[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 438-480]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 438]]
 
                       TITLE 42--THE PUBLIC HEALTH AND WELFARE

            
                Chapter 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

       385  Sec. 2153. Cooperation with other nations
                No cooperation with any nation, group of nations or 
            regional defense organization pursuant to sections 2073, 
            2074(a), 2077, 2094, 2112, 2121, 2133, 2134, or 2164 of this 
            title shall be undertaken until--
                            (a) Terms, conditions, duration, nature, 
                        scope, and other requirements of proposed 
                        agreements for cooperation; Presidential 
                        exemptions; negotiations; Nuclear Proliferation 
                        Assessment Statement

                    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 * * *

                                    * * * * * * *

                            (b) Presidential approval and authorization 
                        for execution of proposed agreements for 
                        cooperation

                    the President has submitted text of the proposed 
                    agreement for cooperation (except an agreement 
                    arranged pursuant to section 2121(c), 2164(b), 
                    2164(c), or 2164(d) of this title), 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 2159(g) of this 
                    title) 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 performance of the proposed 
                    agreement will promote, and will not constitute an 
                    unreasonable risk to, the common defense and 
                    security;
                            (c) Submittal of proposed agreements for 
                        cooperation to Congressional committees

                    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 
                    section 2159(g) of this title): 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 439]]

                            (d) Congressional action

                    the proposed agreement for cooperation (if arranged 
                    pursuant to section 2121(c), 2164(b), 2164(c), or 
                    2164(d) of this title, or if entailing 
                    implementation of section 2073, 2074(a), 2133, or 
                    2134 of this title 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 
                    section 2159(g) of this title) 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 section 2121(c), 2164(b), 
                    2164(c), or 2164(d) of this title, 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) 
                    from any requirement contained in that subsection, 
                    or an agreement exempted pursuant to section 
                    8003(a)(1) of title 22, 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 2159(i) of this title.
                Following submission of a proposed agreement for 
            cooperation (except an agreement for cooperation arranged 
            pursuant to section 2121(c), 2164(b), 2164(c), or 2164(d) of 
            this title) 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 section 2157(b)(3) of this title for 
            purposes of the Commission's consideration of applications 
            and requests under sec

[[Page 440]]

            tion 2155(a)(2) of this title and there shall be no 
            congressional review pursuant to section 2157 of this title 
            of any subsequent license or authorization with respect to 
            that state 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. (Aug. 1, 1946, ch. 
            724, Title I, Sec. 123, as added Aug. 30, 1954, ch. 1073, 
            Sec. 1, 68 Stat. 940; amended Pub. L. 85-479, Sec. Sec. 3, 
            4, July 2, 1958, 72 Stat. 277; Pub. L. 85-681, Sec. 4, Aug. 
            19, 1958, 72 Stat. 632; Pub. L. 88-489, Sec. 15, Aug. 26, 
            1964, 78 Stat. 606; Pub. L. 93-377, Sec. 5, Aug. 17, 1974, 
            88 Stat. 475; Pub. L. 93-485, Sec. 1, Oct. 26, 1974, 88 
            Stat. 1460; Pub. L. 95-242, Title IV, Sec. 401, Mar. 10, 
            1978, 92 Stat. 142; Pub. L. 99-64, Title III, Sec. 301(a), 
            (b), July 12, 1985, 99 Stat. 159, 160; renumbered Title I, 
            Pub. L. 102-486, Title IX, Sec. 902(a)(8), Oct. 24, 1992, 
            106 Stat. 2944; Pub. L. 103-337, div. C, Title XXXI, 
            Sec. 3155(c)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 103-
            437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 4592; Pub. L. 
            104-106, div. A, Title XV, Sec. 1505(g), Feb. 10, 1996, 110 
            Stat. 515; Pub. L. 105-277, div. G, Title XII, 
            Sec. 1225(d)(4), Oct. 21, 1998, 112 Stat. 2681-774; Pub. L. 
            109-401, Title I, Sec. 104(e), Dec. 18, 2006, 120 Stat. 
            2734; Pub. L. 110-369, Title II, Sec. 202, Oct. 8, 2008, 122 
            Stat. 4033.)

                                    * * * * * * *

       386  Sec. 2153c. Renegotiation of agreements for cooperation

                                    * * * * * * *

            (b) Presidential review of export agreement conditions and 
                policy goals
                The President shall annually review each of requirements 
            (1) through (9) set forth for inclusion in agreements for 
            cooperation under section 123 a. of the 1954 Act [42 U.S.C. 
            2153(a)] and the export policy goals set forth in section 
            2153b of this title to determine whether it is in the 
            interest of United States non-proliferation objectives for 
            any such requirements or export policies which are not 
            already being applied as export criteria to be enacted as 
            additional export criteria.
            (c) Presidential proposals for additional export criteria
                If the President proposes enactment of any such 
            requirements or export policies as additional export 
            criteria or to take any other action with respect to such 
            requirements or export policy goals for the purpose of 
            encouraging adherence by nations and groups of nations to 
            such requirements and policies, he shall submit such a 
            proposal together with an explanation thereof to the 
            Congress.
            (d) Congressional action
                If the Committee on Foreign Relations of the Senate or 
            the Committee on Foreign Affairs of the House of 
            Representatives, after reviewing the President's annual 
            report or any proposed legislation, determines that it is in 
            the interest of United States non-proliferation objectives 
            to take any action with respect to such requirements or 
            export policy goals, it shall report a joint resolution to 
            implement such determination. Any joint resolution so 
            reported shall be considered in the Senate and the House of 
            Representatives, respectively, under applicable procedures 
            provided for the consideration of resolutions pursuant to 
            subsection 130 b. through g. of the 1954 Act [42 U.S.C. 
            2159(b) through (g)]. (Pub.

[[Page 441]]

            L. 95-242, Title IV, Sec. 404, Mar. 10, 1978, 92 Stat. 147; 
            Pub. L. 103-437, Sec. 15(g), Nov. 2, 1994, 108 Stat. 4593.)

                                    * * * * * * *

       387  Sec. 2155. Export licensing procedures
            (a) Executive branch judgment on export applications; 
                criteria governing United States nuclear exports
                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 section 2074, 
            2094, or 2112 of this title, 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--

                                    * * * * * * *

            Provided, That continued cooperation under an agreement for 
            cooperation as authorized in accordance with section 2154 of 
            this title shall not be prevented by failure to meet the 
            provisions of paragraph (4) or (5) of section 2156 of this 
            title 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 2153c(a) of 
            this title; 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 March 10, 
            1978: Provided further, That if, upon the expiration of such 
            twenty-four 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 2156 of 
            this title, 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 
            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 2159 of this title * * *

                                    * * * * * * *

            (b) Requests to be given timely consideration; Presidential 
                review if Commission is unable to make required 
                statutory determinations; Commission review
                (1) Timely consideration shall be given by the 
            Commission to requests for export licenses and exemptions 
            and such requests shall be granted

[[Page 442]]

            upon a determination that all applicable statutory 
            requirements have been met.
                (2) If, after receiving the executive branch judgment 
            that the issuance of a proposed export license will not be 
            inimical to the common defense and security, the Commission 
            does not issue the proposed license on a timely basis 
            because it is unable to make the statutory determinations 
            required under this chapter, the Commission shall publicly 
            issue its decision to that effect, and shall submit the 
            license application to the President. The Commission's 
            decision shall include an explanation of the basis for the 
            decision and any dissenting or separate views. 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 section 2159(g) of this 
            title) 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 2159 of this title for the 
            consideration of Presidential submissions * * *

                                    * * * * * * *

            (c) Additional export criteria
                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 export criteria under this chapter, 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 2159 of 
            this title. (Aug. 1, 1946, ch. 724, Title I, Sec. 126, as 
            added Pub. L. 95-242, Title III, Sec. 304(a), Mar. 10, 1978, 
            92 Stat. 131; renumbered title I, Pub. L. 102-486, Title IX, 
            Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. 
            L. 103-437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 4592; 
            Pub. L. 105-277, div. G, Title XII, Sec. 1225(d)(5), Oct. 
            21, 1998, 112 Stat. 2681-774.)

                                    * * * * * * *

       388  Sec. 2157. Additional export criterion and procedures

                                    * * * * * * *

            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

[[Page 443]]

            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 2155 of this title, and any Commission opinion 
            and views) for a period of sixty days of continuous session 
            (as defined in section 2159(g) of this title) 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 
            2159 of this title 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.
                (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 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. (Aug. 
            1, 1946, ch. 724, Title I, Sec. 128, as added Pub. L. 95-
            242, Title III, Sec. 306, Mar. 10, 1978, 92 Stat. 137; 
            renumbered Title I, Pub. L. 102-486, Title IX, 
            Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. 
            L. 103-437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 4592.)
       389  Sec. 2158. 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 con

[[Page 444]]

            taining 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 section 
            2159(g) of this title), 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 2159 of this 
            title for the consideration of Presidential submissions. 
            (Aug. 1, 1946, ch. 724, Title I, Sec. 129, as added Pub. L. 
            95-242, Title III, Sec. 307, Mar. 10, 1978, 92 Stat. 138; 
            renumbered Title I, Pub. L. 102-486, Title IX, 
            Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. 
            L. 103-437, Sec. 15(f)(5), Nov. 2, 1994, 108 Stat. 4592; 
            Pub. L. 109-58, Title VI, Sec. 632(a), Aug. 8, 2005, 119 
            Stat. 788; Pub. L. 110-369, Title II, Sec. 203, Oct. 8, 
            2008, 122 Stat. 4033.)

                                    * * * * * * *

       390  Sec. 2159. Congressional review procedures
            (a) Committee consideration of Presidential submissions; 
                reports
                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 section 
            2155(a)(2), 2155(b)(2), 2157(b), 2158, 2160(a)(3), or 
            2160(f)(1)(A) of this title, 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) Consideration of resolution by respective Houses of 
                Congress
                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)) or when a resolution has been introduced and placed on 
            the appropriate calendar pursuant to subsection (a), 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 445]]

            (c) Debate
                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 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).
            (d) Vote on final approval
                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 decisions of Chair
                Appeals from the decisions of the Chair relating to the 
            application of the rules of the Senate or the House of 
            Representatives, as the case may be, to the procedure 
            relating to such a resolution shall be decided without 
            debate.
            (f) Resolution
                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) Continuity of Congressional sessions; computation of 
                time
                (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 2153 of this title--
                            (A) continuity of session is broken only by 
                        an adjournment of 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.

[[Page 446]]

            (h) Supersedure or change in rules
                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) Joint resolutions
                (1) For the purposes of this subsection, the term 
            ``joint resolution'' means--
                            (A) for an agreement for cooperation 
                        pursuant to section 2153 of this title, 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 2158 
                        of this title, 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.'',

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

                (2) On the day on which a proposed agreement for 
            cooperation is submitted to the House of Representatives and 
            the Senate under section 2153(d) of this title, 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.

