[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Page S3403]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 951. 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 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) 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.''.
       (e) 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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