    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
    [117th Congress]
    [House Document 116-177]
    [Legislate Procedures Enacted in Law]
    [Pages 1194-1195]
    [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 1195]]

    tion, 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).

      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, 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 ac

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

                                                                Sec. 1130(8)