79–008 

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. 


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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 


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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.— 


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(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 OF- FERED 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 highlevel radioactive waste will be transported through that unit of 

general local government for disposal at the repository; and 


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(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. 

Æ 


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