S.Amdt. 951

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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