March 17, 2014

LAWMAKERS STRIKE DEAL ON NDAA, BUT WIPP AMENDMENT NOT IN BILL

By ExchangeMonitor

House and Senate leaders last night agreed to a broad deal that breaks a logjam on negotiations for the Fiscal Year 2014 National Defense Authorization Act, and a House provision that would have allowed non-defense transuranic waste to be sent to the Waste Isolation Pilot Plant is not in the final bill, WC Monitor has learned. With less than two weeks left before the House and Senate are expected to head home for the holidays, debate in the Senate on the bill had stagnated over a disagreement on amendments, and the deal struck last night produces a pared down version of the bill, with a package of mostly non-controversial amendments and provisions that have already been taken up by the Senate Armed Services Committee and the House. The bill, which establishes policy and authorizes funding for the National Nuclear Security Administration and the Department of Energy, is expected to first be considered by the House this week, and the Senate is expected to act next week.

The WIPP amendment was inserted into the House version of the bill in June as an amendment by Rep. Steve Pearce (R-N.M.), whose southern New Mexico district includes WIPP. Current law allows WIPP to accept only defense transuranic waste, but the language would have expanded the scope of what material WIPP could take. In recent discussions about the bill, concerns were raised on the Senate side, especially about jurisdictional concerns involving the Senate Energy and Natural Resources Committee, which did not have a chance to weigh in on the bill. “It is disappointing that the Senate needlessly stripped language that will protect jobs, our public health and continue the safe disposal of federal nuclear waste,” Pearce said in a statement. “The House unanimously passed this amendment five months ago—it is unconscionable that the Senate would target this commonsense and uncontroversial proposal at the eleventh hour. The Senate owes an explanation to the people of New Mexico, who will bear the costs of this irresponsible decision.”

It is unclear which Senators sought to pull the amendment. Don Hancock of the Advocacy Group Southwest Research and Information Center said that he has lobbied lawmakers against the provision, citing the lack of public meetings and hearings and concerns with the potential long-term impacts of expanding the repository. Hancock said yesterday that Sen. Tom Udall (D-N.M.) has told him “that he opposes changing the WIPP Land Withdrawal Act’s requirement that the facility is for defense transuranic waste only. The Pearce Amendment changes the law and he, thus, opposes the amendment.” Udall’s office did not say last week that he opposed the expansion, but noted that there may be jurisdictional concerns. A spokesman for Senate Energy said yesterday that the committee did not request the amendment be removed.

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