[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.)
* * * * * * *
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.)
* * * * * * *
43 u.s.c.--public lands
united states senate procedures enacted in law