[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 629 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         April 1, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
629) entitled ``An Act to grant the consent of the Congress to the 
Texas Low-Level Radioactive Waste Disposal Compact.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Texas Low-Level Radioactive Waste 
Disposal Compact Consent Act''.

SEC. 2. CONGRESSIONAL FINDING.

    Congress finds that the compact set forth in section 6 is in 
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021b et seq.).

SEC. 3. CONDITIONS ON CONSENT TO COMPACT.

    (a) In General.--The consent of Congress to the compact set forth 
in section 6--
            (1) shall become effective on the date of enactment of this 
        Act;
            (2) is granted subject to the Low-Level Radioactive Waste 
        Policy Act (42 U.S.C. 2021b et seq.); and
            (3) is granted on the conditions that--
                    (A) the Commission (as defined in the compact) 
                comply with all of the provisions of that Act; and
                    (B) no low-level radioactive waste be brought into 
                Texas for disposal at a compact facility from any State 
                other than the State of Maine or Vermont.
    (b) Consent to Suit.--By proceeding to implement the compact after 
the date of enactment of this Act, the party states and Commission 
shall be considered to have consented to suit in a civil action under 
subsection (d).
    (c) Continuing Effectiveness of Condition.--If the consent of 
Congress is declared to be of no further effect in a civil action under 
subsection (d), the condition stated in subsection (a)(3)(B) shall 
continue to apply to any subsequent operation of the compact facility.
    (d) Enforcement.--
            (1) By the attorney general.--If the Attorney General 
        obtains evidence that a condition stated in subsection (a)(3) 
        has not been complied with at any time, the Attorney General 
        shall bring a civil action in United States district court for 
        a judgment against the party states (as defined in the compact) 
        and Commission--
                    (A) declaring that the consent of Congress to the 
                compact is of no further effect by reason of the 
                failure to meet the condition;
                    (B) enjoining any further failure of compliance; 
                and
                    (C) in any second or subsequent civil action under 
                this subsection in which the court finds that a second 
                or subsequent failure to comply with the condition 
                stated in subsection (a)(3)(B) has occurred, ordering 
                that the compact facility be closed.
            (2) By a member of the community in which a compact 
        facility is located.--If any person that resides or has a 
        principal place of business in the community in which a compact 
        facility is located obtains evidence that the condition stated 
        in subsection (a)(3)(B) has not been complied with at any time, 
        the person may bring a civil action in United States district 
        court for a judgment against the party states and Commission--
                    (A) declaring that the consent of Congress to the 
                compact is of no further effect by reason of the 
                failure to meet the condition;
                    (B) enjoining any further failure of compliance; 
                and
                    (C) in any second or subsequent civil action under 
                this subsection in which the court finds that a second 
                or subsequent failure to comply with the condition 
                stated in subsection (a)(3)(B) has occurred, ordering 
                that the compact facility be closed.

SEC. 4. CONGRESSIONAL REVIEW.

    Congress may alter, amend, or repeal this Act with respect to the 
compact set forth in section 6 after the expiration of the 10-year 
period following the date of enactment of this Act, and at such 
intervals thereafter as may be provided in the compact.

SEC. 5. ADDITIONAL CONDITION ON CONSENT TO COMPACT.

    (a) In General.--The consent of Congress to the compact set forth 
in section 6 is granted on the condition that the compact not be 
implemented (including execution by any party state (as defined in the 
compact) of any right, responsibility, or obligation of the party state 
under Article IV of the compact) in any way that discriminates against 
any community (through disparate treatment or disparate impact) by 
reason of the composition of the community in terms of race, color, 
national origin, or income level.
    (b) Consent to Suit.--By proceeding to implement the compact after 
the date of enactment of this Act, the party states and Commission 
shall be considered to have consented to suit in a civil action under 
subsection (d).
    (c) Continuing Effectiveness of Condition.--If the consent of 
Congress is declared to be of no further effect in a civil action under 
subsection (d), the condition stated in subsection (a) shall continue 
to apply to any subsequent operation of the compact facility.
    (d) Enforcement.--
            (1) By the attorney general.--If the Attorney General 
        obtains evidence that the condition stated in subsection (a) 
        has not been complied with at any time, the Attorney General 
        shall bring a civil action in United States district court for 
        a judgment against the party states (as defined in the compact) 
        and Commission--
                    (A) declaring that the consent of Congress to the 
                compact is of no further effect by reason of the 
                failure to meet the condition; and
                    (B) enjoining any further failure of compliance.
            (2) By a member of an affected community.--If person that 
        resides or has a principal place of business a community that 
        is adversely affected by a failure to comply with the condition 
        stated in subsection (a) obtains evidence of the failure of 
        compliance, the person may bring a civil action in United 
        States district court for a judgment against the party states 
        and Commission--
                    (A) declaring that the consent of Congress to the 
                compact is of no further effect by reason of the 
                failure to meet the condition; and
                    (B) enjoining any further failure of compliance.

