[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3335 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3335

     To ensure the successful development of the electronic Income 
    Verification Express Service of the Internal Revenue Service by 
   amending the Taxpayer First Act to clarify that taxpayer identity 
 verification is the responsibility of users of the system rather than 
                 the taxpayer, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2023

  Mr. McHenry (for himself and Mr. Panetta) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To ensure the successful development of the electronic Income 
    Verification Express Service of the Internal Revenue Service by 
   amending the Taxpayer First Act to clarify that taxpayer identity 
 verification is the responsibility of users of the system rather than 
                 the taxpayer, 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. IDENTITY VERIFICATION RESPONSIBILITY.

    (a) In General.--Section 2201 of the Taxpayer First Act (Public Law 
116-25) is amended--
            (1) in subsection (a), by striking ``and'' at the end of 
        paragraph (1), by redesignating paragraph (2) as paragraph (3), 
        and by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) is accomplished only after a financial institution 
        (or a service provider, subsidiary, affiliate, agent, 
        subcontractor, or assignee of a financial institution) has 
        formed a reasonable belief that the identity of the taxpayer 
        has been authenticated; and''; and
            (2) in subsection (b), by striking ``by the Secretary to a 
        person seeking to verify the income or creditworthiness of a 
        taxpayer who is a borrower in the process of a loan 
        application'' and inserting ``, including business tax return 
        information, by the Secretary to a taxpayer or financial 
        institution (or a service provider, subsidiary, affiliate, 
        agent, subcontractor, or assignee of a financial institution) 
        designated by a taxpayer seeking to verify the income or 
        creditworthiness of a taxpayer who is in the process of a 
        financial application''.
    (b) Financial Institution Definition, Standards and Guidelines.--
Section 2201(c) of such Act is amended--
            (1) in subsection (c)--
                    (A) by striking ``The Secretary'' and inserting:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Standards.--The Secretary shall ensure that any 
        standards and guidelines deemed applicable to the system 
        described in this section--
                    ``(A) Enable a taxpayer to provide the appropriate 
                designation and electronic consent to a financial 
                institution (or a service provider, subsidiary, 
                affiliate, agent, subcontractor, or assignee of a 
                financial institution), including those defined in 
                section 106 of the Electronic Signatures in Global and 
                National Commerce Act (15 U.S.C. 7006);
                    ``(B) Enable a financial institution (or a service 
                provider, subsidiary, affiliate, agent, subcontractor, 
                or assignee of a financial institution) to act upon 
                such designation and consent to request a qualified 
                disclosure directly with the system implemented 
                pursuant to this section; and
                    ``(C) Ensure the security and confidentiality of 
                taxpayer information, to the extent such standards and 
                guidelines do not conflict with other standards and 
                guidelines applicable to financial institutions.'', and
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively, and by inserting after subsection 
        (b) the following new subsection:
    ``(c) Financial Institution.--For purposes of this section, the 
term `financial institution' has the meaning given such term in section 
509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).''.
    (c) Limitation on Authority.--Section 2201 of such Act is amended 
by adding at the end the following new subsection:
    ``(f) Limitation on Authority.--The Secretary may not require a 
taxpayer seeking a qualified disclosure to access any information 
technology system or service used by or on behalf of the Internal 
Revenue Service pursuant to this section for any purpose relating to a 
qualified disclosure, including identity verification or the provision 
of electronic consent.''.
    (d) Clarification Regarding Certain Business Tax Return Information 
Available for Disclosure.--Section 2201 of such Act, as amended by 
subsection (c), is amended by adding at the end the following new 
subsection:
    ``(g) Program Required To Make Certain Information Available for 
Disclosure.--The Secretary shall ensure that the program implemented 
under this section makes certain business tax return information 
available for disclosure, including, but not limited to, the following:
            ``(1) The following information from Schedule K-1 of Forms 
        1065 and 1120:
                    ``(A) Names of owners.
                    ``(B) Percentage of capital ownership of each 
                owner.
                    ``(C) Distributions to each owner.
                    ``(D) In the case of Form 1065, direct payments to 
                partners.
            ``(2) The following information from Schedule G of Form 
        1120:
                    ``(A) Names of owners.
                    ``(B) Percentage of capital ownership of each 
                owner.
            ``(3) With respect to each entity identified on Schedule C 
        of Form 1040, the following information from such Schedule:
                    ``(A) Name of such entity.
                    ``(B) Names of owners of such entity.
                    ``(C) Income statement of each entity.
            ``(4) All information available on the following forms or 
        schedules:
                    ``(A) Schedule L.
                    ``(B) Schedule M.
                    ``(C) Form 1125-E.
                    ``(D) Any schedules or supplemental schedules of 
                Form 1040 (or any other personal income tax return 
                form) which includes information related to any income, 
                deduction, gain, loss, or credit which is derived in 
                the conduct of any trade or business (other than the 
                trade or business of being an employee).
            ``(5) NAICS codes with respect to all forms and schedules.
Each reference to a form or schedule in this subsection shall be 
treated as including a reference to any form or schedule which is a 
successor or alternative to such form or schedule.''.
    (e) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in section 2201 of the Taxpayer First Act 
        (Public Law 116-25).
            (2) Clarification regarding certain business tax return 
        information available for disclosure.--The amendment made by 
        subsection (d) shall take effect on the date which is 1 year 
        after the date of the enactment of this Act.
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