[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Legislate Procedures Enacted in Law]
[Pages 1180-1182]
[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 1182]]

tion 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 
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 mo

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




                                                            Sec. 1130(8)