
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10135]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 108--NUCLEAR WASTE POLICY
 
  SUBCHAPTER I--DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, 
           SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE
 
 Part A--Repositories for Disposal of High-Level Radioactive Waste and 
                           Spent Nuclear Fuel
 
Sec. 10135. Review of repository site selection


(a) ``Resolution of repository siting approval'' defined

    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 pertains; and the last 
blank space in such resolution shall be filled with the date of such 
submission.

(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 10134 of this title, 
unless the Governor and 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 10136 or 10138 of this title. If 
any such notice of disapproval has been submitted, the designation of 
such site shall not be effective except as provided under subsection (c) 
of this section.

(c) Congressional review of petitions

    If any notice of disapproval of a repository site designation has 
been submitted to the Congress under section 10136 or 10138 of this 
title after a recommendation for approval of such site is made by the 
President under section 10134 of this title, 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 Senate

    (1) The provisions of this subsection are enacted by the Congress--
        (A) as an exercise of the rulemaking power of the Senate, and as 
    such they are deemed a part of the rules of the Senate, but 
    applicable only with respect to the procedure to be followed in the 
    Senate in the case of resolutions of repository siting approval, and 
    such provisions supersede other rules of the Senate only to the 
    extent that they are inconsistent with such other rules; and
        (B) with full recognition of the constitutional right of the 
    Senate to change the rules (so far as relating to the procedure of 
    the Senate) at any time, in the same manner and to the same extent 
    as in the case of any other rule of the Senate.

    (2)(A) Not later than the first day of session following the day on 
which any notice of disapproval of a repository site selection is 
submitted to the Congress under section 10136 or 10138 of this title, a 
resolution of repository siting approval shall be introduced (by 
request) in the Senate by the chairman of the committee to which such 
notice of disapproval is referred, or by a Member or Members of the 
Senate designated by such chairman.
    (B) Upon introduction, a resolution of repository siting approval 
shall be referred to the appropriate committee or committees of the 
Senate by the President of the Senate, and all such resolutions with 
respect to the same repository site shall be referred to the same 
committee or committees. Upon the expiration of 60 calendar 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 make its recommendations to the 
Senate.
    (3) If any committee to which is referred a resolution of siting 
approval introduced under paragraph (2)(A), or, in the absence of such a 
resolution, any other resolution of siting approval introduced with 
respect to the site involved, has not reported such resolution at the 
end of 60 days of continuous session of Congress after introduction of 
such resolution, such committee shall be deemed to be discharged from 
further consideration of such resolution, and such resolution shall be 
placed on the appropriate calendar of the Senate.
    (4)(A) When each committee to which a resolution of siting approval 
has been referred has reported, or has been deemed to be discharged from 
further consideration of, a resolution described in paragraph (3), it 
shall at any time thereafter be in order (even though a previous motion 
to the same effect has been disagreed to) for any Member of the Senate 
to move to proceed to the consideration of such resolution. Such motion 
shall be highly privileged and shall not be debatable. Such motion shall 
not be subject to amendment, to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which such motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of such resolution 
is agreed to, such resolution shall remain the unfinished business of 
the Senate until disposed of.
    (B) Debate on a resolution of siting approval, and on all debatable 
motions and appeals in connection with such resolution, shall be limited 
to not more than 10 hours, which shall be divided equally between 
Members favoring and Members opposing such resolution. A motion further 
to limit debate shall be in order and shall not be debatable. Such 
motion shall not be subject to amendment, to a motion to postpone, or to 
a motion to proceed to the consideration of other business, and a motion 
to recommit such resolution shall not be in order. A motion to 
reconsider the vote by which such resolution is agreed to or disagreed 
to shall not be in order.
    (C) Immediately following the conclusion of the debate on a 
resolution of siting approval, and a single quorum call at the 
conclusion of such debate if requested in accordance with the rules of 
the Senate, the vote on final approval of such resolution shall occur.
    (D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
resolution of siting approval shall be decided without debate.
    (5) If the Senate receives from the House a resolution of repository 
siting approval with respect to any site, then the following procedure 
shall apply:
        (A) The resolution of the House with respect to such site shall 
    not be referred to a committee.
        (B) With respect to the resolution of the Senate with respect to 
    such site--
            (i) the procedure with respect to that or other resolutions 
        of the Senate with respect to such site shall be the same as if 
        no resolution from the House with respect to such site had been 
        received; but
            (ii) on any vote on final passage of a resolution of the 
        Senate with respect to such site, a resolution from the House 
        with respect to such site where the text is identical shall be 
        automatically substituted for the resolution of the Senate.

(e) Procedures applicable to 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 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 procedure 
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 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) 
    of this section and the 60-day period referred to in subsections (d) 
    and (e) of this section.

(g) Information provided to Congress

    In considering any notice of disapproval submitted to the Congress 
under section 10136 or 10138 of this title, the Congress may obtain any 
comments of the Commission with respect to such notice of disapproval. 
The provision of such comments by the Commission shall not be construed 
as binding the Commission with respect to any licensing or authorization 
action concerning the repository involved.

(Pub. L. 97-425, title I, Sec. 115, Jan. 7, 1983, 96 Stat. 2217.)

                  Section Referred to in Other Sections

    This section is referred to in sections 10121, 10134, 10136, 10138, 
10155, 10161, 10166, 10168, 10225 of this title.