SEC. 6. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.

    (a) Consent of Congress.--In accordance with section 4(a)(2) of the 
Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021d(a)(2)), the 
consent of Congress is given to the States of Texas, Maine, and Vermont 
to enter into the compact set forth in subsection (b).
    (b) Text of Compact.--The compact reads substantially as follows:

          ``texas low-level radioactive waste disposal compact

                    ``article i. policy and purpose

    ``Sec. 1.01. The party states recognize a responsibility for each 
state to seek to manage low-level radioactive waste generated within 
its boundaries, pursuant to the Low-Level Radioactive Waste Policy Act, 
as amended by the Low-Level Radioactive Waste Policy Amendments Act of 
1985 (42 U.S.C. 2021b-2021j). They also recognize that the United 
States Congress, by enacting the Act, has authorized and encouraged 
states to enter into compacts for the efficient management and disposal 
of low-level radioactive waste. It is the policy of the party states to 
cooperate in the protection of the health, safety, and welfare of their 
citizens and the environment and to provide for and encourage the 
economical management and disposal of low-level radioactive waste. It 
is the purpose of this compact to provide the framework for such a 
cooperative effort; to promote the health, safety, and welfare of the 
citizens and the environment of the party states; to limit the number 
of facilities needed to effectively, efficiently, and economically 
manage low-level radioactive waste and to encourage the reduction of 
the generation thereof; and to distribute the costs, benefits, and 
obligations among the party states; all in accordance with the terms of 
this compact.

                       ``article ii. definitions

    ``Sec. 2.01. As used in this compact, unless the context clearly 
indicates otherwise, the following definitions apply:
            ``(1) `Act' means the Low-Level Radioactive Waste Policy 
        Act, as amended by the Low-Level Radioactive Waste Policy 
        Amendments Act of 1985 (42 U.S.C. 2021b-2021j).
            ``(2) `Commission' means the Texas Low-Level Radioactive 
        Waste Disposal Compact Commission established in Article III of 
        this compact.
            ``(3) `Compact facility' or `facility' means any site, 
        location, structure, or property located in and provided by the 
        host state for the purpose of management or disposal of low-
        level radioactive waste for which the party states are 
        responsible.
            ``(4) `Disposal' means the permanent isolation of low-level 
        radioactive waste pursuant to requirements established by the 
        United States Nuclear Regulatory Commission and the United 
        States Environmental Protection Agency under applicable laws, 
        or by the host state.
            ``(5) `Generate,' when used in relation to low-level 
        radioactive waste, means to produce low-level radioactive 
        waste.
            ``(6) `Generator' means a person who produces or processes 
        low-level radioactive waste in the course of its activities, 
        excluding persons who arrange for the collection, 
        transportation, management, treatment, storage, or disposal of 
        waste generated outside the party states, unless approved by 
        the commission.
            ``(7) `Host county' means a county in the host state in 
        which a disposal facility is located or is being developed.
            ``(8) `Host state' means a party state in which a compact 
        facility is located or is being developed. The State of Texas 
        is the host state under this compact.
            ``(9) `Institutional control period' means that period of 
        time following closure of the facility and transfer of the 
        facility license from the operator to the custodial agency in 
        compliance with the appropriate regulations for long-term 
        observation and maintenance.
            ``(10) `Low-level radioactive waste' has the same meaning 
        as that term is defined in Section 2(9) of the Act (42 U.S.C. 
        2021b(9)), or in the host state statute so long as the waste is 
        not incompatible with management and disposal at the compact 
        facility.
            ``(11) `Management' means collection, consolidation, 
        storage, packaging, or treatment.
            ``(12) `Operator' means a person who operates a disposal 
        facility.
            ``(13) `Party state' means any state that has become a 
        party in accordance with Article VII of this compact. Texas, 
        Maine, and Vermont are initial party states under this compact.
            ``(14) `Person' means an individual, corporation, 
        partnership or other legal entity, whether public or private.
            ``(15) `Transporter' means a person who transports low-
        level radioactive waste.

