119-s-4308119th CongressWALLET

A bill to prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt.

Sponsored By: Senator Kennedy, John [R-LA]

Introduced

Summary

Would bar Export-Import Bank financing to any person or project participant with seriously delinquent federal tax debt. It also sets how delinquency is checked and creates a narrow presidential waiver that must be reported to Congress.

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  • Businesses seeking Export-Import Bank financing would be ineligible if they have seriously delinquent federal tax debt. This blocks access to EXIM-backed financing for debtors.
  • Projects and deals could lose financing if any participating person has such tax debt, which can affect multi-party contracts and partnerships.
  • The Bank would determine delinquency using the System for Award Management and data-analytical approaches in consultation with the Commissioner of Internal Revenue. The President may waive the ban for urgent national interests but must report the rationale to the Senate Banking Committee and the House Financial Services Committee within 30 days.
  • The bill defines "seriously delinquent tax debt" as an assessed federal tax liability subject to levy or court collection and excludes debts on timely installment agreements (section 6159), offers in compromise (section 7122), pending collection due process or relief requests (section 6330 and section 6015), continuous levies in employment contexts (section 6331), and levies released under section 6343(a)(1)(D).

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

No Ex-Im financing for tax-delinquent businesses

If enacted, the bill would bar the Export-Import Bank from providing financing to any person who has "seriously delinquent tax debt." It would also bar financing for any project if any project participant has such debt. The Bank would determine delinquency using the System for Award Management (SAM), data-analytical approaches, and consultation with the Commissioner of Internal Revenue. "Seriously delinquent tax debt" would mean an assessed federal tax liability that the IRS can collect by levy or court, but the bill would exclude debts being paid under an installment agreement (section 6159) or an offer-in-compromise (section 7122); debts with a pending collection due process hearing (section 6330) or certain relief requests under section 6015(a),(b),(f); debts subject to a continuous levy under section 6331 (including when an employment applicant agrees to such a levy); and debts with levies released under section 6343(a)(1)(D). The President could waive the prohibition for urgent and compelling circumstances affecting U.S. interests, but would have to send a report with the rationale and supporting information to the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial Services within 30 days. If enacted, the rule would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Kennedy, John [R-LA]

LA • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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