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II
116TH CONGRESS
1ST SESSION
S. 2222
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
JULY 23, 2019
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 delin-
quent tax debt.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IM-
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PORT BANK OF THE UNITED STATES FOR
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PERSONS WITH SERIOUSLY DELINQUENT TAX
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DEBT.
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Section 2 of the Export-Import Bank Act of 1945
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(12 U.S.C. 635) is amended by adding at the end the fol-
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lowing:
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‘‘(l) PROHIBITION
ON FINANCING
FOR PERSONS
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WITH SERIOUSLY DELINQUENT TAX DEBT.—
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‘‘(1) IN GENERAL.—The Bank may not provide
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financing to any person with seriously delinquent tax
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debt or for any project if any person participating
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in the project has seriously delinquent tax debt.
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‘‘(2) DETERMINATIONS
OF
DEBT.—For pur-
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poses of paragraph (1), the Bank shall determine if
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a person has seriously delinquent tax debt—
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‘‘(A) using information available through
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the System for Award Management website and
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data-analytical approaches; and
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‘‘(B) in consultation with the Commis-
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sioner of Internal Revenue.
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‘‘(3) WAIVER.—The President of the United
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States may waive the prohibition under paragraph
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(1) with respect to a person if the President—
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‘‘(A) determines that there are urgent and
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compelling circumstances significantly affecting
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the interests of the United States that require
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the financing to be provided; and
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‘‘(B) not later than 30 days after making
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that determination, submits to the Committee
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on Banking, Housing, and Urban Affairs of the
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Senate and the Committee on Financial Serv-
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•S 2222 IS
ices of the House of Representatives a report
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that includes the rationale for the determina-
2
tion and relevant information supporting the
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determination.
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‘‘(4) SERIOUSLY DELINQUENT TAX DEBT DE-
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FINED.—In this subsection, the term ‘seriously de-
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linquent tax debt’—
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‘‘(A) means a Federal tax liability that has
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been assessed by the Secretary of the Treasury
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under the Internal Revenue Code of 1986 and
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may be collected by the Secretary by levy or by
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a proceeding in court; and
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‘‘(B) does not include—
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‘‘(i) a debt that is being paid in a
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timely manner pursuant to an agreement
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under section 6159 or section 7122 of such
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Code;
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‘‘(ii) a debt with respect to which a
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collection due process hearing under sec-
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tion 6330 of such Code, or relief under
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subsection (a), (b), or (f) of section 6015
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of such Code, is requested or pending;
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‘‘(iii) a debt with respect to which a
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continuous levy has been issued under sec-
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tion 6331 of such Code (or, in the case of
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an applicant for employment, a debt with
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respect to which the applicant agrees to be
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subject to such a levy); and
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‘‘(iv) a debt with respect to which
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such a levy is released under section
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6343(a)(1)(D) of such Code.’’.
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Æ
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