[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[House]
[Pages H6516-H6535]
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
The SPEAKER pro tempore. Before recognizing the gentlewoman, the
Chair would like to wish her a happy birthday.
Ms. PRYCE of Ohio. Mr. Speaker, that is very kind. I appreciate that.
Mr. Speaker, by direction of the Committee on Rules, I call up House
Resolution 511 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 511
Resolved, That upon adoption of this resolution it shall be
in order to consider the conference report to accompany the
bill (H.R. 629) to grant the consent of the Congress to the
Texas Low-Level Radioactive Waste Disposal Compact. All
points of order against the conference report and against its
consideration are waived.
The SPEAKER pro tempore. The gentlewoman from Ohio (Ms. Pryce) is
recognized for 1 hour.
Ms. PRYCE of Ohio. Mr. Speaker, for the purpose of debate only, I
yield the customary 30 minutes to the gentlewoman from New York (Ms.
Slaughter), my good friend and colleague, pending which I yield myself
such time as I may consume. During consideration of this resolution,
all time yielded is for the purpose of debate only.
General Leave
Ms. PRYCE of Ohio. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks on this resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Ohio?
There was no objection.
Ms. PRYCE of Ohio. Mr. Speaker, on Tuesday, July 28, the Committee on
Rules met and granted a rule to provide for the consideration of the
conference report accompanying H.R. 629, the Texas low-level
Radioactive Waste Disposal Compact Consent Act. The rule waives all
points of order against the conference report and against its
consideration.
Mr. Speaker, in 1980, Congress passed legislation to provide a system
for States to take responsibility for the disposal of low-level
radioactive waste. Examples of low-level radioactive waste include that
which is disposed of by hospitals, universities conducting research,
and by electric utilities. This waste poses relatively few risks and
typically does not require any special protective shielding to make it
safe for workers and communities.
When it passed the Low-Level Radioactive Waste Policy Act of 1980,
Congress recognized that, while the Federal Government should handle
high-level waste, that States should be primarily responsible for
disposal of the low-level waste generated within their own borders.
Through the 1980 act, Congress encouraged States to either build their
own disposal sites or enter into compacts with other States to share
waste disposal facilities. That is exactly what the States of Texas,
Vermont and Maine have done.
Mr. Speaker, on October 7, 1997, this body considered and passed H.R.
629 by an overwhelming vote of 309 to 107. During its initial
consideration in this body, an amendment was accepted to limit the
compact disposal facility to accept waste solely from the States of
Texas, Maine and Vermont. This amendment was accepted on the condition
that the affected States would be consulted as to the impact such a
limitation would have on their ability to effectively implement the
compact.
The conferees concluded, after consultation with the affected States,
that the limiting language would not be in the best interests of the
compact. The additional language would present serious questions
regarding the need for reratification, and it would lead to costly
litigation, and it would create an uneven playing field within the
compact system. In addition, such a limitation would create a possible
infringement on State sovereignty.
Compacts are contractual agreements between the States, as required
by Congress. In fact, Congress has historically ratified them without
amendments. This rule will provide for the consideration of a clean
bill that deals with a straightforward process, the ratification of an
interstate compact under the 1980 law, as Congress intended.
Once again, it is important to point out that the States of Texas,
Maine and Vermont have done their job. They have negotiated a compact
between them to provide for the responsible disposal of low-level
radioactive waste and submitted it to this body as required under
Federal statute, for the consent of the Congress. That is exactly what
this conference report will allow us to do: tell the States of Texas,
Maine and Vermont whether or not we accept their mutual agreement.
As I have stated before, Congress has already given its consent to
nine such compacts covering 41 States. This conference report will
ratify compact number 10.
This conference report has the strong support of the governors of the
member States as well as the National Governors Association, the
Western Governors Association, the National Conference of State
Legislatures, and the Nuclear Regulatory Commission.
Mr. Speaker, as we heard during the testimony in the Committee on
Rules, this issue has been around for a long time. Adoption of this
rule and the conference report will finally allow the States of Texas,
Maine and Vermont to see light at the end of the tunnel.
Therefore, I encourage my colleagues to support the rule so that we
may consider the conference report on H.R. 629. I urge a ``yes'' vote
on this rule.
Mr. Speaker, I reserve the balance of my time.
(Ms. Slaughter asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may
consume. I thank the gentlewoman for yielding, and also wish her a
happy birthday.
Mr. Speaker, H. Res. 511 waives all points of order against the
conference report on H.R. 629 and against its consideration. This
conference agreement would grant congressional consent to an interstate
compact among the States of Texas, Maine and Vermont providing for the
disposal of low-level radioactive waste.
Mr. Speaker, conference reports are normally privileged and do not
require rules for their consideration on the House floor. Why does this
report require a rule?
The answer is that the conferees chose to delete from the conference
report certain provisions included in both the Senate and House bills.
This is a violation of clause 3 of rule XXVIII that requires conference
reports to be within the scope of the disagreements submitted to the
conference committee. In other words, despite the fact that both bills
contain similar provisions, the conference report did not include those
provisions.
Under clause 6(f) of rule X, conferees shall ``include the principal
proponents of the major provisions of the bill as it passed the
House.''
{time} 1030
This provision is designed to ensure that the House conferees fight
for the provisions of the House bill. However, in this case, a conferee
testified at the Committee on Rules that he checked with the Governor
of Texas and followed his wishes, rather than the expressed will of the
House. Apparently neither the House nor the Senate conferees fought for
the provisions in each of their bills that the conference report
deleted.
As we all know, conference committees have enormous power to shape
legislation. The only checks on that power are the handful of points of
order that individual Members can raise against the consideration of
the conference report.
Under the rules of this House, a single Member can make a point of
order against this conference report because it eliminated the
provisions contained in the House and Senate versions. But the rule we
are now considering prohibits that point of order from being raised.
The proposed rule prohibits Members from exercising the protections
expressly included in the House rules for the situation.
I am not taking a position on the deleted material nor on the
conference report itself. However, I have to ask Members, particularly
the vast majority of us who do not serve on conference committees, to
not lightly
[[Page H6517]]
waive their rights to challenge conference reports.
Today's provision that the conference committee discarded may not be
important to some Members, but waiving this point of order makes it
easier to waive it the next time, and further erodes protections
afforded every Member by House rules. Next time a Member might be the
champion of a provision included in both the House and Senate bills
through his or her strenuous efforts, but then would see it discarded
by the conference committee.
Mr. Speaker, I ask that my colleagues defeat the rule in order to
uphold their own rights as guaranteed in the House rules.
Mr. Speaker, I reserve the balance of my time.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Henry Bonilla).
Mr. BONILLA. Mr. Speaker, I thank the gentlewoman from Ohio for
yielding time to me.
Mr. Speaker, I rise to oppose this rule. I realize that the majority
on the Committee on Rules always tries to do their utmost to provide
this body with the fairest of rules possible. In fact, this is a fair
rule, considering the parliamentary needs that are required to consider
this legislation.
But I hope that the Members understand that I am going to oppose this
rule because I am doing everying I possibly can to defeat this
legislation, because this legislation is about something happening in
my congressional district.
This is the same legislation that was overwhelmingly defeated in the
104th Congress by an overwhelming vote of 243 to 176 against. This is
about allowing a low-level dump site of nuclear waste to be constructed
in one of the poorest areas of the country that falls in the heart of
my congressional district. So honestly, it does not matter what kind of
rule was granted, because my constituents and I think this legislation
is beyond repair.
There are other developments that have occurred in this that have
indicated it is dangerous to the environment in my congressional area.
I will bring those up later, but at this point I would just like to
advise my colleagues I oppose this rule.
Ms. SLAUGHTER. Mr. Speaker, I yield 9 minutes to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, I thank the gentlewoman for yielding time
to me.
Mr. Speaker, as the gentlewoman from New York has pointed out quite
eloquently, regardless of one's position on the merits of this compact,
the rules of the House have been violated and the instructions of the
Senate and of the House have been disregarded.
When this measure went to the conference committee, there were
guarantees to protect the folks in Texas, that they would not be taking
waste from States other than Maine and Vermont. There were guarantees
that the people, the poor people of the Sierra Blanca area in the
district of the gentleman from Texas (Mr. Bonilla), would have some
rights and remedies if their interests were abused, as they surely will
be if this waste site is located in Sierra Blanca. But this is more
than a matter of abuse of the rules of the House and the Senate and of
parliamentary procedure and insider talk.
I would suggest to my colleagues that anyone who has come to Texas
has learned that one of the great qualities of our entire State is
something called Texas hospitality. If you choose to visit our State,
you will get more than just a pleasant ``Howdy,'' you will get nods and
smiles, and ``How are you doing,'' from folks that do not even like you
down there.
We believe in genuine hospitality. It is a warm State in more than
the temperature at this time, and those of us who grew up in Texas take
a special pride in that Texas hospitality.
But a very good and rare quality is being taken just a little too far
when it comes to this compact, because there are those in Texas who
basically are saying, ``Send us your radioactive garbage.''
Unfortunately, at the top of the list is our Governor, George W. Bush.
It seems to me that the slogan that one can find on one pickup truck
after another around Texas, and even a few other vehicles, ``Don't mess
with Texas,'' is being converted by that administration into another
slogan, ``Send us your mess; and in particular, send us your nuclear
mess.''
