S. 5254

119 S5254 IS: Civil Nuclear Export Act of 2026
 U.S. Senate
 2026-08-05
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 EN
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 II  119th CONGRESS  2d Session  S. 5254  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.
1.
Short title
This Act may be cited as the   Civil Nuclear Export Act of 2026  .
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 .
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.
 .
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.
 .
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.
 .