II 

117TH CONGRESS 

1ST SESSION S. 474 

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 

FEBRUARY 25, 2021 

Mr. BRAUN (for himself and Mr. KENNEDY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IM4 PORT BANK OF THE UNITED STATES FOR 

5 PERSONS WITH SERIOUSLY DELINQUENT TAX 

6 DEBT. 

7 Section 2 of the Export-Import Bank Act of 1945 

8 (12 U.S.C. 635) is amended by adding at the end the fol9 lowing: 


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1 ‘‘(m) PROHIBITION ON FINANCING FOR PERSONS

2 WITH SERIOUSLY DELINQUENT TAX DEBT.— 

3 ‘‘(1) IN GENERAL.—The Bank may not provide 

4 financing to any person with seriously delinquent tax 

5 debt or for any project if any person participating 

6 in the project has seriously delinquent tax debt. 

7 ‘‘(2) DETERMINATIONS OF DEBT.—For pur8 poses of paragraph (1), the Bank shall determine if 

9 a person has seriously delinquent tax debt— 

10 ‘‘(A) using information available through 

11 the System for Award Management website and 

12 data-analytical approaches; and 

13 ‘‘(B) in consultation with the Commis14 sioner of Internal Revenue. 

15 ‘‘(3) WAIVER.—The President of the United 

16 States may waive the prohibition under paragraph 

17 (1) with respect to a person if the President— 

18 ‘‘(A) determines that there are urgent and 

19 compelling circumstances significantly affecting 

20 the interests of the United States that require 

21 the financing to be provided; and 

22 ‘‘(B) not later than 30 days after making 

23 that determination, submits to the Committee 

24 on Banking, Housing, and Urban Affairs of the 

25 Senate and the Committee on Financial ServVerDate Sep 11 2014 04:55 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S474.IS S474

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1 ices of the House of Representatives a report 

2 that includes the rationale for the determina3 tion and relevant information supporting the 

4 determination. 

5 ‘‘(4) SERIOUSLY DELINQUENT TAX DEBT DE6 FINED.—In this subsection, the term ‘seriously de7 linquent tax debt’— 

8 ‘‘(A) means a Federal tax liability that has 

9 been assessed by the Secretary of the Treasury 

10 under the Internal Revenue Code of 1986 and 

11 may be collected by the Secretary by levy or by 

12 a proceeding in court; and 

13 ‘‘(B) does not include— 

14 ‘‘(i) a debt that is being paid in a 

15 timely manner pursuant to an agreement 

16 under section 6159 or section 7122 of such 

17 Code; 

18 ‘‘(ii) a debt with respect to which a 

19 collection due process hearing under sec20 tion 6330 of such Code, or relief under 

21 subsection (a), (b), or (f) of section 6015 

22 of such Code, is requested or pending; 

23 ‘‘(iii) a debt with respect to which a 

24 continuous levy has been issued under sec25 tion 6331 of such Code (or, in the case of 


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1 an applicant for employment, a debt with 

2 respect to which the applicant agrees to be 

3 subject to such a levy); and 

4 ‘‘(iv) a debt with respect to which 

5 such a levy is released under section 

6 6343(a)(1)(D) of such Code.’’. 

Æ 


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