Governor Bush and other Statewide officials in Texas mostly have
become largely silent on what is to become a nuclear waste dumping
ground for this entire country, and that is the Sierra Blanca waste
dump site in far West Texas.
On April 19 Governor Bush was quoted in the Houston Chronicle with
some very positive comments about the issue that this conference
committee has now dumped. He said, ``My pledge is to make sure that
those are the only two States beside our own to use this dump site.'' I
was very encouraged by his comments, though he had been largely silent.
Then I learned that within only a few days of that comment in Texas,
that Governor Bush signed a letter on April 22 of 1998, within the same
week, in which he urged the conferees to end the provisions that would
provide the very protection that in Texas he said he was for.
He was quoted the other day down in Brownsville as saying that he
believed that this concept of limiting the dump to Texas, Vermont, and
Maine, two small New England States sending a minimum amount of
radioactive poisonous content to Texas, was such a good idea that he
would be willing to write a State law to deal with this issue. The only
problem is that if you have signed a compact ratified by Congress that
provides otherwise, how are you going to write a State law?
If it is such a good idea in Texas and Brownsville and in Houston to
limit the nuclear radioactive garbage that is about to be dumped in the
pay toilet out in West Texas, if it is such a good idea to write a
State law, then why not speak up vigorously for what has been done by
the United States Senate and the United States House, and that is to
write it into Federal law that we were limiting that amount of garbage
that will come to Texas, not to the world but to those two small New
England States, which was the original justification for having this
compact?
We cannot have it both ways. Either we are in favor of protecting the
people of Texas, as the Houston Chronicle called for yesterday in an
editorial, we are either in favor of protecting the people of Texas, or
we are in favor of extending that Texas hospitality a little too far
and saying to the people of the United States, wherever they are, all
of them who are in States who, since 1980, have not been able to get a
single licensing agreement for a radioactive waste garbage site, ``We
are sorry you had problems, but we in Texas love having nuclear
radioactive garbage from all over the country, and send it down to the
poor people of Sierra Blanca. Send it to the good people, send all your
nuclear garbage to the good people of Sierra Blanca down in the
district of the gentleman from Texas (Mr. Bonilla), on the edge of the
district of the gentleman from Texas (Mr. Reyes), because they love to
have your garbage.''
I want to tell the Members that the folks of that area do not want
the nuclear garbage, and neither do many people across the State of
Texas. The more they learn about the dangers of this dump site, the
less they are going to want it.
There is a significant question here about why this particular site
was chosen in the first place. I understand, and I am sure Members will
hear that, oh, no, this does not have anything to do with the selection
of a particular site. We are just going to arrange for all the garbage
from around the country to roll into Texas. There is no guarantee it is
going to go to Sierra Blanca.
Indeed, some administrative law judges in Texas have recently
questioned the Sierra Blanca site. The Sierra Blanca site was not
chosen because it was the best place in the United States to locate
nuclear garbage, or even the best place in the State of Texas. It was
not chosen because it happens to be near a fault that recently had an
earthquake and has had tremors, and might well expose this nuclear
waste to flowing down the Rio Grande River, since it is so near the Rio
Grande, poisoning the water supply for literally millions of people on
both sides of the Rio Grande River.
It was not chosen for those reasons. It was chosen because it was
perceived that the people of Sierra Blanca lack
[[Page H6518]]
the political power to be able to do something to protect their
neighborhood; that it was okay to take this garbage from across the
United States and put it into a poor neighborhood that would not be
able to resist.
That is just not my comment on it. I turn to the comments of some two
Texas A&M professors, employed by who actually promote this dump. This
is in an article that appeared in the Texas Observer on October 24 of
last year.
They said, ``The findings of this survey suggest that a broad-based
public information campaign designed to familiarize the general public
with all aspects of waste disposal siting might prove detrimental. A
preferred methodology might be to develop public information campaigns
targeted at specific populations. One population that might benefit
from such a campaign is Hispanics. This group is the least informed of
all segments of the population. The authorities should be aware,
however, that increasing the level of knowledge of Hispanics may simply
increase opposition to the site.''
And indeed, that is exactly what has happened. The more that
particularly the heavily Hispanic population of West Texas has learned
about the dangers of this dump site, the more they have questioned it.
Indeed, the more people of any ethnic origin in Texas, including, I
am sure, the readers yesterday of the Houston Chronicle, learned that
this is about to become a dump site for garbage from all over the
country, the more they are going to resist the idea, and say, ``We
still like the sign that we see on the bumper stickers on the back of
pickup trucks all over Texas: ``Don't mess with Texas.'' Don't send us
your nuclear garbage.
Another phony argument that the supporters of this compact advance is
that if we do not have this dump site, we are going to practically end
medical and academic and industrial research in this country.
Ninety-nine, to be charitable to the supporters of this dump, 98
percent of the garbage that is going to be dumped here does not have
anything to do with medical, academic, or even industrial research.
Most of this garbage is coming out of decommissioned nuclear power
plants.
It may well be that some with Maine Yankee Power think they can cut a
better deal to put it somewhere else, and then assign their rights to
others who have nuclear garbage around the country. That is why this
provision is so anti-Texas, and why it is so strange that, as we gather
here today, despite a vote of the United States Senate and of the
United States House in favor of limiting this dump to Texas, Vermont,
and Maine, that the conference committee has taken that protection off,
that it has removed the protection to the people of Sierra Blanca and
the surrounding area that Senator Wellstone put in, and why this rule
should be rejected.
Ms. PRYCE of Ohio. Mr. Speaker, I am pleased to yield 5 minutes to
the gentleman from Colorado (Mr. Dan Schaefer), the chairman of the
Subcommittee on Energy and Power.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I thank the gentlewoman
very much for yielding time to me.
Mr. Speaker, I stand today in support of House Joint Resolution 511.
This is a rule providing, as we all know, for the consideration of the
conference report to accompany H.R. 629, the Texas Low-Level
Radioactive Waste Compact Consent Act.
This important legislation, of course, would grant the consent of
Congress to the States of Texas, Maine, and Vermont to enter into a
compact for the disposal of low-level, low-level radioactive waste. I
might say that nine other States have already done this. This would be
the 10th State to do it.
The rule waives all points of order against consideration of this
report. This is necessary for the House to consider a clean, clean
compact bill as the conferees have recommended.
During the consideration in the House, an amendment was adopted which
restricts the Texas compact to accept waste solely from Texas, Maine,
and Vermont. Now, this language was accepted on one condition. That is
that we have a chance to consult with the Governors of the three
affected States regarding its impact on the ability to implement the
compact.
The consultations were emphatic. All three Governors, all three
Governors, opposed the amendment adopted by the House. The opposition
was not limited to these three States. The National Governors
Association, the Western Governors Association, the National Conference
of State Legislators all contacted us in opposition to the House-passed
language.
The Low-level Radioactive Waste Policy Act passed by Congress in
1980, 1980, provided the States with great latitude in implementing its
requirements.
{time} 1045
It was not the intention of Congress to create a prescriptive idea
for the States to adopt. In considering H.R. 629, the States have
reminded us of this fact. The action to eliminate the provision which
requires us to seek this rule is a necessary one to preserve the
flexibility of the States. And I say to the States, we want States'
rights in implementing not only the Texas compact but the
administration of the entire compact system.
All eight conferees, both Republicans and Democrats, House and
Senate, agreed that this was a proper course of action. The States of
Texas, Maine, and Vermont have fulfilled their responsibilities. They
have negotiated a disposal contract between themselves and have
presented it to Congress for our consent. This is a very good rule. It
will allow the House to do the right thing for the States of Texas,
Maine, and Vermont.
Mr. Speaker, I urge support for the rule.
Mr. HALL of Texas. Mr. Speaker, will the gentleman yield?
Mr. DAN SCHAEFER of Colorado. I yield to the gentleman from Texas,
one of the cosponsors of the bill.
Mr. HALL of Texas. Mr. Speaker, I will be brief because I know we
have a long way to go today.
Notwithstanding my great respect for the gentleman from Travis
County, Texas (Mr. Doggett), I opposed his amendment on the floor here.
But the gentleman from Texas (Mr. Barton) and others of us got together
and I think we thought, not hysterically but from the standpoint of
reason, it was the easiest way to deal with it, to send it on to
conference and we could work it out.
Mr. Speaker, we tried to do that, and we have been unsuccessful in
working it out with the gentleman from Texas (Mr. Doggett). We have
carried out our part of the bargain. We sought the views of the
governors; and, yes, we sought the views of Governor Bush, our
governor, my governor, the governor of the State of Texas and the
governors of the other two States. They oppose the Doggett amendment,
and under these circumstances I fully support the conference report and
the rule requested by the chairman.
We will get a chance to talk about a lot of these things that the
gentleman from Texas (Mr. Doggett) set out later today, because we have
other phases of it. But Texas is not about to get all the garbage. I
think it is everyone's knowledge that there is a limitation on the
amount that can come. I think it is 1.8 million cubic feet. Of that,
only 20 percent of that can come from the other States. There is not
going to be a trainload and a truckload and an airplane load and a
pickup truckload of garbage coming into Texas from all areas. It is
relegated to that amount from those two States.
That is the reason Congress passed this act to start with, to give
States an opportunity to bind together to work out a situation to where
they can put their low-level waste. That has happened and it has not
been a one-way street. We have had hearings, public hearings. The three
governors have had speeches and all over the State.