                     ``article iii. the commission

    ``Sec. 3.01. There is hereby established the Texas Low-Level 
Radioactive Waste Disposal Compact Commission. The commission shall 
consist of one voting member from each party state except that the host 
state shall be entitled to six voting members. Commission members shall 
be appointed by the party state governors, as provided by the laws of 
each party state. Each party state may provide alternates for each 
appointed member.
    ``Sec. 3.02. A quorum of the commission consists of a majority of 
the members. Except as otherwise provided in this compact, an official 
act of the commission must receive the affirmative vote of a majority 
of its members.
    ``Sec. 3.03. The commission is a legal entity separate and distinct 
from the party states and has governmental immunity to the same extent 
as an entity created under the authority of Article XVI, Section 59, of 
the Texas Constitution. Members of the commission shall not be 
personally liable for actions taken in their official capacity. The 
liabilities of the commission shall not be deemed liabilities of the 
party states.
    ``Sec. 3.04. The commission shall:
            ``(1) Compensate its members according to the host state's 
        law.
            ``(2) Conduct its business, hold meetings, and maintain 
        public records pursuant to laws of the host state, except that 
        notice of public meetings shall be given in the non-host party 
        states in accordance with their respective statutes.
            ``(3) Be located in the capital city of the host state.
            ``(4) Meet at least once a year and upon the call of the 
        chair, or any member. The governor of the host state shall 
        appoint a chair and vice-chair.
            ``(5) Keep an accurate account of all receipts and 
        disbursements. An annual audit of the books of the commission 
        shall be conducted by an independent certified public 
        accountant, and the audit report shall be made a part of the 
        annual report of the commission.
            ``(6) Approve a budget each year and establish a fiscal 
        year that conforms to the fiscal year of the host state.
            ``(7) Prepare, adopt, and implement contingency plans for 
        the disposal and management of low-level radioactive waste in 
        the event that the compact facility should be closed. Any plan 
        which requires the host state to store or otherwise manage the 
        low-level radioactive waste from all the party states must be 
        approved by at least four host state members of the commission. 
        The commission, in a contingency plan or otherwise, may not 
        require a non-host party state to store low-level radioactive 
        waste generated outside of the state.
            ``(8) Submit communications to the governors and to the 
        presiding officers of the legislatures of the party states 
        regarding the activities of the commission, including an annual 
        report to be submitted on or before January 31 of each year.
            ``(9) Assemble and make available to the party states, and 
        to the public, information concerning low-level radioactive 
        waste management needs, technologies, and problems.
            ``(10) Keep a current inventory of all generators within 
        the party states, based upon information provided by the party 
        states.
            ``(11) By no later than 180 days after all members of the 
        commission are appointed under Section 3.01 of this article, 
        establish by rule the total volume of low-level radioactive 
        waste that the host state will dispose of in the compact 
        facility in the years 1995-2045, including decommissioning 
        waste. The shipments of low-level radioactive waste from all 
        non-host party states shall not exceed 20 percent of the volume 
        estimated to be disposed of by the host state during the 50-
        year period. When averaged over such 50-year period, the total 
        of all shipments from non-host party states shall not exceed 
        20,000 cubic feet a year. The commission shall coordinate the 
        volumes, timing, and frequency of shipments from generators in 
        the non-host party states in order to assure that over the life 
        of this agreement shipments from the non-host party states do 
        not exceed 20 percent of the volume projected by the commission 
        under this paragraph.
    ``Sec. 3.05. The commission may:
            ``(1) Employ staff necessary to carry out its duties and 
        functions. The commission is authorized to use to the extent 
        practicable the services of existing employees of the party 
        states. Compensation shall be as determined by the commission.
            ``(2) Accept any grants, equipment, supplies, materials, or 
        services, conditional or otherwise, from the federal or state 
        government. The nature, amount and condition, if any, of any 
        donation, grant or other resources accepted pursuant to this 
        paragraph and the identity of the donor or grantor shall be 
        detailed in the annual report of the commission.
            ``(3) Enter into contracts to carry out its duties and 
        authority, subject to projected resources. No contract made by 
        the commission shall bind a party state.
            ``(4) Adopt, by a majority vote, bylaws and rules necessary 
        to carry out the terms of this compact. Any rules promulgated 
        by the commission shall be adopted in accordance with the 
        Administrative Procedure and Texas Register Act (Article 6252-
        13a, Vernon's Texas Civil Statutes).
            ``(5) Sue and be sued and, when authorized by a majority 
        vote of the members, seek to intervene in administrative or 
        judicial proceedings related to this compact.
            ``(6) Enter into an agreement with any person, state, 
        regional body, or group of states for the importation of low-
        level radioactive waste into the compact for management or 
        disposal, provided that the agreement receives a majority vote 
        of the commission. The commission may adopt such conditions and 
        restrictions in the agreement as it deems advisable.
            ``(7) Upon petition, allow an individual generator, a group 
        of generators, or the host state of the compact, to export low-
        level waste to a low-level radioactive waste disposal facility 
        located outside the party states. The commission may approve 
        the petition only by a majority vote of its members. The 
        permission to export low-level radioactive waste shall be 
        effective for that period of time and for the specified amount 
        of low-level radioactive waste, and subject to any other term 
        or condition, as is determined by the commission.
            ``(8) Monitor the exportation outside of the party states 
        of material, which otherwise meets the criteria of low-level 
        radioactive waste, where the sole purpose of the exportation is 
        to manage or process the material for recycling or waste 
        reduction and return it to the party states for disposal in the 
        compact facility.
    ``Sec. 3.06. Jurisdiction and venue of any action contesting any 
action of the commission shall be in the United States District Court 
in the district where the commission maintains its office.

