[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[Legislate Procedures Enacted in Law]
[Pages 1145-1147]
[From the U.S. Government Printing Office, www.gpo.gov]



    7. Foreign Spent Nuclear Fuel [Department of Energy Act of 1978--


           Civilian Applications, Sec. 107 (22 U.S.C. 3224a)]


[[Page 1146]]

foreign spent nuclear fuel (including any nuclear fuel irradiated in any 
nuclear power reactor located outside of the United States and operated 
by any foreign legal entity, government or nongovernment, regardless of 
the legal ownership or control of the fuel or the reactor, and 
regardless of the origin or licensing of the fuel or the reactor, but 
not including fuel irradiated in a research reactor, and not including 
fuel irradiated in a power reactor if the President determines that (1) 
use of funds for repurchase, transportation or storage of such fuel is 
required by an emergency situation, (2) it is in the interest of the 
common defense and security of the United States to take such action, 
and (3) he notifies the Congress of the determination and action, with a 
detailed explanation and justification thereof, as soon as possible) 
unless the President formally notifies, with the report information 
specified herein, the Committee on Energy and Natural Resources of the 
Senate and the Committee on Science, Space, and Technology of the House 
of Representatives of such use of funds thirty calendar days, during 
such time as either House of Congress is in session, before the 
commitment, expenditure, or obligation of such funds: And provided 
further, That, notwithstanding any other provision of law, that none of 
the funds appropriated pursuant to this Act or any other funds made 
available to the Secretary of Energy under any other authorization or 
appropriation Act shall be used, directly or indirectly, for the 
repurchase, transportation, or storage of any such foreign spent nuclear 
fuel for storage or other disposition, interim or permanent, in the 
United States, unless the use of the funds for that specific purpose has 
been (1) previously and expressly authorized by Congress in legislation 
hereafter enacted, (2) previously and expressly authorized by a 
concurrent resolution, or (3) the President submits a plan for such use, 
with the report information specified herein, thirty days during which 
the Congress is in continuous session, as defined in the Impoundment 
Control Act of 1974, prior to such use and neither House of Congress 
approves a resolution of disapproval of the plan prior to the expiration 
of the aforementioned thirty-day period. If such a resolution of 
disapproval has been introduced, but has not been reported by the 
Committee on or before the twentieth day after transmission of the 
presidential message, a privileged motion shall be in order in the 
respective body to discharge the Committee from further consideration of 
the resolution and to provide for its immediate consideration, using

[[Page 1147]]

the procedures specified for consideration of an impoundment resolution 
in section 1017 of the Impoundment Control Act of 1974 (2 U.S.C. 688).

  Sec. 107. * * * Provided, That notwithstanding any other provision of 
law, that none of the funds made available to the Secretary of Energy 
under any other authorization or appropriation Act shall be used, 
directly or indirectly, for the repurchase, transportation or storage of 
any

  This provision should be read in light of INS v. Chadha, 462 U.S. 919 
(1983).




                                                            Sec. 1130(8)