H.R. 5314 - Protecting Our Democracy Act

117TH CONGRESS
1ST SESSION

H.R. 5314

To protect our democracy by preventing abuses of presidential
power, restoring checks and balances and accountability
and transparency in government, and defending elections
against foreign interference, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 2021

Mr. SCHIFF (for himself, Mr. HOYER, Mr. NADLER, Mrs. CAROLYN B. MALONEY of New York, Ms. LOFGREN, Mr. NEAL, Mr. YARMUTH, Mr. MEEKS, Ms. DELAURO, Mr. DEFAZIO, Mr. COHEN, Mr. CONNOLLY, Ms. DEAN, Ms. ESHOO, Mr. JEFFRIES, Mr. LIEU, Mr. RASKIN, Mr. SWALWELL, Ms. SPEIER, Ms. PORTER, Ms. SCANLON, Ms. ADAMS, Mr. AGUILAR, Mr. AUCHINCLOSS, Ms. BARRAGÁN, Ms. BASS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Ms. BOURDEAUX, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. BROWNLEY, Mr. CARBAJAL, Mr. CARSON, Ms. CASTOR of Florida, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. CLARKE of New York, Mr. COOPER, Mr. CORREA, Mr. COURTNEY, Mr. DANNY K. DAVIS of Illinois, Mrs. DEMINGS, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. GALLEGO, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. GRIJALVA, Mr. HIGGINS of New York, Mr. HIMES, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JACOBS of California, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. JONES, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Mr. LAMB, Mr. LARSON of Connecticut, Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of Michigan, Mr. LOWENTHAL, Mr. LYNCH, Mr. MALINOWSKI, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCNERNEY, Ms. MENG, Mr. MORELLE, Mr. MOULTON, Mr. NEGUSE, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. PAYNE, Mr. PHILLIPS, Ms. PINGREE, Mr. POCAN, Mr. PRICE of North Carolina, Mr. QUIGLEY, Ms. ROSS, Ms. ROYBAL-ALLARD, Mr. RUIZ, Mr. RUSH, Mr. SARBANES, Ms. SCHAKOWSKY, Ms. SEWELL, Ms. SHERRILL, Mr. SOTO, Ms. STANSBURY, Ms. STRICKLAND, Mr. TAKANO, Mr. THOMPSON of California, Ms. TLAIB, Mrs. TORRES of California, Mr. TORRES of New York, Mr. TRONE, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. WILD, Ms. WILSON of Florida, and Ms. WILLIAMS of Georgia) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, the Budget, Transportation and Infrastructure, Rules, Foreign Affairs, Ways and Means, Intelligence (Permanent Select), and 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 protect our democracy by preventing abuses of presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference, 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 "Protecting Our Democracy Act".

* * *

TITLE XII — PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY

Sec. 1201. Presidential and Vice Presidential tax transparency.

SEC. 1201. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY.

(a) DEFINITIONS. — In this section —

(1) The term "covered candidate" means a candidate of a major party in a general election for the office of President or Vice President.

(2) The term "major party" has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.

(3) The term "income tax return" means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of —

(A) such individual, other than information returns issued to persons other than such individual; or

(B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary of the Treasury or his delegate).

(4) The term "Secretary" means the Secretary of the Treasury or the delegate of the Secretary.

(b) DISCLOSURE. —

(1) IN GENERAL. —

(A) CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. — Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(B) PRESIDENT AND VICE PRESIDENT. — With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the taxable year and for the 9 preceding taxable years.

(C) TRANSITION RULE FOR SITTING PRESIDENTS AND VICE PRESIDENTS. — Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(2) FAILURE TO DISCLOSE. — If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return.

(3) PUBLICLY AVAILABLE. — The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section).

(4) TREATMENT AS A REPORT UNDER THE FEDERAL ELECTION CAMPAIGN ACT OF 1971. — For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971.

(c) DISCLOSURE OF RETURNS OF PRESIDENTS AND VICE PRESIDENTS AND CERTAIN CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. —

(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 VICE PRESIDENTS AND CERTAIN CANDIDATES FOR PRESIDENT AND VICE PRESIDENT. —

"(A) IN GENERAL. — Upon written request by the chairman of the Federal Election Commission under section 1201(b)(2) of the Protecting Our Democracy Act, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph.

"(B) DISCLOSURE TO THE PUBLIC. —

"(i) IN GENERAL. — The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).

"(ii) REDACTION OF CERTAIN INFORMATION. — Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.".

(2) CONFORMING AMENDMENTS. — Section 6103(p)(4) of such Code is amended —

(A) in the matter preceding subparagraph (A) by striking "or (22)" and inserting "(22), or (23)"; and

(B) in subparagraph (F)(ii) by striking "or (22)" and inserting "(22), or (23)".

(3) EFFECTIVE DATE. — The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.

* * *