[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)