PlainBillCongress, translated.Legislation. Context. Public interest.Cloture on the motion to proceed to consideration not invoked in Senate by Yea-Nay Vote. 56-39. Record Vote No: 148. (consideration: CR S5564)
Congressional Research Service
Version 36 · Passed House amended · Oct 30, 1997
Nuclear Waste Policy Act of 1997 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2002; (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Authorizes the Secretary use rail transportation to meet the requirements of this Act if direct rail access becomes available to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Provides that reasonable expenses of such representation shall be paid by the Secretary. Prescribes requirements in the following areas in order to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2002: (1) transportation planning and readiness; (2) package certification; (3) technical assistance and funds to jurisdictional entities for training public safety officials, nonprofit employee organizations, voluntary emergency response organizations, and joint labor-management organizations experienced in worker health and safety training; (4) employee protection and training standards applicable to workers directly involved in the removal and transportation of spent nuclear fuel and high-level radioactive waste; and (5) interim storage facility, permanent disposal, and land withdrawal. Requires the Secretary, after analyzing each specific reactor facility in the order of priority established in the acceptance schedule, to develop a logistical plan to assure the Secretary's ability to transport spent nuclear fuel and high-level radioactive waste using routes that minimize transportation through populated areas to the maximum practical extent and consistent with Federal requirements for transportation of hazardous materials. Requires the Secretary of Transportation to establish preferred rail route selection procedures for such transportation to the interim storage site and the repository site. Mandates that training standards ensure the ability of emergency response personnel to protect nearby persons, property or the environment from the effects of accidents involving spent nuclear fuel and high-level radioactive waste. Instructs the Secretary to: (1) offer Nye County, Nevada, an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to grant payments in lieu of taxes to any affected Indian or local jurisdiction until the termination of the integrated management system activities. Authorizes the Secretary to contract with any person holding title to or generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Requires the Secretary to determine the level of an annual fee for electricity generated and sold by each civilian nuclear power reactor. Permits the Secretary to make expenditures from the Nuclear Waste Fund in the event of a shortfall. Requires the NRC to suspend the license of any licensee who fails or refuses to pay the currently required one-time fee on spent nuclear fuel, or high-level radioactive waste derived from it, and used to generate electricity in a civilian nuclear power reactor before April 7, 1983. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Expresses the sense of the Congress that to the greatest extent practicable all equipment and products purchased with funds made available under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Prohibits contracts with persons falsely labeling products as "Made in America." Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
People & committees
Rep. Upton, Fred [R-MI-6] · R–MI
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Cloture on the motion to proceed to consideration not invoked in Senate by Yea-Nay Vote. 56-39. Record Vote No: 148. (consideration: CR S5564)
Senate roll call 148 · Individual votesMotion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S5400)
Cloture motion on the motion to proceed presented in Senate. (consideration: CR S5400)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S5400)
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 312.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1270.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 307 - 120 (Roll no. 557).
House roll call 557 · Individual votesPassed/agreed to in House: On passage Passed by recorded vote: 307 - 120 (Roll no. 557).
House roll call 557 · Individual votesOn motion to recommit with instructions Failed by recorded vote: 142 - 283 (Roll no. 556). (consideration: CR H9769-9771)
House roll call 556 · Individual votesDEBATE - The House proceeded with 10 minutes of debate on the Markey motion.
Mr. Markey moved to recommit with instructions to Commerce.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1270.
The Traficant amendment would require that contracts granted to carry out the provisions in the bill must comply with the Buy American Act.
The Gibbons amendment would eliminate the cap on the user fee that may be collected. Under the bill, the limit is 1.5 mill or 15 hundredths of a cent per kilowatt hour.
The Markey amendment would permit the EPA to promulgate radiation standards.
The Ensign amendment would prevent transportation of any nuclear waste until Congress has appropriated sufficient funds to ensure adequate emergency response teams along the proposed nuclear waste transportation routes.
The Gibbons amendment would require the Governor of each State with nuclear waste routes to certify that the State has prepared an emergency response plan capable of managing any accident that may occur during transport.
The Ensign amendement would require that a risk assessment and cost benefit analysis be conducted before and Department of Energy can carry out any provision in the bill.