[[Page 447]]

                (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 2121(c), 2164(b), or 2164(c) of this title, the 
            Committee on Armed Services.
                (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 the joint 
            resolution or of any other joint resolution introduced with 
            respect to the same matter.
                (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 Export Control Act of 1976.\24\
                \24\ Id.
                (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. (Aug. 
                        1, 1946, ch. 724, Title I, Sec. 130, as added 
                        Pub. L. 95-242, Title III, Sec. 308, Mar. 10, 
                        1978, 92 Stat. 139; amended Pub. L. 99-64, Title 
                        III, Sec. 301(c), July 12, 1985, 99 Stat. 160; 
                        renumbered Title I, Pub. L. 102-486, Title IX, 
                        Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; 
                        Pub. L. 103-437, Sec. 15(f)(5), Nov. 2, 1994, 
                        108 Stat. 4592; Pub. L. 110-369, Title II, 
                        Sec. 205, Oct. 8, 2008, 122 Stat. 4033.)

[[Page 448]]


       391  Sec. 2160. Subsequent arrangements

                                    * * * * * * *

            (f) Subsequent arrangements involving direct or indirect 
                commitment of United States for storage or other 
                disposition of foreign spent nuclear fuel in United 
                States
                (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 section 2159(g) of this title) and has been 
                        referred to the Committee on Foreign Affairs of 
                        the House of Representatives and the Committee 
                        on Foreign Relations of the Senate, but any such 
                        commitment 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 2159 of this 
                        title 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 section 
                        2159(g) of this title), 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 2159 of this title for the 
                        consideration of Presidential submissions; (Aug. 
                        1, 1946, ch. 724, Title I, Sec. 131, as added 
                        Pub. L. 95-242, Title III, Sec. 303(a), Mar. 10, 
                        1978, 92 Stat. 127; renumbered Title I, Pub. L. 
                        102-486, Title IX, Sec. 902(a)(8), Oct. 24, 
                        1992, 106 Stat. 2944; amended Pub. L. 103-437, 
                        Sec. 15(f)(6), Nov. 2, 1994, 108 Stat. 4592; 
                        Pub. L. 105-277, div. G, Title XII, 
                        Sec. 1225(d)(6), (7), Oct. 21, 1998, 112 Stat. 
                        2681-774.)

                                    * * * * * * *

       392  Sec. 2160e. 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) Transmission 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--

[[Page 449]]

                                (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 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 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.

[[Page 450]]

                (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 
                            May 22, 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.
            (c) Effect of congressional action with respect to nuclear 
                agreements with Iran
                (1) Sense of Congress
                            It is the sense of Congress that--

                                (A) the sanctions regime imposed on Iran 
                            by Congress is primarily responsible for 
                            bringing Iran to the table to negotiate on 
                            its nuclear program;

                                (B) these negotiations are a critically 
                            important matter of national security and 
                            foreign policy for the United States and its 
                            closest allies;

                                (C) this section does not require a vote 
                            by Congress for the agreement to commence;

                                (D) this section provides for 
                            congressional review, including, as 
                            appropriate, for approval, disapproval, or 
                            no action on statutory sanctions relief 
                            under an agreement; and

                                (E) even though the agreement may 
                            commence, because the sanctions regime was 
                            imposed by Congress and only Congress can 
                            permanently modify or eliminate that regime, 
                            it is critically important that Congress 
                            have the opportunity, in an orderly and 
                            deliberative manner, to consider and, as 
                            appropriate, take action affecting the 
                            statutory sanctions regime imposed by 
                            Congress.

                (2) In general
                            Notwithstanding any other provision of law, 
                        action involving any measure of statutory 
                        sanctions relief by the United States pursuant 
                        to an agreement subject to subsection (a) or the 
                        Joint Plan of Action--

                                (A) may be taken, consistent with 
                            existing statutory requirements for such 
                            action, if, during the period for review 
                            provided in subsection (b), there is enacted 
                            a joint resolution stating in substance that 
                            the Congress does favor the agreement;

                                (B) may not be taken if, during the 
                            period for review provided in subsection 
                            (b), there is enacted a joint resolution 
                            stating in substance that the Congress does 
                            not favor the agreement; or

                                (C) may be taken, consistent with 
                            existing statutory requirements for such 
                            action, if, following the period for review 
                            provided in subsection (b), there is not 
                            enacted any such joint resolution.

[[Page 451]]

                (3) Definition
                            For the purposes of this subsection, the 
                        phrase ``action involving any measure of 
                        statutory sanctions relief by the United 
                        States'' shall include waiver, suspension, 
                        reduction, or other effort to provide relief 
                        from, or otherwise limit the application of 
                        statutory sanctions with respect to, Iran under 
                        any provision of law or any other effort to 
                        refrain from applying any such sanctions.
            (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 breach and, if there is 
                        such a material breach, whether 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) Compliance 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--

                                          (I) appropriate and 
                                    proportionate to the specific and 
                                    verifiable measures taken by Iran 
                                    with respect to terminating its 
                                    illicit nuclear program; and

                                          (II) vital to the national 
                                    security interests of the United 
                                    States; and

[[Page 452]]

                                (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 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.

[[Page 453]]

                            (B) Proceeding to consideration

                                Beginning on the 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.

                (5) Consideration in the Senate
                            (A) Committee referral

                                Qualifying legislation introduced in the 
                            Senate shall be referred to the Committee on 
                            Foreign Relations.

                            (B) Reporting and discharge

                                If the Committee on Foreign Relations 
                            has not reported such qualifying legislation 
                            within 10 session days after the date of 
                            referral of such legislation, that committee 
                            shall be discharged from further 
                            consideration of such legislation and the 
                            qualifying legislation shall be placed on 
                            the appropriate calendar.

                            (C) Proceeding to consideration

                                Notwithstanding Rule XXII of the 
                            Standing Rules of the Senate, it is in order 
                            at any time after the committee authorized 
                            to consider qualifying legislation reports 
                            it to the Senate or has been discharged from 
                            its consideration (even though a previous 
                            motion to the same effect has been disagreed 
                            to) to move to proceed to the consideration 
                            of qualifying legislation, and all points of 
                            order against qualifying legislation (and 
                            against consideration of the qualifying 
                            legislation) are waived. The motion to 
                            proceed is not debatable. The motion is not 
                            subject to a motion to postpone. 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 qualifying legislation 
                            is agreed to, the qualifying legislation 
                            shall remain the unfinished business until 
                            disposed of.

                            (D) Debate

                                Debate on qualifying legislation, and on 
                            all debatable motions and appeals in 
                            connection therewith, shall be limited to 
                            not more than 10 hours, which shall be 
                            divided equally between the majority and 
                            minority leaders or their designees. A 
                            motion

[[Page 454]]

                            to further limit debate is in order and not 
                            debatable. An amendment to, or a motion to 
                            postpone, or a motion to proceed to the 
                            consideration of other business, or a motion 
                            to recommit the qualifying legislation is 
                            not in order.

                            (E) Vote on passage

                                The vote on passage shall occur 
                            immediately following the conclusion of the 
                            debate on the qualifying legislation and a 
                            single quorum call at the conclusion of the 
                            debate, if requested in accordance with the 
                            rules of the Senate.

                            (F) Rulings of the Chair on procedure

                                Appeals from the decisions of the Chair 
                            relating to the application of the rules of 
                            the Senate, as the case may be, to the 
                            procedure relating to qualifying legislation 
                            shall be decided without debate.

                            (G) Consideration of veto messages

                                Debate in the Senate of any veto message 
                            with respect to qualifying legislation, 
                            including all debatable motions and appeals 
                            in connection with such qualifying 
                            legislation, shall be limited to 10 hours, 
                            to be equally divided between, and 
                            controlled by, the majority leader and the 
                            minority leader or their designees.

                (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--

                                          (I) the procedure in that 
                                    House shall be the same as if no 
                                    qualifying legislation had been 
                                    received from the other House; but

                                          (II) the vote on passage shall 
                                    be on the qualifying legislation of 
                                    the other House.

                            (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 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

[[Page 455]]

                        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 Finance, 
                            the Committee on Banking, 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

[[Page 456]]

                            Committee on Foreign Affairs, and the 
                            Speaker, Majority Leader, and Minority 
                            Leader of the House of Representatives.

                                    * * * * * * *

       393  Sec. 2210. Indemnification and limitation of liability

                                    * * * * * * *

            (e) Limitation on aggregate public liability
                (1) The aggregate public liability for a single nuclear 
            incident of persons indemnified, including such legal costs 
            as are authorized to be paid under subsection (o)(1)(D), 
            shall not exceed--
                            (A) in the case of facilities designed for 
                        producing substantial amounts of electricity and 
                        having a rated capacity of 100,000 electrical 
                        kilowatts or more, the maximum amount of 
                        financial protection required of such facilities 
                        under subsection (b) (plus any surcharge 
                        assessed under subsection (o)(1)(E));
                            (B) in the case of contractors with whom the 
                        Secretary has entered into an agreement of 
                        indemnification under subsection (d), the amount 
                        of indemnity and financial protection that may 
                        be required under paragraph (2) of subsection 
                        (d); and
                            (C) in the case of all other licensees of 
                        the Commission required to maintain financial 
                        protection under this section--

                                (i) $500,000,000, together with the 
                            amount of financial protection required of 
                            the licensee; or

                                (ii) if the amount of financial 
                            protection required of the licensee exceeds 
                            $60,000,000, $560,000,000 or the amount of 
                            financial protection required of the 
                            licensee, whichever amount is more.

                (2) In the event of a nuclear incident involving damages 
            in excess of the amount of aggregate public liability under 
            paragraph (1), the Congress will thoroughly review the 
            particular incident in accordance with the procedures set 
            forth in subsection (i) and will in accordance with such 
            procedures, take whatever action is determined to be 
            necessary (including approval of appropriate compensation 
            plans and appropriation of funds) to provide full and prompt 
            compensation to the public for all public liability claims 
            resulting from a disaster of such magnitude.
                (3) No provision of paragraph (1) may be construed to 
            preclude the Congress from enacting a revenue measure, 
            applicable to licensees of the Commission required to 
            maintain financial protection pursuant to subsection (b), to 
            fund any action undertaken pursuant to paragraph (2).
                (4) With respect to any nuclear incident occurring 
            outside of the United States to which an agreement of 
            indemnification entered into under the provisions of 
            subsection (d) is applicable, such aggregate public 
            liability shall not exceed the amount of $500,000,000, 
            together with the amount of financial protection required of 
            the contractor.

