H. Rept. 115-665 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3053) TO AMEND THE NUCLEAR WASTE POLICY ACT OF 1982, AND FOR OTHER PURPOSES115th Congress (2017-2018)
PDF(PDF provides a complete and accurate display of this text.)Tip?
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-665
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3053) TO AMEND THE
NUCLEAR WASTE POLICY ACT OF 1982, AND FOR OTHER PURPOSES
_______
May 8, 2018.--Referred to the House Calendar and ordered to be printed
_______
Mr. Newhouse, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 879]
The Committee on Rules, having had under consideration
House Resolution 879, by a record vote of 7 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3053, the
Nuclear Waste Policy Amendments Act of 2018, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 115-
69 and provides that it shall be considered as read. The
resolution waives all points of order against that amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in this report. Each such
amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in this report. The resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 3053 includes a waiver of:
The waiver of all points of order against consideration of
H.R. 3053 includes a waiver of:
Clause 10 of rule XXI, which prohibits the consideration of
a bill if it has the net effect of increasing mandatory
spending over the five-year or ten-year period. It is important
to note that, if adopted, the amendment in the nature of a
substitute made in order as original text cures the violations
over both five and ten years.
Section 302(f) of the Congressional Budget Act, which
prohibits consideration of legislation providing new budget
authority in excess of a 302(a) allocation of such authority.
It is important to note that, if adopted, the amendment in the
nature of a substitute made in order as original text cures the
violation.
Section 311 of the Congressional Budget Act, which
prohibits consideration of legislation that would cause the
level of total new budget authority for the first fiscal year
to be exceeded. It is important to note that, if adopted, the
amendment in the nature of a substitute made in order as
original text cures the violation.
The amendment in the nature of a substitute made in order
as original text includes a waiver of the following:
Section 306 of the Congressional Budget Act, which
prohibits consideration of legislation within the jurisdiction
of the Committee on the Budget unless referred to or reported
by the Budget Committee. Section 5101 of H. Con. Res. 71, which
prohibits the consideration of legislation that has the net
effect of increasing direct spending in excess of $2.5 billion
for any of the four consecutive ten fiscal year periods
beginning with the first fiscal year that is 10 fiscal years
after the current fiscal year.
The waiver of all points of order against the amendments
printed in this report includes a waiver of clause 12(a)(2) of
rule XXI, which prohibits consideration of an amendment in the
nature of a substitute unless there is a searchable electronic
comparative print that shows how the amendment proposes to
change current law. The waiver is necessary for the amendment
in the nature of substitute #9, offered by Rep. Titus.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 210
Motion by Mr. McGovern to make in order and provide the
appropriate waivers to amendment #1 to H.R. 3053, offered by
Rep. Rosen (NV) which prohibits any action relating to the
licensing, planning, development, or construction of a nuclear
waste repository at the Yucca Mountain site until the Director
of the Office of Management and Budget studies the economic
viability and job-creating benefits of alternative uses of the
site. Defeated 4-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... ............ Mr. Polis......................... Yea
Mr. Collins..................................... Nay Mrs. Torres....................... Yea
Mr. Byrne....................................... Nay
Mr. Newhouse.................................... Nay
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 211
Motion by Mr. Collins to report the rule. Adopted 7-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... ............ Mr. Polis......................... Nay
Mr. Collins..................................... Yea Mrs. Torres....................... Nay
Mr. Byrne....................................... Yea
Mr. Newhouse.................................... Yea
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Keating (MA): Requires the Department of Energy to
publish a financial statements summary in its annual Nuclear
Waste Fund financial statement audit. (10 minutes)
2. Schneider (IL), Lowey (NY): Requires a report on
existing resources across the federal government that could
assist communities struggling with the economic impact of a
nuclear plant closure and housing spent nuclear fuel and assist
communities in the decommissioning process with developing
economic adjustment plans. (10 minutes)
3. Titus (NV): SUBSTITUTE Strikes the language of H.R. 3053
and insert language establishing a consent-based siting process
for determining a permanent nuclear waste repository. (10
minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title VI, add the following section:
SEC. 609. REQUIREMENT FOR FINANCIAL STATEMENTS SUMMARY.
The Department of Energy shall include a financial statements
summary in each audit report on the Department of Energy
Nuclear Waste Fund's fiscal year financial statement audit.
----------
2. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 609. STRANDED NUCLEAR WASTE.
(a) Stranded Nuclear Waste Task Force.--
(1) Establishment.--The Secretary shall establish a
task force, to be known as the Stranded Nuclear Waste
Task Force--
(A) to conduct a study on existing public and
private resources and funding for which
affected communities may be eligible; and
(B) to develop immediate and long-term
economic adjustment plans tailored to the needs
of each affected community.
(2) Study.--Not later than 180 days after the date of
enactment of this Act, the Stranded Nuclear Waste Task
Force shall complete and submit to Congress the study
described in paragraph (1).
(b) Definitions.--In this section:
(1) Affected community.--The term ``affected
community'' means a municipality that contains stranded
nuclear waste within the boundaries of the
municipality, as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(3) Stranded nuclear waste.--The term ``stranded
nuclear waste'' means nuclear waste or spent nuclear
fuel stored in dry casks or spent fuel pools at a
decommissioned or decommissioning nuclear facility.
----------
3. An Amendment in the Nature of a Substitute To Be Offered by
Representative Titus of Nevada or Her Designee, Debatable for 10
Minutes
Page 1, strike line 1 and all that follows through the end of
the Rules Committee Print, and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Informed Consent
Act''.
SEC. 2. DEFINITIONS.
In this Act, the terms ``affected Indian tribe'', ``affected
unit of local government'', ``high-level radioactive waste'',
``repository'', ``Secretary'', ``spent nuclear fuel'', ``unit
of general local government'', and ``Waste Fund'' have the
meanings given the terms in section 2 of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101).
SEC. 3. CONSENT BASED APPROVAL.
(a) In General.--The Secretary may not make an expenditure
from the Waste Fund for the costs of the activities described
in paragraphs (4) and (5) of section 302(d) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(d)) unless the
Secretary has entered into an agreement to host a repository
with--
(1) the Governor of the State in which the repository
is proposed to be located;
(2) each affected unit of local government;
(3) any unit of general local government contiguous
to the affected unit of local government if spent
nuclear fuel or high-level radioactive waste will be
transported through that unit of general local
government for disposal at the repository; and
(4) each affected Indian tribe.
(b) Conditions on Agreement.--Any agreement to host a
repository under this Act--
(1) shall be in writing and signed by all parties;
(2) shall be binding on the parties; and
(3) shall not be amended or revoked except by mutual
agreement of the parties.
[all]