``article iv. rights, responsibilities, and obligations of party states

    ``Sec. 4.01. The host state shall develop and have full 
administrative control over the development, management and operation 
of a facility for the disposal of low-level radioactive waste generated 
within the party states. The host state shall be entitled to unlimited 
use of the facility over its operating life. Use of the facility by the 
non-host party states for disposal of low-level radioactive waste, 
including such waste resulting from decommissioning of any nuclear 
electric generation facilities located in the party states, is limited 
to the volume requirements of Section 3.04(11) of Article III.
    ``Sec. 4.02. Low-level radioactive waste generated within the party 
states shall be disposed of only at the compact facility, except as 
provided in Section 3.05(7) of Article III.
    ``Sec. 4.03. The initial states of this compact cannot be members 
of another low-level radioactive waste compact entered into pursuant to 
the Act.
    ``Sec. 4.04. The host state shall do the following:
            ``(1) Cause a facility to be developed in a timely manner 
        and operated and maintained through the institutional control 
        period.
            ``(2) Ensure, consistent with any applicable federal and 
        host state laws, the protection and preservation of the 
        environment and the public health and safety in the siting, 
        design, development, licensing, regulation, operation, closure, 
        decommissioning, and long-term care of the disposal facilities 
        within the host state.
            ``(3) Close the facility when reasonably necessary to 
        protect the public health and safety of its citizens or to 
        protect its natural resources from harm. However, the host 
        state shall notify the commission of the closure within three 
        days of its action and shall, within 30 working days of its 
        action, provide a written explanation to the commission of the 
        closure, and implement any adopted contingency plan.
            ``(4) Establish reasonable fees for disposal at the 
        facility of low-level radioactive waste generated in the party 
        states based on disposal fee criteria set out in Sections 
        402.272 and 402.273, Texas Health and Safety Code. The same 
        fees shall be charged for the disposal of low-level radioactive 
        waste that was generated in the host state and in the non-host 
        party states. Fees shall also be sufficient to reasonably 
        support the activities of the Commission.
            ``(5) Submit an annual report to the commission on the 
        status of the facility, including projections of the facility's 
        anticipated future capacity, and on the related funds.
            ``(6) Notify the Commission immediately upon the occurrence 
        of any event which could cause a possible temporary or 
        permanent closure of the facility and identify all reasonable 
        options for the disposal of low-level radioactive waste at 
        alternate compact facilities or, by arrangement and Commission 
        vote, at noncompact facilities.
            ``(7) Promptly notify the other party states of any legal 
        action involving the facility.
            ``(8) Identify and regulate, in accordance with federal and 
        host state law, the means and routes of transportation of low-
        level radioactive waste in the host state.
    ``Sec. 4.05. Each party state shall do the following:
            ``(1) Develop and enforce procedures requiring low-level 
        radioactive waste shipments originating within its borders and 
        destined for the facility to conform to packaging, processing, 
        and waste form specifications of the host state.
            ``(2) Maintain a registry of all generators within the 
        state that may have low-level radioactive waste to be disposed 
        of at a facility, including, but not limited to, the amount of 
        low-level radioactive waste and the class of low-level 
        radioactive waste generated by each generator.
            ``(3) Develop and enforce procedures requiring generators 
        within its borders to minimize the volume of low-level 
        radioactive waste requiring disposal. Nothing in this compact 