                                    * * * * * * *

                (2) Not later than 90 days after any determination by a 
            court, pursuant to subsection (o), that the public liability 
            from a single nuclear incident may exceed the applicable 
            amount of aggregate public liability under subparagraph (A), 
            (B), or (C) of subsection (e)(1) the President shall submit 
            to the Congress--

[[Page 457]]

                            (A) an estimate of the aggregate dollar 
                        value of personal injuries and property damage 
                        that arises from the nuclear incident and 
                        exceeds the amount of aggregate public liability 
                        under subsection (e)(1);
                            (B) recommendations for additional sources 
                        of funds to pay claims exceeding the applicable 
                        amount of aggregate public liability under 
                        subparagraph (A), (B), or (C) of subsection 
                        (e)(1), which recommendations shall consider a 
                        broad range of possible sources of funds 
                        (including possible revenue measures on the 
                        sector of the economy, or on any other class, to 
                        which such revenue measures might be applied);
                            (C) 1 or more compensation plans, that 
                        either individually or collectively shall 
                        provide for full and prompt compensation for all 
                        valid claims and contain a recommendation or 
                        recommendations as to the relief to be provided, 
                        including any recommendations that funds be 
                        allocated or set aside for the payment of claims 
                        that may arise as a result of latent injuries 
                        that may not be discovered until a later date; 
                        and
                            (D) any additional legislative authorities 
                        necessary to implement such compensation plan or 
                        plans.
                (3)(A) Any compensation plan transmitted to the Congress 
            pursuant to paragraph (2) shall bear an identification 
            number and shall be transmitted to both Houses of Congress 
            on the same day and to each House while it is in session.
                (B) The provisions of paragraphs (4) through (6) shall 
            apply with respect to consideration in the Senate of any 
            compensation plan transmitted to the Senate pursuant to 
            paragraph (2).
                (4) No such compensation plan may be considered approved 
            for purposes of subsection (e)(2) unless between the date of 
            transmittal and the end of the first period of sixty 
            calendar days of continuous session of Congress after the 
            date on which such action is transmitted to the Senate, the 
            Senate passes a resolution described in paragraph 6 of this 
            subsection.
                (5) For the purpose of paragraph (4) of this 
            subsection--
                            (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 the sixty-day calendar period.
                (6)(A) This paragraph is enacted--
                            (i) as an exercise of the rulemaking power 
                        of the Senate and as such it is deemed a part of 
                        the rules of the Senate, but applicable only 
                        with respect to the procedure to be followed in 
                        the Senate in the case of resolutions described 
                        by subparagraph (B) and it supersedes other 
                        rules only to the extent that it is inconsistent 
                        therewith; and
                            (ii) with full recognition of the 
                        constitutional right of the Senate to change the 
                        rules at any time, in the same manner and to the 
                        same extent as in the case of any other rule of 
                        the Senate.
                (B) For purposes of this paragraph, the term 
            ``resolution'' means only a joint resolution of the Congress 
            the matter after the resolving clause of which is as 
            follows: ``That the _____ approves the compensation plan 
            numbered ___ submitted to the Congress on _____, 19__.'',

[[Page 458]]

            the first blank space therein being filled with the name of 
            the resolving House and the other blank spaces being 
            appropriately filled; but does not include a resolution 
            which specifies more than one compensation plan.
                (C) A resolution once introduced with respect to a 
            compensation plan shall immediately be referred to a 
            committee (and all resolutions with respect to the same 
            compensation plan shall be referred to the same committee) 
            by the President of the Senate.
                (D)(i) If the committee of the Senate to which a 
            resolution with respect to a compensation plan has been 
            referred has not reported it at the end of twenty calendar 
            days after its referral, it shall be in order to move either 
            to discharge the committee from further consideration of 
            such resolution or to discharge the committee from further 
            consideration with respect to such compensation plan which 
            has been referred to the committee.
                            (ii) A motion to discharge may be made only 
                        by an individual favoring the resolution, shall 
                        be highly privileged (except that it may not be 
                        made after the committee has reported a 
                        resolution with respect to the same compensation 
                        plan), and debate thereon shall be limited to 
                        not more than one hour, to be divided equally 
                        between those favoring and those opposing the 
                        resolution. An amendment to the motion shall not 
                        be in order, and it shall not be in order to 
                        move to reconsider the vote by which the motion 
                        was agreed to or disagreed to.
                            (iii) If the motion to discharge is agreed 
                        to or disagreed to, the motion may not be 
                        renewed, nor may another motion to discharge the 
                        committee be made with respect to any other 
                        resolution with respect to the same compensation 
                        plan.
                (E)(i) When the committee has reported, or has been 
            discharged from further consideration of, a resolution, it 
            shall be at any time thereafter in order (even though a 
            previous motion to the same effect has been disagreed to) to 
            move to proceed to the consideration of the resolution. The 
            motion shall be highly privileged and shall not be 
            debatable. An amendment to the motion shall not be in order, 
            and it shall not be in order to move to reconsider the vote 
            by which the motion was agreed to or disagreed to.
                (ii) Debate on the resolution referred to in clause (i) 
            of this subparagraph shall be limited to not more than ten 
            hours, which shall be divided equally between those favoring 
            and those opposing such resolution. A motion further to 
            limit debate shall not be debatable. An amendment to, or 
            motion to recommit, the resolution shall not be in order, 
            and it shall not be in order to move to reconsider the vote 
            by which such resolution was agreed to or disagreed to.
                (F)(i) Motions to postpone, made with respect to the 
            discharge from committee, or the consideration of a 
            resolution or motions to proceed to the consideration of 
            other business, shall be decided without debate.

[[Page 459]]

                (ii) Appeals from the decision of the Chair relating to 
            the application of the rules of the Senate to the procedures 
            relating to a resolution shall be decided without debate.

                                    * * * * * * *

            
                           Chapter 77--ENERGY CONSERVATION

       394  Sec. 6249c. Contracts for which implementing legislation is 
                needed
            (a) In general
                (1) In the case of contracts entered into under this 
            part, and amendments to such contracts, for which 
            implementing legislation will be needed, the Secretary may 
            transmit an implementing bill to both Houses of the 
            Congress.
                (2) In the Senate, any such bill shall be considered in 
            accordance with the provisions of this section.
                (3) For purposes of this section--
                            (A) the term ``implementing bill'' means a 
                        bill introduced in either House of Congress with 
                        respect to one or more contracts or amendments 
                        to contracts submitted to the House of 
                        Representatives and the Senate under this 
                        section and which contains--

                                (i) a provision approving such contracts 
                            or amendments, or both; and

                                (ii) legislative provisions that are 
                            necessary or appropriate for the 
                            implementation of such contracts or 
                            amendments, or both; and

                            (B) the term ``implementing revenue bill'' 
                        means an implementing bill which contains one or 
                        more revenue measures by reason of which it must 
                        originate in the House of Representatives.
            (b) Consultation
                The Secretary shall consult, at the earliest possible 
            time and on a continuing basis, with each committee of the 
            House and the Senate that has jurisdiction over all matters 
            expected to be affected by legislation needed to implement 
            any such contract.
            (c) Effective date
                Each contract and each amendment to a contract for which 
            an implementing bill is necessary may become effective only 
            if--
                            (1) the Secretary, not less than 30 days 
                        before the day on which such contract is entered 
                        into, notifies the House of Representatives and 
                        the Senate of the intention to enter into such a 
                        contract and promptly thereafter publishes 
                        notice of such intention in the Federal 
                        Register;
                            (2) after entering into the contract, the 
                        Secretary transmits a report to the House of 
                        Representatives and to the Senate containing a 
                        copy of the final text of such contract together 
                        with--

                                (A) the implementing bill, and an 
                            explanation of how the implementing bill 
                            changes or affects existing law; and

                                (B) a statement of the reasons why the 
                            contract serves the interests of the United 
                            States and why the implementing bill is 
                            required or appropriate to implement the 
                            contract; and

                            (3) the implementing bill is enacted into 
                        law.

[[Page 460]]

            (d) Rules of Senate
                Subsections (e) through (h) are enacted by the 
            Congress--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and as such they are deemed a 
                        part of the rules of the Senate but applicable 
                        only with respect to the procedure to be 
                        followed in the Senate in the case of 
                        implementing bills and implementing revenue 
                        bills described in subsection (a), and they 
                        supersede other rules only to the extent that 
                        they are inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change the 
                        rules (so far as relating to the procedure of 
                        the Senate) at any time, in the same manner and 
                        to the same extent as in the case of any other 
                        rule of the Senate.
            (e) Introduction and referral in Senate
                (1) On the day on which an implementing bill is 
            transmitted to the Senate under this section, the 
            implementing bill shall be introduced (by request) in the 
            Senate by the majority leader of the Senate, for himself or 
            herself and the minority leader of the Senate, or by Members 
            of the Senate designated by the majority leader and minority 
            leader of the Senate.
                (2) If the Senate is not in session on the day on which 
            such an agreement is submitted, the implementing bill shall 
            be introduced in the Senate, as provided in the paragraph 
            (1), on the first day thereafter on which the Senate is in 
            session.
                (3) Such bills shall be referred by the presiding 
            officer of the Senate to the appropriate committee, or, in 
            the case of a bill containing provisions within the 
            jurisdiction of two or more committees, jointly to such 
            committees for consideration of those provisions within 
            their respective jurisdictions.
            (f) Consideration of amendments to implementing bill 
                prohibited in Senate
                (1) No amendments to an implementing bill shall be in 
            order in the Senate, and it shall not be in order in the 
            Senate to consider an implementing bill that originated in 
            the House if such bill passed the House containing any 
            amendment to the introduced bill.
                (2) No motion to suspend the application of this 
            subsection shall be in order in the Senate; nor shall it be 
            in order in the Senate for the Presiding Officer to 
            entertain a request to suspend the application of this 
            subsection by unanimous consent.
            (g) Discharge in Senate
                (1) Except as provided in paragraph (3), if the 
            committee or committees of the Senate to which an 
            implementing bill has been referred have not reported it at 
            the close of the 30th day after its introduction, such 
            committee or committees shall be automatically discharged 
            from further consideration of the bill, and it shall be 
            placed on the appropriate calendar.
                (2) A vote on final passage of the bill shall be taken 
            in the Senate on or before the close of the 15th day after 
            the bill is reported by the committee or committees to which 
            it was referred or after such committee or committees have 
            been discharged from further consideration of the bill.

