[Congressional Record Volume 144, Number 95 (Thursday, July 16, 1998)]
[House]
[Pages H5724-H5727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONFERENCE REPORT ON H.R. 629, TEXAS LOW-LEVEL RADIOACTIVE WASTE 
                      DISPOSAL COMPACT CONSENT ACT

  Mr. BLILEY submitted the following conference report and statement on 
the bill (H.R. 629) to grant the consent of the Congress to the Texas 
Low-Level Radioactive Waste Disposal Compact:

                  Conference Report (H. Rept. 105-630)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     629), to grant the consent of the Congress to the Texas Low-
     Level Radioactive Waste Disposal Compact, having met, after 
     full and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     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.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

[[Page H5725]]

     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.

[[Page H5726]]

       ``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.''.

       And the Senate agree to the same.
     For consideration of the House bill and Senate amendment, and 
     modifications committed to conference:
     Tom Bliley,
     Dan Schaefer,
     Joe Barton,
     John D. Dingell,
     Ralph M. Hall,
                                Managers on the Part of the House.

     Strom Thurmond,
     Orrin Hatch,
     Patrick Leahy,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill H.R. 629, to grant the 
     consent of the Congress to the Texas Low-Level Radioactive 
     Waste Disposal Compact, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.

[[Page H5727]]

                          Sec. 1. Short Title.

     House bill
       The House bill cites this Act as the Texas Low-Level 
     Radioactive Waste Disposal Compact Consent Act.
     Senate amendment
       The Senate amendment contains an identical provision.
     Conference agreement
       The Senate recedes.


                     Sec. 2. Congressional Finding.

     House bill
       The House bill makes a finding that the low-level 
     radioactive waste disposal Compact between the States of 
     Texas, Maine, and Vermont is in furtherance of the Low-Level 
     Radioactive Waste Policy Act.
     Senate amendment
       The Senate amendment contains a similar provision.
     Conference agreement
       The Senate recedes.


                Sec. 3. Conditions of Consent to Compact

     House bill
       The House bill establishes the following conditions on the 
     consent of the Congress to the Compact: (1) that the Compact 
     shall become effective on the date of enactment of this Act; 
     (2) that consent is granted under the authority provided by 
     the Low-Level Radioactive Waste Policy Act; (3) that consent 
     is conditioned by the Compact Commission's compliance with 
     all requirements of the Low-Level Radioactive Waste Policy 
     Act; and (4) that consent is granted only for so long as no 
     low-level radioactive waste is brought into Texas from any 
     State other than Maine or Vermont.
     Senate amendment
       The Senate amendment contains a similar provision. In 
     addition, the amendment requires the party States and 
     Commission to consent to civil suits by the Attorney General 
     of the United States or by a member of an affected community 
     if evidence is obtained that the party States or Commission 
     have failed to comply with the conditions.
     Conference agreement
       The Senate recedes, with a modification. The conference 
     agreement does not include the condition on consent which 
     restricts the Compact from accepting low-level radioactive 
     waste at the Texas facility from any State other than Maine 
     or Vermont.


                      Sec. 4. Congressional Review

     House bill
       The House bill provides that the Congress may alter, amend, 
     or repeal this Act after the expiration of the ten year 
     period following the date of enactment of this Act, and at 
     such intervals thereafter as provided in the Texas Compact.
     Senate amendment
       The Senate amendment contains a similar provision.
     Conference agreement
       The Senate recedes.


           Sec. 5. Additional Condition on Consent to Compact

     House bill
       No provision.
     Senate amendment
       The Senate amendment establishes a condition of 
     Congressional consent that the compact not be implemented 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. In addition, the amendment 
     requires the party States and Commission to consent to civil 
     suits by the Attorney General of the United States or by a 
     member of an affected community if evidence is obtained that 
     the party States or Commission have failed to comply with 
     this condition.
     Conference agreement
       The Senate recedes.


       Sec. 6. Texas Low-Level Radioactive Waste Disposal Compact

     House bill
       The House bill provides the consent of the Congress to the 
     Texas Compact and contains the text of the law passed by the 
     States of Texas, Maine, and Vermont establishing the Compact.
     Senate amendment
       The Senate amendment contains a similar provision.
     Conference agreement
       The House recedes.
     For consideration of the House bill and Senate amendment, and 
     modifications committed to conference:
     Tom Bliley,
     Dan Schaefer,
     Joe Barton,
     John D. Dingell,
     Ralph M. Hall,
                                Managers on the Part of the House.

     Strom Thurmond,
     Orrin Hatch,
     Patrick Leahy,
     Managers on the Part of the Senate.

                          ____________________