    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
    [115th Congress]
    [House Document 114-192]
    [Legislate Procedures Enacted in Law]
    [Pages 1169-1171]
    [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 1170]]

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

    [[Page 1171]]

      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 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,

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

                                                                Sec. 1130(8)