[Congressional Record Volume 164, Number 62 (Tuesday, April 17, 2018)]
[House]
[Pages H3356-H3359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE FOR VICTIMS OF IRS SCAMS AND IDENTITY THEFT ACT OF 2018
Mr. POE of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2905) to require the Attorney General to establish
procedures for expedited review of the case of any person who
unlawfully solicits personal information for purposes of committing
identity theft, while purporting to be acting on behalf of the IRS, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2905
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 ``Justice for Victims of IRS
Scams and Identity Theft Act of 2018''.
SEC. 2. REPORTING REQUIREMENTS.
(a) Attorney General Report.--Not later than 120 days after
the date of enactment of this Act, the Attorney General shall
submit to Congress a report on the status of prosecutions for
violations of section 1028(a) or 1028A(a) of title 18, United
States Code, including--
(1) the number of defendants referred to the Attorney
General for prosecution during the 5-year period immediately
preceding the date of the report by any agency of the Federal
Government, disaggregated by the number of defendants
referred by each agency;
(2) a map of the United States indicating how many cases
were referred for prosecution by agencies of the Federal
Government in each judicial district;
(3) the rate, by year and judicial district, of convictions
for cases described in paragraph (1) that were prosecuted;
and
(4) the Attorney General's recommendations regarding--
(A) identification of trends in the commission of such
offenses;
(B) how to improve collaboration with other Federal
agencies;
(C) how to improve law enforcement deterrence and
prevention of such offenses; and
(D) whether such offenses are being committed by
individuals or criminal organizations.
(b) Secretary of the Treasury Report.--Not later than 120
days after the date of enactment of this Act, the Secretary
of the Treasury shall submit a report to Congress detailing--
(1) current efforts by the Secretary to assist with the
prosecution of violations of section 1028(a) or 1028A(a) of
title 18, United States Code, wherein the defendant
misrepresented himself or herself to be engaged in lawful
activities on behalf of, or carrying out lawful duties as an
officer or employee of the Internal Revenue Service;
(2) overall trends in the commission of such offenses;
(3) the Secretary's recommendations regarding what
resources are needed to facilitate improved review and
prosecution of such cases; and
(4) information on what assistance the Internal Revenue
Service may offer victims of such offenses.
SEC. 3. PUBLICATION OF REPORT.
Not later than 120 days after the date of enactment of this
Act, the Attorney General shall make the report submitted
under section 3(b) publically available on an Internet
webpage of the Attorney General.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Poe) and the gentlewoman from Texas (Ms. Jackson Lee) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. POE of Texas. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 2905, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, identity theft is a problem across the United States. It
affects millions of Americans each year. A recent study found that $16
billion was
[[Page H3357]]
stolen from more than 15 million American consumers in 2016.
In the last several years, sophisticated phone scams targeting
taxpayers, including recent immigrants and elderly persons, have been
prevalent throughout the United States. Callers claim to be IRS
employees using fake names and bogus IRS identification badge numbers.
The fraudsters sometimes know a lot of information about the targets,
and they may even alter the caller I.D. to make it look like the real
IRS is calling them.
Victims are told they owe money to the IRS and that it must be paid
promptly through a gift card or wire transfers. Victims are threatened
with arrest, deportation, or suspension of a business or driver's
license. In many cases, the caller becomes hostile and insulting. In an
effort to trick victims into sharing private information, these thieves
sometimes claim that the refunds are ready for deposit. If the phone
isn't answered, the scammers leave an urgent callback request.
These crimes must be prosecuted in order to protect victims and bring
scheming criminals to justice. I urge my colleagues to support H.R.
2905, the Justice for Victims of IRS Scams and Identity Theft Act,
which will help Congress better understand how many identity theft
crimes are being prosecuted, as well as ways to prevent these crimes,
bolster assistance that is made available to victims, and go after the
thieves.
