,,ii #aafth ,,congress #b;d ,session ,s4 #dhgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf 7legislative day1 ,october #ai71 #bjbj,mr4 ,paul introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to recover economic impact payments made to holders of nonimmigrant visas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,improper ,payments to ,foreigners ,act4 #b4 ,modification of eligibility rules for economic impact payments 7a7 ,prohibition on eligibility for certain holders of nonimmigrant visas 7#a7 ,modification 7,a7 ,in general ,section #fdbh7;d7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#b71 by striking the period at the end of paragraph 7#c7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#d7 any resident alien individual holding a nonimmigrant visa during the taxable year 7other than such an individual who was subsequently granted an immigrant visa before the last day of such taxable year74 4 7,b7 ,special rule for advanced refunds ,section #fdbh7;f77#b7 is amended by inserting 7determined by substituting the date of the enactment of this section for the last day of such taxable year in subsection 7d77#d77 after taxable year4 7,c7 ,conforming amendment related to members of the ,armed ,forces ,section #fdbh7;g77#c7 is amended by inserting and subsection 7d77#d7 after ,paragraph 7#a77;,b74 7#b7 ,enforcement 7,a7 ,information provided by ,department of ,homeland ,security ,upon the request of the ,secretary1 the ,secretary of ,homeland ,security shall identify for the ,secretary-- 7i7 whether an individual was granted a nonimmigrant visa for any period identified in such request1 and 7ii7 whether any individual described in clause 7i7 was subsequently granted an immigrant visa1 and the date any such visa was granted4 7,b7 ,limitation on use of information ,any information provided to the ,secretary under subparagraph 7,a7 shall only be used by the ,secretary to determine eligibility for the credit allowed under section #fdbh of the ,internal ,revenue ,code of #aihf4 7,c7 ,secretary ,for purposes of this paragraph1 the term ,secretary means the ,secretary of the ,treasury 7or the ,secretary's delegate74 7b7 ,recovery of economic impact payments 7#a7 ,review of previously paid advanced refund amounts ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall-- 7,a7 review payments of advanced refund amounts allowed under section #fdbh7;f7 of the ,internal ,revenue ,code of #aihf1 and 7,b7 identify individuals described in section #fdbh7;d77#d7 to whom such payments were made4 7#b7 ,denial of issuance of visa 7,a7 ,in general ,subchapter ,d of chapter #ge of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #gcdf4 ,prohibition of visa issuance in case of failure to repay ineligible recovery rebate refunds 7a7 ,in general ,if the ,secretary receives certification by the ,commissioner of ,internal ,revenue that an individual has an unpaid ineligible recovery rebate refund1 the ,secretary shall transmit such certification to the ,secretary of ,homeland ,security for action with respect to denial of a visa pursuant to section #baj7;a77#ab77;,f7 of the ,immigration and ,nationality ,act4 7b7 ,unpaid ineligible recovery rebate refund ,for purposes of this section1 the term unpaid ineligible recovery rebate refund means any amount treated as payment by an individual against the tax imposed by chapter #a by reason of section #fdbh7;f7 if-- 7#a7 such individual was a resident alien individual holding a nonimmigrant visa during the taxable year for which payment is treated as having been made 7other than an individual subsequently granted an immigrant visa before the date of the enactment of such section or an individual described in section #fhbd7;g77#c771 and 7#b7 such individual has not repaid the amount of any credit or refund as a result of such treatment4 7c7 ,reversal of certification 7#a7 ,in general ,in the case of an individual with respect to whom the ,commissioner makes a certification under subsection 7a71 the ,commissioner shall notify the ,secretary 7and the ,secretary shall subsequently notify the ,secretary of ,homeland ,security7 if such certification is found to be erroneous or if the unpaid ineligible recovery rebate with respect to such certification has been repaid4 7#b7 ,timing of notice ,the notification under paragraph 7#a7 shall be made as soon as practicable4 7d7 ,contemporaneous notice to individual ,the ,commissioner shall contemporaneously notify an individual of any certification under subsection 7a71 or any reversal of certification under subsection 7c71 with respect to such individual4 ,such notice shall include a description in simple and nontechnical terms of the right to bring a civil action under subsection 7e74 7e7 ,judicial ,review of ,certification 7#a7 ,in general ,after the ,commissioner notifies an individual under subsection 7d71 the taxpayer may bring a civil action against the ,united ,states in a district court of the ,united ,states1 or against the ,commissioner in the ,tax ,court1 to determine whether the certification was erroneous or whether the ,commissioner has failed to reverse the certification4 ,for purposes of the preceding sentence1 the court first acquiring jurisdiction over such an action shall have sole jurisdiction4 7#b7 ,determination ,if the court determines that such certification was erroneous1 then the court may order the ,secretary to notify the ,secretary of ,homeland ,security that such certification was erroneous4 7f7 ,delegation of ,certification ,a certification under subsection 7a7 or reversal of certification under subsection 7c7 may only be delegated by the ,commissioner of ,internal ,revenue to the ,deputy ,commissioner for ,services and ,enforcement1 or the ,commissioner of an operating division1 of the ,internal ,revenue ,service4 4 7,b7 ,authority for information sharing 7i7 ,in general ,section #fajc7k7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ae7 ,disclosure of return information to ,department of ,homeland ,security for purposes of visa issuance prohibition under section #gcdf 7,a7 ,in general ,the ,secretary shall1 upon receiving a certification described in section #gcdf1 disclose to the ,secretary of ,homeland ,security return information with respect to a taxpayer who has an unpaid ineligible recovery rebate refund described in such section4 ,such return information shall be limited to-- 7i7 the taxpayer identity information with respect to such taxpayer1 and 7ii7 the amount of such unpaid ineligible recovery rebate refund4 7,b7 ,restriction on disclosure ,return information disclosed under subparagraph 7,a7 may be used by officers and employees of the ,department of ,homeland ,security for the purposes of1 and to the extent necessary in1 carrying out the requirements of section #baj7;a77#ab77;,f7 of the ,immigration and ,nationality ,act4 4 7ii7 ,conforming amendment ,paragraph 7#d7 of section #fajc7p7 of such ,code is amended by striking or 7#aa7 each place it appears in subparagraph 7,f77ii7 and in the matter preceding subparagraph 7,a7 and inserting 7#aa71 or 7#ae74 7,c7 ,grounds for ineligibility ,section #bab7;a77#aj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#aj77 is amended by adding at the end the following3 7,f7 ,unpaid ineligible recovery rebate refund ,any alien who has been certified by the ,commissioner of ,internal ,revenue 7or designee7 as having an unpaid ineligible recovery rebate refund 7as defined in section #gcdf of the ,internal ,revenue ,code of #aihf7 and has failed to reimburse the ,united ,states ,treasury for such debt is inadmissible4 4 7,d7 ,clerical amendment ,the table of sections for subchapter ,d of chapter #ge of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #gcdf4 ,prohibition of visa issuance in case of failure to repay ineligible recovery rebate refunds4 4 7c7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the provisions of1 and amendments made by1 this section shall take effect on the date of the enactment of this ,act4 7#b7 ,eligibility ,the amendments made by subsection 7a77#a7 shall take effect as if included in section #bbja of division ,b of the ,,cares ,act4