[House Report 111-550]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-550
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REQUESTING THE PRESIDENT AND DIRECTING THE SECRETARY OF ENERGY TO
PROVIDE CERTAIN DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO
THE DEPARTMENT OF ENERGY'S APPLICATION TO FORECLOSE USE OF YUCCA
MOUNTAIN AS A HIGH-LEVEL NUCLEAR WASTE REPOSITORY
_______
July 19, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Waxman, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H. Res. 1466]
The Committee on Energy and Commerce, to whom was referred
the resolution (H. Res. 1466) of inquiry requesting the
President and directing the Secretary of Energy to provide
certain documents to the House of Representatives relating to
the Department of Energy's application to foreclose use of
Yucca Mountain as a high-level nuclear waste repository, having
considered the same, report thereon without amendment and
without recommendation.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 3
Statement of General Performance Goals and Objectives............ 3
Constitutional Authority Statement............................... 3
Committee Cost Estimate.......................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Federal Mandates Statement....................................... 3
Advisory Committee Statement..................................... 3
Applicability of Law to Legislative Branch....................... 3
Earmarks and Tax and Tariff Benefits............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
PURPOSE AND SUMMARY
Last May, in its fiscal year 2010 budget request, the
Department of Energy (DOE) announced the Obama Administration's
intent to terminate the Yucca Mountain repository in Nevada.
After evaluating options for bringing the project to an orderly
close, DOE filed a motion with the Nuclear Regulatory
Commission in March 2010 to withdraw its application for a
license for Yucca Mountain, which had been pending before the
Commission. H. Res. 1466 requests the President and directs the
Secretary of Energy to provide certain documents to the House
of Representatives relating to the DOE decision that the
proposed Yucca Mountain waste repository is not a workable
option for nuclear waste disposal.
Specifically, H. Res. 1466 requests all documents related
to any of the following:
the motion to withdraw the licensing
application;
elimination of future funding for Yucca
Mountain;
reprogramming of FY2010 funds to bring the
project to an orderly close;
discontinuation of monitoring and data
collection at the site; and
efforts to preserve documents supporting the
license application.
BACKGROUND AND NEED FOR LEGISLATION
H. Res. 1466 is a resolution of inquiry. Under clause 7 of
rule XIII of the Rules of the House of Representatives, the
Committee must act on such a resolution within 14 legislative
days or a privileged motion to discharge the Committee is in
order.
Under the rules and precedents of the House, a resolution
of inquiry is one of the methods used by the House to obtain
information from the executive branch. According to volume 7,
chapter 24, section 8 of Deschler's Procedure, it is a ``simple
resolution making a direct request or demand of the President
or the head of an executive department to furnish the House of
Representatives with specific factual information in the
possession of the executive branch.''
A resolution of inquiry is a significant oversight tool
that should be used only after other attempts to obtain
information from the executive branch have been attempted and
failed. It is the Committee's understanding that this
resolution of inquiry was introduced before its author had
attempted to obtain from the Administration directly the
information sought by the resolution. However, a number of
members of the Committee on Energy and Commerce have also
expressed interest in obtaining information regarding the Yucca
Mountain decision, some of which overlaps with the subjects
described in H. Res. 1466. On July 15, 2010, Committee Chairman
Waxman, Ranking Member Barton, Subcommittee on Oversight and
Investigations Chairman Stupak, and Subcommittee on Oversight
and Investigations Ranking Member Burgess agreed to work
together in a timely fashion to obtain information from the
Administration relating to its decision-making concerning a
national nuclear waste repository at Yucca Mountain. Given
these facts, the Committee approved forwarding this report on
H. Res. 1466 to the House without recommendation.
COMMITTEE CONSIDERATION
The Committee on Energy and Commerce held no hearings on H.
Res. 1466. The full Committee met in open markup session on
July 15, 2010. No amendments were offered to the resolution
during its consideration and subsequently the Committee agreed
by a voice vote to a motion ordering H. Res. 1466 reported to
the House without recommendation.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto.
There were no record votes on the resolution. The Committee
approved by a voice vote a motion by Mr. Waxman ordering H.
Res. 1466 reported to the House without recommendation.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the findings and
recommendations of the Committee are reflected in the
descriptive portions of this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
H. Res. 1466 is intended to request the President and
direct the Secretary of Energy to furnish certain documents
relating to the DOE decision that the proposed Yucca Mountain
waste repository is not a workable option for nuclear waste
disposal.
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds that clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives, requiring a statement of
constitutional authority for laws proposed by bills or joint
resolutions, does not apply because H. Res. 1466 is not a bill
or joint resolution that may be enacted into law.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d) of rule XIII of the Rules of the
House of Representatives, the Committee estimates the costs of
implementing the resolution would be minimal. The Congressional
Budget Office did not provide a cost estimate for the
resolution.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives, the Committee finds that H. Res. 1466
would result in no new budget authority, entitlement authority,
or tax expenditures or revenues.
FEDERAL MANDATES STATEMENT
H. Res. 1466 contains no unfunded mandates.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by H. Res.
1466.
APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH
The Committee finds that H. Res. 1466 does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
EARMARKS AND TAX AND TARIFF BENEFITS
H. Res. 1466 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
H. Res. 1466 requests the President and directs the
Secretary of Energy to furnish to the House of Representatives,
not later than 14 days after the adoption of this resolution,
all documents relating to the following:
``(1) The Department of Energy's Motion to Withdraw its
pending licensing application with prejudice for a permanent
geologic repository at Yucca Mountain, Nevada.
``(2) The President's elimination of future funding for
Yucca Mountain.
``(3) The Department of Energy's reprogramming of fiscal
year 2010 funds `to bring the Yucca Mountain Project to an
orderly close.'
``(4) The Department of Energy's discontinuation of
standard monitoring and data collection at the site.
``(5) The Department of Energy's efforts to preserve
documents supporting its Yucca Mountain Repository License
Application.''
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This resolution does not change any existing federal
statute.