‘‘§ 7382. Ineligibility for employment 
‘‘(a) IN GENERAL.—Subject to subsection (c), any 
person who has a seriously delinquent tax debt shall be 
ineligible to be appointed or to continue serving as an em-
ployee. 
‘‘(b) DISCLOSURE REQUIREMENT.—The head of each 
agency shall take appropriate measures to ensure that 
each person applying for employment with such agency 
shall be required to submit (as part of the application for 
employment) certification that such person does not have 
any seriously delinquent tax debt. 
‘‘(c) REGULATIONS.—The Office of Personnel Man-
agement, in consultation with the Internal Revenue Serv-
ice, shall, for purposes of carrying out this section with 
respect to the executive branch, promulgate any regula-
tions which the Office considers necessary, except that 
such regulations shall provide for the following: 
‘‘(1) All due process rights, afforded by chapter 
75 and any other provision of law, shall apply with 
respect to a determination under this section that an 
applicant is ineligible to be appointed or that an em-
ployee is ineligible to continue serving. 
‘‘(2) Before any such determination is given ef-
fect with respect to an individual, the individual 
shall be afforded 180 days to demonstrate that such 
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS
individual’s debt is one described in subparagraph 
(A), (B), (C), or (D) of section 7381(a)(1). 
‘‘(3) An employee may continue to serve, in a 
situation involving financial hardship, if the contin-
ued service of such employee is in the best interests 
of the United States, as determined on a case-by- 
case basis. 
‘‘(d) REPORTS TO CONGRESS.—The Director of the 
Office of Personnel Management shall report annually to 
Congress on the number of exemptions made pursuant to 
subsection (c)(3). 
‘‘§ 7383. Review of public records 
‘‘(a) IN GENERAL.—Each agency shall provide for 
such reviews of public records as the head of such agency 
considers appropriate to determine if a notice of lien (as 
described in section 7381(1)) has been filed with respect 
to an employee of or an applicant for employment with 
such agency. 
‘‘(b) ADDITIONAL REQUESTS.—If a notice of lien is 
discovered under subsection (a) with respect to an em-
ployee or applicant for employment, the agency may— 
‘‘(1) request that the employee or applicant exe-
cute and submit a form authorizing the Secretary of 
the Treasury to disclose to the head of the agency 
information limited to describing whether the em-
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS
ployee or applicant has a seriously delinquent tax 
debt; and 
‘‘(2) contact the Secretary of the Treasury to 
request tax information limited to describing wheth-
er the employee or applicant has a seriously delin-
quent tax debt. 
‘‘(c) AUTHORIZATION FORM.—The Secretary of the 
Treasury shall make available to all agencies a standard 
form for the authorization described in subsection (b)(1). 
‘‘(d) NEGATIVE CONSIDERATION.—The head of an 
agency, in considering an individual’s application for em-
ployment or in making an employee appraisal or evalua-
tion, shall give negative consideration to a refusal or fail-
ure to comply with a request under subsection (b)(1). 
‘‘§ 7384. Confidentiality 
‘‘Neither the head nor any other employee of an agen-
cy may— 
‘‘(1) use any information furnished under the 
provisions of this subchapter for any purpose other 
than the administration of this subchapter; 
‘‘(2) make any publication whereby the infor-
mation furnished by or with respect to any par-
ticular individual under this subchapter can be iden-
tified; or 
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS
‘‘(3) permit anyone who is not an employee of 
such agency to examine or otherwise have access to 
any such information.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 73 of title 5, United States Code, is amended by add-
ing at the end the following: 
‘‘SUBCHAPTER VIII—INELIGIBILITY OF PERSONS HAVING SERI-
OUSLY DELINQUENT TAX DEBTS FOR FEDERAL EMPLOYMENT 
‘‘7381. Definitions. 
‘‘7382. Ineligibility for employment. 
‘‘7383. Review of public records. 
‘‘7384. Confidentiality.’’. 
SEC. 3. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect 9 months after the date of enactment of this 
Act. 
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS
Union Calendar No. 24 
113TH CONGRESS 
1ST SESSION 
H. R. 249 
[Report No. 113–38, Part I] 
A BILL 
To amend title 5, United States Code, to provide 
that persons having seriously delinquent tax 
debts shall be ineligible for Federal employment. 
APRIL 12, 2013 
Reported from the Committee on Oversight and 
Government Reform 
APRIL 12, 2013 
The Committee on House Administration discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
VerDate Mar 15 2010 
22:43 Apr 12, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6651
Sfmt 6651
E:\BILLS\H249.RH
H249
sroberts on DSK5SPTVN1PROD with BILLS