We have debated this three or four or five times here on the floor, I
think. It is just common knowledge that this is the ninth or tenth such
program that Congress provided for. We followed that rule to the extent
of the law, and we think that this rule ought to be granted.
Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Edwards).
Mr. EDWARDS. Mr. Speaker, it would be convenient if we lived in a
country and a world that had no low-level nuclear waste. We would all
like that. But we do not have the luxury of enjoying that convenience,
because that is simply not the real world in which we exist.
[[Page H6519]]
The fact is that, from hospitals to medical offices to dental
offices, we have low-level nuclear waste. The question today is not are
we going to have it or what amount are we going to have; the question
is what to do with it. And that is exactly the question this Congress
considered in 1985 when it passed the Low-Level Radioactive Waste
Policy Amendments Act.
In this act, Congress' intent was to give States the authority to
work together so that we could provide sites for the location of low-
level nuclear waste, so that we could encourage management of low-level
nuclear waste, so that we do not have literally thousands and thousands
of sites, perhaps unsafe, low-level waste in utility companies' arenas
and the back doors of hospitals all across this country. There was a
reason why this Congress passed that compact and the reason is it was
supported by the American people at that time.
Since then, there has been a good reason why 42 States have chosen
voluntarily to participate in this process of safely and smartly
managing the inventory of low-level waste.
Today, those of us from Texas that support this, and let me point out
for the record, despite my good friends, whom I greatly respect, the
gentleman from Texas (Mr. Bonilla), the gentleman from Texas (Mr.
Doggett) and the gentleman from Texas (Mr. Reyes), despite their
opposition, the majority of the members of the Texas delegation here in
the House support this compact.
Republican Governor George Bush supports it. Democratic Governor Ann
Richards at the time she was governor of Texas supported it. This is a
compact that 42 other States have had the right to participate in since
the passage of the original bill in 1985.
Today Texas, Maine, and Vermont are not asking for anything special.
We are just asking other delegations to respect our right to do what
they chose to do under the 1985 law.
Late last year, Mr. Speaker, the House overwhelmingly passed H.R.
629, and the Senate passed it without objection. I believe it is time
to put this issue to rest. It is time to vote on H.R. 629 so we can
finally resolve the question of how to effectively manage low-level
waste in our three particular States.
Mr. Speaker, we gave the States responsibility to handle this waste
and, as I have said, the governors have negotiated an interstate
compact which comports with our policy and all three legislatures
overwhelmingly approved that compact.
Now, the opponents to this bill, and they have legitimate reasons and
I respect their concerns and their reasons for opposition, but they
want, in many cases want to change Federal policy regarding low-level
radioactive waste. They want Congress involved in individual States'
decision.
Mr. Speaker, I urge support of this rule and urge passage of the
bill.
Ms. PRYCE of Ohio. Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from
Maine (Mr. Allen).
Mr. ALLEN. Mr. Speaker, I thank the gentlewoman from New York (Ms.
Slaughter) for yielding me this time.
Mr. Speaker, I rise today to urge support of this particular rule.
This matter, as the gentleman from Texas (Mr. Edwards) just said, has
come before this House now on several occasions and all we are asking
is to give the citizens of Texas, Vermont, and Maine a chance to enter
into an agreement to dispose of their low-level nuclear waste in a way
that makes sense.
I would say this, the reason that it is important to do this without
any amendment is that an amendment means delay. The agreement that was
reached in Maine, it was adopted by referendum of all the people. Then
it went to the State legislature. In both Vermont and Texas, it has the
support of the legislature and the governors of those States. This is a
matter that has come to us with unanimous approval of the State bodies
that have jurisdiction over this particular issue.
Mr. Speaker, all we are asking is to get it through and allow us to
dispose of our low-level radioactive waste in a way that makes sense.
The gentleman from Texas (Mr. Hall) was reminding those from that
State that they are not going to see a flood of low-level radioactive
waste from Maine and Vermont, and that is accurate. We are not
generating low-level radioactive waste at such a level that it should
be a burden. But we are committed to help pay for this facility. We are
sharing in the cost of this. For that reason, what I am asking all
Members to do today is respect what these three States have
accomplished, support the rule, and I urge passage of the underlying
bill.
Ms. PRYCE of Ohio. Mr. Speaker, I continue to reserve the balance of
my time.
Ms. SLAUGHTER. Mr. Speaker, I yield 8 minutes to the gentleman from
Texas (Mr. Reyes).
Mr. REYES. Mr. Speaker, I thank the gentlewoman from New York (Ms.
Slaughter) for yielding me this time.
Mr. Speaker, I rise today in strong opposition to this rule. I am
here again today to ask that this body do the right thing for the
people of West Texas. The conference report on H.R. 629, the Texas Low-
Level Radioactive Waste Disposal Act, is in my opinion and in the
opinion of others, including those people that live in West Texas, an
affront to all of us and to those of us that represent them in this
body.
This conference report strips a key provision from the bill that both
the House and the Senate had adopted. Unlike both the House- and
Senate-passed measures, the conference report does not include a
provision that would restrict waste at the selected site to the States
of Texas, Maine, and Vermont.
I ask, how can this House in good conscience vote to waive all points
of order against this report?
Mr. Speaker, this is my first term, but as I heard and as I
understand the comments of the gentlewoman from New York, this is a
highly unusual way to bring back a conference report for a vote.
I think that it is clear that the provisions that were both on the
Senate and the House side were, to use an old West Texan term, finagled
off in a highly unusual maneuver in requiring a rule on a simple
conference report. I think that is wrong and I think that the people of
West Texas deserve better treatment by this House than they have
received on this.
By voting for the conference report, my colleagues are saying to all
the Members of this House that it is okay to ignore the will of this
body, that it is okay for eight conferees to ignore the rest of all of
the senators and representatives that represent the people throughout
this country.
Members should vote against this conference report because the
conferees violated the scope of their authority. That I think is very
clear. We should not let this House vote on a bill that ignores the
will of both the House and the Senate. I am sure that without this key
provision, which is the Doggett amendment which would restrict nuclear
waste to Texas, Maine, and Vermont under H.R. 629, that bill would
never have passed in the Senate.
Mr. Speaker, I ask my colleagues to defeat this rule and send this
bill back to conference where it belongs. Let us all together today
send a strong message that the conferees cannot and should not ignore
the will of the House and the Senate. I urge all of my colleagues to
vote against this rule.
Mr. DOGGETT. Mr. Speaker, will the gentleman yield?
Mr. REYES. I yield to the gentleman from Texas.
Mr. DOGGETT. Mr. Speaker, it is my understanding that the States of
Michigan, New Hampshire, New York, Massachusetts, Connecticut and New
Jersey are not a part of the compact at present. My question is, are
there not a number of very large States with a significant amount of
potential to generate nuclear garbage, specifically Michigan, New
Hampshire, New York, Massachusetts, Connecticut and New Jersey, that do
not have a compact partner right now and would love to send their
garbage down to Sierra Blanca?
Mr. REYES. Mr. Speaker, that is correct.
Mr. DOGGETT. Mr. Speaker, if the gentleman would continue to yield,
indeed, did not the former governor of Connecticut already inquire and
try to become associated with this compact?
Mr. REYES. Mr. Speaker, as a point of reference, that is one of the
major concerns that we have. That once the site is in place, it will
become a profit-generating venture that would accept
[[Page H6520]]
waste material not only from Texas, Maine, and Vermont but literally
from throughout the country.
Mr. DOGGETT. Mr. Speaker, without the amendment that this House and
the Senate approved, there is absolutely nothing to keep a group of
unelected commissioners, appointed by the same governors who may have
said, as in our case, one thing in Texas and another thing up here in
Washington about this compact, from taking that nuclear waste from any
of those States; or maybe some of the ones that are in compacts already
but are part of those compacts that have been unable to get a licensing
agreement since way back in 1980, almost 20 years ago?
Mr. REYES. That is correct. And the potential exists that this waste
disposal site in Sierra Blanca, Texas, could conceivably become the
only site where nuclear waste could be disposed of and could be stored.
That is a very real concern for those of us that live in West Texas.
{time} 1100
Mr. DOGGETT. Mr. Speaker, if the gentleman will continue to yield,
and then I noticed an editorial in my hometown paper, the Austin
American Statesman, back in April that was entitled, ``Okay, If You
Must, Keep It As Just Three.''
It concludes, if a three-State compact really means just three, no
one should fear putting that into law. It is the very least that can be
done to reassure Texans they are not getting suckered.
I want to ask the gentleman if he feels that the people of Sierra
Blanca and west Texas will be suckered if this kind of proposal without
the three-State limitation is approved.
Mr. REYES. Absolutely. That is a very real concern that all of us
have about this site that is scheduled to be into Sierra Blanca.
Mr. DOGGETT. Mr. Speaker, I know the gentleman is familiar with the
terms of some of the other compacts that have been approved in the
country for other States. We have heard so much about this Congress
approving other compacts.
Is it not true that some of those other compacts have provided
representation for the very county and the very region where the
regional facility would be located and that this particular compact
does not give the people of El Paso or Sierra Blanca or Van Horn or
Pecos or any of the area affected or any of the places through which
that waste might be moved like Austin, Texas, they do not get any
representation guaranteed in this compact agreement, do they?
Mr. REYES. They do not. And therein lies the liability, not just for
the people of Sierra Blanca, not just for those of us who live in west
Texas, but literally for communities throughout this country that this
waste material would be transported through to get to Sierra Blanca.
