[Congressional Record Volume 169, Number 118 (Tuesday, July 11, 2023)]
[Senate]
[Pages S2320-S2321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 151. Mr. MANCHIN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of

[[Page S2321]]

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 appropriate place in title XXXI, insert the 
     following:

     SEC. ___. CIVIL NUCLEAR EXPORT ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``Civil 
     Nuclear Export Act of 2023''.
       (b) Modification of Prohibition on Financing in the Export-
     Import Bank of the United States.--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 
     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 ``(C) the purchase''.
       (c) 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 facilities, material, and 
     technologies, and related goods and services that support the 
     development of an effective nuclear energy sector.''.
       (d) Nuclear Liability Coverage.--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) Nuclear Liability Coverage.--
       ``(1) In general.--If there is a claim or judgment against 
     the Bank relating to bodily injury, death, or damage to or 
     loss of real or personal property, the Secretary of the 
     Treasury shall, subject to paragraph (2), pay, from the 
     general fund of the Treasury such claim or judgment, and 
     related costs, if--
       ``(A) such bodily injury, death, or damage to or loss of 
     real or personal property is determined in a court of 
     competent jurisdiction to have resulted from a nuclear 
     incident at a nuclear facility that received financial 
     support from the Bank; and
       ``(B) there is no applicable treaty or other arrangement 
     fully absolving the Bank of liability.
       ``(2) Maximum amount.--Any claim or judgment, and any 
     related costs paid in accordance with paragraph (1), to the 
     extent not otherwise absolved by any applicable treaty or 
     other arrangement, may not exceed the maximum amount of 
     financial protection per incident required to cover public 
     liability claims under section 170(b) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2210(b)).
       ``(3) Presidential authority to authorize payments.--If the 
     aggregate amount of claims, judgments, and related costs 
     resulting from a single nuclear incident exceeds the maximum 
     amount under paragraph (2), the President--
       ``(A) may authorize, under such terms and conditions as the 
     President may direct, the payment of such claims or 
     judgments, and costs related to such claims or judgments, 
     from any contingency funds available to the United States 
     Government; and
       ``(B) if such funds are insufficient or unavailable, shall 
     certify such claims or judgments to Congress for 
     appropriation of the necessary funds.''.
       (e) 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.''.
       (f) 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--
       (1) in paragraph (3), by striking ``2 percent'' each place 
     it appears and inserting ``4 percent'';
       (2) in paragraph (4)(B), by striking ``2 percent'' and 
     inserting ``4 percent'';
       (3) in paragraph (5)--
       (A) in the header, by striking ``2'' and inserting ``4''; 
     and
       (B) by striking ``2 percent'' and inserting ``4 percent'';
       (4) in paragraph (6), by striking ``2 percent'' and 
     inserting ``4 percent''; and
       (5) 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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