I 

118TH CONGRESS 

2D SESSION H. R. 10323 

To modify the prohibition on financing in the Export-Import Bank of the 

United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2024 

Mr. NICKEL (for himself and Mr. CLYBURN) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To modify the prohibition on financing in the Export-Import 

Bank of the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Nuclear Export 

5 Act of 2024’’. 

6 SEC. 2. MODIFICATION OF POWERS AND FUNCTIONS OF 

7 THE EXPORT-IMPORT BANK OF THE UNITED 

8 STATES. 

9 Section 2(b)(5) of the Export-Import Bank Act of 

10 1945 (12 U.S.C. 635(b)(5)) is amended by inserting after 


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1 the 1st sentence the following: ‘‘Notwithstanding clause 

2 (C) of the preceding sentence, the Bank may guarantee, 

3 insure, or extend credit or participate in the extension of 

4 credit in connection with any purchase of, or work associ5 ated with the development of, civil nuclear reactors, the 

6 export of which is otherwise permitted under an agreement 

7 made in accordance with section 123 of the Atomic Energy 

8 Act of 1954 (42 U.S.C. 2153) or any other applicable law 

9 of the United States.’’. 

10 SEC. 3. EXPANSION OF PROGRAM ON CHINA AND TRANS11 FORMATIONAL EXPORTS. 

12 Section 2(l)(1)(B) of the Export-Import Bank Act of 

13 1945 (12 U.S.C. 635(l)(1)(B)) is amended— 

14 (1) by redesignating clause (xi) as clause (xii); 

15 and 

16 (2) by inserting after clause (x) the following: 

17 ‘‘(xi) Civil nuclear reactors, including 

18 equipment, material, technologies, informa19 tion, and related goods and services.’’. 

20 SEC. 4. NUCLEAR LIABILITY COVERAGE. 

21 Section 2 of the Export-Import Bank Act of 1945 

22 (12 U.S.C. 635) is amended by adding at the end the fol23 lowing: 

24 ‘‘(m) NUCLEAR LIABILITY COVERAGE.— 


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1 ‘‘(1) IN GENERAL.—If there is a claim deter2 mination, the Secretary of the Treasury shall, sub3 ject to paragraph (2), pay the claim determination 

4 and any related costs from the general fund of the 

5 Treasury, if— 

6 ‘‘(A) the damage is determined to have re7 sulted from a nuclear incident at a nuclear fa8 cility that received financial support from the 

9 Bank; and 

10 ‘‘(B) the country in which the nuclear fa11 cility is located was a party to the Convention 

12 on Supplementary Compensation for Nuclear 

13 Damage at the time of the initial disbursement 

14 of the financial support. 

15 ‘‘(2) MAXIMUM AMOUNT.—Any claim deter16 mination or related costs paid under paragraph (1) 

17 with respect to a nuclear incident may not exceed, 

18 in the aggregate, the maximum amount of indem19 nification under section 170(d)(2)(B) of the Atomic 

20 Energy Act of 1954 (42 U.S.C. 2210(d)(2)(B)) for 

21 the nuclear incident (including for this purpose, 

22 legal costs approved by the Bank). 

23 ‘‘(3) PRESIDENTIAL AUTHORITY TO AUTHORIZE

24 PAYMENTS.—To the extent that the aggregate 

25 amount of claim determinations and related costs reVerDate Sep 11 2014 22:20 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10323.IH H10323

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1 sulting from a nuclear incident exceeds the max2 imum amount described in paragraph (2), the Presi3 dent may authorize, under such terms and condi4 tions as the President may direct, the payment of 

5 the claim determinations and related costs, not ex6 ceeding an additional aggregate amount equal to the 

7 amount set forth in paragraph (2), from the general 

8 fund of the Treasury. 

9 ‘‘(4) CERTIFICATION TO CONGRESS.—If a pay10 ment is not authorized under paragraph (3) or the 

11 total amount of payments so authorized are insuffi12 cient to satisfy the aggregate amount of claim deter13 minations, the President shall certify the claim de14 terminations to the Congress for appropriation of 

15 the necessary funds. 

16 ‘‘(5) INTERPRETATION.—In this subsection: 

17 ‘‘(A) CLAIM DETERMINATION.—The term 

18 ‘claim determination’ means a judgment against 

19 the Bank or settlement by the Bank resulting 

20 from a claim relating to nuclear damage. 

21 ‘‘(B) NUCLEAR DAMAGE.—The term ‘nu22 clear damage’ means any of the following: 

23 ‘‘(i) Loss of life or personal injury. 

24 ‘‘(ii) Loss of, or damage to, property. 