Mr. HALL of Texas. Mr. Speaker, will the gentleman yield?
Mr. REYES. I yield to the gentleman from Texas.
Mr. HALL of Texas. Mr. Speaker, the gentleman has listed the three
States that embody this agreement and he has listed five other major
States that would like to send their low-level waste to Texas. I would
like to add the other 44 States that would probably like to send their
low-level waste to wherever they want to send it. When the gentleman
says there is no way to keep them from it, I know that he is aware of
the application, he is aware that the application limits it to 1.8
million cubic feet, and that only 20 percent of that can come from the
other two States. It does not allocate any to come from all the States
the gentleman has named, nor the other 44.
Mr. DOGGETT. Mr. Speaker, if the gentleman will continue to yield, I
am aware of the limitation and the application starting this out. But
we are approving a compact that is to last for the ages. My concern is
that, as the gentleman just pointed out, and I could not agree with him
more, that all 50 States would like to send their garbage to Texas. My
guess is that with the kind of hospitality that they are being shown by
Governor Bush and others who have been even more silent than he has,
that they will all have a chance to put Sierra Blanca on the map.
It is a small place, heavily Hispanic, very poor. It is one of those
places you can drive through and hardly know you have been through it
when you are going down I-10 on the way to El Paso. It is going to be a
point on the dot that they know about in Alaska and Vermont and
Michigan and New York and all over this country, because it is going to
be send your nuclear garbage there. Get a little bit in there now and a
whole lot later when we amend the application.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Barton), a member of the Committee on Commerce.
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Speaker, I rise in support of the rule to
govern floor debate on the conference report on H.R. 629.
It passed the House 309 to 107 earlier this year. It is a good piece
of legislation. It authorizes three States, Texas, Vermont and Maine,
to enter into a compact to accept low-level nuclear waste. I think some
of the rhetoric we have already heard in the rule debate is hotter than
the waste that is going to be in this site when it is constructed. I
think we ought to pass the conference report and let the three States
go on about their business like we have already let 42 other States.
Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Green).
Mr. GREEN. Mr. Speaker, I thank my colleague on the Committee on
Rules for allowing me to speak today.
As she mentioned, now we can hear the rest of the story. I rise in
support of the rule and support of the conference committee report.
Let me give the Members who are here on the floor and also in their
offices and who are watching a little history about this compact. I
think they have heard it over the last few years because I was in the
State Senate in 1991, when we actually passed an interstate compact
with Texas and Vermont and Maine, because under the interstate commerce
clause, without a compact, if this site is built, whether it is in
Sierra Blanca or anywhere else, it will be required to take waste from
every State in the Union.
I think my colleague, the gentleman from Texas (Mr. Hall) pointed
that out. All 44 other States would like to send it here or 46, after
we get other than what is in the compact. So if this site is going to
be built without a compact, it would have to accept it from everywhere.
Again, we did not pick the site, either in the legislature or here on
the floor of this Congress. The site was selected by the folks in Texas
which is what the intent was. It was not supposed to be by those of us
who serve in Congress or in the legislature, because in Texas the
legislature meets every 2 years whether they have to or not. It was
selected by people who have the expertise to select sites, and they
looked at sites in south Texas and west Texas, and they picked Sierra
Blanca.
If it was my choice, I would not pick Sierra Blanca, because we have
another site in Texas who may not be at the same level now in the
application process who actually wants it. But that is not our decision
on this floor and that is not the decision on the floor of the State
legislature. It is a decision by the experts and the people that the
State hires in their regulatory agencies to make that decision. So that
is why this bill is so important. If we are going to have that site,
then the compact, just like the other compacts, is important that we
ratify it here.
The Low-Level Radioactive Waste Policy Amendments of 1985 established
where States could develop compacts. Texas, under a former governor,
not Governor Bush but Governor Ann Richards, worked out an agreement
with Maine and Vermont to have this so Texas could limit our exposure.
Again, we do not want to be the waste site for the Nation or the world,
but we recognize the responsibility we have in our own State for our
low-level waste that we generate. Some of it is from hospitals, some of
it is from nuclear power plants, it is from all sources. But that
product, that waste is now being stored on sites all over the State of
Texas.
That is why we need to put it in a secure location, a permanent
location. My colleague from Austin mentioned that we are passing a bill
for the ages.
[[Page H6521]]
Granted, this low-level waste has a life much longer than any of us
ever expect to be here in Congress or even our own lives, but we also
know that Congress is in session all the time, the legislature is in
session on a regular basis. They can change this, and they can deal
with it. That is why it is so important today we pass this rule and
adopt the conference committee report.
Ms. SLAUGHTER. Mr. Speaker, I yield the balance of my time to the
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, the willingness and desire of our
colleagues from New England to put this nuclear garbage as far away
from there as possible out into west Texas is quite understandable. The
silence in some cases and the open invitation of Governor George W.
Bush that we accept all that nuclear garbage is a little bit more
difficult to understand.
It is difficult to understand, particularly because some of the
latest reports suggest that we do not need as many radioactive waste
dump sites as are currently planned, that economically it does not make
sense. We should consider the fact that none of these dump sites have
been licensed for almost 20 years, despite the fact that some compacts
have been formed. If we get on the fast track in Texas to put all that
nuclear garbage out in Sierra Blanca, guess where the major waste dump
site for the country is going to be located? Right there in that poor
Texan Hispanic neighborhood.
I think that is one of the reasons why in June of this year some 95
environmental groups and legislators in both Mexico and the United
States asked Governor Bush to keep his word and to stop this ongoing
project. Unfortunately, that has not happened.
I find interesting the emphasis on the word ``low,'' when talking
about nuclear waste or radioactive waste. Low. It reminds me a little
bit of one of those late night commercials on television where someone
is talking about ``how low can you go'' when buying a car or mobile
home or something else that they might want to sell on there.
Well, let me tell my colleagues how low this radioactive waste is. It
is low enough to kill you. It is low enough to kill people for
thousands of years to come. It is low enough to kill people who exist
on this planet today and anyone in the future that might exist on this
planet that would ever remember those of us that are gathered here on
the floor of this Congress today. It is low for public relations
purposes. It may be lower than the highest level of radioactive waste,
but it is high enough to be lethal and deadly and not to be placed in
Sierra Blanca.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 4 minutes to the gentleman
from Texas (Mr. Hall), ranking member of the Subcommittee on Energy and
Power.
Mr. HALL of Texas. Mr. Speaker, I would like to continue my
discussion with the gentleman from Texas (Mr. Doggett) in hopes that we
could win him over to see what his State needs and what these States
have contracted for.
I simply start out by saying if we do not have a compact, he would be
exactly right. These other 44 States, these three States, Mexico
perhaps, Canada, throw in the Virgin Islands if we want to, maybe want
to send their waste to Texas or to any other State. That is the reason
we have compacts. That is the reason the Congress, in its wisdom back
several years ago, provided for these compacts. That is the reason nine
other compacts have been signed and are working. So I think in all
these States that, including Texas, we have to have the compact or we
could be the target for all of those.
Now, let me just talk a little, another minute about how a compact
protects an area that enters into a compact. I am talking about these
three States. I am talking about our State and the rights that we have
and the vision that those that put this agreement and application
together had for our State.
I would tell the gentleman, he says, what is to keep it from
happening, how can it not happen, how can we stop the flow of trucks
and trains filing into this State? Well, it is very simple. Section 6
of section 3.05 says, The commission may 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 of
disposal, provided that the agreement reaches a majority vote of the
commission.
They cannot just load up and say we are headed for Texas. They have
to have the assurance and the authority of the commission.
The commission, it says, may adopt such conditions and restrictions
in the agreement as it deems advisable. That is local control in its
finest sense. That is the commission of these three States. How much
authority does the State of Texas have in that?
Well let us read again. Let us go to article 3. This is the
protection I think that the gentleman is seeking. I think this is going
to give you some assurance that I hope turns the tide on this rule. Who
makes that decision by the commission? Who is the commission? Is that
somebody from the other 46 States, the other 49 States or these three
States? This tells us who makes that decision. It is not guesswork. It
is not who has the biggest truck or who has the longest railroad. This
says there is hereby established the Texas Low-Level Radio Waste
Disposal Compact Commission. That is the commission the other article
alluded to.
The commission shall consist of one voting member from each party
State, except that the host State shall be entitled to 6 voting
members. So the gentleman's State with 6 members, the other States with
2 members, I think they could do something about a deluge of low-level
waste or garbage, whatever.
I have faith in the people that are going to be running this country
in the future. I have faith in the legislature. The gentleman says do
not mess with Texas. Do not mess with the legislature. Do not mess with
Governor Bush. Do not mess with the governors of these other two
States. Do not mess with all those public hearings that they have had.
Do not mess with the Speaker of the House. Do not mess with the leader
of the Senate. Do not mess with those who form the majority of the
Senate and the House and voted for this, sent it on and asked for it,
availed themselves of that that this Congress made available to them.
I think we need to pass this rule and get on with our business.
{time} 1115
Ms. PRYCE of Ohio. Mr. Speaker, I yield 1 minute to the gentleman
from Maine (Mr. Baldacci).