[[Page 461]]

                (3) The provisions of paragraphs (1) and (2) shall not 
            apply in the Senate to an implementing revenue bill. An 
            implementing revenue bill received from the House shall be, 
            subject to subsection (f)(1), referred to the appropriate 
            committee or committees of the Senate. If such committee or 
            committees have not reported such bill at the close of the 
            15th day after its receipt by the Senate, such committee or 
            committees shall be automatically discharged from further 
            consideration of such bill and it shall be placed on the 
            calendar. A vote on final passage of such bill shall be 
            taken in the Senate on or before the close of the 15th day 
            after such bill is reported by the committee or committees 
            of the Senate to which it was referred, or after such 
            committee or committees have been discharged from further 
            consideration of such bill.
                (4) For purposes of this subsection, in computing a 
            number of days in the Senate, there shall be excluded any 
            day on which the Senate is not in session.
            (h) Floor consideration in Senate
                (1) A motion in the Senate to proceed to the 
            consideration of an implementing bill shall be privileged 
            and not debatable. An amendment to the motion shall not be 
            in order, nor shall it be in order to move to reconsider the 
            vote by which the motion is agreed to or disagreed to.
                (2) Debate in the Senate on an implementing bill, and 
            all debatable motions and appeals in connection therewith, 
            shall be limited to not more than 20 hours. The time shall 
            be equally divided between, and controlled by, the majority 
            leader and the minority leader or their designees.
                (3) Debate in the Senate on any debatable motion or 
            appeal in connection with an implementing bill shall be 
            limited to not more than one hour to be equally divided 
            between, and controlled by, the mover and the manager of the 
            bill, except that in the event the manager of the bill is in 
            favor of any such motion or appeal, the time in opposition 
            thereto shall be controlled by the minority leader or his 
            designee. Such leaders, or either of them, may, from time 
            under their control on the passage of an implementing bill, 
            allot additional time to any Senator during the 
            consideration of any debatable motion or appeal.
                (4) A motion in the Senate to further limit debate is 
            not debatable. A motion to recommit an implementing bill is 
            not in order. (Pub. L. 94-163, Title I, Sec. 174, as added 
            Pub. L. 101-383, Sec. 6(a)(4), Sept. 15, 1990, 104 Stat. 
            731.)
       395  Sec. 6272. International voluntary agreements

                                    * * * * * * *

            (m) Limitation on new plans of action
                (1) With respect to any plan of action approved by the 
            Attorney General after July 2, 1985--
                            (A) the defenses under subsection (f) and 
                        (j) shall be applicable to Type 1 activities (as 
                        that term is defined in the International Energy 
                        Agency Emergency Management Manual, dated 
                        December 1982) only if--

                                (i) the Secretary has transmitted such 
                            plan of action to the Congress; and

[[Page 462]]

                                (ii)(I) 90 calendar days of continuous 
                            session have elapsed since receipt by the 
                            Congress of such transmittal; or

                                (II) within 90 calendar days of 
                            continuous session after receipt of such 
                            transmittal, either House of the Congress 
                            has disapproved a joint resolution of 
                            disapproval pursuant to subsection (n); and

                            (B) such defenses shall not be applicable to 
                        Type 1 activities if there has been enacted, in 
                        accordance with subsection (n), a joint 
                        resolution of disapproval.
                (2) The Secretary may withdraw the plan of action at any 
            time prior to adoption of a joint resolution described in 
            subsection (n)(3) by either House of Congress.
                (3) For the purpose of this subsection--
                            (A) continuity of session is broken only by 
                        an adjournment of the Congress sine die at the 
                        end of the second session of Congress; 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 the calendar-day period involved.
            (n) Joint resolution of disapproval
                (1)(A) The application of defenses under subsections (f) 
            and (j) for Type 1 activities with respect to any plan of 
            action transmitted to Congress as described in subsection 
            (m)(1)(A)(i) shall be disapproved if a joint resolution of 
            disapproval has been enacted into law during the 90-day 
            period of continuous session after which such transmission 
            was received by the Congress. For the purpose of this 
            subsection, the term ``joint resolution'' means only a joint 
            resolution of either House of the Congress as described in 
            paragraph (3).
                (B) After receipt by the Congress of such plan of 
            action, a joint resolution of disapproval may be introduced 
            in either House of the Congress. Upon introduction in the 
            Senate, the joint resolution shall be referred in the Senate 
            immediately to the Committee on Energy and Natural Resources 
            of the Senate.
                (2) This subsection is enacted by the Congress--
                            (A) as an exercise of the rulemaking power 
                        of the Senate and as such it is deemed a part of 
                        the rules of the Senate, but applicable only 
                        with respect to the procedure to be followed in 
                        the Senate in the case of resolutions described 
                        by paragraph (3); it supersedes other rules only 
                        to the extent that is inconsistent therewith; 
                        and
                            (B) with full recognition of the 
                        constitutional right of the Senate to change the 
                        rules (so far as relating to the procedure of 
                        the Senate) at any time, in the same manner and 
                        to the same extent as in the case of any other 
                        rule of the Senate.
                (3) The joint resolution disapproving the transmission 
            under subsection (m) shall read as follows after the 
            resolving clause: ``That the Congress of the United States 
            disapproves the availability of the defenses pursuant to 
            section 252 (f) and (j) of the Energy Policy and 
            Conservation Act with respect to Type 1 activities under the 
            plan of action submitted to the Congress by the Secretary of 
            Energy on .'', the blank space therein being filled with the 
            date and year of receipt by the Congress of the plan of 
            action transmitted as described in subsection (m).

[[Page 463]]

                (4)(A) If the Committee on Energy and Natural Resources 
            of the Senate has not reported a joint resolution referred 
            to it under this subsection at the end of 20 calendar days 
            of continuous session after its referral, it shall be in 
            order to move either to discharge the committee from further 
            consideration of such resolution or to discharge the 
            committee from further consideration of any other joint 
            resolution which has been referred to the committee with 
            respect to such plan of action.
                (B) A motion to discharge shall be highly privileged 
            (except that it may not be made after the Committee on 
            Energy and Natural Resources has reported a joint resolution 
            with respect to the plan of action), and debate thereon 
            shall be limited to not more than one hour, to be divided 
            equally between those favoring and those opposing the joint 
            resolution. An amendment to the motion shall not be in 
            order, and it shall not be in order to move to reconsider 
            the vote by which the motion was agreed to or disagreed to.
                (C) If the motion to discharge is agreed to or disagreed 
            to, the motion may not be renewed, nor may another motion to 
            discharge the committee be made with respect to any other 
            joint resolution with respect to the same transmission.
                (5)(A) When the Committee on Energy and Natural 
            Resources of the Senate has reported or has been discharged 
            from further consideration of a joint resolution, it shall 
            be in order at any time thereafter within the 90-day period 
            following receipt by the Congress of the plan of action 
            (even though a previous motion to the same effect has been 
            disagreed to) to move to proceed to the consideration of 
            such joint resolution. The motion shall be highly privileged 
            and shall not be debatable. An amendment to the motion shall 
            not be in order, and it shall not be in order to move to 
            reconsider a vote by which the motion was agreed to or 
            disagreed to.
                (B) Debate on the joint resolution shall be limited to 
            not more than 10 hours and final action on the joint 
            resolution shall occur immediately following conclusion of 
            such debate. A motion further to limit debate shall not be 
            debatable. A motion to recommit such a joint resolution 
            shall not be in order, and it shall not be in order to move 
            to reconsider the vote by which such a joint resolution was 
            agreed to or disagreed to.
                (6)(A) Motions to postpone made with respect to the 
            discharge from committee or consideration of a joint 
            resolution, shall be decided without debate.
                (B) Appeals from the decision of the Chair relating to 
            the application of rules of the Senate to the procedures 
            relating to a joint resolution shall be decided without 
            debate. (Pub. L. 94-163, Title II, Sec. 252, Dec. 22, 1975, 
            89 Stat. 894; Pub. L. 95-619, Title VI, Sec. 691(b)(2), Nov. 
            9, 1978, 92 Stat. 3288; Pub. L. 96-30, June 30, 1979, 93 
            Stat. 80; Pub. L. 96-94, Oct. 31, 1979, 93 Stat. 720; Pub. 
            L. 96-133, Sec. Sec. 1, 2, Nov. 30, 1979, 93 Stat. 1053; 
            Pub. L. 97-5, Mar. 13, 1981, 95 Stat. 7; Pub. L. 97-50, 
            Sept. 30, 1981, 95 Stat. 957; Pub. L. 97-163, Apr. 1, 1982, 
            96 Stat. 24; Pub. L. 97-190, June 1, 1982, 96 Stat. 106; 
            Pub. L. 97-217, July 19, 1982, 96 Stat. 196; Pub. L. 97-229, 
            Sec. 2(a), (b)(2), Aug. 3, 1982, 96 Stat. 248; Pub. L. 98-
            239, Mar. 20, 1984, 98 Stat. 93; Pub. L. 99-58, Title I, 
            Sec. Sec. 104(c)(2), (4), 105, July 2, 1985, 99 Stat. 105; 
            Pub. L. 104-66, Title I, Sec. 1091(g), Dec. 21, 1995, 109 
            Stat. 722; Pub. L. 105-177, Sec. 1(4), June 1, 1998, 112 
            Stat. 105.)

[[Page 464]]


       396  Sec. 6421. Procedure for Congressional review of 
                Presidential requests to implement certain authorities
            (a) ``Energy action'' defined
                For purposes of this section, the term ``energy action'' 
            means any matter required to be transmitted, or submitted to 
            the Congress in accordance with the procedures of this 
            section.
            (b) Transmittal of energy action to Congress
                The President shall transmit any energy action (bearing 
            an identification number) to both Houses of Congress on the 
            same day. If both Houses are not in session on the day any 
            energy action is received by the appropriate officers of 
            each House, for purposes of this section such energy action 
            shall be deemed to have been transmitted on the first 
            succeeding day on which both Houses are in session.
            (c) Effective date of energy action
                (1) Except as provided in paragraph (2) of this 
            subsection, if energy action is transmitted to the Houses of 
            Congress, such action shall take effect at the end of the 
            first period of 15 calendar days of continuous session of 
            Congress after the date on which such action is transmitted 
            to such Houses, unless between the date of transmittal and 
            the end of such 15-day period, either House passes a 
            resolution stating in substance that such House does not 
            favor such action.
                (2) An energy action described in paragraph (1) may take 
            effect prior to the expiration of the 15-calendar-day period 
            after the date on which such action is transmitted, if each 
            House of Congress approves a resolution affirmatively 
            stating in substance that such House does not object to such 
            action.
            (d) Computation of period
                For the purpose of subsection (c) of this section--
                            (1) continuity of session is broken only by 
                        an adjournment of Congress sine die; and
                            (2) the days on which either House is not in 
                        session because of an adjournment of more than 3 
                        days to a day certain are excluded in the 
                        computation of the 15-calendar-day period.
            (e) Provision in energy action for later effective date
                Under provisions contained in an energy action, a 
            provision of such an action may take effect on a date later 
            than the date on which such action otherwise takes effect 
            pursuant to the provisions of this section.
            (f) Resolutions with respect to energy action
                (1) This subsection is enacted by Congress--
                            (A) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives, 
                        respectively, and as such it is 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 paragraph (2) of this 
                        subsection; and it supersedes other rules only 
                        to the extent that it is inconsistent therewith; 
                        and
                            (B) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that

[[Page 465]]

