S.Amdt. 2312Senate118th Congress (2023-2025)
S.Amdt. 2312
Sponsored by
Sen. Joe Manchin III (D-WV)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
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Submitted
SA 2312. Mr. MANCHIN (for himself and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 end of subtitle B of title XXXI, add the following: SEC. 3123. CIVIL NUCLEAR EXPORT ACT OF 2024. (a) Short Title.--This section may be cited as the ``Civil Nuclear Export Act of 2024''. (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.''. ______