    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Legislate Procedures Enacted in Law]
    [Pages 1142-1154]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    10. Atomic Energy Act Provisions on Nuclear Non-Proliferation [42 U.S.C

                                    2153-60]

                         cooperation with other nations

                                [42 U.S.C. 2153]

      Sec. 123. cooperation with other nations.--

      No cooperation with any nation, group of nations or regional defense
    organization pursuant to section 53, 54a., 57, 64, 82, 91, 103, 104, or
    144 [42 U.S.C. 2073, 2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or
    2164] shall be undertaken until--

      a. the proposed agreement for cooperation has been submitted to the
    President, which proposed agreement shall include the terms, conditions,
    duration, nature, and scope of the cooperation; and shall include the
    following requirements: * * *

      b. the President has submitted text of the proposed agreement for
    cooperation (except an agreement arranged pursuant to subsection 91(c),
    144(b), 144(c), or 144(d) [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)], together with the accompanying unclassified Nuclear
    Proliferation Assessment Statement, to the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of the
    House of Representatives, the President has consulted with such
    Committees for a period of not less than thirty days of continuous
    session (as defined in section 130 [42 U.S.C. 2159]) concerning the
    consistency of the terms of the proposed agreement with all the
    requirements of this chapter, and the President has approved and
    authorized the execution of the proposed agreement for cooperation and
    has made a determination in writing that the performance of the proposed
    agreement will promote, and will not constitute an unreasonable risk to,
    the common defense and security;

    [[Page 1143]]

    resolution in writing waive the conditions of all or any portion
    of such thirty-day period; and
      c. the proposed agreement for cooperation (if not an agreement subject
    to subsection d.), together with the approval and determination of the
    President, has been submitted to the Committee on Foreign Affairs of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate for a period of thirty days of continuous session (as defined in
    subsection 130g. [42 U.S.C. 2159(g)]): Provided, however, That these
    committees, after having received such agreement for cooperation, may by

    [[Page 1144]]

    dures set
    forth in section 130(i) of this Act [42 U.S.C. 2159(i)].
      d. the proposed agreement for cooperation (if arranged pursuant to
    subsection 91c., 144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b),
    2164(c), or 2164(d)], or if entailing implementation of section 53,
    54a., 103, or 104 [42 U.S.C. 2073, 2074(a), 2133, or 2134] in relation
    to a reactor that may be capable of producing more than five thermal
    megawatts or special nuclear material for use in connection therewith)
    has been submitted to the Congress, together with the approval and
    determination of the President, for a period of sixty days of continuous
    session (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])
    and referred to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    and in addition, in the case of a proposed agreement for cooperation
    arranged pursuant to subsection 91c., 144b., 144c., or 144d. [42 U.S.C.
    2121(c), 2164(b), 2164(c), or 2164(d)], the Committee on Armed Services
    of the House of Representatives and the Committee on Armed Services of
    the Senate, but such proposed agreement for cooperation shall not become
    effective if during such sixty-day period the Congress adopts and there
    is enacted, a joint resolution stating in substance that the Congress
    does not favor the proposed agreement for cooperation: Provided, That
    the sixty-day period shall not begin until a Nuclear Proliferation
    Assessment Statement prepared by the Secretary of State, and any annexes
    thereto, when required by subsection a., have been submitted to the
    Congress. Provided further, That an agreement for cooperation exempted
    by the President pursuant to subsection (a) of this section from any
    requirement contained in that subsection or an agreement exempted
    pursuant to section 104(a)(1) of the Henry J. Hyde United States-India
    Peaceful Atomic Energy Cooperation Act of 2006, shall not become
    effective unless the Congress adopts, and there is enacted, a joint
    resolution stating that the Congress does favor such agreement. During
    the sixty-day period the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate
    shall each hold hearings on the proposed agreement for cooperation and
    submit a report to their respective bodies recommending whether it
    should be approved or disapproved. Any such proposed agreement for
    cooperation shall be considered pursuant to the proce

      Following submission of a proposed agreement for co-operation (except
    an agreement for cooperation arranged pursuant to subsection 91c.,
    144b., 144c., or 144d. [42 U.S.C. 2121(c), 2164(b), 2164(c), or
    2164(d)]) to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the Senate,
    the Nuclear Regulatory Commission, the Department of State, the
    Department of Energy, and the Department of Defense shall, upon the
    request of either of those committees, promptly furnish to those
    committees their views as to whether the safeguards and other controls
    contained therein provide an adequate framework to ensure that any
    exports as contemplated by such agreement will not be inimical to or
    constitute an unreasonable risk to the common defense and security.

