[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)