                        House) at any time, in the same manner and to 
                        the same extent as in the case of any other rule 
                        of the House.
                (2) For purposes of this subsection, the term 
            ``resolution'' means only a resolution of either House of 
            Congress described in subparagraph (A) or (B) of this 
            paragraph.
                            (A) A resolution the matter after the 
                        resolving clause of which is as follows: ``That 
                        the_____ does not object to the energy action 
                        numbered_____ submitted to the Congress on_____, 
                        19_.'', the first blank space therein being 
                        filled with the name of the resolving House and 
                        the other blank spaces being appropriately 
                        filled; but does not include a resolution which 
                        specifies more than one energy action.
                            (B) A resolution the matter after the 
                        resolving clause of which is as follows: ``That 
                        the_____ does not favor the energy action 
                        numbered_____ transmitted to Congress on_____, 
                        19_.'', the first blank space therein being 
                        filled with the name of the resolving House and 
                        the other blank spaces therein being 
                        appropriately filled; but does not include a 
                        resolution which specifies more than one energy 
                        action.
                (3) A resolution once introduced with respect to an 
            energy action shall immediately be referred to a committee 
            (and all resolutions with respect to the same plan shall be 
            referred to the same committee) by the President of the 
            Senate or the Speaker of the House of Representatives, as 
            the case may be.
                (4)(A) If the committee to which a resolution with 
            respect to an energy action has been referred has not 
            reported it at the end of 5 calendar days after its 
            referral, it shall be in order to move either to discharge 
            the committee from further consideration of such resolution 
            or to discharge the committee from further consideration of 
            any other resolution with respect to such energy action 
            which has been referred to the committee.
                (B) A motion to discharge may be made only by an 
            individual favoring the resolution, shall be highly 
            privileged (except that it may not be made after the 
            committee has reported a resolution with respect to the same 
            energy action), and debate thereon shall be limited to not 
            more than one hour, to be divided equally between those 
            favoring and those opposing the resolution. An amendment to 
            the motion shall not be in order, and it shall not be in 
            order to move to reconsider the vote by which the motion was 
            agreed to or disagreed to.
                (C) If the motion to discharge is agreed to or disagreed 
            to, the motion may not be renewed, nor may another motion to 
            discharge the committee be made with respect to any other 
            resolution with respect to the same energy action.
                (5)(A) When the committee has reported, or has been 
            discharged from further consideration of, a resolution, it 
            shall be at any time thereafter in order (even though a 
            previous motion to the same effect has been disagreed to) to 
            move to proceed to the consideration of the resolution. The 
            motion shall be highly privileged and shall not be 
            debatable. An amendment to the motion shall not be in order, 
            and it shall not be in order to move to reconsider the vote 
            by which the motion was agreed to or disagreed to.
                (B) Debate on the resolution referred to in subparagraph 
            (A) of this paragraph shall be limited to not more than 10 
            hours, which shall

[[Page 466]]

            be divided equally between those favoring and those opposing 
            such resolution. A motion further to limit debate shall not 
            be debatable. An amendment to, or motion to recommit, the 
            resolution shall not be in order, and it shall not be in 
            order to move to reconsider the vote by which such 
            resolution was agreed to or disagreed to; except that it 
            shall be in order--
                            (i) to offer an amendment in the nature of a 
                        substitute, consisting of the text of a 
                        resolution described in paragraph (2)(A) of this 
                        subsection with respect to an energy action, for 
                        a resolution described in paragraph (2)(B) of 
                        this subsection with respect to the same such 
                        action, or
                            (ii) to offer an amendment in the nature of 
                        a substitute, consisting of the text of a 
                        resolution described in paragraph (2)(B) of this 
                        subsection with respect to an energy action, for 
                        a resolution described in paragraph (2)(A) of 
                        this subsection with respect to the same such 
                        action.The amendments described in clauses (i) 
                        and (ii) of this subparagraph shall not be 
                        amendable.
                (6)(A) Motions to postpone, made with respect to the 
            discharge from committee, or the consideration of a 
            resolution and motions to proceed to the consideration of 
            other business, shall be decided without debate.
                (B) Appeals from the decision of the Chair relating to 
            the application of the rules of the Senate or the House of 
            Representatives, as the case may be, to the procedure 
            relating to a resolution shall be decided without debate.
                (7) Notwithstanding any of the provisions of this 
            subsection, if a House has approved a resolution with 
            respect to an energy action, then it shall not be in order 
            to consider in that House any other resolution with respect 
            to the same such action. (Pub. L. 94-163, Title V, Sec. 551, 
            Dec. 22, 1975, 89 Stat. 965.)
       397  Sec. 6422. Expedited procedure for Congressional 
                consideration of certain authorities
            (a) Contingency plan identification number; transmittal of 
                plan to Congress
                Any contingency plan transmitted to the Congress 
            pursuant to section 6261(a)(1) of this title shall bear an 
            identification number and shall be transmitted to both 
            Houses of Congress on the same day and to each House while 
            it is in session.
            (b) Necessity of Congressional resolution within certain 
                period for plan to be considered approved
                (1) No such energy conservation contingency plan may be 
            considered approved for purposes of section 6261(b) of this 
            title unless between the date of transmittal and the end of 
            the first period of 60 calendar days of continuous session 
            of Congress after the date on which such action is 
            transmitted to such House, each House of Congress passes a 
            resolution described in subsection (d)(2)(A).
                (2)(A) Subject to subparagraph (B), any such rationing 
            contingency plan shall be considered approved for purposes 
            of section 6261(d) of this title only if such plan is not 
            disapproved by a resolution described in subsection 
            (d)(2)(B)(i) which passes each House of the Congress during 
            the 30-calendar-day period of continuous session after the 
            plan is transmitted to such Houses and which thereafter 
            becomes law.

[[Page 467]]

                (B) A rationing contingency plan may be considered 
            approved prior to the expiration of the 30-calendar-day 
            period after such plan is transmitted if a resolution 
            described in subsection (d)(2)(B)(ii) is passed by each 
            House of the Congress and thereafter becomes law.
            (c) Computation of period
                For the purpose of subsection (b) of this section--
                            (1) continuity of session is broken only by 
                        an adjournment of Congress sine die; and
                            (2) the days on which either House is not in 
                        session because of an adjournment of more than 3 
                        days to a day certain are excluded in the 
                        computation of the calendar-day period involved.
            (d) Resolution with respect to contingency plan
                (1) This subsection is enacted by Congress--
                            (A) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives, 
                        respectively, and as such it is 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 paragraph (2) of this 
                        subsection; and it supersedes other rules only 
                        to the extent that it is inconsistent therewith; 
                        and
                            (B) 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 the House.
                (2)(A) For purposes of applying this section with 
            respect to any energy conservation contingency plan, the 
            term ``resolution'' means only a resolution of either House 
            of Congress the matter after the resolving clauses of which 
            is as follows: ``That the_____ approves the energy 
            conservation contingency plan numbered _____ submitted to 
            the Congress on _____, 19_____.'', the first blank space 
            therein being filled with the name of the resolving House 
            and the other blank spaces being appropriately filled; but 
            does not include a resolution which specifies more than one 
            energy conservation contingency plan.
                (B) For purposes of applying this subsection with 
            respect to any rationing contingency plan (other than 
            pursuant to section 6261(d)(2)(B) of this title), the term 
            ``resolution'' means only a joint resolution described in 
            clause (i) or (ii) of this subparagraph with respect to such 
            plan.
                            (i) A joint resolution of either House of 
                        the Congress (I) which is entitled: ``Joint 
                        resolution relating to a rationing contingency 
                        plan.'', (II) which does not contain a preamble, 
                        and (III) the matter after the resolving clause 
                        of which is: ``That the Congress of the United 
                        States disapproves the rationing contingency 
                        plan transmitted to the Congress on _____, 
                        19_____.'', the blank spaces therein 
                        appropriately filled.
                            (ii) A joint resolution of either House of 
                        the Congress (I) which is entitled: ``Joint 
                        resolution relating to a rationing contingency 
                        plan.'', (II) which does not contain a preamble, 
                        and (III) the matter after the resolving clause 
                        of which is: ``That the Congress of the United 
                        States does not object to the rationing 
                        contingency plan transmitted to the Congress on 
                        _____, 19_____.'', the blank spaces therein 
                        appropriately filled.

[[Page 468]]

                (3) A resolution once introduced with respect to a 
            contingency plan shall immediately be referred to a 
            committee (and all resolutions with respect to the same 
            contingency plan shall be referred to the same committee) by 
            the President of the Senate or the Speaker of the House of 
            Representatives, as the case may be.
                (4)(A) If the committee to which a resolution with 
            respect to a contingency plan has been referred has not 
            reported it at the end of 20 calendar days after its 
            referral in the case of any energy conservation contingency 
            plan or at the end of 10 calendar days after its referral in 
            the case of any rationing contingency plan, it shall be in 
            order to move either to discharge the committee from further 
            consideration of such resolution or to discharge the 
            committee from further consideration of any other resolution 
            with respect to such contingency plan which has been 
            referred to the committee.
                (B) A motion to discharge may be made only by an 
            individual favoring the resolution, shall be highly 
            privileged (except that it may not be made after the 
            committee has reported a resolution with respect to the same 
            contingency plan), and debate thereon shall be limited to 
            not more than 1 hour, to be divided equally between those 
            favoring and those opposing the resolution. Except to the 
            extent provided in paragraph (7)(A), an amendment to the 
            motion shall not be in order, and it shall not be in order 
            to move to reconsider the vote by which the motion was 
            agreed to or disagreed to.
                (C) If the motion to discharge is agreed to or disagreed 
            to, the motion may not be renewed, nor may another motion to 
            discharge the committee be made with respect to any other 
            resolution with respect to the same contingency plan.
                (5)(A) When the committee has reported, or has been 
            discharged from further consideration of, a resolution, it 
            shall be at any time thereafter in order (even though a 
            previous motion to the same effect has been disagreed to) to 
            move to proceed to the consideration of the resolution. The 
            motion shall be highly privileged and shall not be 
            debatable. An amendment to the motion shall not be in order, 
            and it shall not be in order to move to reconsider the vote 
            by which the motion was agreed to or disagreed to.
                (B) Debate on the resolution referred to in subparagraph 
            (A) of this paragraph shall be limited to not more than 10 
            hours, which shall be divided equally between those favoring 
            and those opposing such resolution. A motion further to 
            limit debate shall not be debatable. Except to the extent 
            provided in paragraph (7)(B), an amendment to, or motion to 
            recommit the resolution shall not be in order, and it shall 
            not be in order to move to reconsider the vote by which such 
            resolution was agreed to or disagreed to.
                (6)(A) Motions to postpone, made with respect to the 
            discharge from committee, or the consideration of a 
            resolution and motions to proceed to the consideration of 
            other business, shall be decided without debate.
                (B) Appeals from the decision of the Chair relating to 
            the application of the rules of the Senate or the House of 
            Representatives, as the case may be, to the procedures 
            relating to a resolution shall be decided without debate.
                (7) With respect to any rationing contingency plan--
                            (A) In the consideration of any motion to 
                        discharge any committee from further 
                        consideration of any resolution on any such 
                        plan, it

[[Page 469]]

                        shall be in order after debate allowed for under 
                        paragraph (4)(B) to offer an amendment in the 
                        nature of a substitute for such motion--

                                (i) consisting of a motion to discharge 
                            such committee from further consideration of 
                            a resolution described in paragraph 
                            (2)(B)(i) with respect to any rationing 
                            contingency plan, if the discharge motion 
                            sought to be amended relates to a resolution 
                            described in paragraph (2)(B)(ii) with 
                            respect to the same such plan, or

                                (ii) consisting of a motion to discharge 
                            such committee from further consideration of 
                            a resolution described in paragraph 
                            (2)(B)(ii) with respect to any rationing 
                            contingency plan, if the discharge motion 
                            sought to be amended relates to a resolution 
                            described in paragraph (2)(B)(i) with 
                            respect to the same such plan.