        shall prohibit the storage, treatment, or management of waste 
        by a generator.
            ``(4) Provide the commission with any data and information 
        necessary for the implementation of the commission's 
        responsibilities, including taking those actions necessary to 
        obtain this data or information.
            ``(5) Pay for community assistance projects designated by 
        the host county in an amount for each non-host party state 
        equal to 10 percent of the payment provided for in Article V 
        for each such state. One-half of the payment shall be due and 
        payable to the host county on the first day of the month 
        following ratification of this compact agreement by Congress 
        and one-half of the payment shall be due and payable on the 
        first day of the month following the approval of a facility 
        operating license by the host state's regulatory body.
            ``(6) Provide financial support for the commission's 
        activities prior to the date of facility operation and 
        subsequent to the date of congressional ratification of this 
        compact under Section 7.07 of Article VII. Each party state 
        will be responsible for annual payments equalling its pro-rata 
        share of the commission's expenses, incurred for 
        administrative, legal, and other purposes of the commission.
            ``(7) If agreed by all parties to a dispute, submit the 
        dispute to arbitration or other alternate dispute resolution 
        process. If arbitration is agreed upon, the governor of each 
        party state shall appoint an arbitrator. If the number of party 
        states is an even number, the arbitrators so chosen shall 
        appoint an additional arbitrator. The determination of a 
        majority of the arbitrators shall be binding on the party 
        states. Arbitration proceedings shall be conducted in 
        accordance with the provisions of 9 U.S.C. Sections 1 to 16. If 
        all parties to a dispute do not agree to arbitration or 
        alternate dispute resolution process, the United States 
        District Court in the district where the commission maintains 
        its office shall have original jurisdiction over any action 
        between or among parties to this compact.
            ``(8) Provide on a regular basis to the commission and host 
        state--
                    ``(A) an accounting of waste shipped and proposed 
                to be shipped to the compact facility, by volume and 
                curies;
                    ``(B) proposed transportation methods and routes; 
                and
                    ``(C) proposed shipment schedules.
            ``(9) Seek to join in any legal action by or against the 
        host state to prevent nonparty states or generators from 
        disposing of low-level radioactive waste at the facility.
    ``Sec. 4.06. Each party state shall act in good faith and may rely 
on the good faith performance of the other party states regarding 
requirements of this compact.

                 ``article v. party state contributions

    ``Sec. 5.01. Each party state, except the host state, shall 
contribute a total of $25 million to the host state. Payments shall be 
deposited in the host state treasury to the credit of the low-level 
waste fund in the following manner except as otherwise provided. Not 
later than the 60th day after the date of congressional ratification of 
this compact, each non-host party state shall pay to the host state 
$12.5 million. Not later than the 60th day after the date of the 
opening of the compact facility, each non-host party state shall pay to 
the host state an additional $12.5 million.
    ``Sec. 5.02. As an alternative, the host state and the non-host 
states may provide for payments in the same total amount as stated 
above to be made to meet the principal and interest expense associated 
with the bond indebtedness or other form of indebtedness issued by the 
appropriate agency of the host state for purposes associated with the 
development, operation, and post-closure monitoring of the compact 
facility. In the event the member states proceed in this manner, the 
payment schedule shall be determined in accordance with the schedule of 
debt repayment. This schedule shall replace the payment schedule 
described in Section 5.01 of this article.

