[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 114th Congress]
[114th Congress]
[House Document 113-181]
[Legislate Procedures Enacted in Law]
[Pages 1162-1181]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 1162]]
 
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 91c., 
144b., 144c., or 144d. [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 1163]]

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 1164]]

dures set forth in section 130i. 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 1165]]

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 1166]]

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 1167]]

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 1168]]


  (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 1169]]

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 1170]]

  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 1171]]

        that

        House in the case of resolutions described by 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 1172]]

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 1173]]

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 1174]]

        2159(g)]),

        which plan has been referred to the Committee 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 


 congressional review and oversight of agreements with iran relating to 
        consideration of Presidential submissions;


                       the nuclear program of iran

  Sec. 135. congressional review and oversight of agreements with 
iran.--

  (a) transmission to congress of nuclear agreements with iran and 
verification assessment with respect to such agreements.--

          (1) tranmission of agreements.--Not later than 5 calendar days 

        after reaching an agreement with Iran relating to the nuclear 

        program of Iran, the President shall transmit to the appropriate 

        congressional committees and leadership--

                  (A) the agreement, as defined in subsection (h)(1), 


                including all related materials and annexes; * * *


                                  * * *

  (b) period for review by congress of nuclear agreements with iran.--

          (1) in general.--During the 30-calendar day period following 

        transmittal by the President of an agreement pursuant to 

        subsection (a), the Committee on Foreign Relations of the Senate 

        and the Committee on Foreign Affairs of the House of 

        Representatives shall, as appropriate, hold hearings and 

        briefings and otherwise obtain information in order to fully 

        review such agreement.

          (2) exception.--The period for congressional review under 

        paragraph (1) shall be 60 calendar days if an agreement, 

        including all materials required to be transmitted to Congress 

        pursuant to subsection (a)(1), is transmitted pursuant to 


[[Page 1175]]

        subsection (a) between July 10, 2015, and September 7, 2015.

          (3) limitation on actions during intial congressional review 

        period.--Notwithstanding any other provision of law, except as 

        provided in paragraph (6), prior to and during the period for 

        transmission of an agreement in subsection (a)(1) and during the 

        period for congressional review provided in paragraph (1), 

        including any additional period as applicable under the 

        exception provided in paragraph (2), the President may not 

        waive, suspend, reduce, provide relief from, or otherwise limit 

        the application of statutory sanctions with respect to Iran 

        under any provision of law or refrain from applying any such 

        sanctions pursuant to an agreement described in subsection (a).

          (4) limitation on actions during presidential consideration of 

        a joint resolution of disapproval.--Notwithstanding any other 

        provision of law, except as provided in paragraph (6), if a 

        joint resolution of disapproval described in subsection 

        (c)(2)(B) passes both Houses of Congress, the President may not 

        waive, suspend, reduce, provide relief from, or otherwise limit 

        the application of statutory sanctions with respect to Iran 

        under any provision of law or refrain from applying any such 

        sanctions pursuant to an agreement described in subsection (a) 

        for a period of 12 calendar days following the date of such 

        passage.

          (5) limitation on actions during congressional reconsideration 

        of a joint resolution of disapproval.--Notwithstanding any other 

        provision of law, except as provided in paragraph (6), if a 

        joint resolution of disapproval described in subsection 

        (c)(2)(B) passes both Houses of Congress, and the President 

        vetoes such joint resolution, the President may not waive, 

        suspend, reduce, provide relief from, or otherwise limit the 

        application of statutory sanctions with respect to Iran under 

        any provision of law or refrain from applying any such sanctions 

        pursuant to an agreement described in subsection (a) for a 

        period of 10 calendar days following the date of the President's 

        veto.

          (6) exception.--The prohibitions under paragraphs (3) through 

        (5) do not apply to any new deferral, waiver, or other 

        suspension of statutory sanctions pursuant to the Joint Plan of 


[[Page 1176]]

        Action if that deferral, waiver, or other suspension is made--

                  (A) consistent with the law in effect on the date of 

                the enactment of the Iran Nuclear Agreement Review Act 

                of 2015; and

                  (B) not later than 45 calendar days before the 

                transmission by the President of an agreement, 

                assessment report, and certification under subsection 

                (a).

          (7) definition.--In the House of Representatives, for purposes 

        of this subsection, the terms ``transmittal,'' ``transmitted,'' 

        and ``transmission'' mean transmittal, transmitted, and 

        transmission, respectively, to the Speaker of the House of 


        Representatives.