                An amendment described in this subparagraph shall not be 
            amendable. Debate on such an amendment shall be limited to 
            not more than 1 hour, which shall be divided equally between 
            those favoring and those opposing the amendment.
                            (B) In the consideration of any resolution 
                        on any such plan which has been reported by a 
                        committee, it shall be in order at any time 
                        during the debate allowed for under paragraph 
                        (5)(B) to offer an amendment in the nature of a 
                        substitute for such resolution--

                                (i) consisting of the text of a 
                            resolution described in paragraph (2)(B)(i) 
                            with respect to any rationing contingency 
                            plan, if the resolution sought to be amended 
                            is a resolution described in paragraph 
                            (2)(B)(ii) with respect to the same such 
                            plan, or

                                (ii) consisting of the text of a 
                            resolution described in paragraph (2)(B)(ii) 
                            with respect to any rationing contingency 
                            plan, if the resolution sought to be amended 
                            is a resolution described in paragraph 
                            (2)(B)(i) with respect to the same such 
                            plan.

                An amendment described in this subparagraph shall not be 
            amendable.
                            (C) If one House receives from the other 
                        House a resolution with respect to a rationing 
                        contingency plan, then the following procedure 
                        applies:

                                (i) the resolution of the other House 
                            with respect to such plan shall not be 
                            referred to a committee;

                                (ii) in the case of a resolution of the 
                            first House with respect to such plan--

                                        (I) the procedure with respect 
                                    to that or other resolutions of such 
                                    House with respect to such plan 
                                    shall be the same as if no 
                                    resolution from the other House with 
                                    respect to such plan had been 
                                    received; but

                                        (II) on any vote on final 
                                    passage of a resolution of the first 
                                    House with respect to such plan a 
                                    resolution from the other House with 
                                    respect to such plan which has the 
                                    same effect shall be automatically 
                                    substituted for the resolution of 
                                    the first House.

                            (D) Notwithstanding any of the preceding 
                        provisions of this subsection, if a House has 
                        approved a resolution with respect to a 
                        rationing contingency plan, then it shall not be 
                        in order to consider in that House any other 
                        resolution under this section with respect

[[Page 470]]

                        to the approval of such plan. (Pub. L. 94-163, 
                        Title V, Sec. 552, Dec. 22, 1975, 89 Stat. 967; 
                        Pub. L. 96-102, title I, Sec. Sec. 103(b)(2), 
                        105(a)(4), (b)(6), Nov. 5, 1979, 93 Stat. 753, 
                        756; Pub. L. 105-388, Sec. 5(a)(16), Nov. 13, 
                        1998, 112 Stat. 3479.)
            
                   Chapter 92--POWERPLANT AND INDUSTRIAL FUEL USE

       398  Sec. 8374. Emergency authorities
            (a) Coal allocation authority
                (1) If the President--
                            (A) declares a severe energy supply 
                        interruption, as defined in section 6202(8) of 
                        this title, or
                            (B) finds, and publishes such finding, that 
                        a national or regional fuel supply shortage 
                        exists or may exist which the President 
                        determines--

                                (i) is, or is likely to be, of 
                            significant scope and duration, and of an 
                            emergency nature;

                                (ii) causes, or may cause, major adverse 
                            impact on public health, safety, or welfare 
                            or on the economy; and

                                (iii) results, or is likely to result, 
                            from an interruption in the supply of coal 
                            or from sabotage, or an act of God;

            the President may, by order, allocate coal (and require the 
            transportation thereof) for the use of any electric 
            powerplant or major fuel-burning installation, in accordance 
            with such terms and conditions as he may prescribe, to 
            insure reliability of electric service or prevent 
            unemployment, or protect public health, safety, or welfare.

                (2) For purposes of this subsection, the term ``coal'' 
            means anthracite and bituminous coal and lignite (but does 
            not mean any fuel derivative thereof).
            (b) Emergency prohibition on use of natural gas or petroleum
                If the President declares a severe energy supply 
            interruption, as defined in section 6202(8) of this title, 
            the President may, by order, prohibit any electric 
            powerplant or major fuel-burning installation from using 
            natural gas or petroleum, or both, as a primary energy 
            source for the duration of such interruption. 
            Notwithstanding any other provision of this section, any 
            suspension of emission limitations or other requirements of 
            applicable implementation plans, as defined in section 
            7410(d) of this title, required by such prohibition shall be 
            issued only in accordance with section 7410(f) of this 
            title.
            (c) Emergency stays
                The President may, by order, stay the application of any 
            provision of this chapter, or any rule or order thereunder, 
            applicable to any new or existing electric powerplant, if 
            the President finds, and publishes such finding, that an 
            emergency exists, due to national, regional, or systemwide 
            shortages of coal or other alternate fuels, or disruption of 
            transportation facilities, which emergency is likely to 
            affect reliability of service of any such electric 
            powerplant.
            (d) Duration of emergency orders
                (1) Except as provided in paragraph (3), any order 
            issued by the President under this section shall not be 
            effective for longer than the

[[Page 471]]

            duration of the interruption or emergency, or 90 days, 
            whichever is less.
                (2) Any such order may be extended by a subsequent order 
            which the President shall transmit to the Congress in 
            accordance with section 6421 of this title. Such order shall 
            be subject to congressional review pursuant to such section.
                (3) Notwithstanding paragraph (1), the effectiveness of 
            any order issued under this section shall not terminate 
            under this subsection during the 15-calendar-day period 
            during which any such subsequent order described in 
            paragraph (2) is subject to congressional review under 
            section 6421 of this title.
                (4) For purposes of this subsection, the provisions of 
            this subsection supersede the provisions of subchapter II of 
            chapter 34 of title 50.
            (e) Delegation of authority prohibited
                The authority of the President to issue any order under 
            this section may not be delegated. This subsection shall not 
            be construed to prevent the President from directing any 
            Federal agency to issue rules or regulations or take such 
            other action, consistent with this section, in the 
            implementation of such order.
            (f) Publication and reports to Congress of orders
                Any order issued under this section shall be published 
            in the Federal Register. To the greatest extent practicable, 
            the President shall, before issuing any order under this 
            section, but in no event later than 5 days after issuing 
            such order, report to the Congress of his intention to issue 
            such order and state his reasons therefor. (Pub. L. 95-620, 
            Title IV, Sec. 404, Nov. 9, 1978, 92 Stat. 3319; Pub. L. 
            100-42, Sec. 1(c)(15), May 21, 1987, 101 Stat. 313.)
            
                          Chapter 108--NUCLEAR WASTE POLICY

       399  Sec. 10135. Review of repository site selection
            (a) ``Resolution of repository siting approval'' defined
                For purposes of this section, the term ``resolution of 
            repository siting approval'' means a joint resolution of the 
            Congress, the matter after the resolving clause of which is 
            as follows: ``That there hereby is approved the site at 
            _____ for a repository, with respect to which a notice of 
            disapproval was submitted by _____ on _____''. The first 
            blank space in such resolution shall be filled with the name 
            of the geographic location of the proposed site of the 
            repository to which such resolution pertains; the second 
            blank space in such resolution shall be filled with the 
            designation of the State Governor and legislature or Indian 
            tribe governing body submitting the notice of disapproval to 
            which such resolution pertains; and the last blank space in 
            such resolution shall be filled with the date of such 
            submission.
            (b) State or Indian tribe petitions
                The designation of a site as suitable for application 
            for a construction authorization for a repository shall be 
            effective at the end of the 60-day period beginning on the 
            date that the President recommends such site to the Congress 
            under section 10134 of this title, unless the Governor and 
            legislature of the State in which such site is located, or 
            the governing body of an Indian tribe on whose reservation 
            such site

[[Page 472]]

            is located, as the case may be, has submitted to the 
            Congress a notice of disapproval under section 10136 or 
            10138 of this title. If any such notice of disapproval has 
            been submitted, the designation of such site shall not be 
            effective except as provided under subsection (c).
            (c) Congressional review of petitions
                If any notice of disapproval of a repository site 
            designation has been submitted to the Congress under section 
            10136 or 10138 of this title after a recommendation for 
            approval of such site is made by the President under section 
            10134 of this title, such site shall be disapproved unless, 
            during the first period of 90 calendar days of continuous 
            session of the Congress after the date of the receipt by the 
            Congress of such notice of disapproval, the Congress passes 
            a resolution of repository siting approval in accordance 
            with this subsection approving such site, and such 
            resolution thereafter becomes law.
            (d) Procedures applicable to Senate
                (1) The provisions of this subsection are enacted by the 
            Congress--
                            (A) as an exercise of the rulemaking power 
                        of the Senate, and as such they are deemed a 
                        part of the rules of the Senate, but applicable 
                        only with respect to the procedure to be 
                        followed in the Senate in the case of 
                        resolutions of repository siting approval, and 
                        such provisions supersede other rules of the 
                        Senate only to the extent that they are 
                        inconsistent with such other rules; and
                            (B) with full recognition of the 
                        constitutional right of the Senate to change the 
                        rules (so far as relating to the procedure of 
                        the Senate) at any time, in the same manner and 
                        to the same extent as in the case of any other 
                        rule of the Senate.
                (2)(A) Not later than the first day of session following 
            the day on which any notice of disapproval of a repository 
            site selection is submitted to the Congress under section 
            10136 or 10138 of this title, a resolution of repository 
            siting approval shall be introduced (by request) in the 
            Senate by the chairman of the committee to which such notice 
            of disapproval is referred, or by a Member or Members of the 
            Senate designated by such chairman.
                (B) Upon introduction, a resolution of repository siting 
            approval shall be referred to the appropriate committee or 
            committees of the Senate by the President of the Senate, and 
            all such resolutions with respect to the same repository 
            site shall be referred to the same committee or committees. 
            Upon the expiration of 60 calendar days of continuous 
            session after the introduction of the first resolution of 
            repository siting approval with respect to any site, each 
            committee to which such resolution was referred shall make 
            its recommendations to the Senate.
                (3) If any committee to which is referred a resolution 
            of siting approval introduced under paragraph (2)(A), or, in 
            the absence of such a resolution, any other resolution of 
            siting approval introduced with respect to the site 
            involved, has not reported such resolution at the end of 60 
            days of continuous session of Congress after introduction of 
            such resolution, such committee shall be deemed to be 
            discharged from further consideration of such resolution, 
            and such resolution shall be placed on the appropriate 
            calendar of the Senate.
                (4)(A) When each committee to which a resolution of 
            siting approval has been referred has reported, or has been 
            deemed to be discharged from further consideration of, a 
            resolution described in paragraph (3),

