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. 
Be it enacted by the Senate and House of Representa-
tives 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 2024’’. 
SEC. 2. MODIFICATION OF POWERS AND FUNCTIONS OF 
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 by inserting after 
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the 1st sentence the following: ‘‘Notwithstanding clause 
(C) of the preceding sentence, the Bank may guarantee, 
insure, or extend credit or participate in the extension of 
credit in connection with any purchase of, or work associ-
ated with the development of, civil nuclear reactors, the 
export of which 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.’’. 
SEC. 3. EXPANSION OF PROGRAM ON CHINA AND TRANS-
FORMATIONAL 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 reactors, including 
equipment, material, technologies, informa-
tion, and related goods and services.’’. 
SEC. 4. NUCLEAR LIABILITY COVERAGE. 
Section 2 of the Export-Import Bank Act of 1945 
(12 U.S.C. 635) is amended by adding at the end the fol-
lowing: 
‘‘(m) NUCLEAR LIABILITY COVERAGE.— 
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‘‘(1) IN GENERAL.—If there is a claim deter-
mination, the Secretary of the Treasury shall, sub-
ject to paragraph (2), pay the claim determination 
and any related costs from the general fund of the 
Treasury, if— 
‘‘(A) the damage is determined to have re-
sulted from a nuclear incident at a nuclear fa-
cility that received financial support from the 
Bank; and 
‘‘(B) the country in which the nuclear fa-
cility is located was a party to the Convention 
on Supplementary Compensation for Nuclear 
Damage at the time of the initial disbursement 
of the financial support. 
‘‘(2) MAXIMUM
AMOUNT.—Any claim deter-
mination or related costs paid under paragraph (1) 
with respect to a nuclear incident may not exceed, 
in the aggregate, the maximum amount of indem-
nification under section 170(d)(2)(B) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2210(d)(2)(B)) for 
the nuclear incident (including for this purpose, 
legal costs approved by the Bank). 
‘‘(3) PRESIDENTIAL AUTHORITY TO AUTHORIZE 
PAYMENTS.—To the extent that the aggregate 
amount of claim determinations and related costs re-
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sulting from a nuclear incident exceeds the max-
imum amount described in paragraph (2), the Presi-
dent may authorize, under such terms and condi-
tions as the President may direct, the payment of 
the claim determinations and related costs, not ex-
ceeding an additional aggregate amount equal to the 
amount set forth in paragraph (2), from the general 
fund of the Treasury. 
‘‘(4) CERTIFICATION TO CONGRESS.—If a pay-
ment is not authorized under paragraph (3) or the 
total amount of payments so authorized are insuffi-
cient to satisfy the aggregate amount of claim deter-
minations, the President shall certify the claim de-
terminations to the Congress for appropriation of 
the necessary funds. 
‘‘(5) INTERPRETATION.—In this subsection: 
‘‘(A) CLAIM DETERMINATION.—The term 
‘claim determination’ means a judgment against 
the Bank or settlement by the Bank resulting 
from a claim relating to nuclear damage. 
‘‘(B) NUCLEAR DAMAGE.—The term ‘nu-
clear damage’ means any of the following: 
‘‘(i) Loss of life or personal injury. 
‘‘(ii) Loss of, or damage to, property. 
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liability law of the country in which 
the nuclear incident occurs, to the ex-
tent that the loss or damage arises 
out of or results from ionizing radi-
ation emitted by any source of radi-
ation inside a nuclear installation, or 
emitted from nuclear fuel or radio-
active products or waste in, or of nu-
clear material coming from, origi-
nating in, or sent to, a nuclear instal-
lation, whether so arising from the ra-
dioactive properties of such matter, or 
from a combination of radioactive 
properties with toxic, explosive, or 
other hazardous properties of such 
matter. 
‘‘(C) NUCLEAR INCIDENT.—The term ‘nu-
clear incident’ means any occurrence or series 
of occurrences having the same origin which 
causes nuclear damage or, but only with respect 
to preventive measures, creates a grave and im-
minent threat of causing the damage.’’. 
SEC. 5. MODIFICATION OF LENDING CAP. 
(a) IN GENERAL.—Section 6(a) of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635e(a)) is amended— 
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(1) in paragraph (1), by striking ‘‘applicable 
amount.’’ and inserting ‘‘applicable amount, unless 
the aggregate amount that is in excess of the appli-
cable amount— 
‘‘(A) is attributed by the Bank to loans, 
guarantees, and insurance under the Program 
on China and Transformational Exports pursu-
ant 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 in-
serting ‘‘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, GUAR-
ANTEES, 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) of this subsection without 
regard to the date on which the Bank issued such 
loan, guarantee, or insurance.’’. 
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(b) 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 per-
cent’’ and inserting ‘‘4 percent’’; 
(3) in paragraph (5)— 
(A) in the header, by striking ‘‘2’’ and in-
serting ‘‘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
TRANS-
FORMATIONAL 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) of this subsection equaling or 
exceeding 4 percent, the Bank may exclude such fi-
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nancing, subject to the approval of the Board of Di-
rectors.’’. 
Æ 
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