      If, after March 10, 1978, the Congress fails to disapprove a proposed
    agreement for cooperation which exempts the recipient nation from the
    requirement set forth in subsection a.(2), such failure to act shall
    constitute a failure to adopt a resolution of disapproval pursuant to
    subsection 128b.(3) [42 U.S.C. 2157(b)(3)] for purposes of the
    Commission's consideration of applications and requests under section
    126a.(2) [42 U.S.C. 2155(a)(2)] and there shall be no congressional
    review pursuant to section 128 [42 U.S.C. 2157] of any subsequent
    license or authorization with respect to that until the first such
    license or authorization which is issued after twelve months from the
    elapse of the sixty-day period in which the agreement for cooperation in
    question is reviewed by the Congress.

      The authority of the President to exempt certain agreements with India
    under the Henry J. Hyde United States-India Peaceful Atomic Energy
    Cooperation Act of 2006 (sec. 104(f), P.L. 109-401) terminated upon
    enactment of the United States-India Nuclear Cooperation Approval and
    Nonproliferation Enhancement Act (sec. 101(c), P.L. 110-369).

                           export licensing procedures

                                [42 U.S.C. 2155]

      Sec. 126. export licensing procedures.--

    [[Page 1145]]

    material by the Department of Energy under
    sections 54, 64, or 82 [42 U.S.C. 2074, 2094, 2112], for which a license
    is required or requested, and no exemption from any requirement for such
    an export license may be granted by the Commission, as the case may be,
    until-- * * *

      a. No license may be issued by the Nuclear Regulatory Commission (the
    ``Commission'') for the export of any production or utilization
    facility, or any source material or special nuclear material, including
    distributions of any

      Provided, That continued cooperation under an agreement for
    cooperation as authorized in accordance with section 124 of this Act [42
    U.S.C. 2154] shall not be prevented by failure to meet the provisions of
    paragraph (4) or (5) of section 127 [42 U.S.C. 2156(4) or (5)] for a
    period of thirty days after March 10, 1978, and for a period of twenty-
    three months thereafter if the Secretary of State notifies the
    Commission that the nation or group of nations bound by the relevant
    agreement has agreed to negotiations as called for in section 404(a) of
    the Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2153c(a)]; however,
    nothing in this subsection shall be deemed to relinquish any rights
    which the United States may have under agreements for cooperation in
    force on the date of enactment of this section: Provided further, That
    if, upon the expiration of such twenty-month period, the President
    determines that failure to continue cooperation with any group of
    nations which has been exempted pursuant to the above proviso from the
    provisions of paragraph (4) or (5) of section 127 of this Act [42 U.S.C.
    2156(4) or (5)], but which has not yet agreed to comply with those
    provisions would be seriously prejudicial to the achievement of United
    States non-proliferation objectives or otherwise jeopardize the common
    defense and security, he may, after notifying the Congress of his
    determination, extend by Executive order the duration of the above
    proviso for a period of twelve months, and may further extend the
    duration of such proviso by one year increments annually thereafter if
    he again makes such determination and so notifies the Congress. In the
    event that the Committee on Foreign Affairs of the House of
    Representatives or the Committee on Foreign Relations of the Senate
    reports a joint resolution to take any action with respect to any such
    extension, such joint resolution will be considered in the House or
    Senate, as the case may be, under procedures identical to those provided
    for the consideration of resolutions pursuant to section 130 of this Act
    [42 U.S.C. 2159]: * * *

    [[Page 1146]]