I thank Congressman David Young for his work on this bill, which
will protect American consumers, and I urge the Senate to take it up
without delay.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me thank the manager of this bill, Mr. Poe, again,
for his continued leadership on issues of protecting the victim.
I know that everyone has either gone to their bank, been at a store,
or gotten that call that says that: ``Are you Mrs. Jones? You live in
Texas. There is someone now in a department store in New York using
your identity, your card, your credit card,'' and nothing but fear
comes your way. It may not be even on the basis of you having lost your
credit cards, but it may be on the basis of the dastardly act of
stealing your identity.
Probably there is nothing more, besides family and faith and country
and God, that disturbs you most than to lose who you are. And so the
legislation of H.R. 2905, the Justice for Victims of IRS Scams and
Identity Theft Act of 2018, is a valuable legislative initiative
because, every year, billions of dollars are stolen from hardworking
Americans as a result of identity theft.
Tax season, as it begins today, or ends today, is a particularly
dangerous time as scammers pretending to be IRS representatives trick
victims into giving them money. Some of the most vulnerable victims are
senior citizens or individuals who are not familiar with the likes of
government responsibilities or actions.
The bipartisan bill, H.R. 2905, the Justice for Victims of IRS Scams
and Identity Theft Act of 2018, helps ensure that Congress has the
information it needs to make sure that law enforcement agencies are
employing tactics to hold these criminals accountable and deter future
crimes.
I want to thank the gentleman from Iowa (Mr. Young) and the
gentlewoman from Arizona (Ms. Sinema) for their astute leadership on
this bill and for recognizing that victims are left helpless and
hopeless sometimes.
As tax season comes to a close, millions of Americans are at risk of
being exploited by emerging schemes where scam artists pretend to be
IRS agents and harass victims into providing personal information and
money. The IRS estimates that more than $65 million has been lost to
phone tax scammers in the past 5 years. These attacks are most common
during the tax season, in March and April. Those are dollars that many
valuable and important programs or responsibilities of our Federal
Government could utilize, dollars that certainly don't belong to
criminals.
Often, scammers present themselves as the IRS and trick people into
sending their money and personal information. As technology advances,
so do the scammers. The IRS warned of a sophisticated phone scam
targeting taxpayers, including recent immigrants, which has been making
the rounds throughout the country.
Scammers claim to be IRS employees using fake names and bogus IRS
identification badges. They may know a lot about their targets, and
they usually alter the caller I.D. to make it look like the IRS.
By debating this bill on the floor of the House today, Mr. Speaker,
we hope that we are sending a far-reaching warning for those who may be
watching or those who are watching to tell others: Please understand
that the IRS has made it clear they do not do business that way.
Victims are told they owe money to the IRS and they must be paid
promptly through a gift card or a wire transfer. That is not the way
IRS does business. Victims may be threatened with arrest or deportation
or suspension of a business or driver's license.
Seek immediate help through counsel, through calling, directly, the
IRS or your public servant that is nearby.
In many cases, the caller becomes hostile and insulting. If the phone
isn't answered, the scammers often leave an urgent callback request.
That is not the way the Federal Government does its business, or the
IRS.
Scared and confused, many victims comply with the scammer's request
out of fear of the repercussions. Please do not adhere to these heinous
and vile actions against you.
The Justice for Victims of IRS Scams and Identity Theft Act of 2018
requires the Department of Justice and the Department of the Treasury
to report to Congress the efforts to combat the serious identity theft
problem. The bill requires the DOJ to report on the status of
prosecutions of identity theft crimes. It asks for recommendations
regarding how this crime is committed, how to improve collaboration
with other Federal agencies, and how to improve law enforcement
deterrence and prevention of such offenses.
It also requires the Department of the Treasury to provide a report
detailing its current efforts to assist in the prosecution of identity
theft when a criminal impersonates IRS personnel and the resources they
need to facilitate the prosecution of these offenses.
