II 

Calendar No. 633 

114TH CONGRESS 

2D SESSION S. 3348 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2016 

Mr. WYDEN (for himself, Mr. BENNET, Ms. WARREN, Mrs. BOXER, Mr. 

KAINE, Ms. BALDWIN, Mr. CARDIN, Mr. MURPHY, and Mr. UDALL) introduced the following bill; which was read the first time 

SEPTEMBER 19, 2016 

Read the second time and placed on the calendar 

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.—Each candidate of a major 

9 party for the office of President shall file with the 

10 Commission, not later than 15 days after such can11 didate is nominated, a copy of the income tax re12 turns of such candidate for the 3 most recent tax13 able 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 ‘‘(6) SPECIAL RULE FOR 2016.— 


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1 ‘‘(A) IN GENERAL.—In the case of any 

2 candidate described in subparagraph (B)— 

3 ‘‘(i) paragraph (1) shall be applied by 

4 substituting ‘7 days after the date of the 

5 enactment of this subsection’ for ‘15 days 

6 after such candidate is nominated’, and 

7 ‘‘(ii) paragraph (2) shall be applied by 

8 substituting ‘10 days after the date of the 

9 enactment of this subsection’ for ‘30 days 

10 after the date such candidate is nomi11 nated’. 

12 ‘‘(B) CANDIDATE DESCRIBED.—A can13 didate is described in this subparagraph if such 

14 candidate is the candidate of a major party for 

15 the office of President who— 

16 ‘‘(i) is nominated with respect to the 

17 regularly scheduled general election for the 

18 office of President held in November 2016, 

19 and 

20 ‘‘(ii) was so nominated before the date 

21 of the enactment of this subsection.’’. 

22 (b) AUTHORITY TO DISCLOSE INFORMATION.— 

23 (1) IN GENERAL.—Section 6103(l) of the Inter24 nal Revenue Code of 1986 is amended by adding at 

25 the end the following new paragraph: 


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1 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

2 OF CERTAIN PRESIDENTIAL CANDIDATES BY FED3 ERAL ELECTION COMMISSION.— 

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

5 Commission may disclose to the public the ap6 plicable returns of any person who has been 

7 nominated as a candidate of a major party (as 

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

9 President. 

10 ‘‘(B) DISCLOSURE TO FEC IN CASES

11 WHERE CANDIDATE DOES NOT PROVIDE RE12 TURNS.—The Secretary shall, upon written re13 quest from the Chairman of the Federal Elec14 tion Commission pursuant to section 304(j)(2) 

15 of the Federal Election Campaign Act of 1971, 

16 provide to officers and employees of the Federal 

17 Election Commission copies of the applicable re18 turns of any person who has been nominated as 

19 a candidate of a major party (as defined in sec20 tion 9002(6)) for the office of President. 

21 ‘‘(C) APPLICABLE RETURNS.—For pur22 poses of this paragraph, the term ‘applicable re23 turns’ means, with respect to any candidate for 

24 the office of President, income tax returns for 

25 the 3 most recent taxable years for which a reVerDate Sep 11 2014 22:02 Sep 19, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3348.PCS S3348

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1 turn has been filed as of the date of the nomi2 nation.’’. 

3 (2) CONFORMING AMENDMENTS.—Section 

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

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

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

7 or (23)’’ each place it appears. 

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

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

10 of this Act. 


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Calendar No. 633 

114TH CONGRESS 

2D SESSION S. 3348 

A BILL 

To amend the Federal Election Campaign Act of 

turn information. the office of President to disclose recent tax re1971 to require candidates of major parties for 

SEPTEMBER 19, 2016 

Read the second time and placed on the calendar 


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