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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.

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