[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5254 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5254

 To modify the prohibition on financing of civil nuclear energy by the 
    Export-Import Bank of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2026

 Mr. Risch (for himself and Mr. Warner) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To modify the prohibition on financing of civil nuclear energy by the 
    Export-Import Bank of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Nuclear Export Act of 2026''.

SEC. 2. MODIFICATION OF PROHIBITION ON FINANCING OF NUCLEAR FACILITIES.

    Section 2(b)(5) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)(5)) is amended, in the first sentence, by inserting ``, except 
any such purchase that is otherwise permitted under an agreement made 
in accordance with section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153) or any other applicable law of the United States'' after 
``reprocessing facility''.

SEC. 3. EXPANSION OF PROGRAM ON CHINA AND TRANSFORMATIONAL EXPORTS.

    Section 2(l)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(l)(1)(B)) is amended--
            (1) by redesignating clause (xi) as clause (xii); and
            (2) by inserting after clause (x) the following:
                            ``(xi) Civil nuclear energy technologies, 
                        materials, services, and related infrastructure 
                        and goods.''.

SEC. 4. MODIFICATION OF LENDING CAP.

    Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635e(a)) is amended--
            (1) in paragraph (1), by striking ``applicable amount.'' 
        and inserting ``applicable amount, unless the aggregate amount 
        that is in excess of the applicable amount--
                    ``(A) is attributed by the Bank to loans, 
                guarantees, and insurance under the Program on China 
                and Transformational Exports pursuant to section 2(l); 
                and
                    ``(B) does not exceed $50,000,000,000.'';
            (2) in paragraph (3)--
                    (A) in the header, by striking ``2'' and inserting 
                ``4''; and
                    (B) by striking ``2 percent'' each place it appears 
                and inserting ``4 percent''; and
            (3) by adding at the end the following:
            ``(5) Authority to attribute loans, guarantees, and 
        insurance.--The Bank may attribute any loan, guarantee, or 
        insurance issued under the Program on China and 
        Transformational Exports pursuant to section 2(l) toward the 
        aggregate amount that is in excess of the applicable amount 
        described in paragraph (1) without regard to the date on which 
        the Bank issued such loan, guarantee, or insurance.''.

SEC. 5. MODIFICATION OF MONITORING OF DEFAULT RATES.

    Section 8(g) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635g(g)) is amended by adding at the end the following:
            ``(7) Exclusion of transactions relating to the program on 
        china and transformational exports.--For the purposes of this 
        subsection, if financing provided under the Program on China 
        and Transformational Exports pursuant to section 2(l) results 
        in the default rate calculated under paragraph (1) equaling or 
        exceeding 4 percent, the Bank may exclude such financing, 
        subject to the approval of the Board of Directors.''.
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