    President
    determines that withholding the proposed export would be seriously
    prejudicial to the achievement of United States non-proliferation
    objectives, or would otherwise jeopardize the common defense and
    security, the proposed export may be authorized by Executive order:
    Provided, That prior to any such export, the President shall submit the
    Executive order, together with his explanation of why, in light of the
    Commission's decision, the export should nonetheless be made, to the
    Congress for a period of sixty days of continuous session (as defined in
    subsection 130g. [42 U.S.C. 2159(g)]) and shall be referred to the
    Committee on Foreign Affairs of the House of Representatives and the
    Committee on Foreign Relations of the Senate, but any such proposed
    export shall not occur if during such sixty-day period the Congress
    adopts a concurrent resolution stating in substance that it does not
    favor the proposed export. Any such Executive order shall be considered
    pursuant to the procedures set forth in section 130 of this Act [42
    U.S.C. 2159] for the consideration of Presidential submissions: * * *

      b. * * * (2) * * * If, after receiving the proposed license
    application and reviewing the Commission's decision, the

      c. In the event that the House of Representatives or the Senate passes
    a joint resolution which would adopt one or more additional export
    criteria, or would modify any existing criteria under this Act, any such
    joint resolution shall be referred in the other House to the Committee
    on Foreign Relations of the Senate or the Committee on Foreign Affairs
    of the House of Representatives, as the case may be, and shall be
    considered by the other House under applicable procedures provided for
    the consideration of resolutions pursuant to section 130 of this Act [42
    U.S.C. 2159].

      Subsection b.(2) should be read in light of INS v. Chadha, 462 U.S.
    919 (1983).

                   additional export criterion and procedures

                                [42 U.S.C. 2157]

    [[Page 1147]]

    ization with respect to such state
    is submitted to the Congress (together with a detailed assessment of the
    reasons underlying the President's determination, the judgment of the
    executive branch required under section 126 of this Act [42 U.S.C.
    2155], and any Commission opinion and views) for a period of sixty days
    of continuous session (as defined in subsection 130g. of this Act [42
    U.S.C. 2159(g)]) and referred to the Committee on Foreign Affairs of the
    House of Representatives and the Committee on Foreign Relations of the
    Senate, but such export shall not occur if during such sixty-day period
    the Congress adopts a concurrent resolution stating in substance that
    the Congress does not favor the proposed export. Any such license or
    authorization shall be considered pursuant to the procedures set forth
    in section 130 of this Act [42 U.S.C. 2159] for the consideration of
    Presidential submissions.
      Sec. 128. additional export criterion and procedures.-- * * * b. * * *
    (1) * * * Provided, That no such export of any production or utilization
    facility or of any source or special nuclear material (intended for use
    as fuel in any production or utilization facility) which has been
    licensed or authorized pursuant to this subsection shall be made to any
    non-nuclear-weapon state which has failed to meet such criterion until
    the first such license or author

      (2) If the Congress adopts a resolution of disapproval pursuant to
    paragraph (1), no further export of materials, facilities, or technology
    specified in subsection a. shall be permitted for the remainder of that
    Congress, unless such state meets the criterion or the President
    notifies the Congress that he has determined that significant progress
    has been made in achieving adherence to such criterion by such state or
    that United States foreign policy interests dictate reconsideration and
    the Congress, pursuant to the procedure of paragraph (1), does not adopt
    a concurrent resolution stating in substance that it disagrees with the
    President's determination.

    [[Page 1148]]

      (3) If the Congress does not adopt a resolution of disapproval with
    respect to a license or authorization submitted pursuant to paragraph
    (1), the criterion set forth in subsection a. shall not be applied as an
    export criterion with respect to exports of materials, facilities and
    technology specified in subsection a. to that state: Provided, That the
    first license or authorization with respect to that state which is
    issued pursuant to this paragraph after twelve months from the elapse of
    the sixty-day period specified in paragraph (1), and the first such
    license or authorization which is issued after each twelve-month period
    thereafter, shall be submitted to the Congress for review pursuant to
    the procedures specified in paragraph (1): Provided further, That if the
    Congress adopts a resolution of disapproval during any review period
    provided for by this paragraph, the provisions of paragraph (2) shall
    apply with respect to further exports to such state.