Please remember--I will say it again--the IRS does not do business
this way. Be wary and reach out for help.
This information will provide a helpful insight into how law
enforcement agencies are addressing the heinous problem that Congress
wants to resolve, and we want to stamp out identity theft and the IRS
scammers.
We need to ensure that Americans are being protected from these con
artists who target and terrify Americans and that these thieves are
held accountable for their criminal activity, and that is why I ask my
colleagues to support H.R. 2905, the Justice for Victims of IRS Scams
and Identity Theft Act of 2018.
Mr. Speaker, I reserve the balance of my time.
Mr. POE of Texas. Mr. Speaker, I yield 5 minutes to the gentleman
from Iowa (Mr. Young), the author of this bill.
Mr. YOUNG of Iowa. Mr. Speaker, I thank both of my colleagues from
Texas for their support of this measure.
Mr. Speaker, I rise today in support of my bipartisan bill, H.R.
2905, the Justice for Victims of IRS Scams and Identity Theft Act of
2018.
Scams and identity theft are increasingly complex and growing
problems. Americans lose billions of dollars to criminals--my colleague
called them con artists; that is what they are--executing identity
theft and fraud each year. Many in the Third District of Iowa have
spoken to me about their fear of having their identity, bank or credit
card numbers, and other personal information stolen.
Mr. Speaker, imagine getting a call from your bank or credit card
company explaining your information has been stolen. Or imagine having
a Federal agent knock on your door because someone stole your name,
Social Security number, or banking information.
{time} 1300
This reality can turn a family's world upside down. Millions of
Americans have gotten that call, and many have lost everything because
of identity theft.
[[Page H3358]]
The Justice for Victims of IRS Scams and Identity Theft Act of 2018
requires the Attorney General and Treasury Secretary to create and
submit reports to Congress about identity theft and fraud across the
United States.
In 2016, the Treasury Inspector General for Tax Administration,
Russell George, said Americans submit up to 14,000 complaints about IRS
impersonation scams every week. He also said IRS impersonation scams
were ``the largest, most pervasive impersonation scam in the history of
the agency.'' This is serious. These scams are indiscriminate and can
impact any person at any time.
The report submitted to Congress by the Attorney General as a result
of my bill--this bipartisan bill--will contain the number of defendants
referred to the Department of Justice for identity theft and fraud, a
map of the United States which shows where cases were referred from,
and the rate of conviction for cases prosecuted.
This bill also recommends the Attorney General provide information on
how to improve collaboration with other Federal agencies and discuss
trends in identity theft and fraud cases. The Department of Justice
should suggest what we can do to deter criminals and prevent identity
theft from happening.
The report from the Treasury Secretary will contain what efforts the
Secretary has undertaken in the prosecution of IRS impersonation cases
and recommendations for resources needed to assist victims of these
crimes.
As founder of the Bipartisan Task Force to Combat Identity Theft and
Fraud, I have compiled helpful resources to ensure all Iowans and
Americans have the tools and resources they need to stay informed and
protected from these scams. I know my colleagues do this, as well, for
their constituents.
The reports from the Attorney General and Treasury Secretary will
help Americans protect themselves and give Members of Congress the
tools we need to better protect our bosses: our constituents.
Mr. Speaker, fighting these criminals starts with knowing what is out
there and being as prepared as possible, which is why I encourage my
colleagues to join me in support of this bipartisan bill.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in closing, again, let me thank Mr. Young from Iowa for
his presence here. And let me thank Ms. Sinema, who has always been
astutely concerned about the fairness to those who may be victimized by
these dastardly acts. I reiterate again that they are conmen and -
women, and Ms. Sinema knows well the importance of protecting her
constituents, so I want to congratulate her and Mr. Young for this
legislation.
Again, I want to emphasize how important it is that we take important
measures to protect all forms of identity theft. But I want to use the
terminology ``victims'' because, as I have said, senior citizens,
people who are there alone; and, of course, families, individuals who
are not experienced; first-time filers, for example, of their IRS
filing; and people who don't have, or know, anyone to call, they are
particularly in the eye of the storm.