Mr. BALDACCI. Mr. Speaker, I would like to thank the gentlewoman for
yielding the time. The Texas Compact Act was passed by a floor vote of
309-107 in the House. The Texas compact has bipartisan support in its
member States, in Congress and in the Nation. Congress has approved
nine similar compacts for 41 States without amendments and without
opposition.
The compact's member States oppose any amendments to this
legislation. I support the rule. I support the proposal. It is in the
best interest of Texas, Maine and Vermont, and it is in the best
interest of this country. These entities need this safe disposal site,
they need cooperation and collaboration between these States, and the
State legislatures, the States' governors and the people of these
States have supported these efforts. I ask for the consideration of
this legislation.
Ms. PRYCE of Ohio. Mr. Speaker, I yield 2 minutes to the gentleman
from California (Mr. Bilbray).
(Mr. BILBRAY asked and was given permission to revise and extend his
remarks.)
Mr. BILBRAY. Mr. Speaker, let us be very frank about this. The people
that oppose the Texas compact traditionally oppose all of the low-level
radiation compacts. Let us remember that 20, 30 years ago this material
was going into landfills across this country.
Those who oppose the compacts and oppose siting these facilities have
to ask themselves, it is easy to attack a location, an option, but it
is awful hard to get a better option. I would just ask those who oppose
this compact or any other compact to remember that the Federal
Government mandated this approach, legislated this approach, and now
there are those in the Federal Government that would love to obstruct
this approach. I just ask those that do not like the options that are
being proposed by this compact, what is your alternative? To continue
to leave this waste stream in Dallas, in Houston, in Galveston, in the
hospitals and the research facilities in Texas and
[[Page H6522]]
in other States? What is your option of what do we do with this low-
level waste stream? This is the Federal mandated option that we placed
on States. This is better than having the waste stream in our
neighborhoods, next to our facilities, where our children are playing,
where our grandparents are staying. So when you talk about this and
say, is this the proper site, let me challenge you by saying, is the
option better? Is it better to leave the waste stream where it is now,
backing up and piling up in our neighborhoods? I would just ask that
you consider the fact there may be people concerned about this site and
about this compact, but go into your communities and ask your planning
groups and your community groups and your families about do they want
this waste stream left in their neighborhoods where it is now? The big
untold story here is the fact that where this waste stream is and where
it would be if it was not sited appropriately. This is the safest, most
logical strategy. This is a strategy we decided on decades ago, and it
is one that we should continue with. It is a rational strategy. Let us
not have this waste in our neighborhoods. Let us have it in a safe
facility.
Ms. PRYCE of Ohio. Mr. Speaker, I yield myself the balance of my
time. Let me just say in response to some of my colleagues' concerns
that this conference report contains the identical language of the
other nine existing compacts. Further, it is not the intention of
Congress to create a proscriptive regime for the States. It was
intended to allow the States to manage for themselves the safe disposal
of low-level waste as they see fit, without burdensome Federal
regulation. It is important to note that all eight conferees agreed to
this course of action.
Let me remind my colleagues once again that this rule will allow the
House to consider the conference report which is supported by the
governors of the member States as well as the National Governors
Association, the Western Governors Association, the National Conference
of State Legislatures and the Nuclear Regulatory Commission.
I once again strongly urge my colleagues to support this rule and
therefore allow the House to consider the conference report on this
important legislation.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore (Mr. Dickey). The question is on the
resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DOGGETT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 313,
nays 108, not voting 13, as follows:
[Roll No. 343]
YEAS--313
Aderholt
Allen
Archer
Armey
Bachus
Baesler
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bono
Boswell
Boucher
Boyd
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Carson
Castle
Chabot
Chambliss
Chenoweth
Christensen
Clement
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Davis (FL)
Davis (VA)
Deal
DeGette
DeLay
Diaz-Balart
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Fazio
Foley
Forbes
Fossella
Fowler
Fox
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jenkins
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kasich
Kelly
Kennedy (RI)
Kennelly
Kildee
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaHood
Lampson
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
LoBiondo
Lucas
Maloney (CT)
Manton
Manzullo
Martinez
Mascara
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McHale
McHugh
McInnis
McIntosh
McIntyre
McKeon
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Oxley
Packard
Pallone
Pappas
Parker
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Redmond
Regula
Riggs
Riley
Rivers
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shimkus
Shuster
Sisisky
Skaggs
Skelton
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stump
Stupak
Sununu
Talent
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thune
Thurman
Tiahrt
Traficant
Turner
Upton
Vento
Visclosky
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
NAYS--108
Abercrombie
Ackerman
Andrews
Becerra
Berman
Blagojevich
Bonilla
Bonior
Borski
Brady (PA)
Brown (CA)
Capps
Cardin
Clay
Clyburn
Conyers
Coyne
Cummings
Davis (IL)
DeFazio
Delahunt
DeLauro
Deutsch
Dixon
Doggett
Doyle
Ensign
Eshoo
Evans
Farr
Fattah
Filner
Ford
Furse
Gejdenson
Gibbons
Gutierrez
Hastings (FL)
Hilliard
Hinchey
Holden
Hooley
Jackson (IL)
Jefferson
Kanjorski
Kennedy (MA)
Kilpatrick
Kucinich
LaFalce
Lantos
Lee
Lewis (GA)
Lofgren
Lowey
Luther
Maloney (NY)
Markey
Matsui
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (CA)
Mink
Nadler
Neal
Olver
Ortiz
Owens
Pascrell
Pastor
Payne
Pelosi
Poshard
Rangel
Reyes
Rodriguez
Rothman
Roybal-Allard
Rush
Sawyer
Schumer
Scott
Serrano
Sherman
Skeen
Slaughter
Stabenow
Stark
Stokes
Strickland
Thompson
Tierney
Torres
Velazquez
Waters
Watt (NC)
Waxman
Wexler
Weygand
Woolsey
Wynn
Yates
NOT VOTING--13
Clayton
Cubin
Engel
Etheridge
Gonzalez
Hinojosa
Hunter
Kaptur
McDade
Moakley
Price (NC)
Towns
Young (FL)
{time} 1140
Ms. ESHOO and Messrs. RUSH, McNULTY, SAWYER, HOLDEN and MARKEY
changed their vote from ``yea'' to ``nay.''
Mr. RAHALL changed his vote from ``nay'' to ``yea.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, pursuant to the provisions
of House Resolution 511, I call up the conference report on the bill
(H.R. 629) to grant the consent of the Congress to the Texas Low-Level
Radioactive Waste Disposal Compact.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Dickey). Pursuant to the rule, the
conference report is considered as having been read.
(For conference report and statement, see proceedings of the House of
July 16, 1998, page H5724).
The SPEAKER pro tempore. The gentleman from Colorado (Mr. Dan
Schaefer) and the gentleman from Texas (Mr. Hall) each will control 30
minutes.
Mr. BONILLA. Mr. Speaker, I am opposed to the bill, and because the
[[Page H6523]]
chairman and the ranking member are both in favor of the bill, under
rule XXVIII I assert my right to be recognized for 20 minutes in
opposition to the conference report.
The SPEAKER pro tempore. Is the gentleman from Texas (Mr. Hall)
opposed to the conference report?
Mr. HALL of Texas. I support it, Mr. Speaker.
Mr. REYES. Mr. Speaker, as a member of the minority also in
opposition to the conference report, I ask unanimous consent that the
gentleman from Texas (Mr. Bonilla) yield to me 10 of his minutes that I
may be allowed to control.
The SPEAKER pro tempore. Prior to entertaining that request, under
clause 2(a) of rule XXVIII, recognition of a Member opposed does not
depend on party affiliation but is within the sole discretion of the
Chair, page 759 of the manual.
The gentleman from Texas (Mr. Bonilla) is senior to the gentleman
from Texas (Mr. Reyes), and therefore the gentleman from Texas (Mr.
Bonilla) is recognized to control 20 minutes of debate.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I want to get this
straight.
I will control 20 minutes, the gentleman from Texas (Mr. Hall) will
control 20 minutes, and the gentleman from Texas (Mr. Bonilla) will
control 20 minutes of which I think he is going to yield 10 minutes to
the gentleman from Texas (Mr. Reyes).
The SPEAKER pro tempore. That is accurate. That is the understanding
of the Chair.
Mr. BONILLA. Then, Mr. Speaker, I ask unanimous consent to allow the
gentleman from Texas (Mr. Reyes) to also have 10 minutes of my time to
control.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
{time} 1145
Parliamentary Inquiry
Mr. BECERRA. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore (Mr. Dickey). Will the gentleman from
California please state his parliamentary inquiry.
Mr. BECERRA. If I heard the Speaker correctly, the allocation of time
is being distributed two-thirds to those who are in support of the bill
and one-third to those who are opposed to the bill.
The SPEAKER pro tempore. That is correct.
Mr. BECERRA. Mr. Speaker, my parliamentary inquiry is, is it not the
tradition of the House to divide the time equally between those who are
in support and those who are opposed?
The SPEAKER pro tempore. The House is now operating under clause 2(a)
of rule XXVIII, and that is what is provided.
General Leave
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days within which to revise and
extend their remarks on this legislation and to insert extraneous
material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield myself such time
as I might consume of my 20 minutes.
H.R. 629, the Texas Low-Level Radioactive Waste Disposal Compact
Consent Act would grant the consent of Congress to the low-level
radioactive waste disposal agreement reached between the States of
Texas, Maine, and Vermont.