              ``article vi. prohibited acts and penalties

    ``Sec. 6.01. No person shall dispose of low-level radioactive waste 
generated within the party states unless the disposal is at the compact 
facility, except as otherwise provided in Section 3.05(7) of Article 
III.
    ``Sec. 6.02. No person shall manage or dispose of any low-level 
radioactive waste within the party states unless the low-level 
radioactive waste was generated within the party states, except as 
provided in Section 3.05(6) of Article III. Nothing herein shall be 
construed to prohibit the storage or management of low-level 
radioactive waste by a generator, nor its disposal pursuant to 10 
C.F.R. Part 20.302.
    ``Sec. 6.03. Violations of this article may result in prohibiting 
the violator from disposing of low-level radioactive waste in the 
compact facility, or in the imposition of penalty surcharges on 
shipments to the facility, as determined by the commission.

 ``article vii. eligibility, entry into effect; congressional consent; 
                         withdrawal; exclusion

    ``Sec. 7.01. The states of Texas, Maine, and Vermont are party 
states to this compact. Any other state may be made eligible for party 
status by a majority vote of the commission and ratification by the 
legislature of the host state, subject to fulfillment of the rights of 
the initial non-host party states under Section 3.04(11) of Article III 
and Section 4.01 of Article IV, and upon compliance with those terms 
and conditions for eligibility that the host state may establish. The 
host state may establish all terms and conditions for the entry of any 
state, other than the states named in this section, as a member of this 
compact; provided, however, the specific provisions of this compact, 
except for those pertaining to the composition of the commission and 
those pertaining to Section 7.09 of this article, may not be changed 
except upon ratification by the legislatures of the party states.
    ``Sec. 7.02. Upon compliance with the other provisions of this 
compact, a state made eligible under Section 7.01 of this article may 
become a party state by legislative enactment of this compact or by 
executive order of the governor of the state adopting this compact. A 
state becoming a party state by executive order shall cease to be a 
party state upon adjournment of the first general session of its 
legislature convened after the executive order is issued, unless before 
the adjournment, the legislature enacts this compact.
    ``Sec. 7.03. Any party state may withdraw from this compact by 
repealing enactment of this compact subject to the provisions herein. 
In the event the host state allows an additional state or additional 
states to join the compact, the host state's legislature, without the 
consent of the non-host party states, shall have the right to modify 
the composition of the commission so that the host state shall have a 
voting majority on the commission, provided, however, that any 
modification maintains the right of each initial party state to retain 
one voting member on the commission.
    ``Sec. 7.04. If the host state withdraws from the compact, the 
withdrawal shall not become effective until five years after enactment 
of the repealing legislation and the non-host party states may continue 
to use the facility during that time. The financial obligation of the 
non-host party states under Article V shall cease immediately upon 
enactment of the repealing legislation. If the host state withdraws 
from the compact or abandons plans to operate a facility prior to the 
date of any non-host party state payment under Sections 4.05(5) and (6) 
of Article IV or Article V, the non-host party states are relieved of 
any obligations to make the contributions. This section sets out the 
exclusive remedies for the non-host party states if the host state 
withdraws from the compact or is unable to develop and operate a 
compact facility.
    ``Sec. 7.05. A party state, other than the host state, may withdraw 
from the compact by repealing the enactment of this compact, but this 
withdrawal shall not become effective until two years after the 
effective date of the repealing legislation. During this two-year 
period the party state will continue to have access to the facility. 
The withdrawing party shall remain liable for any payments under 
Sections 4.05(5) and (6) of Article IV that were due during the two-
year period, and shall not be entitled to any refund of payments 
previously made.
    ``Sec. 7.06. Any party state that substantially fails to comply 
with the terms of the compact or to fulfill its obligations hereunder 
may have its membership in the compact revoked by a seven-eighths vote 
of the commission following notice that a hearing will be scheduled not 
less than six months from the date of the notice. In all other 
respects, revocation proceedings undertaken by the commission will be 
subject to the Administrative Procedure and Texas Register Act (Article 
6252-13a, Vernon's Texas Civil Statutes), except that a party state may 
appeal the commission's revocation decision to the United States 
District Court in accordance with Section 3.06 of Article III. 
Revocation shall take effect one year from the date such party state 
receives written notice from the commission of a final action. Written 
notice of revocation shall be transmitted immediately following the 
vote of the commission, by the chair, to the governor of the affected 
party state, all other governors of party states, and to the United 
States Congress.
    ``Sec. 7.07. This compact shall take effect following its enactment 
under the laws of the host state and any other party state and 
thereafter upon the consent of the United States Congress and shall 
remain in effect until otherwise provided by federal law. If Texas and 
either Maine or Vermont ratify this compact, the compact shall be in 
full force and effect as to Texas and the other ratifying state, and 
this compact shall be interpreted as follows:
            ``(1) Texas and the other ratifying state are the initial 
        party states.
            ``(2) The commission shall consist of two voting members 
        from the other ratifying state and six from Texas.
            ``(3) Each party state is responsible for its pro-rata 
        share of the commission's expenses.
    ``Sec. 7.08. This compact is subject to review by the United States 
Congress and the withdrawal of the consent of Congress every five years 
after its effective date, pursuant to federal law.
    ``Sec. 7.09. The host state legislature, with the approval of the 
governor, shall have the right and authority, without the consent of 
the non-host party states, to modify the provisions contained in 
Section 3.04(11) of Article III to comply with Section 402.219(c)(1), 
Texas Health & Safety Code, as long as the modification does not impair 
the rights of the initial non-host party states.

