- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 24, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 6238. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF
THE UNITED STATES FOR PERSONS WITH SERIOUSLY
DELINQUENT TAX DEBT.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635) is amended by adding at the end the following:
“(m) Prohibition on Financing for Persons With Seriously
Delinquent Tax Debt.—
“(1) In general.—The Bank may prohibit the disbursement
of financing to any person with seriously delinquent tax debt
or for any project if any person participating in the project
has seriously delinquent tax debt.
“(2) Determinations of debt.—For purposes of paragraph
(1), the Bank shall determine if a person has seriously
delinquent tax debt—
“(A) using information available through the System for
Award Management website and data-analytical approaches; and
“(B) in consultation with the Commissioner of Internal
Revenue.
“(3) Waiver.—If the Bank imposes the prohibition
authorized by paragraph (1), the President of the United
States may waive that prohibition with respect to a person if
the President—
“(A) determines that there are urgent and compelling
circumstances significantly affecting the interests of the
United States that require the financing to be provided; and
“(B) not later than 30 days after making that
determination, submits to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report
that includes the rationale for the determination and
relevant information supporting the determination.
“(4) Seriously delinquent tax debt defined.—In this
subsection, the term `seriously delinquent tax debt'—
“(A) means a Federal tax liability that has been assessed
by the Secretary of the Treasury under the Internal Revenue
Code of 1986 and may be collected by the Secretary by levy or
by a proceeding in court; and
“(B) does not include—
“(i) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code;
“(ii) a debt with respect to which a collection due
process hearing under section 6330 of such Code, or relief
under subsection (a), (b), or (f) of section 6015 of such
Code, is requested or pending;
“(iii) a debt with respect to which a continuous levy has
been issued under section 6331 of such Code (or, in the case
of an applicant for employment, a debt with respect to which
the applicant agrees to be subject to such a levy); and
“(iv) a debt with respect to which such a levy is released
under section 6343(a)(1)(D) of such Code.”.