The Chair announced the unfinished business to be the requests for recorded votes on amendments postponed on Wednesday, October 29, in the following order: Ensign, Markey, Gibbons, and Traficant amendments.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H9764-9771)
Committee of the Whole House on the state of the Union rises leaving H.R. 1270 as unfinished business.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Traficant amendment, the Chair put the question and by voice vote, declared that the ayes had prevailed. Mr. Upton demanded a recorded vote and the Chair postponed further proceedings.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 10 minutes of debate on the Traficant amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Gibbons amendment, the Chair put the question on the amendment and by voice vote, declared that the noes had prevailed. Mr. Gibbons demanded a recorded vote and the Chair postponed further proceedings.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 20 minutes of debate on the Gibbons amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on the amendment and by voice vote, declared that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the amendment.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 20 minutes of debate on the Markey amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Ensign amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Ensign demanded a recorded vote and, pursuant to the provisions of H. Res. 283, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Ensign amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Gibbons amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Gibbons demanded a recorded vote and, pursuant to the provisions of H. Res. 283, further proceedings were postponed.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with 20 minutes of debate on the Gibbons amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Ensign amendment and announced that, by voice vote, the amendment was not agreed to. Mr. Ensign demanded a recorded vote and, pursuant to the provisions of H. Res. 283, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with 20 minutes of debate on the Ensign amendment.
At the conclusion of debate, the Chair put the question on agreeing to the Traficant amendment and announced that, by voice vote, the amendment was agreed to. Mr. Traficant demanded a recorded vote and, pursuant to the provisions of H. Res. 283, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with eighty minutes of debate.
At the conclusion of debate, the Chair put the question on agreeing to the Kildee amendment and announced that, by voice vote, the amendment was agreed to. Mr. Hastered demanded a recorded vote and, pursuant to the provisions of H. Res. 283, further proceedings were postponed.
DEBATE - The Committee of the Whole proceeded with eighty minutes of debate.
DEBATE - Pursuant to the provisions of H. Res. 283, the Committee of the Whole proceeded with ten minutes of debate on the Schaefer amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with eighty minutes of debate.
The Speaker designated the Honorable Scott McInnis to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 280 and Rule XXIII.
Rule provides for consideration of H.R. 1270 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Commerce now printed in the bill. Points of order against that substitute for failure to comply with provisions of the Budget Act shall be waived. No other amendment shall be in order except those printed in the report accompanying this resolution, debatable as specified in the report. Points of order against the last printed amendment for failure to compy with the Budget Act shall be waived.
Considered under the provisions of rule H. Res. 280. (consideration: CR H9655-9706)
PERMISSION TO MODIFY AN AMENDMENT - Mr. Dan Schaefer of Colorado asked unanimous consent that, during consideration of H.R. 1270 pursuant to H. Res. 283, it may be in order to consider the amendment numbered 1 in House Report 105-354 in a modified form which he had placed at the desk. Agreed to without objection.
POINT OF ORDER AGAINST CONSIDERATION - Mr. Ensign of Nevada made a point of order that provisions of H.R. 1270 violate the Unfunded Mandates Reform Act of 1995 and pursuant to such violation, the House cannot proceed with consideration of the bill. The House proceeded with 20 minutes of debate on the merits of the point of order. At the conclusion of debate, the Speaker pro tempore will put the question on the question of consideration.
Rule H. Res. 283 passed House.
Rules Committee Resolution H. Res. 283 Reported to House. Rule provides for consideration of H.R. 1270 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be read by section. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Commerce now printed in the bill. No other amendment to the substitute shall be in order execpt those printed in the report accompanying this resolution, to be offered in the order an manner specified. After passage of the bill, it shall be in order to take from the Speaker's table the bill S. 104 and to consider the Senate bill in the House. It shall be in order to move to strike all after the enacting clause of the Senate bill and insert in lieu the provisions of H.R....
Rules Committee Resolution H. Res. 280 Reported to House. Rule provides for consideration of H.R. 1270 with 1 hour and 20 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Commerce now printed in the bill. Points of order against that substitute for failure to comply with provisions of the Budget Act shall be waived. No other amendment shall be in order except those printed in the report accompanying this resolution, debatable as specified in the report. Points of order against the last printed amendment for failure to compy with the Budget Act shall be waived.
Placed on the Union Calendar, Calendar No. 195.
Reported (Amended) by the Committee on Resources. H. Rept. 105-290, Part II.
Reported (Amended) by the Committee on Resources. H. Rept. 105-290, Part II.
Ordered to be Reported Unfavorably (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
House Committee on Resources Granted an extension for further consideration ending not later than Oct. 21, 1997.
Committee on Transportation discharged.
Committee on Transportation discharged.
House Committee on Transportation Granted an extension for further consideration ending not later than Oct. 1, 1997.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-290, Part I.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-290, Part I.
Ordered to be Reported (Amended) by the Yeas and Nays: 43 - 3.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 21 - 3.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Referred to the Subcommittee on Surface Transportation.
Referred to the Subcommittee on Railroads.
Executive Comment Requested from Interior.
Referred to the Subcommittee on National Parks and Public Lands.
Referred to the Subcommittee on Energy and Power.
Referred to House Transportation and Infrastructure
Referred to House Resources
Referred to the Committee on Commerce, and in addition to the Committees on Resources, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Commerce
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We currently store references to these documents.
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
AI Conversation Starters
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Analyze H.R.1270 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.R.1270 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine H.R.1270 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine H.R.1270 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.