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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: April 30, 2019 10:02 AM
From: Senator Bob Mensch
To: All Senate members
Subject: IRS Compliance for Employees Who Handle Federal Tax Information
In the near future, I will be introducing legislation to align the Commonwealth of Pennsylvania with IRS Publication 1075 with regard to criminal background checks.

During the 2014 Treasury Inspector General for Tax Administration audit, several state agencies were asked to provide copies of background check policy and procedures. The results of this request varied from very thorough standards to no checks at all.

As a result, a recommendation was made to establish uniform background investigation requirements for all agency employees and contractors that have access to federal tax information. The recommendation was accepted and went into effect in September 2016.

In response to the recommendation, the Commonwealth enacted Act 40 of 2017. Unfortunately, after review by the FBI and IRS, the provisions of Act 40 were found to be insufficient.

This legislation will replace current language found in the Administrative Code with new language requiring all agencies with employees or contractors that have access to federal tax information to comply with enhanced security procedures. This change will ensure the Department of Revenue does not lose access to federal tax data, which could result in the loss of program integrity while incurring increased costs to secure federal tax data in other, less reliable ways.

This new language resulted from discussions the Department of Revenue and Pennsylvania State Police held with the FBI and IRS, who approve of these changes.

I ask that you please join me in co-sponsoring this legislation.