[Congressional Record Volume 144, Number 77 (Monday, June 15, 1998)]
[Senate]
[Pages S6346-S6347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

  Mr. GORTON Mr. President, I ask unanimous consent that the Chair lay 
before the Senate a message from the House to accompany H.R. 629.
  The PRESIDING OFFICER (Mr. Frist) laid before the Senate a message 
from the House of Representatives announcing its disagreement to the 
amendment of the Senate to the bill (H.R. 629) entitled ``An Act to 
grant the consent of the Congress to the Texas Low-Level Radioactive 
Waste Disposal Compact'', and ask a conference with the Senate on the 
disagreeing votes of the two Houses thereon.
  Ms. SNOWE. Mr. President, I rise today in strong support of H.R. 629, 
the Texas Compact Consent Act of 1997, as originally ratified by the 
three states of Maine, Vermont, and Texas to address the disposal of 
their low-level radioactive nuclear waste.
  The States of Maine, Vermont and Texas are now approaching the end of 
a long journey that started in 1980, when Congress told the states to 
form compacts to solve their low-level waste disposal problems.
  When this Compact is adopted as ratified by the three states, Mr. 
President, Texas, Maine and Vermont will become the forty second, forty 
third and forty fourth states to be given Congressional approval for 
forming a compact and will meet their responsibilities for the disposal 
of their low-level waste from universities, from hospital and medical 
centers, and from power plants and shipyards.
  It is very important for my colleagues to know that the language 
ratified by each state is exactly the same language, and if any 
amendments are included by the conferees, the Compact would have to be 
once again returned to each state for reratification.
  For the nine compacts that have been consented to by the United 
States Congress, not one of them has been amended by Congress. Not one 
of them.
  Let me be clear: the law never intended for Congress to determine who 
pays what, how the storage is allocated, and where the site is located. 
To

[[Page S6347]]

the contrary: the intent of the law is for states to develop and 
approve these details, and for Congress to ratify the plan.
  The Compact before us does not discuss any particular site for the 
disposal facility, but only says that Texas must develop a facility in 
a timely manner, consistent with all applicable state and federal 
environmental, health, and public safety laws. It is the decision of 
Texas as to where the facility will be sited and is not within the 
purview of the U.S. Senate to decide for them.
  Further, absent the protection of the Compact, Texas must, I repeat 
must, open their borders to any other state for waste disposal or they 
will be in violation of the Interstate Commerce Clause of the U.S. 
Constitution. The Compact gives Texas the protection that oversight 
commissioners, mostly appointed by the elected Governor of Texas but 
also with a say from Maine and Vermont, will decide what is best for 
Texas.
  As we send the Texas Compact to a Senate-House conference, I ask my 
colleagues to keep in mind that all that is required is the prompt 
approval of Congress for the Compact as originally ratified by Maine, 
Vermont, and Texas so that the Texas Compact members will be able to 
exercise appropriate control over their low level nuclear waste as 
Congress mandated.
  I thank the Chair and look forward to my colleagues continued support 
of the Texas Compact as ratified by the States when it returns from 
conference.
  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
insist on its amendment and agree to the request of the House for a 
conference; that the Chair be authorized to appoint conferees on the 
part of the Senate; that upon appointment of the Senate conferees, a 
motion to instruct the conferees be agreed to which provides that the 
Senate conferees be instructed to include the Wellstone amendments in 
any conference agreement; and that once this consent is granted, 
together with other consent items I will go into later, Senator 
Wellstone be recognized to speak for up to 1 hour.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER (Mr. Frist) appointed Mr. Thurmond, Mr. Hatch 
and Mr. Leahy conferees on the part of the Senate.

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