[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
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