      This provision should be read in light of INS v. Chadha, 462
    U.S. 919 (1983).

               conduct resulting in termination of nuclear exports

                                [42 U.S.C. 2158]

      Sec. 129. conduct resulting in termination of nuclear exports.--(a) No
    nuclear materials and equipment or sensitive nuclear technology shall be
    exported to--

              (1) any non-nuclear-weapon state that is found by the

            President to have, at any time after March 10, 1978,

    unless the President determines that cessation of such exports would be
    seriously prejudicial to the achievement of United States non-
    proliferation objectives or otherwise jeopardize the common defense and
    security: Provided, That prior to the effective date of any such
    determination, the President's determination, together with a report
    containing the reasons for his determination, shall be submitted to the
    Congress and referred to the Committee on Foreign Affairs of the House
    of Representatives and the Committee on Foreign Relations of the Senate
    for a period of sixty days of continuous session (as defined in
    subsection 130g. of this Act [42 U.S.C. 2159(g)]), but any such
    determination shall not become effective if during such sixty-day period
    the Congress adopts, and there is enacted, a joint resolution stating in
    substance that it does not favor the determination. Any such
    determination shall be considered pursuant to the procedures set forth
    in section 130 of this Act [42 U.S.C. 2159] for the consideration of
    Presidential submissions.

                                      * * *

                         congressional review procedures

                                [42 U.S.C. 2159]

      Sec. 130. congressional review procedures.--

    [[Page 1149]]

    fairs of
    the House of Representatives, shall each submit a report to its
    respective House on its views and recommendations respecting such
    Presidential submission together with a resolution, as defined in
    subsection f., stating in substance that the Congress approves or
    disapproves such submission, as the case may be: Provided, That if any
    such committee has not reported such a resolution at the end of such
    forty-five day period, such committee shall be deemed to be discharged
    from further consideration of such submission. If no such resolution has
    been reported at the end of such period, the first resolution, as
    defined in subsection f., which is introduced within five days
    thereafter within such House shall be placed on the appropriate calendar
    of such House.
      a. Not later than forty-five days of continuous session of Congress
    after the date of transmittal to the Congress of any submission of the
    President required by subsection 126a.(2), 126b.(2), 127b., 129,
    131a.(3), or 131f.(1)(A) of this Act [42 U.S.C. 2155(a)(2), 2155(b)(2),
    2157(b), 2158, 2160(a)(3), or 2160(f)(1)(A)], the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Af

      b. When the relevant committee or committees have reported such a
    resolution (or have been discharged from further consideration of such a
    resolution pursuant to subsection a. of this section) or when a
    resolution has been introduced and placed on the appropriate calendar
    pursuant to subsection a. of this section, as the case may be, it is at
    any time thereafter in order (even though a previous motion to the same
    effect has been disagreed to) for any Member of the respective House to
    move to proceed to the consideration of the resolution. The motion is
    highly privileged and is not debatable. The motion shall not be subject
    to amendment, or to a motion to postpone, or to a motion to proceed to
    the consideration of other business. A motion to reconsider the vote by
    which the motion is agreed to or disagreed to shall not be in order. If
    a motion to proceed to the consideration of the resolution is agreed to,
    the resolution shall remain the unfinished business of the respective
    House until disposed of.

    [[Page 1150]]

      c. Debate on the resolution, and on all debatable motions and appeals
    in connection therewith, shall be limited to not more than ten hours,
    which shall be divided equally between individuals favoring and
    individuals opposing the resolution. A motion further to limit debate is
    in order and not debatable. An amendment to a motion to postpone, or a
    motion to recommit the resolution, or a motion to proceed to the
    consideration of other business is not in order. A motion to reconsider
    the vote by which the resolution is agreed to or disagreed to shall not
    be in order. No amendment to any concurrent resolution pursuant to the
    procedures of this section is in order except as provided in subsection
    d. of this section.

      d. Immediately following (1) the conclusion of the debate on such
    concurrent resolution, (2) a single quorum call at the conclusion of
    debate if requested in accordance with the rules of the appropriate
    House, and (3) the consideration of an amendment introduced by the
    Majority Leader or his designee to insert the phrase, ``does not'' in
    lieu of the word ``does'' if the resolution under consideration is a
    concurrent resolution of approval, the vote on final approval of the
    resolution shall occur.

