books, records, and information, as it
deems necessary to carry out the functions and duties
imposed on it by this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. An amendment to the motion
[[Page 1018]]
is not in order, and it is not in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to. The Commission may not prescribe any rule or
regulation which is disapproved by either such House under
this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Dec. 10,
1971, Pub.L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974,
Pub.L. 93-443, Sec. Sec. 404(c)(12), (13), 406(b), 88 Stat.
1292, 1296; May 11, 1976, Pub.L. 94-283, Sec. 304(a), 90
Stat. 498.)
* * * * * * *
Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
* * * * * * *
1397 Sec. 9039. Reports to Congress; regulations.
(a) Reports
The Commission shall, as soon as practicable after each
matching payment period, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under
section 9036 for payment to each eligible
candidate, and
(3) the amount of payments, if any, required
from candidates under section 9038, and the
reasons for each payment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
(b) Regulations, etc.
The Commission is authorized to prescribe rules and
regulations in accordance with the provisions of subsection
(c), to conduct examinations and audits (in addition to the
examinations and audits required by section 9038(a)), to
conduct investigations, and to require the keeping and
submission of any books, records, and information, which it
determines to be necessary to carry out its responsibilities
under this chapter.
(c) Review of regulations
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relat
[[Page 1019]]
ing to any such rule or regulation, it is at any time
thereafter in order (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion is highly
privileged and is not debatable. An amendment to the motion
is not in order, and it is not in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to. The Commission may not prescribe any rule or
regulation which is disapproved by either such House under
this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Oct. 15,
1974, Pub.L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
1976, Pub.L. 94-283, Sec. 304(b), 90 Stat. 499.)
* * * * * * *
SUBTITLE I.--TRUST FUND CODE
Chapter 98.--TRUST FUND CODE
* * * * * * *
Subchapter B.--General Provisions
* * * * * * *
1398 Sec. 9602. Management of Trust Funds.
(a) Report
It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to
report to the Congress each year on the financial condition
and the results of the operations of each such Trust Fund
during the preceding fiscal year and on its expected
condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the
session of the Congress to which the report is made. (Dec.
29, 1981, Pub.L. 97-119, Sec. 103(a), 95 Stat. 1638.)
28 u.s.c.--judiciary and judicial procedure
general and permanent laws relating to the senate