[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1021 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1021
To prohibit the Export-Import Bank of the United States from providing
financing to persons with seriously delinquent tax debt.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To prohibit the Export-Import Bank of the United States from providing
financing to persons with seriously delinquent tax debt.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF THE UNITED
STATES FOR PERSONS WITH SERIOUSLY DELINQUENT TAX DEBT.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is
amended by adding at the end the following:
``(m) Prohibition on Financing for Persons With Seriously
Delinquent Tax Debt.--
``(1) In general.--The Bank may not provide financing to
any person with seriously delinquent tax debt or for any
project if any person participating in the project has
seriously delinquent tax debt.
``(2) Determinations of debt.--For purposes of paragraph
(1), the Bank shall determine if a person has seriously
delinquent tax debt--
``(A) using information available through the
System for Award Management website and data-analytical
approaches; and
``(B) in consultation with the Commissioner of
Internal Revenue.
``(3) Waiver.--The President of the United States may waive
the prohibition under paragraph (1) with respect to a person if
the President--
``(A) determines that there are urgent and
compelling circumstances significantly affecting the
interests of the United States that require the
financing to be provided; and
``(B) not later than 30 days after making that
determination, submits to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives a report that includes the rationale
for the determination and relevant information
supporting the determination.
``(4) Seriously delinquent tax debt defined.--In this
subsection, the term `seriously delinquent tax debt'--
``(A) means a Federal tax liability that has been
assessed by the Secretary of the Treasury under the
Internal Revenue Code of 1986 and may be collected by
the Secretary by levy or by a proceeding in court; and
``(B) does not include--
``(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code;
``(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending;
``(iii) a debt with respect to which a
continuous levy has been issued under section
6331 of such Code (or, in the case of an
applicant for employment, a debt with respect
to which the applicant agrees to be subject to
such a levy); and
``(iv) a debt with respect to which such a
levy is released under section 6343(a)(1)(D) of
such Code.''.
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