      e. Appeals from the decisions of the Chair relating to the application
    of the rules of the Senate or of the House of Representatives, as the
    case may be, to the procedure relating to such a resolution shall be
    decided without debate.

      f. For the purposes of subsections a. through e. of this section, the
    term ``resolution'' means a concurrent resolution of the Congress, the
    matter after the resolving clause of which is as follows: ``That the
    Congress (does or does not) favor the ___ transmitted to the Congress by
    the President on ___.'', the blank spaces therein to be appropriately
    filled, and the affirmative or negative phrase within the parenthetical
    to be appropriately selected.

      g. (1) Except as provided in paragraph (2), for the purposes of this
    section--

              (A) continuity of session is broken only by an adjournment of

            Congress sine die; and

              (B) the days on which either House is not in session because

            of an adjournment of more than three days to a day certain are

            excluded in the computation of any period of time in which

            Congress is in continuous session.

      (2) For purposes of this section insofar as it applies to section 123
    [42 U.S.C. 2153]--

              (A) continuity of session is broken only by an adjournment of

            Congress sine die at the end of a Congress; and

              (B) the days on which either House is not in session because

            of an adjournment of more than three days are excluded in the

            computation of any period of time in which Congress is in

            continuous session.

      h. This section is enacted by Congress--

              (1) as an exercise of the rulemaking power of the Senate and

            the House of Representatives, respectively, and as such they are

            deemed a part of the rules of each House, respectively, but

            applicable only with respect to the procedure to be followed in

    [[Page 1151]]

    House in the case of resolutions described by
            that

            subsection f. of this section; and they supersede other rules

            only to the extent that they are inconsistent therewith; and

              (2) with full recognition of the constitutional right of

            either House to change the rules (so far as relating to the

            procedure of that House) at any time, in the same manner and to

            the same extent as in the case of any other rule of that House.

      i. (1) For the purposes of this subsection, the term ``joint
    resolution'' means--

              (A) for an agreement for cooperation pursuant to section 123

            of this Act, a joint resolution, the matter after the resolving

            clause of which is as follows: ``That the Congress (does or does

            not) favor the proposed agreement for cooperation transmitted to

            the Congress by the President on ___.'',

              (B) for a determination under section 129 of this Act, a joint

            resolution, the matter after the resolving clause of which is as

            follows: ``That the Congress does not favor the determination

            transmitted to the Congress by the President on ___.'', or

              (C) for a subsequent arrangement under section 201 of the

            United States-India Nuclear Cooperation Approval and

            Nonproliferation Enhancement Act, a joint resolution, the matter

            after the resolving clause of which is as follows: ``That the

            Congress does not favor the subsequent arrangement to the

            Agreement for Cooperation Between the Government of the United

            States of America and the Government of India Concerning

            Peaceful Uses of Nuclear Energy that was transmitted to Congress

            by the President on September 10, 2008.'',

      with the date of the transmission of the proposed agreement for
    cooperation inserted in the blank, and the affirmative or negative
    phrase within the parenthetical appropriately selected.

    [[Page 1152]]

    troduced (by request) in the Senate by the majority leader of
    the Senate, for himself and the minority leader of the Senate, or by
    Members of the Senate designated by the majority leader and minority
    leader of the Senate. If either House is not in session on the day on
    which such an agreement for cooperation is submitted, the joint
    resolution shall be introduced in that House, as provided in the
    preceding sentence, on the first day thereafter on which that House is
    in session.
      (2) On the day on which a proposed agreement for cooperation is
    submitted to the House of Representatives and the Senate under section
    123d. [42 U.S.C. 2153(d)], a joint resolution with respect to such
    agreement for cooperation shall be introduced (by request) in the House
    by the chairman of the Committee on Foreign Affairs, for himself and the
    ranking minority member of the Committee, or by Members of the House
    designated by the chairman and ranking minority member; and shall be
    in

      (3) All joint resolutions introduced in the House of Representatives
    shall be referred to the appropriate committee or committees, and all
    joint resolutions introduced in the Senate shall be referred to the
    Committee on Foreign Relations and in addition, in the case of a
    proposed agreement for cooperation arranged pursuant to section 91c.,
    144b., or 144c. [42 U.S.C. 2121(c), 2164(b), 2164(c)], the Committee on
    Armed Services.