When Congress passed this Act back in 1980, it was a part of a
broader general agreement whereby the States are responsible for the
disposal of low-level radioactive waste while the Federal Government is
responsible for high-level radioactive waste disposal. Since 1980 when
the act was passed, 41 States have received the consent of Congress for
their disposal compacts.
The vast majority of low-level radioactive waste do not even require
the use of special containers to protect against threats to human
health. They include a wide range of materials, medical isotopes,
university research wastes, and low-level wastes from nuclear power
operations. In most cases, the radioactivity in these materials would
decay to the point where there is no significant, no significant risk
to human health after about 100 years.
With the decision to put low-level waste responsibilities at the
State level, the obligations of the Federal government have always been
fairly limited. Our primary responsibility is to ensure that the
compacts comply with the Federal Low-Level Waste Act. The Texas Compact
meets this test without a doubt. The State legislatures and the
Governors of Texas and Maine and Vermont have met their obligations
under the Low-Level Radioactive Waste Policy Act. It is now our
responsibility as Members of Congress to support the States in this
decision.
The conference agreement accomplishes this. It proposes a clean bill
which does not include the amendments adopted during the floor
consideration in the House and the Senate. This provides the States of
Texas, Maine, and Vermont with the same flexibility enjoyed by nine
other compacts Congress has already approved. It maintains an even
playing field for the entire compact system. It is the right thing for
the House to do at this time.
The gentleman from Texas (Mr. Barton) and the gentleman from Texas
(Mr. Hall), the sponsors of the legislation, deserve a great deal of
credit for their strong leadership and capable effort in moving this
bill and this conference report forward. I strongly support the
conference report and encourage its adoption by the House.
Mr. Speaker, I reserve the balance of my time.
Mr. HALL of Texas. Mr. Speaker, I yield myself for 4 minutes.
Mr. Speaker, I rise in strong support of the conference report to
accompany H.R. 629, the Texas-Maine-Vermont Low-Level Radioactive Waste
Compact. This is an oft told story because we have had many speeches on
this floor. We have had many favorable votes.
This is not just an important bill to the three States involved, this
is an important bill to the entire United States and to any of those
who want a safe disposal of low-level radioactive waste that is
produced within their own borders.
As my colleagues know, this material is produced by hospitals,
universities, industries, power plants, you name it. Universities that
teach industries that create jobs, and jobs mean dignity. We know all
of that. We have talked about that before here.
This is pursuant to a plan set out by Congress followed by other
States successfully, voted on in the various States, signed by the
governors, debated by the legislators and passed. They have had public
hearings galore. I think absent this consent we seek today to this
interstate compact, it is not likely that a facility to take care of
these three States' waste or material could be built anywhere without
this compact.
This fulfills the plan that was envisioned by Congress some time ago
and requested by the States when the legislation was enacted back in
1982. It permits States to join together to select a site to design an
interstate agreement and one that works for them.
Congressional approval makes it possible for the States within a
compact to control, and that is a very important feature, to control
how much waste is accepted at the facility and for whom. The
application controls that. That relegates it to a set amount. That set
amount can only be changed by the commission set up in the law. That
commission is controlled by the State where it is deposited because
they have six votes. The other States have two votes. But it is a joint
effort by all three.
This legislation like the nine compacts Congress has previously
approved permits these three States to exclude waste from other
nonmember States. That is very important. It is important to our State,
but it is important to the total thrust of the compacts, because it
alludes to other States and gives them the same right and the same
opportunity to exclude if they enter into a compact.
It also allows the compact, if it chooses, to accept waste if so
doing is in keeping with the purposes of the thrust. For example,
taking out of region waste for a limited period of time might reduce
operating costs. But that
[[Page H6524]]
is not our decision. That is the decision to be made at the local
level, at the State level, by whoever is in control of the local level
and the State level at the time that decision is made.
The key is letting the compact make that decision and preserving the
flexibility to do so. That is what this legislation was passed for. I
think that is what H.R. 629 preserves.
I thank the committee for its attention. I thank all of these Members
for their votes of the past. I urge them to revote as they have in the
past. Get this behind us. I would say this to the gentleman who
represents the area where the site is: He has fought a valiant fight.
He got here after many of the debates had been held and decisions have
been made.
But I have the same situation here. I have a wonderful friend who has
a bad amendment, and we are going to try to turn back that amendment.
But in doing so, we do not want to turn back the support that this fine
Member has for the rest of the State, the great battle he has put up
for his district. I admire him, yet I ask Members to support this
thrust we are asking for today.
Mr. Speaker, I reserve the balance of my time.
Mr. BONILLA. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, what we are talking about here is a basic fundamental
right as Americans that we recognize for generations that has made our
country what it is today standing above and beyond any country in the
history of this planet; that is, the rights are of those of us in
communities to determine our own future and to determine our own
destiny and our own communities.
Also the right to private property and the right to have that
property held sacred to us and that the value and that the use of that
property is controlled as long as you are not hurting your neighbors
and your friends that are existing adjacent to your property to allow
that property to prosper over the years and to use it as you see fit.
Those rights have been threatened, Mr. Speaker, by this compact, but
more importantly by the State legislature at the turn of the decade
that decided, along with Governor Ann Richards, to implement this low
level nuclear dump site in the community of Sierra Blanca. The
community opposed this strongly. I have the names here, which I will
read at a later time, of 20 counties surrounding Sierra Blanca where
this site was picked by Governor Richards, former Governor Richards,
and the State legislature.
We have discussed before, as my friend, the gentleman from Texas (Mr.
Green) has pointed out, that this issue we are voting on today has no
reference at all to the site picked by the State legislature and
Governor Richards many years ago.
We are simply trying to do the right thing for the people of the
community around Sierra Blanca and surrounding counties by trying to
stop this thing at the final checkpoint before it is allowed to be
implemented.
The reasons for the opposition are very simple. There is unstable
ground. The geology of the area has been reviewed over and over and, in
fact, two administrative law judges who have looked carefully at this
situation have determined that the earth is unstable in this area.
How would you like it, whether you live in Manhattan or you live in
Cleveland or you live in San Francisco or you live in West Texas where
earthquakes have occurred, how would you like it if suddenly someone
said that right next door they are going to start putting in
containers, low level nuclear waste, that might leak out if the ground
were unstable enough that it might threaten your property and your
water supply and the future of the environment for the children that
are growing up in this particular area?
So the threat to the environment is real and has, in fact, back home
in Texas, been documented by two administrative law judges that are
recommending that now in the capital of Austin, the agency in charge of
regulating this issue take this into consideration in the strongest way
or in fact recommending that this not be accepted.
The economic impact tied to the environment is also a very big issue
that these administrative law judges have pointed out. So you can see
why these two threats to the people of this community would have a huge
impact on their ability to govern their own future and their economic
growth surrounding the Sierra Blanca area and the counties surrounding
that area as well.
So we have a chance to do here in the United States Congress what
again the State legislature at the turn of the decade and former
Governor Ann Richards choose to dump on the people of West Texas, and
we are the last hope for the folks of Sierra Blanca and surrounding
counties.
I have a list here, Mr. Speaker, in case there is any doubt of anyone
in this body as to how the folks in West Texas feel about this: El Paso
County, Presidio County, Jeff Davis County, Culberson, Val Verde, Webb,
Starr, Hidalgo, Cameron, Zapata, Reeves, Brewster, Ward, Sutton,
Kimble, Kinney, Crockett, Pecos, Maverick, Ector. We are almost getting
started on the entire list of counties in the State of Texas that have
passed resolutions, I have the dates here on which they were passed,
opposing building this dump that threatens the environment and their
local economies.
We also have resolutions passed by 13 additional cities,
municipalities in this area as well, that are opposed to this.
We also have a problem with our neighbors in Mexico whom we have a
treaty with to work together on environmental issues, the Treaty of La
Paz, that designates clearly that we have to work with folks when it
means that their environment ought to be threatened as well.
We would not want them dumping nuclear waste within a few miles of
the Rio Grande on the Mexican side. They also have expressed to us that
they have a concern about this dump being constructed.
So I ask my colleagues in this body to oppose this conference report.
It is a threat to their rights to control their own destiny, the folks
back in Texas, and their communities. It is a threat to their private
property rights, and it is something that we have an opportunity again
to fix something that the former governor and the State legislature, at
the turn of the decade, dumped on the people of West Texas.
Mr. Speaker, I reserve the balance of my time.
Mr. REYES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank my colleague, the gentleman from Texas
(Mr. Bonilla) because this is a tough issue but it is an issue that I
find easy to defend because it is the right issue for our community and
the area that we represent.
I rise in opposition to conference report on H.R. 629 because, as I
mentioned earlier, I do not believe that we should be considering a
conference report that ignores the will of the House and the Senate. I
do not believe we should be considering a conference report that has
stripped a key provision from the bill that both the House and the
Senate had adopted.
Unlike both the House and Senate passed measures, the conference
report does not include a provision that would restrict waste at the
selected site to the 3 States, the States of Texas, Maine and Vermont.
{time} 1200
As far as I am concerned, that, in itself, is reason enough not to
move this bill forward.
But if we need additional reasons to vote against this conference
report, I would like to enter into the Record an article that has
already been mentioned by my colleague from Texas (Mr. Bonilla) that
was printed in the Dallas Morning News on July 8.
