    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1193-1212]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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: * * *

    [[Page 1194]]

    performance of the proposed agreement will promote, and will not
    constitute an unreasonable risk to, the common defense and security;
      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

      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
    resolution in writing waive the conditions of all or any portion of such
    thirty-day period; and

    [[Page 1195]]

    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 procedures
    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

      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.

    [[Page 1196]]

    ment of the United States-India Nuclear Cooperation Approval and
    Nonproliferation Enhancement Act (sec. 101(c), P.L. 110-369).

      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
    enact

                           export licensing procedures

                                [42 U.S.C. 2155]

      Sec. 126. export licensing procedures.--

      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 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-- * * *

    [[Page 1197]]

    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]: * * *

      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

      b. * * * (2) * * * If, after receiving the proposed license
    application and reviewing the Commission's decision, the 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: * * *

      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].

    [[Page 1198]]

      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]

      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 authorization 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.

      (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 1199]]

    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.

      (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

      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.

    [[Page 1200]]

                                      * * *

                         congressional review procedures

                                [42 U.S.C. 2159]

      Sec. 130. congressional review procedures.--

      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 Affairs 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.

      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 1201]]

    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.
      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

      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

    [[Page 1202]]

            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

            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.'',

    [[Page 1203]]

    ative or negative phrase within the parenthetical appropriately
    selected.
      with the date of the transmission of the proposed agreement for
    cooperation inserted in the blank, and the affirm

      (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
    introduced (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.

      (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.

    [[Page 1204]]

    the joint resolution or of any other joint resolution introduced with
    respect to the same matter.
      (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

      (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 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.

      (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

    [[Page 1205]]

            of the Senate, but any such commit

            ment 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. 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

     congressional review and oversight of agreements with iran relating to
            U.S.C. 2159] for the 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

    [[Page 1206]]

            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

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

              (3) limitation on actions during initial 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

    [[Page 1207]]

            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

            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

    [[Page 1208]]

            breach and, if there is such a material breach, wheth

            er 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

            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

    [[Page 1209]]

                    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

                    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

    [[Page 1210]]

                    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

                    qualifying legislation 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

    [[Page 1211]]

                    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

                    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

    [[Page 1212]]

            Finance, the Committee on Bank

            ing, 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 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.

                                      * * *

      The House adopted a simple resolution asserting that the President had
    failed to properly submit the agreement under section 135(a)(1)(A)
    (Sept. 10, 2015, p. 13958).

                                                              Sec. 1130(11A)