[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.

                                  
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