As we can see in this article, two Texas hearing examiners
recommended against licensing a low-level nuclear waste dump in far
West Texas, at Sierra Blanca. The hearing examiners explained that the
State Low-Level Radioactive Waste Disposal Authority did not, and I
repeat, did not adequately determine whether a fault under the site
posed an environmental hazard or not.
The examiners further stated that the authority did not adequately
address how the proposed facility might harm the quality of life in
that area, the quality of life of a constituency that we represent.
Their protection, their interests are why we are opposed to this
conference report.
[[Page H6525]]
These findings are further evidence that the proposed radioactive
waste dump is a potential environmental hazard which has not undergone
adequate study by various State agencies.
Mr. Speaker, I ask this body if Texas State regulators do not support
the Sierra Blanca site, why should we jeopardize the health and the
well-being of people in West Texas? I do not care how many times
supporters of this bill say that a vote for H.R. 629 is not a vote for
the Sierra Blanca site. It simply is a vote for that site. They know
it, I know it, and the people of Sierra Blanca and El Paso know it.
Mr. Speaker, by now, having heard the argument, even you know it. If
H.R. 629 becomes law, it will endanger the safety and the welfare of
the community and the people who live there.
Mr. Speaker, I reserve the balance of my time.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield such time as he
may consume to the gentleman from Texas (Mr. Barton), the author of the
bill.
Mr. BARTON of Texas. Mr. Speaker, I thank the gentleman from Colorado
for yielding me this time.
Mr. Speaker, I want to try to very quickly go through what I think
are the substantive points in this debate. I want to try to address
some of the comments the gentleman from Texas (Mr. Bonilla) and the
gentleman also from Texas (Mr. Reyes) have already raised and, in
advance, some of the comments that perhaps the gentleman from Texas
(Mr. Doggett) will raise when he speaks in opposition.
With regards to the fact that the conference report is coming back as
a clean bill, if we look at the House Record of October 7, 1997, on
page 8531, there is a colloquy or a dialogue between myself and the
gentleman from Texas (Mr. Doggett) where I agreed to accept his
amendment, but I did so with the reservation that we would check with
the governor of Texas and let the representatives of Vermont and Maine
check with their governors, and if they opposed the inclusion of the
Doggett amendment, we reserved the right to strip that out in
conference. The gentleman understood that and accepted it at the time.
Well, we did check with Governor Bush in terms of Texas, we checked
with the governors of Maine and Vermont, and they decided that they did
not want to accept any amendments, because no other compact had been
amended on the floor of the House or the Senate previously when those
compacts had been agreed to. So the conferees did strip out the Doggett
amendment.
If Governor Bush and the other State governors had accepted it, we
would have accepted it and reported it back.
Let us talk about some of the environmental concerns that have been
raised. We have talked about some water table concerns. The water table
at the site is 700 feet beneath the site. The groundwater there moves
very slowly. There is no analysis that says there could be groundwater
contamination at all, period.
With respect to the earthquake, and administrative law judges did
state in their denial of the site a specific request that the
earthquake analysis had not been adequately addressed. But they also
said that that, in and of itself, was not a reason to deny the site.
I want to go through some of the earthquake site-specific issues. The
strongest earthquake that has ever been recorded in Texas history is
6.4 on the Richter scale. This site is designed to withstand an
earthquake of a magnitude of 6.0 directly beneath the site. The last
time they can calculate there was ever an earthquake in the area was
between 750,000 and 12 million years ago, Mr. Speaker, 750,000 and 12
million years ago. That is 730,000 years before the pyramids were built
in Egypt.
The earthquake seismic activity rating for the region is, one, the
same as Washington, D.C. This Capitol could not withstand an earthquake
of 6.0 on the Richter scale directly beneath it. So I think there are
some issues there. But again, even according to the administrative law
judges' recommendation, in and of itself, the seismic concerns----
Mr. BONILLA. Mr. Speaker, will the gentleman yield?
Mr. BARTON. I yield to the gentleman from Texas.
Mr. BONILLA. Mr. Speaker, I appreciate the gentleman yielding.
I just want to remind my friend about the earthquake that struck in
West Texas, I believe, if I am not mistaken it was just 2 years ago and
there was damage caused. It was not right at this location, but it was
not far away, in the Alpine area that, as the gentleman probably knows,
is just a few miles away.
Mr. BARTON of Texas. Mr. Speaker, a few miles away. My understanding
is it was over 100 miles away, and it was less than 3 on the Richter
scale. That is my understanding, but I could obviously be corrected.
Mr. BONILLA. Mr. Speaker, if the gentleman will yield further, the
earthquake did cause damage, enough to cause concern out in the West
Texas area. And, as the gentleman knows, even though it covers vast
distances that community is considered 100 miles up the road. As my
friend knows, in that part of Texas, that is, in fact, just up the
road.
Mr. BARTON of Texas. Mr. Speaker, reclaiming my time, it is just up
the road, I will admit to that, my good friend. But this site could
withstand a 6.0 magnitude effort quake directly beneath it and sustain
no damage; and, again, there was been no earthquake of this magnitude
in the region in over 750,000 years.
Let us talk about local support. My good friend (Mr. Bonilla) waved
and alluded to a great list of Texas counties that oppose this site,
and I have no doubt that that is a true list. In this county, the local
elected officials that ran for reelection in the last local election
supported the site and were reelected.
Recently, in the office of American Statesmen there was an open
letter asking that the site be approved signed by over 100 local
residents, many of them elected officials. So I think that there is
support for it in the region.
Finally, Mr. Speaker, this bill passed the House 309 to 107 back in
October. Based on the rule vote that we just had, it is hopefully going
to pass with that order of magnitude again in the next 30 or 40
minutes. We need to pass this bill; we need to let Texas, Vermont and
Maine go about their business; we need to let the State of Texas go
ahead and address the concerns that have been raised by the
administrative law judge.
In conclusion, I want to read the conclusion of the administrative
law judge's report. This is on page 7 TNRCC, docket number 96-1206-RAW.
It says, and I quote,
If the Commission approves the application, the draft
license should be modified to clarify that the facility could
accept waste containing a total of no more than 1 million
curies of radioactivity over the 20-year license term. With
this clarification, the performance assessment, including the
consideration of nonradiological impacts and accident
scenarios, is adequate.
So the administrative law judge did not approve the site, but they
did not disapprove it. They said that there are some concerns that need
to be addressed by the Licensing Commission in Texas, and if those
concerns were addressed, it should be approved.
Mr. Speaker, I yield back the balance of my time.
Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Bentsen).
(Mr. BENTSEN asked and was given permission to revise and extend his
remarks.)
Mr. BENTSEN. Mr. Speaker, I rise in support of the conference report
for H.R. 629, the Texas Low-Level Radioactive Waste Disposal Compact
Consent Act.
I believe this bill is vital to protecting Texas from increasing
amounts of out-of-State waste by entering into the compact. By
ratifying this agreement, Texas will receive added protection to stop
other States from shipping their low-level radioactive waste into the
State. Texas will maintain complete control over the disposal site.
Only Texas will decide whether or not another State may join the
compact.
Mr. Speaker, at this time I would like to enter into the Record an
article from the El Paso Times where Governor George Bush, the current
governor of the State of Texas, says that he will ask the legislature
to adopt such legislation when they meet in 1999, assuming, of course,
he is reelected governor.
[[Page H6526]]
[From the El Paso Times, June 26, 1998]
Bush Wants Nuclear Waste Limit for Dump
(By Gary Scharrer)
Brownsville.--Gov. George W. Bush will ask Texas lawmakers
to pass a law next year making it absolutely clear that only
Vermont and Maine may export nuclear waste to the Lone Star
State under a compact moving through the U.S. Congress.
``I think we ought to take this to the floor of the state
House and Senate and say, `We will limit future (compact)
commissioners to Maine and Vermont and Texas,' '' Bush said
Thursday at the start of the 16th annual Border Governor
Conference.
Bush said he agrees with the spirit of an amendment by U.S.
Rep. Lloyd Doggett, D-Austin, and U.S. Sen. Paul Wellstone,
D-Minn., that would restrict the proposed compact to low-
level nuclear waste from those three states. But the nuclear
power industry opposes the amendment, which it contends will
delay opening of the state's low level nuclear waste dump
near Sierra Blanca.
``If it passes without that amendment, I think it makes
sense for the governor to propose a bill out of the Texas
Legislature that forever limits low level radioactive waste
to Texas, Maine and Vermont,'' Bush said.
Opponents of the proposed dump site 90 miles southeast of
El Paso contend that for West Texas stands to become a
national dumping ground if the compact passes without
restrictions.
A majority of appointed compact commissioners could decide
to accept nuclear waste from other states, according to the
pact already approved by the three states.
More than 50 Mexican journalists are covering the Border
Governors Conference. The issue of low-level waste dominated
Bush's opening-day news conference.
Bush assured Mexico's news media that Texas won't open the
dump ``unless it's safe.''
The Texas Natural Resource Conservation Commission is
expected to act later this year on a license application
necessary for opening and operating the dump.
Some elected officials in Mexico contend the planned dump
will violate the La Paz Agreement negotiated by the two
nations in 1983 to prevent and eliminate pollution sources
within 52 miles of the international border. The Sierra site
is about 16 miles from the Rio Grande.
Bush said he's already received a legal opinion indicating
the proposed dump does not violate the La Paz Agreement.
Those who disagree need to appeal to federal officials, he
said.