                                  * * *

  (d) congressional oversight of iranian compliance with nuclear 
agreements.--

          (1) in general.--The President shall keep the appropriate 

        congressional committees and leadership fully and currently 

        informed of all aspects of Iranian compliance with respect to an 

        agreement subject to subsection (a).

          (2) potentially significant breaches and compliance 

        incidents.--The President shall, within 10 calendar days of 

        receiving credible and accurate information relating to a 

        potentially significant breach or compliance incident by Iran 

        with respect to an agreement subject to subsection (a), submit 

        such information to the appropriate congressional committees and 

        leadership.

          (3) material breach report.--Not later than 30 calendar days 

        after submitting information about a potentially significant 

        breach or compliance incident pursuant to paragraph (2), the 

        President shall make a determination whether such potentially 

        significant breach or compliance issue constitutes a material 

        breach and, if there is such a material breach, whether Iran has 

        cured such material breach, and shall submit to the appropriate 

        congressional committees and leadership such determination, 

        accompanied by, as appropriate, a report on the action or 

        failure to act by Iran that led to the material breach, actions 

        necessary for Iran to cure the breach, and the status of Iran's 

        efforts to cure the breach. * * *

          (6) compiance certification.--After the review period provided 

        in subsection (b), the President shall, not less than every 90 


[[Page 1177]]

        calendar days--

                  (A) determine whether the President is able to certify 

                that--

                      (i) Iran is transparently, verifiably, and fully 

                    implementing the agreement, including all related 

                    technical or additional agreements;

                      (ii) Iran has not committed a material breach with 

                    respect to the agreement or, if Iran has committed a 

                    material breach, Iran has cured the material breach;

                      (iii) Iran has not taken any action, including 

                    covert activities, that could significantly advance 

                    its nuclear weapons program; and

                      (iv) suspension of sanctions related to Iran 

                    pursuant to the agreement is--

                  (B) if the President determines he is able to make the 

                certification described in subparagraph (A), make such 

                certification to the appropriate congressional 


                committees and leadership.


                                  * * *

  (e) expedited consideration of legislation.--

          (1) initiation--

                  (A) in general--In the event the President does not 

                submit a certification pursuant to subsection (d)(6) 

                during each 90-day period following the review period 

                provided in subsection (b), or submits a determination 

                pursuant to subsection (d)(3) that Iran has materially 

                breached an agreement subject to subsection (a) and the 

                material breach has not been cured, qualifying 

                legislation introduced within 60 calendar days of such 

                event shall be entitled to expedited consideration 

                pursuant to this subsection.

                  (B) definition--In the House of Representatives, for 

                purposes of this paragraph, the terms ``submit'' and 

                ``submits'' mean submit and submits, respectively, to 


[[Page 1178]]

                the Speaker of the House of Representatives.

          (2) qualifying legislation defined--For purposes of this 

        subsection, the term ``qualifying legislation'' means only a 

        bill of either House of Congress--

                  (A) the title of which is as follows: ``A bill 

                reinstating statutory sanctions imposed with respect to 

                Iran.''; and

                  (B) the matter after the enacting clause of which is: 

                ``Any statutory sanctions imposed with respect to Iran 

                pursuant to _ that were waived, suspended, reduced, or 

                otherwise relieved pursuant to an agreement submitted 

                pursuant to section 135(a) of the Atomic Energy Act of 

                1954 are hereby reinstated and any action by the United 

                States Government to facilitate the release of funds or 

                assets to Iran pursuant to such agreement, or provide 

                any further waiver, suspension, reduction, or other 

                relief pursuant to such agreement is hereby 

                prohibited.'', with the blank space being filled in with 

                the law or laws under which sanctions are to be 

                reinstated.

          (3) introduction--During the 60-calendar day period provided 

        for in paragraph (1), qualifying legislation may be introduced--

                  (A) in the House of Representatives, by the majority 

                leader or the minority leader; and

                  (B) in the Senate, by the majority leader (or the 

                majority leader's designee) or the minority leader (or 

                the minority leader's designee).

          (4) floor consideration in house of representatives--

                  (A) reporting and discharge--If a committee of the 

                House to which qualifying legislation has been referred 

                has not reported such qualifying legislation within 10 

                legislative days after the date of referral, that 

                committee shall be discharged from further consideration 

                thereof.

