S 5254

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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.”. <all>