I, again, reiterate--if you are listening to us--do not respond to
those kinds of intimidating calls. Please call the IRS. Yes, you can
call the IRS or your public servant that is nearby, or seek some relief
in some other manner.
Identity theft can occur in many settings. It can occur in public
places where criminals watch you from a nearby location as you punch in
your credit card number, or listen in on your conversation if you have
to give your credit card number over the telephone. It can also occur
if you receive applications for pre-approved credit cards in the mail,
but discard them without tearing up the enclosed materials. A first
notice to everyone: those items should be shredded.
Many people's information is stolen when they are inquiring to spam
emails that promise them some benefit, but request identifying data. In
some cases, criminals reportedly abuse computer technology to steal
large amounts of personal data.
With enough identifying information about an individual, a criminal
can take over that individual's identity to conduct a wide range of
crimes. You don't want to get that phone call. Maybe it is not a store
in New York, but it might be a store in Istanbul, or somewhere beyond,
that your credit card is being used.
False applications for loans and credit cards, fraudulent withdrawals
from bank accounts, fraudulent use of telephone calling cards, or
online accounts, it is important to be reminded the world is getting
smaller and these credit card accounts can be used all over the world.
The consequences of identity theft can be severe and can leave a person
with no funds to pay for everyday living costs. Identity fraud can have
a significant effect on your credit history.
If an identity theft uses your existing credit or applies for new
credit, this could leave a footprint of debt or missed payments in your
credit report, even to the extent that this individual generates a
bankruptcy. Even if the criminal applies for credit and is rejected,
this can still have a negative impact on your credit history, as each
application for credit is recorded.
It is with these concerns that I applaud this legislation and ask my
colleagues to support the present legislation that is H.R. 2905, the
Justice for Victims of IRS Scams and Identity Theft Act of 2018. The
victims are our most important cause.
Mr. Speaker, I yield back the balance of my time.
Mr. POE of Texas. Mr. Speaker, I yield myself the remainder of my
time.
Mr. Speaker, I thank Mr. Young from Iowa and Ms. Sinema from Arizona
for this bipartisan legislation; the chairman of the Judiciary
Committee for bringing this to the floor; and my friend, Ms. Jackson
Lee, from Houston, Texas, for supporting this legislation as well.
Mr. Speaker, when the phone rings and a person answers it, if
somebody on the other end says they are from the IRS, that brings fear
and trepidation into the soul of whoever answers the phone. People fear
the IRS for a multitude of reasons, so they become vulnerable to a
thief who identifies themselves as an IRS agent and want to do the
right thing. They don't want to go to jail for an IRS violation, so
they cooperate with this criminal on the other end who is a smooth-
talking criminal thief, who is trying to steal money from this person.
As Ms. Jackson Lee said, many times these are the elderly. These are
people who have tried to save money over the years; and now the IRS,
they think, is coming after them, and they want to cooperate because
they want to follow the law.
These scammers are just, to me, some of the worst people in our
society. As a former judge and prosecutor, I don't like thieves--people
who steal from others--especially vulnerable people.
This legislation helps in a couple of ways, several ways. It helps
the victims understand what their responsibility is, and is not, when
somebody calls. But it also lets those thieves out there in our
country, and other countries, know that we are going to go after them.
I mean, $16 billion stolen in one year from 15 million Americans. That
is a lot of money. That is a lot of money even for the government.
This legislation is vital, it is good legislation, it is bipartisan
legislation, and it should pass quickly. The Senate, down the hallway,
should take up this bill and pass it as well.