[[Page 473]]

            it shall at any time thereafter be in order (even though a 
            previous motion to the same effect has been disagreed to) 
            for any Member of the Senate to move to proceed to the 
            consideration of such resolution. Such motion shall be 
            highly privileged and shall not be debatable. Such motion 
            shall not be subject to amendment, 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 such 
            motion is agreed to or disagreed to shall not be in order. 
            If a motion to proceed to the consideration of such 
            resolution is agreed to, such resolution shall remain the 
            unfinished business of the Senate until disposed of.
                (B) Debate on a resolution of siting approval, and on 
            all debatable motions and appeals in connection with such 
            resolution, shall be limited to not more than 10 hours, 
            which shall be divided equally between Members favoring and 
            Members opposing such resolution. A motion further to limit 
            debate shall be in order and shall not be debatable. Such 
            motion shall not be subject to amendment, to a motion to 
            postpone, or to a motion to proceed to the consideration of 
            other business, and a motion to recommit such resolution 
            shall not be in order. A motion to reconsider the vote by 
            which such resolution is agreed to or disagreed to shall not 
            be in order.
                (C) Immediately following the conclusion of the debate 
            on a resolution of siting approval, and a single quorum call 
            at the conclusion of such debate if requested in accordance 
            with the rules of the Senate, the vote on final approval of 
            such resolution shall occur.
                (D) Appeals from the decisions of the Chair relating to 
            the application of the rules of the Senate to the procedure 
            relating to a resolution of siting approval shall be decided 
            without debate.
                (5) If the Senate receives from the House a resolution 
            of repository siting approval with respect to any site, then 
            the following procedure shall apply:
                            (A) The resolution of the House with respect 
                        to such site shall not be referred to a 
                        committee.
                            (B) With respect to the resolution of the 
                        Senate with respect to such site--

                                (i) the procedure with respect to that 
                            or other resolutions of the Senate with 
                            respect to such site shall be the same as if 
                            no resolution from the House with respect to 
                            such site had been received; but

                                (ii) on any vote on final passage of a 
                            resolution of the Senate with respect to 
                            such site, a resolution from the House with 
                            respect to such site where the text is 
                            identical shall be automatically substituted 
                            for the resolution of the Senate.

            (e) Procedures applicable to House of Representatives
                (1) The provisions of this section are enacted by the 
            Congress--
                            (A) as an exercise of the rulemaking power 
                        of the House of Representatives, and as such 
                        they are deemed a part of the rules of the 
                        House, but applicable only with respect to the 
                        procedure to be followed in the House in the 
                        case of resolutions of repository siting 
                        approval, and such provisions supersede other 
                        rules of the House only to the extent that they 
                        are inconsistent with such other rules; and
                            (B) with full recognition of the 
                        constitutional right of the House to change the 
                        rules (so far as relating to the procedure of 
                        the

[[Page 474]]

                        House) at any time, in the same manner and to 
                        the same extent as in the case of any other rule 
                        of the House.
                (2) Resolutions of repository siting approval shall upon 
            introduction, be immediately referred by the Speaker of the 
            House to the appropriate committee or committees of the 
            House. Any such resolution received from the Senate shall be 
            held at the Speaker's table.
                (3) Upon the expiration of 60 days of continuous session 
            after the introduction of the first resolution of repository 
            siting approval with respect to any site, each committee to 
            which such resolution was referred shall be discharged from 
            further consideration of such resolution, and such 
            resolution shall be referred to the appropriate calendar, 
            unless such resolution or an identical resolution was 
            previously reported by each committee to which it was 
            referred.
                (4) It shall be in order for the Speaker to recognize a 
            Member favoring a resolution to call up a resolution of 
            repository siting approval after it has been on the 
            appropriate calendar for 5 legislative days. When any such 
            resolution is called up, the House shall proceed to its 
            immediate consideration and the Speaker shall recognize the 
            Member calling up such resolution and a Member opposed to 
            such resolution for 2 hours of debate in the House, to be 
            equally divided and controlled by such Members. When such 
            time has expired, the previous question shall be considered 
            as ordered on the resolution to adoption without intervening 
            motion. No amendment to any such resolution shall be in 
            order, nor shall it be in order to move to reconsider the 
            vote by which such resolution is agreed to or disagreed to.
                (5) If the House receives from the Senate a resolution 
            of repository siting approval with respect to any site, then 
            the following procedure shall apply:
                            (A) The resolution of the Senate with 
                        respect to such site shall not be referred to a 
                        committee.
                            (B) With respect to the resolution of the 
                        House with respect to such site--

                                (i) the procedure with respect to that 
                            or other resolutions of the House with 
                            respect to such site shall be the same as if 
                            no resolution from the Senate with respect 
                            to such site had been received; but

                                (ii) on any vote on final passage of a 
                            resolution of the House with respect to such 
                            site, a resolution from the Senate with 
                            respect to such site where the text is 
                            identical shall be automatically substituted 
                            for the resolution of the House.

            (f) Computation of days
                For purposes of this section--
                            (1) continuity of session of Congress is 
                        broken only by an adjournment sine die; and
                            (2) the days on which either House is not in 
                        session because of an adjournment of more than 3 
                        days to a day certain are excluded in the 
                        computation of the 90-day period referred to in 
                        subsection

[[Page 475]]

                        (c) and the 60-day period referred to in 
                        subsections (d) and (e). (Pub. L. 97-425, Title 
                        I, Sec. 115, Jan. 7, 1983, 96 Stat. 2217.)

                                    * * * * * * *

       400  Sec. 10155. Storage of spent nuclear fuel

                                    * * * * * * *

                (6)(A) Upon deciding to provide an aggregate of 300 or 
            more metric tons of storage capacity under subsection (a)(1) 
            at any one site, the Secretary shall notify the Governor and 
            legislature of the State where such site is located, or the 
            governing body of the Indian tribe in whose reservation such 
            site is located, as the case may be, of such decision. 
            During the 60-day period following receipt of notification 
            by the Secretary of his decision to provide an aggregate of 
            300 or more metric tons of storage capacity at any one site, 
            the Governor or legislature of the State in which such site 
            is located, or the governing body of the affected Indian 
            tribe where such site is located, as the case may be, may 
            disapprove the provision of 300 or more metric tons of 
            storage capacity at the site involved and submit to the 
            Congress a notice of such disapproval. A notice of 
            disapproval shall be considered to be submitted to the 
            Congress on the date of the transmittal of such notice of 
            disapproval to the Speaker of the House and the President 
            pro tempore of the Senate. Such notice of disapproval shall 
            be accompanied by a statement of reasons explaining why the 
            provision of such storage capacity at such site was 
            disapproved by such Governor or legislature or the governing 
            body of such Indian tribe.
                (B) Unless otherwise provided by State law, the Governor 
            or legislature of each State shall have authority to submit 
            a notice of disapproval to the Congress under subparagraph 
            (A). In any case in which State law provides for submission 
            of any such notice of disapproval by any other person or 
            entity, any reference in this part to the Governor or 
            legislature of such State shall be considered to refer 
            instead to such other person or entity.
                (C) The authority of the Governor and legislature of 
            each State under this paragraph shall not be applicable with 
            respect to any site located on a reservation.
                (D) If any notice of disapproval is submitted to the 
            Congress under subparagraph (A), the proposed provision of 
            300 or more metric tons of storage capacity at the site 
            involved shall be disapproved unless, during the first 
            period of 90 calendar days of continuous session of the 
            Congress following the date of the receipt by the Congress 
            of such notice of disapproval, the Congress passes a 
            resolution approving such proposed provision of storage 
            capacity in accordance with the procedures established in 
            this paragraph and subsections (d) through (f) of section 
            10135 of this title and such resolution thereafter becomes 
            law. For purposes of this paragraph, the term ``resolution'' 
            means a joint resolution of either House of the Congress, 
            the matter after the resolving clause of which is as 
            follows: ``That there hereby is approved the provision of 
            300 or more metric tons of spent nuclear fuel storage 
            capacity at the site located at _____, with respect to which 
            a notice of disapproval was submitted by _____ on _____.''. 
            The first blank space in such resolution shall be filled 
            with the geographic location of the site involved; the 
            second blank space in such resolution shall be filled with 
            the designation of the State Governor and legislature

[[Page 476]]

            or affected Indian tribe governing body submitting the 
            notice of disapproval involved; and the last blank space in 
            such resolution shall be filled with the date of submission 
            of such notice of disapproval.
                (E) For purposes of the consideration of any resolution 
            described in subparagraph (D), each reference in subsections 
            (d) and (e) of section 10135 of this title to a resolution 
            of repository siting approval shall be considered to refer 
            to the resolution described in such subparagraph.
                (7) As used in this section, the term ``affected Tribal 
            Council'' means the governing body of any Indian tribe 
            within whose reservation boundaries there is located a 
            potentially acceptable site for interim storage capacity of 
            spent nuclear fuel from civilian nuclear power reactors, or 
            within whose boundaries a site for such capacity is selected 
            by the Secretary, or whose federally defined possessory or 
            usage rights to other lands outside of the reservation's 
            boundaries arising out of congressionally ratified treaties, 
            as determined by the Secretary of the Interior pursuant to a 
            petition filed with him by the appropriate governmental 
            officials of such tribe, may be substantially and adversely 
            affected by the establishment of any such storage capacity.
            (e) Limitations
                Any spent nuclear fuel stored under this section shall 
            be removed from the storage site or facility involved as 
            soon as practicable, but in any event not later than 3 years 
            following the date on which a repository or monitored 
            retrievable storage facility developed under this chapter is 
            available for disposal of such spent nuclear fuel. (Pub. L. 
            97-425, Title I, Sec. 135, Jan. 7, 1983, 96 Stat. 2232.)