                  (B) proceeding to consideration--Beginning on the 

                third legislative day after each committee to which 

                qualifying legislation has been referred reports it to 

                the House or has been discharged from further 

                consideration thereof, it shall be in order to move to 

                proceed to consider the qualifying legislation in the 

                House. All points of order against the motion are 

                waived. Such a motion shall not be in order after the 

                House has disposed of a motion to proceed on the 


[[Page 1179]]

                qualifying legisla

                tion with regard to the same agreement. The previous 

                question shall be considered as ordered on the motion to 

                its adoption without intervening motion. The motion 

                shall not be debatable. A motion to reconsider the vote 

                by which the motion is disposed of shall not be in 

                order.

                  (C) consideration--The qualifying legislation shall be 

                considered as read. All points of order against the 

                qualifying legislation and against its consideration are 

                waived. The previous question shall be considered as 

                ordered on the qualifying legislation to final passage 

                without intervening motion except two hours of debate 

                equally divided and controlled by the sponsor of the 

                qualifying legislation (or a designee) and an opponent. 

                A motion to reconsider the vote on passage of the 

                qualifying legislation shall not be in order. * * *

          (6) rules relating to senate and house of representatives--

                  (A) coordination with action by other house--If, 

                before the passage by one House of qualifying 

                legislation of that House, that House receives 

                qualifying legislation from the other House, then the 

                following procedures shall apply:

                      (i) The qualifying legislation of the other House 

                    shall not be referred to a committee.

                      (ii) With respect to qualifying legislation of the 

                    House receiving the legislation--

                  (B) treatment of a bill of other house--If one House 

                fails to introduce qualifying legislation under this 

                section, the qualifying legislation of the other House 

                shall be entitled to expedited floor procedures under 

                this section.

                  (C) treatment of companion measures--If, following 

                passage of the qualifying legislation in the Senate, the 

                Senate then receives a companion measure from the House 

                of Representatives, the companion measure shall not be 

                debatable.

                  (D) application to revenue measures--The provisions of 


[[Page 1180]]

                this paragraph shall not apply in the

                House of Representatives to qualifying legislation which 

                is a revenue measure.

  (f) rules of house of representatives and senate.--Subsection (e) is 
enacted by Congress--

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

        the House of Representatives, respectively, and as such are 

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

        applicable only with respect to the procedure to be followed in 

        that House in the case of legislation described in those 

        sections, and supersede other rules only to the extent that they 

        are inconsistent with such rules; 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.


                                  * * *

  (h) definitions.--In this section:

          (1) agreement--The term ``agreement'' means an agreement 

        related to the nuclear program of Iran that includes the United 

        States, commits the United States to take action, or pursuant to 

        which the United States commits or otherwise agrees to take 

        action, regardless of the form it takes, whether a political 

        commitment or otherwise, and regardless of whether it is legally 

        binding or not, including any joint comprehensive plan of action 

        entered into or made between Iran and any other parties, and any 

        additional materials related thereto, including annexes, 

        appendices, codicils, side agreements, implementing materials, 

        documents, and guidance, technical or other understandings, and 

        any related agreements, whether entered into or implemented 

        prior to the agreement or to be entered into or implemented in 

        the future.

          (2) appropriate congressional committees--The term 

        ``appropriate congressional committees'' means the Committee on 

        Finance, the Committee on Banking, Housing, and Urban Affairs, 

        the Select Committee on Intelligence, and the Committee on 

        Foreign Relations of the Senate and the Committee on Ways and 

        Means, the Committee on Financial Services, the Permanent Select 

        Committee on Intelligence, and the Committee on Foreign Affairs 


[[Page 1181]]

        of the House of Representatives.

          (3) appropriate congressional committees and leadership--The 

        term ``appropriate congressional committees and leadership'' 

        means the Committee on Finance, the Committee on Banking, 

        Housing, and Urban Affairs, the Select Committee on 

        Intelligence, and the Committee on Foreign Relations, and the 

        Majority and Minority Leaders of the Senate and the Committee on 

        Ways and Means, the Committee on Financial Services, the 

        Permanent Select Committee on Intelligence, and the Committee on 

        Foreign Affairs, and the Speaker, Majority Leader, and Minority 

        Leader of the House of Representatives. * * *

          (7) material breach--The term ``material breach'' means, with 

        respect to an agreement described in subsection (a), any breach 

        of the agreement, or in the case of non-binding commitments, any 

        failure to perform those commitments, that substantially--

                  (A) benefits Iran's nuclear program;

                  (B) decreases the amount of time required by Iran to 

                achieve a nuclear weapon; or

                  (C) deviates from or undermines the purposes of such 


                agreement.


                                  * * *




                                                          Sec. 1130(11A)