I 

114TH CONGRESS 

2D SESSION H. R. 5386 

To amend the Federal Election Campaign Act of 1971 to require candidates 

of major parties for the office of President to disclose recent tax return 

information. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2016 

Ms. ESHOO (for herself, Mr. GUTIE ́RREZ, Mr. COHEN, Mrs. NAPOLITANO, Mr. 

CA ́RDENAS, Mr. TED LIEU of California, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Mr. HASTINGS, Ms. TSONGAS, Mr. BLUMENAUER, Ms. 

SCHAKOWSKY, Mr. MURPHY of Florida, Ms. TITUS, Mr. MCGOVERN, Mr. 

COSTA, and Mr. POCAN) introduced the following bill; which was referred 

to the Committee on Ways and Means, and in addition to the Committee 

on House Administration, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

require candidates of major parties for the office of 

President to disclose recent tax return information. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Presidential Tax 

5 Transparency Act’’. 


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1 SEC. 2. DISCLOSURE OF RECENT TAX RETURNS OF CER2 TAIN PRESIDENTIAL CANDIDATES. 

3 (a) IN GENERAL.—Section 304 of the Federal Elec4 tion Campaign Act of 1971 (52 U.S.C. 30104) is amended 

5 by adding at the end the following new subsection: 

6 ‘‘(j) DISCLOSURE OF TAX RETURNS OF CERTAIN

7 PRESIDENTIAL CANDIDATES.— 

8 ‘‘(1) IN GENERAL.—Not later than 15 days 

9 after the nomination of any candidate of a major 

10 party for the office of President, such candidate 

11 shall file with the Commission a copy of the income 

12 tax returns of such candidate for the 3 most recent 

13 taxable years for which such a return has been filed 

14 with the Internal Revenue Service as of the date of 

15 the nomination. 

16 ‘‘(2) PROCEDURE IF NO INFORMATION

17 FILED.—In any case in which the candidate of a 

18 major party for the office of President has not filed 

19 with the Commission the income tax returns de20 scribed in paragraph (1) before the date which is 30 

21 days after the date such candidate is nominated, the 

22 Chairman of the Commission shall request the Sec23 retary of the Treasury to provide such returns. 

24 ‘‘(3) RETURNS MADE PUBLIC.—A tax return 

25 provided to the Commission by a candidate under 

26 paragraph (1) or by the Secretary of the Treasury 


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1 pursuant to paragraph (2) shall be treated in the 

2 same manner as a report filed by the candidate and, 

3 except as provided in paragraph (4), shall be made 

4 publicly available at the same time and in the same 

5 manner as other reports and statements under this 

6 section. 

7 ‘‘(4) REDACTION OF CERTAIN INFORMATION.— 

8 Before making any return described in paragraph 

9 (1) or (2) available to the public, the Commission 

10 shall redact such information as the Commission, in 

11 consultation with the Secretary of the Treasury (or 

12 the Secretary’s delegate), determines appropriate. 

13 ‘‘(5) DEFINITIONS.—For purposes of this sub14 section: 

15 ‘‘(A) MAJOR PARTY.—The term ‘major 

16 party’ has the meaning given such term by sec17 tion 9002(6) of the Internal Revenue Code of 

18 1986. 

19 ‘‘(B) INCOME TAX RETURN.—The term 

20 ‘income tax return’ means any return (as de21 fined in section 6103(b)(1) of the Internal Rev22 enue Code of 1986) relating to Federal income 

23 taxes.’’. 

24 (b) AUTHORITY TO DISCLOSE INFORMATION.— 


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1 (1) IN GENERAL.—Section 6103(l) of the Inter2 nal Revenue Code of 1986 is amended by adding at 

3 the end the following new paragraph: 

4 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

5 OF CERTAIN PRESIDENTIAL CANDIDATES BY FED6 ERAL ELECTION COMMISSION.— 

7 ‘‘(A) IN GENERAL.—The Federal Election 

8 Commission may disclose to the public the ap9 plicable returns of any person who has been 

10 nominated as a candidate of a major party (as 

11 defined in section 9002(6)) for the office of 

12 President. 

13 ‘‘(B) DISCLOSURE TO FEC IN CASES

14 WHERE CANDIDATE DOES NOT PROVIDE RE15 TURNS.—The Secretary shall, upon written re16 quest from the Chairman of the Federal Elec17 tion Commission pursuant to section 304(j)(2) 

18 of the Federal Election Campaign Act of 1971, 

19 provide to officers and employees of the Federal 

20 Election Commission copies of the applicable re21 turns of any person who has been nominated as 

22 a candidate of a major party (as defined in sec23 tion 9002(6)) for the office of President. 

24 ‘‘(C) APPLICABLE RETURNS.—For pur25 poses of this paragraph, the term ‘applicable reVerDate Sep 11 2014 00:48 Jun 08, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.IH H5386

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1 turns’ means, with respect to any candidate for 

2 the office of President, income tax returns for 

3 the 3 most recent taxable years for which a re4 turn has been filed as of the date of the nomi5 nation.’’. 

6 (2) CONFORMING AMENDMENTS.—Section 

7 6103(p)(4) of such Code, in the matter preceding 

8 subparagraph (A) and in subparagraph (F)(ii), is 

9 amended by striking ‘‘or (22)’’ and inserting ‘‘(22), 

10 or (23)’’ each place it appears. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of the enactment 

13 of this Act. 

Æ 


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