[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 629 Enrolled Bill (ENR)]

        H.R.629

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
To grant the consent of the Congress to the Texas Low-Level Radioactive 
                         Waste Disposal Compact.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. CONGRESSIONAL FINDING.

    The Congress finds that the compact set forth in section 5 is in 
furtherance of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 
2021b et seq.).

SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

    The consent of the Congress to the compact set forth in section 5--
        (1) shall become effective on the date of the enactment of this 
    Act;
        (2) is granted subject to the provisions of the Low-Level 
    Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
        (3) is granted only for so long as the regional commission 
    established in the compact complies with all of the provisions of 
    such Act.

SEC. 4. CONGRESSIONAL REVIEW.

    The Congress may alter, amend, or repeal this Act with respect to 
the compact set forth in section 5 after the expiration of the 10-year 
period following the date of the enactment of this Act, and at such 
intervals thereafter as may be provided in such compact.

SEC. 5. 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.