I 117th CONGRESS 2d Session H. R. 9589 IN THE HOUSE OF REPRESENTATIVES December 15, 2022 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.

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 a borrower in the process of a financial application . (b) Financial institution definition, standards and guidelines Section 2201 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) Effective date The amendments made by this section shall take effect as if included in section 2201 of the Taxpayer First Act ( Public Law 116–25 ).