tions of the House of Representatives and the Committee on Foreign Relations of the Senate, but such export shall not occur if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed export. Any such license or authorization shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions. disapproval, "(2) If the Congress adopts a resolution of dis- Congressional approval pursuant to paragraph (1), no further ex- resolution. port 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. authorizations, "(3) If the Congress does not adopt a resolution of Export disapproval with respect to a license or authoriza- congressional tion submitted pursuant to paragraph (1), the cri- review. terion 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 twelvemonth 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.87 "SEC. 129. CONDUCT RESULTING IN TERMINATION OF NUCLEAR EXPORTS.— "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 the effective date of this section, "(A) detonated a nuclear explosive device; or "(B) terminated or abrogated IAEA safeguards; or 67 Public Law 95-242 (92 Stat. 137) (1978), sec. 306, added sec. 128. terminations, criterion. Report to Infra. "(C) materially violated an IAEA safeg agreement; or "(D) engaged in activities involving so or special nuclear material and having d significance for the manufacture or acquis of nuclear explosive devices, and has faile take steps which, in the President's judg represent sufficient progress toward terminat such activities; or "(2) any nation or group of nations that is for by the President to have, at any time after the ef tive date of this section, "(A) materially violated an agreement for operation with the United States, or, with spect to material or equipment not supplied der an agreement for cooperation, material violated the terms under which such material: equipment was supplied or the terms of an commitments obtained with respect thereto pur suant to section 402 (a) of the Nuclear Nor Proliferation Act of 1978; or "(B) assisted, encouraged, or induced an non-nuclear-weapon state to engage in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress toward terminating such assistance, encouragement, or inducement; or "(C) entered into an agreement after the date of enactment of this section for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a non-nuclear-weapon state except in connection with an intentional fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or understanding to which the United States subscribes; unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security: Provided, That prior to the effective date of any such determination, the President's determination, together with a report containing the reasons for his determination, shall be submitted to the Congress and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of sixty days of continuous session (as defined in subsection 130 g. of this act), but any such determination 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 determination. Any such determination shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions.88 42 USC 2159. committee Post, p. 142. 137, 138, 127. 2164. Ante, pp. 131, 42 U.S.C. 2121, "SEC. 130, CONGRESSIONAL REVIEW PROCEDURES."a. Not later than forty-five days of continuous session Congressional of Congress after the date of transmittal to the Congress reports. of any submission of the President required by subsection 123 d., 126 a. (2), 126 b. (2), 128 b., 129, 131 a. (3), or 131 f. (1) (A) of this Act, the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives, and in addition, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, 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 fortyfive day period, such committee shall be deemed to be discharged from further consideration of such submission and if, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c. of this Act, the other relevant committee of that House has reported such a resolution, such committee shall be deemed discharged from further consideration of that resolution. If no such resolution has been reported at the end of such period, the first resolution, as defined in subsection f., which is introduced within five days thereafter within such House shall be placed on the appropriate calendar of such House. "b. When the relevant committee or committees have reported such a resolution (or have been discharged from further consideration of such a resolution pursuant to subsection a.) 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 Public Law 95-242 (92 Stat. 138) (1978), sec. 307. added sec. 129. "Resolution." Continuous sessions of Congress, computation. disagreed to shall not be in order. If a motion to pro to the consideration of the resolution is agreed to, the olution shall remain the unfinished business of the re tive House until disposed of. "c. Debate on the resolution, and on all debatable: tions and appeals in connection therewith, shall limited to not more than ten hours, which shall be divi equally between individuals favoring and individuals posing the resolution. A motion further to limit deb is in order and not debatable. An amendment to a mot to postpone, or a motion to recommit the resolution, or motion to proceed to the consideration of other busine is not in order. A motion to reconsider the vote by whi the resolution is agreed to or disagreed to shall not be order. No amendment to any concurrent resolution pu suant to the procedures of this section is in order excer as provided in subsection d. "d. Immediately following (1) the conclusion of the debate on such concurrent resolution, (2) a single quorum call at the conclusion of debate if requested in accordanc 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 consid eration is a concurrent resolution of approval, the vote on final approval of the resolution shall occur. "e. Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to such a resolution shall be decided without debate. "f. For the purposes of subsections a. through e. of this by the President on "g. For the purposes 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 three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. "h. This section is enacted by Congress "(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by subsection f. of this section; and they supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.89 "SEC. 131. SUBSEQUENT ARRANGEMENTS. 42 U.S.C. 2160, "a. (1) Prior to entering into any proposed subsequent Consultation. arrangement under an agreement for cooperation (other than an agreement for cooperation arranged pursuant 2164, to subsection 91 c., 144 b., or 144 c. of this Act), the 42U.S.C. 2121, Secretary of Energy shall obtain the concurrence of the Secretary of State and shall consult with the Director, the Commission, and the Secretary of Defense: Provided, That the Secretary of State shall have the leading role in any negotiations of a policy nature pertaining to any proposed subsequent arrangement regarding arrangements for the storage or disposition of irradiated fuel elements or approvals for the transfer, for which prior approval is required under an agreement for cooperation, by a recipient of source or special nuclear material, production or utilization facilities, or nuclear technology. Notice of any proposed subsequent arrange- Notice, ment shall be published in the Federal Register, together publication in with the written determination of the Secretary of En- Register. ergy that such arrangement will not be inimical to the common defense and security, and such proposed subsequent arrangement shall not take effect before fifteen days after publication. Whenever the Director declares that he intends to prepare a Nuclear Proliferation Assessment Statement pursuant to paragraph (2) of this subsection, notice of the proposed subsequent arrangement which is the subject of the Director's declaration shall not be published until after the receipt by the Secretary of Energy of such Statement or the expiration of the time authorized by subsection c. for the preparation of such Statement, whichever occurs first. the Federal Proliferation "(2) If in the Director's view a proposed subsequent Nuclear arrangement might significantly contribute to prolifera- Assessment tion, he may prepare an unclassified Nuclear Prolifera- Statement. tion Assessment Statement with regard to such proposed subsequent arrangement regarding the adequacy of the safeguards and other control mechanisms and the application of the peaceful use assurances of the relevant agreement to ensure that assistance to be furnished pursuant to the subsequent arrangement will not be used to further any military or nuclear explosive purpose. "Subsequent For the purposes of this section, the term 'subsequent arrangements." Public Law 95-242 (92 Stat. 138) (1978), sec. 308, added sec. 130. |