I 111th CONGRESS 2d Session H. R. 5972 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Mr. Petri (for himself, Ms. Bean, and Mrs. Blackburn) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain return information related to identity theft, and for other purposes.

1.

Short title

This Act may be cited as the Social Security Identity Defense Act of 2010.

2.

Disclosure of certain return information with respect to identity theft

(a)

In general

Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23)

Disclosure of return information in certain cases of identity theft

(A)

In general

If the Secretary determines that there is a substantial likelihood that there has been a fraudulent use of a social security account number on a statement described in section 6051— (i)the Secretary shall disclose to the holder of such social security account number— (I)that the Secretary has reason to believe that the social security account number of such individual has been fraudulently used in the employment context, (II)that the Secretary has made the disclosure described in clause (ii) to the Director of the Federal Bureau of Investigation with respect to such fraudulent use, and (III)such other information (other than return information) as the Secretary determines, in consultation with Federal Trade Commission, would be helpful and appropriate to provide to a victim of identity theft, and (ii)the Secretary shall disclose to the Director of the Federal Bureau of Investigation— (I)such social security account number, (II)that the Secretary has reason to believe that such social security account number has been fraudulently used in the employment context, and (III)the taxpayer identity information of the holder of such social security account number, the individual believed to have fraudulently used such social security account number, and the employer who made the statement described in section 6051 which included such social security account number. (B)

Restriction on disclosure to law enforcement

(i)

Disclosure to other law enforcement officials

The Director of the Federal Bureau of Investigation may disclose information received under subparagraph (A)(ii) to appropriate Federal, State, and local law enforcement officials. (ii)

Restriction on use of disclosed information

Return information disclosed under subparagraph (A)(ii) may be used by Federal, State, and local law enforcement officials only for purposes of carrying out criminal investigations or prosecutions. . (b)

Prevention of use of W–2 statements To carryout identity theft

Section 6051 of such Code is amended by adding at the end the following new subsection: (g)

Prevention of identity theft

Except as otherwise provided by the Secretary, if an employer is notified by the Secretary with respect to any employee that the Secretary has reason to believe that the social security account number included on the statement described in subsection (a) with respect to such employee is not the social security account number of such employee, such employer— (1)shall cease to include such social security account number on statements provided to the employee under subsection (a), but (2)shall continue to include such social security account number on duplicates of such statements provided to the Secretary under subsection (d). . (c)

Conforming amendments related to disclosure

(1)

Confidentiality

Paragraph (3) of section 6103(a) of such Code is amended by striking or (21) and inserting (21), or (23). (2)

Procedures and recordkeeping related to disclosures

Paragraph (4) of section 6103(p) of such Code is amended by striking or (20) each place it appears and inserting (20), or (23). (3)

Unauthorized disclosure or inspection

Paragraph (2) of section 7213(a) of such Code is amended by striking or (21) and inserting (21), or (23).