    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Legislate Procedures Enacted in Law]
    [Pages 1232-1238]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    a. high-level radioactive waste and spent nuclear fuel, Sec. Sec. 111-25

             24. Nuclear Waste Policy Act of 1982 [42 U.S.C. 10101]

                              [42 U.S.C. 10131-45]

                  review of repository site selection, Sec. 115

                                [42 U.S.C. 10135]

    [[Page 1232]]

    tains; and the
    last blank space in such resolution shall be filled with the date of
    such submission.
      Sec. 115. (a) definition.--For purposes of this section, the term
    ``resolution of repository siting approval'' means a joint resolution of
    the Congress, the matter after the resolving clause of which is as
    follows: ``That there hereby is approved the site at ___ for a
    repository, with respect to which a notice of disapproval was submitted
    by ___ on ___''. The first blank space in such resolution shall be
    filled with the name of the geographic location of the proposed site of
    the repository to which such resolution pertains; the second blank space
    in such resolution shall be filled with the designation of the State
    Governor and legislature or Indian tribe governing body submitting the
    notice of disapproval to which such resolution per

      (b) state or indian tribe petitions.--The designation of a site as
    suitable for application for a construction authorization for a
    repository shall be effective at the end of the 60-day period beginning
    on the date that the President recommends such site to the Congress
    under section 114, unless the Governor and the legislature of the State
    in which such site is located, or the governing body of an Indian tribe
    on whose reservation such site is located, as the case may be, has
    submitted to the Congress a notice of disapproval under section 116 or
    118. If any such notice of disapproval has been submitted, the
    designation of such site shall not be effective except as provided under
    subsection (c).

      (c) congressional review of petitions.--If any notice of disapproval
    of a repository site designation has been submitted to the Congress
    under section 116 or 118 after a recommendation for approval of such
    site is made by the President under section 114, such site shall be
    disapproved unless, during the first period of 90 calendar days of
    continuous session of the Congress after the date of the receipt by the
    Congress of such notice of disapproval, the Congress passes a resolution
    of repository siting approval in accordance with this subsection
    approving such site, and such resolution thereafter becomes law.

      (d) procedures applicable to the senate.--[see 42 U.S.C. 10135(d)]

                                      * * *

      (e) procedures applicable to the house of representatives.--(1) The
    provisions of this section are enacted by the Congress--

              (A) as an exercise of the rulemaking power of the House of

            Representatives, and as such they are deemed a part of the rules

            of the House, but applicable only with respect to the procedure

            to be followed in the House in the case of resolutions of

            repository siting approval, and such provisions supersede other

            rules of the House only to the extent that they are inconsistent

            with such other rules; and

              (B) with full recognition of the constitutional right of the

            House to change the rules (so far as relating to the procedure

            of the House) at any time, in the same manner and to the same

    [[Page 1234]]

            extent as in the case of any other rule of the House.

      (2) Resolutions of repository siting approval shall, upon
    introduction, be immediately referred by the Speaker of the House to the
    appropriate committee or committees of the House. Any such resolution
    received from the Senate shall be held at the Speaker's table.

      (3) Upon the expiration of 60 days of continuous session after the
    introduction of the first resolution of repository siting approval with
    respect to any site, each committee to which such resolution was
    referred shall be discharged from further consideration of such
    resolution, and such resolution shall be referred to the appropriate
    calendar, unless such resolution or an identical resolution was
    previously reported by each committee to which it was referred.

      (4) It shall be in order for the Speaker to recognize a Member
    favoring a resolution to call up a resolution of repository siting
    approval after it has been on the appropriate calendar for 5 legislative
    days. When any such resolution is called up, the House shall proceed to
    its immediate consideration and the Speaker shall recognize the Member
    calling up such resolution and a Member opposed to such resolution for 2
    hours of debate in the House, to be equally divided and controlled by
    such Members. When such time has expired, the previous question shall be
    considered as ordered on the resolution to adoption without intervening
    motion. No amendment to any such resolution shall be in order, nor shall
    it be in order to move to reconsider the vote by which such resolution
    is agreed to or disagreed to.

      (5) If the House receives from the Senate a resolution of repository
    siting approval with respect to any site, then the following procedures
    shall apply:

              (A) The resolution of the Senate with respect to such site

            shall not be referred to a committee.

              (B) With respect to the resolution of the House with respect

            to such site--

                      (i) the procedure with respect to that or other

                    resolutions of the House with respect to such site shall

                    be the same as if no resolution from the Senate with

                    respect to such site had been received; but

                      (ii) on any vote on final passage of a resolution of

                    the House with respect to such site, a resolution from

                    the Senate with respect to such site where the text is

                    identical shall be automatically substituted for the

    [[Page 1235]]

                    resolution of the House.

      (f) computation of days.--For purposes of this section--

              (1) continuity of session of Congress is broken only by an

            adjournment sine die; and

              (2) the days on which either House is not in session because

            of an adjournment of more than 3 days to a day certain are

            excluded in the computation of the 90-day period referred to in

            subsection (c) and the 60-day period referred to in subsections

            (d) and (e).

                                      * * *

      The first time the House considered a measure under these procedures
    was to address the proposed Yucca Mountain Repository Site (H. J. Res.
    87, May 8, 2002, p. 7145). A privileged joint resolution of approval
    called up under these procedures is subject to a point of order under
    section 425 of the Congressional Budget Act of 1974 (relating to
    unfunded mandates) (May 8, 2002, p. 7145).

