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Bill

S 5254

Civil Nuclear Export Act of 2026

119th Congress Introduced by Jim Risch and 1 co-sponsor

expands EXIM's scope to cover civil nuclear energy exports and tightens controls on China-related financing, including a higher exposure cap and risk safeguards.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 5254

Summary of Bill: Civil Nuclear Export Act of 2026 (S.5254)

Purpose and intent

  • Establishes modifications to the Export-Import Bank (EXIM) financing rules related to civil nuclear energy, expands the scope of EXIM’s program to include civil nuclear energy technologies and related goods, and tightens oversight on lending activity associated with China-related nuclear exports.
  • The bill is titled the Civil Nuclear Export Act of 2026.

Key provisions

1) Modifications to prohibition on financing nuclear facilities
- Amends Section 2(b)(5) of the Export-Import Bank Act of 1945.
- Adds an exception to the prohibition on financing a reprocessing facility: purchases would be allowed if otherwise permitted under an agreement under Section 123 of the Atomic Energy Act of 1954 or other applicable U.S. law.
- Effect: narrows or clarifies exceptions, potentially allowing certain nuclear facility activities to proceed under specific legal agreements.

2) Expansion of the China and Transformational Exports program
- Amends Section 2(l)(1)(B) to redesignate clause (xi) as (xii) and adds a new clause (xi).
- New clause (xi): “Civil nuclear energy technologies, materials, services, and related infrastructure and goods” to be covered under the program.
- Effect: explicitly includes civil nuclear energy technologies and associated products under the EXIM Bank’s China and Transformational Exports program.

3) Expansion of lending authority and safeguards on the China program
- Amends Section 6(a) to modify the overall lending cap and attribution rules:
- Paragraph (1): Introduces a cap where aggregate lending in excess of the applicable amount must be attributed to loans, guarantees, and insurance under the China and Transformational Exports program, and the excess amount must not exceed $50,000,000,000.
- Paragraph (3): Changes the threshold from 2 percent to 4 percent in the relevant calculation (likely related to risk, default, or exposure metrics).
- Adds new Paragraph (5): Authorizes the EXIM Bank to attribute any loan, guarantee, or insurance issued under the program toward the excess aggregate amount regardless of issuance date.
- Effect: increases transparency and flexibility in attributing and counting exposure under the China program, with a higher cap and adjusted percentage trigger.

4) Monitoring and default rates for the China program
- Amends Section 8(g) to add a new subsection (7) establishing an exclusion mechanism:
- If financing under the China and Transformational Exports program results in a default rate of 4 percent or higher (as calculated under the section’s existing framework), the Bank may exclude such financing, subject to Board of Directors approval.
- Effect: provides a safeguard allowing the Bank to withdraw or isolate higher-risk financing from performance metrics and potentially from program-wide incentives, contingent on Board approval.

Who is affected

  • U.S. Export-Import Bank (EXIM): changes in prohibitions, program scope, lending caps, attribution rules, and default-related exclusions directly affect how EXIM may finance or guarantee civil nuclear energy projects and related exports, especially those involving China.
  • Entities seeking financing for civil nuclear energy facilities, technologies, and related goods, including transactions governed by Section 123 agreements or other U.S. law.
  • Potential borrowers, project developers, suppliers, and exporters in the civil nuclear sector, particularly those linked to Chinese-funded or influenced exports under the EXIM program.

Procedural and timeline aspects

  • Introduced in the 119th Congress on August 5, 2026 by Senators Risch (and Warner), with brief sponsor and co-sponsor details.
  • Referral: Committee on Banking, Housing, and Urban Affairs.
  • No specific effective dates are listed in the text provided; proposed changes would take effect upon enactment and subsequent regulatory implementation by EXIM.

Notes on potential impact

  • Aims to strengthen U.S. government oversight and control over civil nuclear exports, especially with respect to China, by expanding coverage of the EXIM program and tightening risk management mechanisms.
  • The $50 billion cap and 4 percent thresholds indicate a calibrated approach to balancing national security considerations with financing for infrastructure and energy projects.
  • The new 4 percent exclusion threshold provides a discretionary tool for the EXIM Board to limit riskier financing activities.

Compiled from official sources — confirm details with the bill’s official record.

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