             ``article viii. construction and severability

    ``Sec. 8.01. The provisions of this compact shall be broadly 
construed to carry out the purposes of the compact, but the sovereign 
powers of a party shall not be infringed upon unnecessarily.
    ``Sec. 8.02. This compact does not affect any judicial proceeding 
pending on the effective date of this compact.
    ``Sec. 8.03. No party state acquires any liability, by joining this 
compact, resulting from the siting, operation, maintenance, long-term 
care or any other activity relating to the compact facility. No non-
host party state shall be liable for any harm or damage from the 
siting, operation, maintenance, or long-term care relating to the 
compact facility. Except as otherwise expressly provided in this 
compact, nothing in this compact shall be construed to alter the 
incidence of liability of any kind for any act or failure to act. 
Generators, transporters, owners and operators of the facility shall be 
liable for their acts, omissions, conduct or relationships in 
accordance with applicable law. By entering into this compact and 
securing the ratification by Congress of its terms, no party state 
acquires a potential liability under section 5(d)(2)(C) of the Act (42 
U.S.C. Sec. 2021e(d)(2)(C)) that did not exist prior to entering into 
this compact.
    ``Sec. 8.04. If a party state withdraws from the compact pursuant 
to Section 7.03 of Article VII or has its membership in this compact 
revoked pursuant to section 7.06 of Article VII, the withdrawal or 
revocation shall not affect any liability already incurred by or 
chargeable to the affected state under Section 8.03 of this article.
    ``Sec. 8.05. The provisions of this compact shall be severable and 
if any phrase, clause, sentence, or provision of this compact is 
declared by a court of competent jurisdiction to be contrary to the 
constitution of any participating state or of the United States or the 
applicability thereof to any government, agency, person or 
circumstances is held invalid, the validity of the remainder of this 
compact and the applicability thereof to any government, agency, 
person, or circumstance shall not be affected thereby to the extent the 
remainder can in all fairness be given effect. If any provision of this 
compact shall be held contrary to the constitution of any state 
participating therein, the compact shall remain in full force and 
effect as to the state affected as to all severable matters.
    ``Sec. 8.06. Nothing in this compact diminishes or otherwise 
impairs the jurisdiction, authority, or discretion of either of the 
following:
            ``(1) The United States Nuclear Regulatory Commission 
        pursuant to the Atomic Energy Act of 1954, as amended (42 
        U.S.C. Sec. 2011 et seq.).
            ``(2) An agreement state under section 274 of the Atomic 
        Energy Act of 1954, as amended (42 U.S.C. Sec. 2021).
    ``Sec. 8.07. Nothing in this compact confers any new authority on 
the states or commission to do any of the following:
            ``(1) Regulate the packaging or transportation of low-level 
        radioactive waste in a manner inconsistent with the regulations 
        of the United States Nuclear Regulatory Commission or the 
        United States Department of Transportation.
            ``(2) Regulate health, safety, or environmental hazards 
        from source, by-product, or special nuclear material.
            ``(3) Inspect the activities of licensees of the agreement 
        states or of the United States Nuclear Regulatory 
        Commission.''.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 629

_______________________________________________________________________

                               AMENDMENT

HR 629 EAS----2
HR 629 EAS----3
HR 629 EAS----4
HR 629 EAS----5