                                                              Sec. 1130(24B)

                  b. interim storage program, Sec. Sec. 131-37

                              [42 U.S.C. 10151-57]

            review of storage sites and state participation, Sec. 135

                                [42 U.S.C. 10155]

    [[Page 1236]]

    storage capacity at such site was disapproved by
    such Governor or legislature or the governing body of such Indian tribe.
      Sec. 135. * * * (d) * * * (6)(A) Upon deciding to provide an aggregate
    of 300 or more metric tons of storage capacity under subsection (a)(1)
    at any one site, the Secretary shall notify the Governor and legislature
    of the State where such site is located, or the governing body of the
    Indian tribe in whose reservation such site is located, as the case may
    be, of such decision. During the 60-day period following receipt of
    notification by the Secretary of his decision to provide an aggregate of
    300 or more metric tons of storage capacity at any one site, the
    Governor or legislature of the State in which such site is located, or
    the governing body of the affected Indian tribe where such site is
    located, as the case may be, may disapprove the provision of 300 or more
    metric tons of storage capacity at the site involved and submit to the
    Congress a notice of such disapproval. A notice of disapproval shall be
    considered to be submitted to the Congress on the date of the
    transmittal of such notice of disapproval to the Speaker of the House
    and the President pro tempore of the Senate. Such notice of disapproval
    shall be accompanied by a statement of reasons explaining why the
    provision of such

      (B) Unless otherwise provided by State law, the Governor or
    legislature of each State shall have authority to submit a notice of
    disapproval to the Congress under subparagraph (A). In any case in which
    State law provides for submission of any such notice of disapproval by
    any other person or entity, any reference in this subtitle to the
    Governor or legislature of such State shall be considered to refer
    instead to such other person or entity.

      (C) The authority of the Governor and legislature of each State under
    this paragraph shall not be applicable with respect to any site located
    on a reservation.

      (D) If any notice of disapproval is submitted to the Congress under
    subparagraph (A), the proposed provision of 300 or more metric tons of
    storage capacity at the site involved shall be disapproved unless,
    during the first period of 90 calendar days of continuous session of the
    Congress following the date of the receipt by the Congress of such
    notice of disapproval, the Congress passes a resolution approving such
    proposed provision of storage capacity in accordance with the procedures
    established in this paragraph and subsections (d) through (f) of section
    115 and such resolution thereafter becomes law. For purposes of this
    paragraph, the term ``resolution'' means a joint resolution of either
    House of the Congress, the matter after the resolving clause of which is
    as follows: ``That there hereby is approved the provision of 300 or more
    metric tons of spent nuclear fuel storage capacity at the site located
    at ___, with respect to which a notice of disapproval was submitted by
    ___ on ___.''. The first blank space in such resolution shall be filled
    with the geographic location of the site involved; the second blank
    space in such resolution shall be filled with the designation of the
    State Governor and legislature or affected Indian tribe governing body
    submitting the notice of disapproval involved; and the last blank space
    in such resolution shall be filled with the date of submission of such
    notice of disapproval.

    * * *

    [[Page 1237]]

      (E) For purposes of the consideration of any resolution described in
    subparagraph (D), each reference in subsections (d) and (e) of section
    115 to a resolution of repository siting approval shall be considered to
    refer to the resolution described in such subparagraph.

                                                              Sec. 1130(24C)

               c. monitored retrievable storage, Sec. Sec. 141-49

                         secretarial proposal, Sec. 141

                                [42 U.S.C. 10161]

      Sec. 141. * * * (b) submission of proposal by secretary.--(1) On or
    before June 1, 1985, the Secretary shall complete a detailed study of
    the need for and feasibility of, and shall submit to the Congress a
    proposal for, the construction of one or more monitored retrievable
    storage facilities for high-level radioactive waste and spent nuclear
    fuel. Each such facility shall be designed--

              (A) to accommodate spent nuclear fuel and high-level

            radioactive waste resulting from civilian nuclear activities;

              (B) to permit continuous monitoring, management, and

            maintenance of such spent fuel and waste for the foreseeable

            future;

              (C) to provide for the ready retrieval of such spent fuel and

            waste for further processing or disposal; and

              (D) to safely store such spent fuel and waste as long as may

            be necessary by maintaining such facility through appropriate

            means, including any required replacement of such facility. * *

            *

                                      * * *

      (h) participation of states and indian tribes.--Any facility
    authorized pursuant to this section shall be subject to the provisions
    of sections 115, 116(a), 116(b), 116(d), 117, and 118. For purposes of
    carrying out the provisions of this subsection, any reference in
    sections 115 through 118 to a repository shall be considered to refer to
    a monitored retrievable storage facility.

                            site selection, Sec. 145

                                [42 U.S.C. 10165]

    [[Page 1238]]

      Sec. 145. (a) in general.--The Secretary may select the site evaluated
    under section 144 that the Secretary determines on the basis of
    available information to be the most suitable for a monitored
    retrievable storage facility that is an integral part of the system for
    the disposal of spent nuclear fuel and high-level radioactive waste
    established under this Act.

                                      * * *

                         notice of disapproval, Sec. 146

                                [42 U.S.C. 10166]

      Sec. 146. (a) in general.--The selection of a site under section 145
    shall be effective at the end of the period of 60 calendar days
    beginning on the date of notification under such subsection, unless the
    governing body of the Indian tribe on whose reservation such site is
    located, or, if the site is not on a reservation, the Governor and the
    legislature of the State in which the site is located, has submitted to
    Congress a notice of disapproval with respect to such site. If any such
    notice of disapproval has been submitted under this subsection, the
    selection of the site under section 145 shall not be effective except as
    provided under section 115(c).

      (b) references.--For purposes of carrying out the provisions of this
    subsection, references in section 115(c) to a repository shall be
    considered to refer to a monitored retrievable storage facility and
    references to a notice of disapproval of a repository site designation
    under section 116(b) or 118(a) shall be considered to refer to a notice
    of disapproval under this section.

                                                              Sec. 1130(25A)