Plain English
GovGreed Synthesis · 2026-04-28
IRS Whistleblower Program Improvement Act This bill modifies provisions of the Internal Revenue Code relating to whistleblower awards and protections. Specifically, the bill revises the standard for review of whistleblower awards in the Tax Court to require a de novo review (rather than the current abuse of discretion review) based on the administrative record established at the time of the whistleblower award determination and any new or previously unavailable evidence, allows whistleblowers anonymity in proceedings before the Tax Court (unless a societal interest in disclosing a whistleblower's identity outweighs potential harm to the whistleblower), modifies the Internal Revenue Service (IRS) whistleblower report to require inclusion of a list and description of up to 10 of the top tax avoidance schemes disclosed by whistleblowers, and requires payment of interest on mandatory whistleblower awards if the IRS fails to provide timely notice to a whistleblower of an award recommendation. The bill also allows payments of the attorney fees of whistleblowers to be deducted when calculating adjusted gross income for tax purposes regardless of whether the whistleblower award was paid through the mandatory or the discretionary whistleblower award program. (Under current law, the deduction is limited to attorney fees paid in connection with mandatory awards.)
Market Impact Map
Action Timeline
2026-04-27
Motion to reconsider laid on the table Agreed to without objection.
2026-04-27
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 346 - 10 (Roll no. 138). (text: CR H3104)
2026-04-27
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 346 - 10 (Roll no. 138).
2026-04-27
Considered as unfinished business. (consideration: CR H3117-3118)
2026-04-27
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
2026-04-27
DEBATE - The House proceeded with forty minutes of debate on H.R. 7959.
2026-04-27
Considered under suspension of the rules. (consideration: CR H3104-3106)
2026-04-27
Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended.
2026-04-09
Placed on the Union Calendar, Calendar No. 526.
2026-04-09
Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-606.
Full Bill Text
119 HR 7959 RH: IRS Whistleblower Program Improvement Act U.S. House of Representatives 2026-04-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB Union Calendar No. 526 119th CONGRESS 2d Session H. R. 7959 [Report No. 119–606] IN THE HOUSE OF REPRESENTATIVES March 17, 2026 Mr. Kelly of Pennsylvania (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means April 9, 2026 Additional sponsors: Mrs. Miller of West Virginia , Mr. Buchanan , Mr. Moran , and Mr. Smith of Nebraska April 9, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 17, 2026 A BILL To amend the Internal Revenue Code of 1986 to make improvements with respect to the treatment of whistleblowers, and for other purposes. 1. Short title; etc (a) Short title This Act may be cited as the IRS Whistleblower Program Improvement Act . (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) References to Secretary For purposes of this Act, the term Secretary means the Secretary of the Treasury or the Secretary's delegate. (d) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Standard and scope of review of whistleblower award determinations. Sec. 3. Whistleblower privacy protections. Sec. 4. Modification of IRS whistleblower report. Sec. 5. Interest on whistleblower awards. Sec. 6. Correction regarding deductions for attorney's fees. 2. Standard and scope of review of whistleblower award determinations (a) In general Paragraph (4) of section 7623(b) is amended— (1) by striking appealed to and inserting reviewed by , and (2) by adding at the end the following: Any review by the Tax Court under the preceding sentence shall be de novo and shall be based on the administrative record established at the time of the original determination and any additional newly discovered or previously unavailable evidence. . (b) Conforming amendment The heading of paragraph (4) of section 7623(b) is amended by striking Appeal and inserting Review . (c) Effective date The amendments made by this section shall apply to petitions under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 3. Whistleblower privacy protections (a) In general Paragraph (6) of section 7623(b) is amended by adding at the end the following new subparagraph: (D) Whistleblower anonymity before the Tax Court Notwithstanding sections 7458 and 7461, a whistleblower may elect to proceed anonymously before the Tax Court for all proceedings under this section absent a finding by the Tax Court that a societal interest exists for disclosing the whistleblower’s identity which exceeds the potential harm disclosure could cause to the whistleblower. . (b) Effective date The amendments made by this section shall apply to petitions under section 7623(b)(4) of the Internal Revenue Code of 1986 which are pending on, or filed on or after, the date of the enactment of this Act. 4. Modification of IRS whistleblower report (a) In general Section 406(c) of division A of the Tax Relief and Health Care Act of 2006 is amended by striking such use, in paragraph (1) and inserting such use (which shall include a list and descriptions of the top tax avoidance schemes, not to exceed 10, disclosed by whistleblowers during such year), . (b) Effective date The amendments made by this section shall apply to reports for fiscal years ending after the enactment of this Act. 5. Interest on whistleblower awards (a) In general Section 7623(b) is amended by adding at the end the following new paragraph: (7) Interest (A) In general If the Secretary has not provided notice to an individual described in paragraph (1) of a preliminary award recommendation before the applicable date, the amount of any award under this subsection shall include interest from such date at the overpayment rate under section 6621(a). (B) Exception No interest shall accrue under this paragraph after the date on which the Secretary provides notice to the individual of a preliminary award recommendation. (C) Applicable date For purposes of this paragraph, the applicable date is the date that is 12 months after the first date on which— (i) all of the proceeds resulting from actions subject to the award recommendation have been collected, and (ii) either— (I) the statutory period for filing a claim or suit for refund has expired, or (II) the taxpayers subject to the actions and the Secretary have agreed with finality to the tax or other liabilities for the periods at issue, and either the taxpayers have waived the right to file a claim or suit for refund or any claim or suit for refund has been resolved. . (b) Effective date (1) In general The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. (2) Special rule If, as of the date described in paragraph (1)— (A) the Secretary has not provided notice to the individual of a preliminary award recommendation as described in paragraph (7)(A) of section 7623(b) of the Internal Revenue Code of 1986, as added by this Act, and (B) the applicable date provided in paragraph (7)(C) of such section, as so added, has passed, the applicable date for purposes of such paragraph (7)(C) is the date that is 12 months after the date described in paragraph (1). 6. Correction regarding deductions for attorney's fees (a) In general Section 62(a)(21)(A)(i) is amended by striking 7623(b) and inserting 7623 . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. April 9, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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