                                    * * * * * * *

       401  Sec. 10161. Monitored retrievable storage

                                    * * * * * * *

            (b) Submission of proposal by Secretary
                (1) On or before June 1, 1985, the Secretary shall 
            complete a detailed study of the need for and feasibility 
            of, and shall submit to the Congress a proposal for, the 
            construction of one or more monitored retrievable storage 
            facilities for high-level radioactive waste and spent 
            nuclear fuel. Each such facility shall be designed--
                            (A) to accommodate spent nuclear fuel and 
                        high-level radioactive waste resulting from 
                        civilian nuclear activities;
                            (B) to permit continuous monitoring, 
                        management, and maintenance of such spent fuel 
                        and waste for the foreseeable future;
                            (C) to provide for the ready retrieval of 
                        such spent fuel and waste for further processing 
                        or disposal; and
                            (D) to safely store such spent fuel and 
                        waste as long as may be necessary by maintaining 
                        such facility through appropriate means, 
                        including any required replacement of such 
                        facility.
                (2) Such proposal shall include--
                            (A) the establishment of a Federal program 
                        for the siting, development, construction, and 
                        operation of facilities capable of safely 
                        storing high-level radioactive waste and spent 
                        nuclear fuel, which facilities are to be 
                        licensed by the Commission;
                            (B) a plan for the funding of the 
                        construction and operation of such facilities, 
                        which plan shall provide that the costs of such 
                        activities shall be borne by the generators and 
                        owners of the high-level

[[Page 477]]

                        radioactive waste and spent nuclear fuel to be 
                        stored in such facilities;
                            (C) site-specific designs, specifications, 
                        and cost estimates sufficient to (i) solicit 
                        bids for the construction of the first such 
                        facility; (ii) support congressional 
                        authorization of the construction of such 
                        facility; and (iii) enable completion and 
                        operation of such facility as soon as 
                        practicable following congressional 
                        authorization of such facility; and
                            (D) a plan for integrating facilities 
                        constructed pursuant to this section with other 
                        storage and disposal facilities authorized in 
                        this chapter.
                (3) In formulating such proposal, the Secretary shall 
            consult with the Commission and the Administrator, and shall 
            submit their comments on such proposal to the Congress at 
            the time such proposal is submitted.
                (4) The proposal shall include, for the first such 
            facility, at least 3 alternative sites and at least 5 
            alternative combinations of such proposed sites and facility 
            designs consistent with the criteria of paragraph (1). The 
            Secretary shall recommend the combination among the 
            alternatives that the Secretary deems preferable. The 
            environmental assessment under subsection (c) shall include 
            a full analysis of the relative advantages and disadvantages 
            of all 5 such alternative combinations of proposed sites and 
            proposed facility designs.
            (c) Environmental impact statements
                (1) Preparation and submission to the Congress of the 
            proposal required in this section shall not require the 
            preparation of an environmental impact statement under 
            section 102(2)(C) of the National Environmental Policy Act 
            of 1969 (42 U.S.C. 4332(2)(C)). The Secretary shall prepare, 
            in accordance with regulations issued by the Secretary 
            implementing such Act [42 U.S.C. 4321 et seq.], an 
            environmental assessment with respect to such proposal. Such 
            environmental assessment shall be based upon available 
            information regarding alternative technologies for the 
            storage of spent nuclear fuel and high-level radioactive 
            waste. The Secretary shall submit such environmental 
            assessment to the Congress at the time such proposal is 
            submitted.
                (2) If the Congress by law, after review of the proposal 
            submitted by the Secretary under subsection (b), 
            specifically authorizes construction of a monitored 
            retrievable storage facility, the requirements of the 
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
            seq.) shall apply with respect to construction of such 
            facility, except that any environmental impact statement 
            prepared with respect to such facility shall not be required 
            to consider the need for such facility or any alternative to 
            the design criteria for such facility set forth in 
            subsection (b)(1).
            (d) Licensing
                Any facility authorized pursuant to this section shall 
            be subject to licensing under section 5842(3) of this title. 
            In reviewing the application filed by the Secretary for 
            licensing of the first such facility, the Commission may not 
            consider the need for such facility or any alternative to 
            the design criteria for such facility set forth in 
            subsection (b)(1).
            (e) Clarification
                Nothing in this section limits the consideration of 
            alternative facility designs consistent with the criteria of 
            paragraph (b)(1) in any environ

[[Page 478]]

            mental impact statement, or in any licensing procedure of 
            the Commission, with respect to any monitored, retrievable 
            facility authorized pursuant to this section.
            (f) Impact assistance
                (1) Upon receipt by the Secretary of congressional 
            authorization to construct a facility described in 
            subsection (b), the Secretary shall commence making annual 
            impact aid payments to appropriate units of general local 
            government in order to mitigate any social or economic 
            impacts resulting from the construction and subsequent 
            operation of any such facility within the jurisdictional 
            boundaries of any such unit.
                (2) Payments made available to units of general local 
            government under this subsection shall be--
                            (A) allocated in a fair and equitable 
                        manner, with priority given to units of general 
                        local government determined by the Secretary to 
                        be most severely affected; and
                            (B) utilized by units of general local 
                        government only for planning, construction, 
                        maintenance, and provision of public services 
                        related to the siting of such facility.
                (3) Such payments shall be subject to such terms and 
            conditions as the Secretary determines are necessary to 
            ensure achievement of the purposes of this subsection. The 
            Secretary shall issue such regulations as may be necessary 
            to carry out the provisions of this subsection.
                (4) Such payments shall be made available entirely from 
            funds held in the Nuclear Waste Fund established in section 
            10222(c) of this title and shall be available only to the 
            extent provided in advance in appropriation Acts.
                (5) The Secretary may consult with appropriate units of 
            general local government in advance of commencement of 
            construction of any such facility in an effort to determine 
            the level of payments each such unit is eligible to receive 
            under this subsection.
            (g) Limitation
                No monitored retrievable storage facility developed 
            pursuant to this section may be constructed in any State in 
            which there is located any site approved for site 
            characterization under section 10132 of this title. The 
            restriction in the preceding sentence shall only apply until 
            such time as the Secretary decides that such candidate site 
            is no longer a candidate site under consideration for 
            development as a repository. Such restriction shall continue 
            to apply to any site selected for construction as a 
            repository.
            (h) Participation of States and Indian tribes
                Any facility authorized pursuant to this section shall 
            be subject to the provisions of sections 10135, 10136(a), 
            10136(b), 10136(d), 10137, and 10138 of this title. For 
            purposes of carrying out the provisions of this subsection, 
            any reference in sections 10135 through 10138 of this title 
            to a repository shall be considered to refer to a monitored 
            retrievable storage facility. (Pub. L. 97-425, Title I, 
            Sec. 141, Jan. 7, 1983, 96 Stat. 2241.)

[[Page 479]]


       402  Sec. 10165. Site selection
            (a) In general
                The Secretary may select the site evaluated under 
            section 10164 of this title that the Secretary determines on 
            the basis of available information to be the most suitable 
            for a monitored retrievable storage facility that is an 
            integral part of the system for the disposal of spent 
            nuclear fuel and high-level radioactive waste established 
            under this chapter. (Pub. L. 97-425, Title I, Sec. 145, as 
            added Pub. L. 100-202, Sec. 101(d) [Title III, Sec. 300], 
            Dec. 22, 1987, 101 Stat. 1329-104, 1329-121; Pub. L. 100-
            203, Title V, Sec. 5021, Dec. 22, 1987, 101 Stat. 1330-234.)

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       403  Sec. 10166. Notice of disapproval
            (a) In general
                The selection of a site under section 10165 of this 
            title shall be effective at the end of the period of 60 
            calendar days beginning on the date of notification under 
            such subsection, unless the governing body of the Indian 
            tribe on whose reservation such site is located, or, if the 
            site is not on a reservation, the Governor and the 
            legislature of the State in which the site is located, has 
            submitted to Congress a notice of disapproval with respect 
            to such site. If any such notice of disapproval has been 
            submitted under this subsection, the selection of the site 
            under section 10165 of this title shall not be effective 
            except as provided under section 10135(c) of this title.
            (b) References
                For purposes of carrying out the provisions of this 
            subsection, references in section 10135(c) of this title to 
            a repository shall be considered to refer to a monitored 
            retrievable storage facility and references to a notice of 
            disapproval of a repository site designation under section 
            10136(b) or 10138(a) of this title shall be considered to 
            refer to a notice of disapproval under this section. (Pub. 
            L. 97-425, Title I, Sec. 146, as added Pub. L. 100-202, 
            Sec. 101(d) [Title III, Sec. 300], Dec. 22, 1987, 101 Stat. 
            1329-104, 1329-121; Pub. L. 100-203, Title V, Sec. 5021, 
            Dec. 22, 1987, 101 Stat. 1330-235.)
       404  Sec. 10222. Nuclear Waste Fund
            (a) Contracts
                (1) In the performance of his functions under this 
            chapter, the Secretary is authorized to enter into contracts 
            with any person who generates or holds title to high-level 
            radioactive waste, or spent nuclear fuel, of domestic origin 
            for the acceptance of title, subsequent transportation, and 
            disposal of such waste or spent fuel. Such contracts shall 
            provide for payment to the Secretary of fees pursuant to 
            paragraphs (2) and (3) sufficient to offset expenditures 
            described in subsection (d).
                (2) For electricity generated by a civilian nuclear 
            power reactor and sold on or after the date 90 days after 
            January 7, 1983, the fee under paragraph (1) shall be equal 
            to 1.0 mil per kilowatt-hour.
                (3) For spent nuclear fuel, or solidified high-level 
            radioactive waste derived from spent nuclear fuel, which 
            fuel was used to generate electricity in a civilian nuclear 
            power reactor prior to the application of the fee under 
            paragraph (2) to such reactor, the Secretary shall, not

[[Page 480]]

            later than 90 days after January 7, 1983, establish a 1 time 
            fee per kilogram of heavy metal in spent nuclear fuel, or in 
            solidified high-level radioactive waste. Such fee shall be 
            in an amount equivalent to an average charge of 1.0 mil per 
            kilowatt-hour for electricity generated by such spent 
            nuclear fuel, or such solidified high-level waste derived 
            therefrom, to be collected from any person delivering such 
            spent nuclear fuel or high-level waste, pursuant to section 
            10143 of this title, to the Federal Government. Such fee 
            shall be paid to the Treasury of the United States and shall 
            be deposited in the separate fund established by subsection 
            (c). In paying such a fee, the person delivering spent fuel, 
            or solidified high-level radioactive wastes derived 
            therefrom, to the Federal Government shall have no further 
            financial obligation to the Federal Government for the long-
            term storage and permanent disposal of such spent fuel, or 
            the solidified high-level radioactive waste derived 
            therefrom.
                (4) Not later than 180 days after January 7, 1983, the 
            Secretary shall establish procedures for the collection and 
            payment of the fees established by paragraph (2) and 
            paragraph (3). The Secretary shall annually review the 
            amount of the fees established by paragraphs (2) and (3) 
            above to evaluate whether collection of the fee will provide 
            sufficient revenues to offset the costs as defined in 
            subsection (d) herein. In the event the Secretary determines 
            that either insufficient or excess revenues are being 
            collected, in order to recover the costs incurred by the 
            Federal Government that are specified in subsection (d), the 
            Secretary shall propose an adjustment to the fee to insure 
            full cost recovery. The Secretary shall immediately transmit 
            this proposal for such an adjustment to Congress. The 
            adjusted fee proposed by the Secretary shall be effective 
            after a period of 90 days of continuous session have elapsed 
            following the receipt of such transmittal unless during such 
            90-day period either House of Congress adopts a resolution 
            disapproving the Secretary's proposed adjustment in 
            accordance with the procedures set forth for congressional 
            review of an energy action under section 6421 of this title. 
            (Pub. L. 97-425, Title III, Sec. 302, Jan. 7, 1983, 96 Stat. 
            2257.)

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                               43 u.s.c.--public lands

                   united states senate procedures enacted in law