Additional disclosure of tax returns by Presidents and certain Presidential candidates
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(a) In general (1) Disclosure requirement Chapter 131 of title 5, United States Code, is amended— (A) by inserting after section 13104 the following: 13104A. Disclosure of tax returns (a) Definitions In this section: (1) Applicable income tax return (A) In general The term applicable income tax return means, with respect to any taxable year, any return (within the meaning of section 6103(b) of the Internal Revenue Code of 1986) relating to Federal income taxes of— (i) a covered candidate or covered individual; (ii) an individual who is married (within the meaning of section 7703(a) of the Internal Revenue Code of 1986) to a covered candidate or covered individual for the taxable year; (iii) any corporation or partnership that was controlled (as determined under section 7613(c)(3) of the Internal Revenue Code of 1986) by an individual described in clause (i) or (ii) at any time during the taxable year; (iv) the estate of any person described in clause (i) or (ii) or any estate with respect to which any person described in clause (i), (ii), or (iii) is an executor or beneficiary at any time during the taxable year; and (v) any trust with respect to which any person described in clause (i), (ii), (iii), or (iv) is a grantor, fiduciary, or beneficiary, or for which another trust described in this clause is a grantor or beneficiary, at any time during the taxable year. (B) Inclusion of certain documents Such term shall include any schedule, attachment, or other document filed with such return. (2) Covered candidate The term covered candidate means an individual— (A) required to file a report under section 13103(c); and (B) who is nominated by a major party as a candidate for the office of President, regardless of whether the individual is nominated after May 15 of an applicable year. (3) Covered individual The term covered individual means— (A) a President required to file a report under subsection (a) or (d) of section 13103; and (B) an individual who occupies the office of the President required to file a report under section 13103(e). (4) Major party The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (b) Disclosure (1) Covered individuals (A) In general In addition to the information described in subsections (a) and (b) of section 13104, a covered individual shall include in each report required to be filed under this title a copy of all applicable income tax returns for the 3 most recent taxable years for which a return has 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 or provided 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 13104. (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) Covered 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 13103(c) with the Federal Election Commission to include a copy of the applicable income tax returns 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 applicable 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 applicable income tax return. (C) Publicly available Each applicable income tax return submitted or provided 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 13104(b). (D) Redaction of certain information Before making any applicable 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 with respect to returns disclosed under other authority For purposes of this subsection, in the case of any applicable income tax return that has been made publicly available pursuant to section 6103(q) of the Internal Revenue Code of 1986, the requirements of paragraphs (1)(A) and (2)(A) shall be satisfied with respect to such return if the covered individual or covered candidate (as the case may be) provides the location on the Internet where such disclosure has been made publicly available.; and (B) in section 13106— (i) 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 applicable income tax return that such individual is required to disclose pursuant to section 13104A of this title before the period; and (II) in paragraph (2)(A)— (aa) in clause (i), by inserting or falsify any applicable income tax return that such person is required to disclose under section 13104A of this title before the semicolon; and (bb) in clause (ii), by inserting or fail to file any applicable income tax return that such person is required to disclose under section 13104A of this title before the period; (ii) in subsection (b), in the first sentence, by inserting or willfully failed to file or has willfully falsified an applicable income tax return required to be disclosed under section 13104A before the period; (iii) in subsection (c), by inserting or failing to file or falsifying an applicable income tax return required to be disclosed under section 13104A before the period; and (iv) in subsection (d)(1)— (I) in the matter preceding subparagraph (A), by inserting or files an applicable income tax return required to be disclosed under section 13104A after subchapter; and (II) in subparagraph (A), by inserting or such applicable income tax return, as applicable, after report. (2) Special rule for individuals who are covered candidates on date of enactment In the case of any individual who is a covered candidate (as defined in section 13104A of title 5, United States Code, as added by paragraph (1)) on the date of the enactment of this Act, section 13104A(b)(2)(A) shall be applied by substituting 30 days after the date of the enactment of the Presidential Audit and Tax Transparency Act for 15 days after the date on which a covered candidate is nominated. (3) Clerical amendment The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: 13104A. Disclosure of tax returns.. (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: (23) Disclosure of return information of Presidents and certain Presidential candidates under chapter 131 of title 5, United States Code (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 13104A(b)(1)(B) of title 5, United States Code, provide to officers and employees of the Office of Government Ethics a copy of each applicable income tax return with respect to any covered individual who has been identified in such request. (ii) Disclosure to public The Director of the Office of Government Ethics may disclose to the public any applicable income tax return required to be submitted to the Director pursuant to section 13104A(b)(1) of title 5, United States Code. (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 13104A(b)(2)(B) of title 5, United States Code, provide to officers and employees of the Federal Election Commission a copy of each applicable income tax return with respect to any covered candidate who has been identified in such request. (ii) Disclosure to public The Federal Election Commission may disclose to the public any applicable income tax return required to be filed with the Commission pursuant to section 13104A(b)(2) of title 5, United States Code. (C) Definitions For purposes of this paragraph, the terms applicable income tax return, covered individual, and covered candidate have the meanings given those terms in section 13104A of title 5, United States Code.. (2) Conforming amendments Section 6103(p)(4) of the Internal Revenue Code of 1986, 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.