    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
    [113rd Congress]
    [House Document 112-161]
    [Legislate Procedures Enacted in Law]
    [Pages 1145-1147]
    [From the U.S. Government Publishing Office, www.gpo.gov]

        7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--

               Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]

    [[Page 1146]]

    foreign spent nuclear fuel (including any nuclear fuel irradiated in any
    nuclear power reactor located outside of the United States and operated
    by any foreign legal entity, government or nongovernment, regardless of
    the legal ownership or control of the fuel or the reactor, and
    regardless of the origin or licensing of the fuel or the reactor, but
    not including fuel irradiated in a research reactor, and not including
    fuel irradiated in a power reactor if the President determines that (1)
    use of funds for repurchase, transportation or storage of such fuel is
    required by an emergency situation, (2) it is in the interest of the
    common defense and security of the United States to take such action,
    and (3) he notifies the Congress of the determination and action, with a
    detailed explanation and justification thereof, as soon as possible)
    unless the President formally notifies, with the report information
    specified herein, the Committee on Energy and Natural Resources of the
    Senate and the Committee on Science, Space, and Technology of the House
    of Representatives of such use of funds thirty calendar days, during
    such time as either House of Congress is in session, before the
    commitment, expenditure, or obligation of such funds: And provided
    further, That, notwithstanding any other provision of law, that none of
    the funds appropriated pursuant to this Act or any other funds made
    available to the Secretary of Energy under any other authorization or
    appropriation Act shall be used, directly or indirectly, for the
    repurchase, transportation, or storage of any such foreign spent nuclear
    fuel for storage or other disposition, interim or permanent, in the
    United States, unless the use of the funds for that specific purpose has
    been (1) previously and expressly authorized by Congress in legislation
    hereafter enacted, (2) previously and expressly authorized by a
    concurrent resolution, or (3) the President submits a plan for such use,
    with the report information specified herein, thirty days during which
    the Congress is in continuous session, as defined in the Impoundment
    Control Act of 1974, prior to such use and neither House of Congress
    approves a resolution of disapproval of the plan prior to the expiration
    of the aforementioned thirty-day period. If such a resolution of
    disapproval has been introduced, but has not been reported by the
    Committee on or before the twentieth day after transmission of the
    presidential message, a privileged motion shall be in order in the
    respective body to discharge the Committee from further consideration of
    the resolution and to provide for its immediate consideration, using

    [[Page 1147]]

    the procedures specified for consideration of an impoundment resolution
    in section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

      Sec. 107. * * * Provided, That notwithstanding any other provision of
    law, that none of the funds made available to the Secretary of Energy
    under any other authorization or appropriation Act shall be used,
    directly or indirectly, for the repurchase, transportation or storage of
    any

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

                                                                Sec. 1130(8)