And that is just the way it is.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, every year, billions of dollars are
stolen from hardworking Americans as a result of identity theft. Tax
season is a particularly dangerous time as scammers pretending to be
IRS representatives, trick victims into giving them money. The
bipartisan bill, H.R. 2905 ``Justice for Victims of IRS Scams and
Identity Theft Act of 2018,'' helps ensure that Congress has the
information it needs to make sure that law enforcement agencies are
employing tactics to hold these criminals accountable and deter future
crimes.
As tax season comes to a close, millions of Americans are at risk of
being exploited by an emerging scheme where scam artists pretend to be
IRS agents and harass victims into providing personal information and
money. The IRS estimates that more than $65 million has been lost to
phone tax scammers in the past five years. These attacks are most
common during the high high tax season in March and April.
[[Page H3359]]
Often scammers present themselves as the IRS and trick people into
sending them money and personal information. As technology advances so
do the scammers. The IRS warned of a sophisticated phone scam targeting
taxpayers, including recent immigrants, which has been making the
rounds throughout the country. Scammers claim to be IRS employees,
using fake names and bogus IRS identification badge numbers. They may
know a lot about their targets, and they usually alter the caller ID to
make it look like the IRS is calling.
Victims are told they owe money to the IRS and it must be paid
promptly through a gift card or wire transfer. Victims may be
threatened with arrest, deportation or suspension of a business or
driver's license. In many cases, the caller becomes hostile and
insulting. If the phone isn't answered, the scammers often leave an
``urgent'' callback request. Scared and confused, many victims comply
with the scammers request out of fear of the repercussions.
The ``Justice for Victims of IRS Scams and Identity Theft Act of
2018,'' requires the Department of Justice and the Department of
Treasury to report to Congress the efforts to combat the serious
identity theft problem. The bill requires the DOJ to report on the
status of prosecutions of identity theft crimes. It asked for
recommendations regarding how this crime is committed, how to improve
collaboration with other federal agencies, and how to improve law
enforcement deterrence and prevention of such offenses. It also
requires the Department of Treasury to provide a report detailing its
current efforts to assist in the prosecution of identity theft where
the criminal impersonates IRS personnel and the resources they need to
facilitate the prosecution of these offenses. This information will
provide a helpful insight into how our law enforcement agencies are
addressing the problem and what Congress can do to help improve the
results.
We need to ensure that Americans are being protected from these con
artists who target and terrify Americans and that these thieves are
held accountable for their criminal activity. That is why I support
H.R. 2905, ``Justice for Victims of IRS Scams and Identity Theft Act of
2018.''
Mr. Speaker, in closing I want to emphasize how important it is that
we take important measures to protect against all forms of identity
theft.
Identity theft can occur in many settings. It can occur in public
places where criminals watch you from a nearby location as you punch in
your credit card number or listen in on your conversation if you give
your credit-card number over the telephone. It can also occur if you
receive applications for ``pre-approved'' credit cards in the mail but
discard them without tearing up the enclosed materials. Many people's
information is stolen when they respond to spam emails that promise
them some benefit but requests identifying data. In some cases,
criminals reportedly have used computer technology to steal large
amounts of personal data.
With enough identifying information about an individual, a criminal
can take over that individual's identity to conduct a wide range of
crimes. False applications for loans and credit cards, fraudulent
withdrawals from bank accounts, fraudulent use of telephone calling
cards, or online accounts. The consequences of identity theft can be
severe and can leave a person with no funds to pay for everyday living
costs. Identity fraud can have a significant effect on your credit
history. If an identity thief uses your existing credit or applies for
new credit, this could leave a footprint of debt or missed payments on
your credit report. Even if the criminal applies for credit and is
rejected this can still have a negative effect on your credit history
as each application for credit is recorded.
It is with these concerns in mind that we act on this legislation
today. I support this bill and encourage my colleagues to do the same.
The SPEAKER pro tempore (Mr. Bacon). The question is on the motion
offered by the gentleman from Texas (Mr. Poe) that the House suspend
the rules and pass the bill, H.R. 2905, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. POE of Texas. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________