      (4) If the committee of either House to which a joint resolution has
    been referred has not reported it at the end of 45 days after its
    introduction (or in the case of a joint resolution related to a
    subsequent arrangement under section 201 of the United States-India
    Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15
    days after its introduction), the committee shall be discharged from
    further consideration of the joint resolution or of any other joint
    resolution introduced with respect to the same matter; except that, in
    the case of a joint resolution which has been referred to more than one
    committee, if before the end of that 45-day period (or in the case of a
    joint resolution related to a subsequent arrangement under section 201
    of the United States-India Nuclear Cooperation Approval and
    Nonproliferation Enhancement Act, 15-day period) one such committee has
    reported the joint resolution, any other committee to which the joint
    resolution was referred shall be discharged from further consideration
    of the joint resolution or of any other joint resolution introduced with
    respect to the same matter.

    [[Page 1153]]

    providing procedures for the immediate
    consideration of a joint resolution under this subsection which may be
    similar, if applicable, to the procedures set forth in section 601(b)(4)
    of the International Security Assistance and Arms Exports Control Act of
    1976.
      (5) A joint resolution under this subsection shall be considered in
    the Senate in accordance with the provisions of section 601(b)(4) of the
    International Security Assistance and Arms Export Control Act of 1976.
    For the purpose of expediting the consideration and passage of joint
    resolutions reported or discharged pursuant to the provisions of this
    subsection, it shall be in order for the Committee on Rules of the House
    of Representatives to present for consideration a resolution of the
    House of Representatives

      (6) In the case of a joint resolution described in paragraph (1), if
    prior to the passage by one House of a joint resolution of that House,
    that House receives a joint resolution with respect to the same matter
    from the other House, then--

              (A) the procedure in that House shall be the same as if no

            joint resolution had been received from the other House; but

              (B) the vote on final passage shall be on the joint resolution

            of the other House.

                             subsequent arrangements

                                [42 U.S.C. 2160]

      Sec. 131. subsequent arrangements.-- * * *

      f. (1) With regard to any subsequent arrangement under subsection a.
    (2)(E) (for the storage or disposition of irradiated fuel elements),
    where such arrangement involves a direct or indirect commitment of the
    United States for the storage or other disposition, interim or
    permanent, of any foreign spent nuclear fuel in the United States, the
    Secretary of Energy may not enter into any such subsequent arrangement,
    unless:

              (A)(i) Such commitment of the United States has been submitted

            to the Congress for a period of sixty days of continuous session

            (as defined in subsection 130g. of this Act [42 U.S.C. 2159(g)])

            and has been referred to the Committee on Foreign Affairs of the

            House of Representatives and the Committee on Foreign Relations

            of the Senate, but any such commitment shall not become

            effective if during such sixty-day period the Congress adopts a

            concurrent resolution stating in substance that it does not

            favor the commitment, any such commitment to be considered

            pursuant to the procedures set forth in section 130 of this Act

            [42 U.S.C. 2159] for the consideration of Presidential

            submissions; or (ii) if the President has submitted a detailed

            generic plan for such disposition or storage in the United

            States to the Congress for a period of sixty days of continuous

            session (as defined in subsection 130g. of this Act [42 U.S.C.

    [[Page 1154]]

    which plan has been referred to the Committee
            2159(g)]),

            on Foreign Affairs of the House of Representatives and the

            Committee on Foreign Relations of the Senate and has not been

            disapproved during such sixty-day period by the adoption of a

            concurrent resolution stating in substance that Congress does

            not favor the plan; and the commitment is subject to the terms

            of an effective plan. Any such plan shall be considered pursuant

            to the procedures set forth in section 130 of this Act [42

            U.S.C. 2159] for the consideration of Presidential submissions;

                                      * * *

                                                              Sec. 1130(11A)