HR 3832 · 114th Congress 2015–2017, ended

Stolen Identity Refund Fraud Prevention Act of 2016

Latest action · May 17, 2016 Received in the Senate and Read twice and referred to the Committee on Finance.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 26, 2015
  2. Passed HouseMay 16, 2016
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Stolen Identity Refund Fraud Prevention Act of 2016

This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service to take several actions to prevent and respond to tax-related identity theft and tax fraud.

(Sec. 2) The Department of the Treasury must establish and maintain an office at the Internal Revenue Service (IRS) and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a centralized point of contact throughout the processing of the case. The office must coordinate with other IRS offices to resolve the case as quickly as possible.

(Sec. 3) If the IRS determines that there was an unauthorized use of a taxpayer's identity, it must notify the taxpayer as soon as practicable without jeopardizing any investigation related to tax administration. The notice must include: (1) instructions for filing a police report, and (2) forms to allow law enforcement officials to access the taxpayer's personal information. The IRS must also notify the taxpayer as soon as practicable if criminal charges are brought against any person with respect to the unauthorized use of the identity.

(Sec. 4) The IRS must submit to Congress a feasibility study regarding a program under which a person who has filed an identity theft affidavit with the IRS may elect to prevent the processing of any federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer.

(Sec. 5) To help prevent identity theft tax refund fraud, the IRS must use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012.

(Sec. 6) The IRS must report to Congress biannually on fraud involving the use of a misappropriated taxpayer identity to claim tax refunds and IRS detection, prevention, and enforcement activities undertaken with respect to the fraud. The report must provide an update on the implementation of this bill and identify the need for any further legislation to protect taxpayer identities.

The first biannual report must include: (1) an assessment of the agency's progress on identity theft outreach and education, and (2) the results of a feasibility study on the costs and benefits of enhancing its taxpayer authentication approach to the electronic tax return filing process.

(Sec. 7) The IRS must establish and report to Congress on an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft.

(Sec. 8) The IRS must establish within the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities to:

  • receive information,
  • respond to inquiries,
  • administer and review the performance of information-sharing initiatives,
  • ensure any information provided through the initiatives is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties, and
  • carry out other duties relating to tax-related identity theft prevention.

(Sec. 9) The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS.

(Sec. 10) The IRS must provide the following information to taxpayers who are on hold during a taxpayer service telephone call: (1) basic information about common identity theft tax scams, (2) directions on where to report such activities, and (3) tips on how to protect against identity theft tax scams.

(Sec. 11) No additional funds are authorized to carry out the requirements of this bill.

Cosponsors 26

Members who signed on, in the order they did. Signatures ran from Oct 26, 2015 to May 13, 2016; 4 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-WADavid G. ReichertOriginalOct 26, 2015
D-GAJohn LewisOriginalOct 26, 2015
R-ILPeter J. RoskamOriginalOct 26, 2015
R-FLVern BuchananOriginalOct 26, 2015
D-WAJim McDermottNov 2, 2015
R-TXKenny MarchantNov 2, 2015
R-WIReid J. RibbleNov 2, 2015
D-WADerek KilmerNov 18, 2015
D-NYKathleen M. RiceDec 2, 2015
R-INLarry BucshonDec 10, 2015
R-VABarbara ComstockDec 15, 2015
D-FLLois FrankelDec 15, 2015
R-PAMike KellyApr 20, 2016
R-PAPatrick MeehanApr 21, 2016
R-OHDavid P. JoyceApr 26, 2016
R-NCGeorge HoldingApr 26, 2016
R-PALou BarlettaApr 26, 2016
R-NCMark MeadowsApr 26, 2016
R-OHPatrick J. TiberiApr 26, 2016
R-NYRichard L. HannaApr 26, 2016
R-NYTom ReedApr 26, 2016
D-DEJohn C. Carney, Jr.Apr 27, 2016
R-FLMario Diaz-BalartApr 28, 2016
D-ILMike QuigleyApr 28, 2016
R-PARyan A. CostelloMay 3, 2016
R-NVJoseph J. HeckMay 13, 2016

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseWays and Means Committee
Referred Oct 26, 2015Markup Apr 28, 2016Reported May 13, 2016
HouseJudiciary Committee
Referred Oct 26, 2015Discharged May 13, 2016
SenateFinance Committee
Referred May 17, 2016

Actions 13

Everything that happened, newest first.

  1. May 17, 2016Received in the Senate and Read twice and referred to the Committee on Finance.
  2. May 16, 2016Mr. Renacci moved to suspend the rules and pass the bill, as amended.
  3. May 16, 2016Considered under suspension of the rules. (consideration: CR H2392-2395)
  4. May 16, 2016DEBATE - The House proceeded with forty minutes of debate on H.R. 3832.
  5. May 16, 2016Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2392)

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H2392–H2395Text printed H2392Bill Pascrell, Jr. D-NJ, James B. Renacci R-OH, Mike Kelly R-PA, Robert C. "Bobby" Scott D-VA, Tom Reed R-NYMay 16, 2016

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. May 10, 2016H.R. 3832, Stolen Identity Refund Fraud Prevention Act of 2016As ordered reported by the House Committee on Ways and Means on April 28, 2016

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. Article 1, Section 8, Clause 18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 157, October 26, 2015, page H7189.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 676Identity Theft and Tax Fraud Prevention Act of 2015Related billMar 9, 2015
S 3157Stolen Identity Refund Fraud Prevention ActRelated billJul 12, 2016

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Internal Revenue Code of 1986 to prevent tax-related identity theft and tax fraud, and for other purposes.
Short Titles as Introduced
Stolen Identify Refund Fraud Prevention Act of 2015
Short Titles as Reported to House
Stolen Identity Refund Fraud Prevention Act of 2016
Short Titles as Passed House
Stolen Identity Refund Fraud Prevention Act of 2016

Subjects

Assigned by the Library of Congress. Policy area: Taxation.

Text 4

Each version as it was printed, newest first.

  1. May 17, 2016Referred in Senate
  2. May 16, 2016Engrossed in House
  3. May 13, 2016Reported in House
  4. Oct 26, 2015Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.