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1 ‘‘(iii) To the extent determined by the 

2 relevant court, any of the following: 

3 ‘‘(I) Economic loss arising from 

4 loss or damage referred to in clause 

5 (i) or (ii), insofar as not included in 

6 those clauses, if incurred by a person 

7 entitled to claim in respect of the loss 

8 or damage. 

9 ‘‘(II) The costs of measures to 

10 reinstate impaired environment, un11 less the impairment is insignificant, if 

12 the measures are actually taken or to 

13 be taken, and insofar as not included 

14 in clause (ii). 

15 ‘‘(III) Loss of income deriving 

16 from an economic interest in any use 

17 or enjoyment of the environment, in18 curred as a result of significant im19 pairment of the environment, and in20 sofar as not included in clause (ii). 

21 ‘‘(IV) The costs of preventive 

22 measures, and further loss or damage 

23 caused by the measures. 

24 ‘‘(V) Any other economic loss, if 

25 permitted by the general law on civil 


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1 liability law of the country in which 

2 the nuclear incident occurs, to the ex3 tent that the loss or damage arises 

4 out of or results from ionizing radi5 ation emitted by any source of radi6 ation inside a nuclear installation, or 

7 emitted from nuclear fuel or radio8 active products or waste in, or of nu9 clear material coming from, origi10 nating in, or sent to, a nuclear instal11 lation, whether so arising from the ra12 dioactive properties of such matter, or 

13 from a combination of radioactive 

14 properties with toxic, explosive, or 

15 other hazardous properties of such 

16 matter. 

17 ‘‘(C) NUCLEAR INCIDENT.—The term ‘nu18 clear incident’ means any occurrence or series 

19 of occurrences having the same origin which 

20 causes nuclear damage or, but only with respect 

21 to preventive measures, creates a grave and im22 minent threat of causing the damage.’’. 

23 SEC. 5. MODIFICATION OF LENDING CAP. 

24 (a) IN GENERAL.—Section 6(a) of the Export-Import 

25 Bank Act of 1945 (12 U.S.C. 635e(a)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘applicable 

2 amount.’’ and inserting ‘‘applicable amount, unless 

3 the aggregate amount that is in excess of the appli4 cable amount— 

5 ‘‘(A) is attributed by the Bank to loans, 

6 guarantees, and insurance under the Program 

7 on China and Transformational Exports pursu8 ant to section 2(l); and 

9 ‘‘(B) does not exceed $50,000,000,000.’’; 

10 (2) in paragraph (3)— 

11 (A) in the header, by striking ‘‘2’’ and in12 serting ‘‘4’’; and 

13 (B) by striking ‘‘2 percent’’ each place it 

14 appears and inserting ‘‘4 percent’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(5) AUTHORITY TO ATTRIBUTE LOANS, GUAR17 ANTEES, AND INSURANCE.—The Bank may attribute 

18 any loan, guarantee, or insurance issued under the 

19 Program on China and Transformational Exports 

20 pursuant to section 2(l) toward the aggregate 

21 amount that is in excess of the applicable amount 

22 described in paragraph (1) of this subsection without 

23 regard to the date on which the Bank issued such 

24 loan, guarantee, or insurance.’’. 


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1 (b) MODIFICATION OF MONITORING OF DEFAULT

2 RATES.—Section 8(g) of the Export-Import Bank Act of 

3 1945 (12 U.S.C. 635g(g)) is amended— 

4 (1) in paragraph (3), by striking ‘‘2 percent’’ 

5 each place it appears and inserting ‘‘4 percent’’; 

6 (2) in paragraph (4)(B), by striking ‘‘2 per7 cent’’ and inserting ‘‘4 percent’’; 

8 (3) in paragraph (5)— 

9 (A) in the header, by striking ‘‘2’’ and in10 serting ‘‘4’’; and 

11 (B) by striking ‘‘2 percent’’ and inserting 

12 ‘‘4 percent’’; 

13 (4) in paragraph (6), by striking ‘‘2 percent’’ 

14 and inserting ‘‘4 percent’’; and 

15 (5) by adding at the end the following: 

16 ‘‘(7) EXCLUSION OF TRANSACTIONS RELATING

17 TO THE PROGRAM ON CHINA AND TRANS18 FORMATIONAL EXPORTS.—For the purposes of this 

19 subsection, if financing provided under the Program 

20 on China and Transformational Exports pursuant to 

21 section 2(l) results in the default rate calculated 

22 under paragraph (1) of this subsection equaling or 

23 exceeding 4 percent, the Bank may exclude such fiVerDate Sep 11 2014 22:20 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H10323.IH H10323

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1 nancing, subject to the approval of the Board of Di2 rectors.’’. 

Æ 


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