    [United States Senate Manual, 118th Congress]
    [S. Doc. 118-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 454-496]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 454]]

                           TITLE 42--THE PUBLIC HEALTH AND WELFARE

                    Chapter 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY

           387  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 455]]

                                (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 456]]

                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.)

                                        * * * * * * *

           388  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 457]]

                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.)

                                        * * * * * * *

           389  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 458]]

                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.)

                                        * * * * * * *

           390  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 459]]

                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.)
           391  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 460]]

                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.)

                                        * * * * * * *

           392  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 461]]

                (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 462]]

                (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 463]]

                    (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.
                    (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 464]]

           393  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.)

                                        * * * * * * *

           394  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 465]]

                                    (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 466]]

                    (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 467]]

                    (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 468]]

                                    (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 469]]

                                (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 470]]

                                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 471]]

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

    [[Page 472]]

                                1, 1946, ch. 724, Title I, Sec. 135, as
                                added Pub. L. 114-17, Sec. 2, May 22, 2015,
                                129 Stat. 201.)

                                        * * * * * * *

           395  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 473]]

                                (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 474]]

                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 475]]

                    (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

           396  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 476]]

                (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 477]]

                    (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.)
           397  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 478]]

                                    (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 479]]

                    (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 480]]

           398  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 481]]

                            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 482]]

                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.)
           399  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 483]]

                    (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 484]]

                    (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 485]]

                            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 486]]

                            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

           400  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 487]]

                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

           401  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 488]]

                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 489]]

                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 490]]

                            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 491]]

                            (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.)

                                        * * * * * * *

           402  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 492]]

                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.)

                                        * * * * * * *

           403  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 493]]

                            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 494]]

                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 495]]

           404  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.)

                                        * * * * * * *

           405  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.)
           406  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 496]]

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

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                                   43 u.s.c.--public lands

                       united states senate procedures enacted in law