``This is a federal treaty. I would strongly urge Mexican
officials take it up with federal officials in Washington,
DC, to determine whether or not the treaty negotiated between
federal governments pertains,'' he said.
Governors from Texas, New Mexico, Arizona and California
and most governors from the six Mexican border states are at
the two-day conference.
Water and border crossings probably will get the most
attention, Bush predicted.
Texas and bordering Mexican states face the second drought
in three years. A plan used two years ago to conserve and
share water is likely to be used again this summer, Bush
said.
Both he and Republican Arizona Gov. Jane Dee Hull said a
proposed larger border-crossing card won't work because
Mexican citizens can't afford it.
``The idea of the card is fine,'' she said. ``I like the
high-tech idea, but it is far too expensive for the Mexican
family to afford. And I don't believe we will be able to
implement it this quickly, . . . I have suggested that they
delay implementation.''
A laser card would cost $45 and would be good for 10 years,
but doesn't include photo, passport and visa costs.
``It's very important,'' Bush said, ``for the U.S. federal
government and the State Department to understand how
important daily traffic is between our sister cities along
the border, and we ought to make it easy for people to
receive a modern card.
``The idea of modernizing border-crossing cards is a good
idea. But to make it very expensive and difficult to obtain
is not a good idea.''
Mr. BENTSEN. Mr. Speaker, just to make it clear, both Governor Bush,
a Republican, and former governor Ann Richards, a Democrat, have
supported this, as well as the Texas State legislature, which is a
split legislature between Republican and Democrat. By entering into the
compact, Texas can keep other out-of-State compact waste from entering
into our State. Currently, 41 other States have entered into these
types of compacts to prevent further importation of out-of-State waste.
Now, with respect to the issue of the site, as was raised by my
colleague from North Texas, the question of the administrative law
judge as to the suitability of the site is again an issue for the State
to decide. What we are talking about here is the issue of the compact
with Maine and Vermont, and that is what we ought to concern ourselves
with.
It is very important to the State of Texas as it relates to the low-
level radioactive waste that we produce in my district at the Texas
Medical Center all across the State of Texas. This is an issue that the
State will decide. The bill establishes a structure for the State to
decide, and it limits the amount of out-of-State waste that can come
in.
So I would urge my colleagues to do as they have done in the past and
support the conference report.
Mr. BONILLA. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished
gentleman from San Antonio, South Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Speaker, I thank the gentleman for yielding me
this time.
I rise in opposition to H.R. 629, which is the Texas-Maine-Vermont
low-level radiation waste dump bill. This bill, as originally written,
would allow waste dump operators to dispose of waste in Texas from
States other than Texas, Vermont and Maine. That is simply
unacceptable.
I served in the Texas legislature; and, in fact, of the Members that
are here, I am one of the few that voted for the bill in 1993 when the
low-level waste radioactive compact was approved. At that time,
supporters of the bill insisted that the only waste generated of the
three-member States would be disposed of at that site. It was on that
understanding to the legislators that it was approved that only those
three States would be able to dump in Texas.
The House and the Senate have both passed amendments by my colleague
from Texas and the Senator from Minnesota to require that only that
waste generated in those three States be dumped there.
Now, this is the first time, and I find it very unconscionable, that
an amendment that is both put in on the House side and on the Senate
side would now all of a sudden be stripped from both sides. Now, if my
colleague from Texas indicated earlier that only waste from those three
sites would be acceptable, then why not accept that amendment? Because
we know otherwise, that basically they want to be able to dump from
throughout the States; the other 49 States will be able to dump in
Texas.
Furthermore, I urge inclusion of the environmental justice amendment
that was put on the Senate. This allows a party to bring suit in the
case of discriminatory waste dumping. This particular locality has a
major concentration of Mexican-Americans. I believe this is a safeguard
for residents of the Sierra Blanca, and it is necessary in light of the
predominantly minority population in that region where the facility is
located.
Supporters insist that the site is not finalized, but, in all
honesty, they have already picked their site, and the judges have ruled
against the site and they have ruled.
I would disagree with my friend from Texas, there has been an
earthquake there. I was in the Texas legislature prior to 1993 when we
allocated some resources because of some structural damage on some
State facilities in the region. So we need to honestly look at this
issue and take it into consideration.
Mr. REYES. Mr. Speaker, could I ask as to the availability of time
that we all have?
The SPEAKER pro tempore. The gentleman from Colorado (Mr. Dan
Schaefer) has 10\1/2\ minutes remaining; the gentleman from Texas (Mr.
Hall) has 14 minutes remaining; the gentleman from Texas (Mr. Bonilla)
has 2\1/2\ minutes remaining; and the gentleman from Texas (Mr. Reyes)
has 7\1/2\ minutes remaining.
Mr. REYES. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Texas; excuse me, the gentleman from California (Mr. Becerra). He wants
to be from Texas.
Mr. BECERRA. Mr. Speaker, I thank the gentleman for yielding, but if
this bill goes through, I definitely would not want to be from Texas.
I know my colleagues have heard quite a bit on this. I think it is
unfortunate that, once again, we are seeing communities that are poor,
oftentimes unrepresented well in the Congress because they may not be
sophisticated politically; they may not have a lot of money to give to
campaigns, or for whatever the reasons, now again being dumped upon.
If I may, rather than speak words that I believe will be spoken by
others of my colleagues here, let me read a letter that was just
yesterday issued by
[[Page H6527]]
the largest Hispanic national organization in the country, the League
of United Latin American Citizens.
{time} 1215
LULAC goes on to say,
The selection of a poor Mexican-American community (which
is already the site of one of the largest sewage sludge
projects in the country) brings to mind serious
considerations of environmental justice . . . The decision
Congress now faces on this matter cannot be made in a vacuum,
ignoring serious environmental justice questions that have
been raised about the site selection process. These unjust
procedures are an apparent contradiction of the 1994
Executive Order that firmly upheld environmental justice.
LULAC would caution Congress not to be complicit in what
has become, whether intentional or not, a repulsive trend in
this country of setting the most hazardous and undesirable
facilities in poor, politically powerless communities with
high percentages of poor people of color. Only a vote against
the Texas, Maine, and Vermont Radioactive Waste Compact
conference committee report will ensure that this trend is
not extended into Hudspeth County, Texas.
I would urge all Members to heed what one of the largest and oldest
national organizations, representing a very large section of this
country, is saying, not because of what it says, but because of what
this bill will do to the people that live in those areas.
We are looking at affecting the lives of more than 5 million people
that live in that area of Texas, and I would hope that my colleagues
would look a little closer before moving forward on a compact that
would jeopardize the safety not just of people, but mostly of children.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Sam Johnson).
(Mr. SAM JOHNSON of Texas asked and was given permission to revise
and extend his remarks.)
Mr. SAM JOHNSON of Texas. Mr. Speaker, I listened to my colleagues
harangue here about some of the things that are going on. They were in
the legislature and voted on that in Texas, and so did I. I was there
at the time.
I hear people bad-mouth Ann Richards, our Governor at the time. She
was of the other party, but I want to tell the Members, I thought Ann
Richards handled the waste company issue well, and she and George Bush
support this compact. To say that it is not the right thing to do is
crazy. I do not know where these Members are coming from. If they voted
for it, they ought to be for it. It is a State matter, not a Federal
matter.
For the gentleman to sit there and say that we have to determine our
own destiny, and then turn around and say it is up to the Federal
Government to put our destiny at risk, it is not, it is up to the
States. The States made a compact. Three States made a compact,
Vermont, Maine and Texas.
To not approve that compact, which is in a conference report now, and
it has been passed through both Houses, it is time for Congress to pass
this compact so that those three States can get on down the road, and
so that, in spite of what my colleagues are saying, Texas, Maine, and
Vermont can store their low-level radioactive material. Because if we
do not do it, Texas can be forced to take waste from other States in
the Union, I am told. I think that is correct.
Also, to sit there and talk about Mexico, when they are one of the
worst violators of the environment I have ever seen, that they are
going to oppose us putting clean, well-packaged waste into the ground,
is crazy. And then for somebody to bring up the idea that we are
attacking a low-wage earning community is also ridiculous. I cannot
believe it. That area was picked because of the soil, because of the
ground around it, because it is a safe storage place.
The way we package these low-level radioactive items today, it is not
dangerous. Members ought to go out to Nevada where they tested nuclear
weapons. That is real hazard. I happened to be out there when they were
testing them, and flew through some of those things as part of a test.
I am not dead.
I think that anything that Members try to say about this compact as
far as earthquakes, floods, water contamination, et cetera, is just
crazy. It is time we voted for this report, the way it should be. It is
up to the Congress to confirm what the States have asked. I urge
consideration and passage.
Mr. HALL of Texas. Mr. Speaker, I yield 3\1/2\ minutes to the
gentleman from Vermont (Mr. Sanders), who represents one of the States.
Mr. SANDERS. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, I rise in strong support of the conference report. Let
me say a few words on process, and then a few words on substance.
In terms of process, what is important for everyone to understand is
that this compact bill has been passed overwhelmingly by the
legislatures of Texas, Maine, and Vermont, and the legislation is
strongly endorsed by the Governors of Texas, Maine, and Vermont.
In fact, in Vermont the legislature approved this legislation by
voice vote in the State Senate and by a 3 to 1 margin in the House. In
Texas, the Texas State Senate approved this legislation 26 to 2, while
the Texas House approved it by voice vote. In Maine, both the House and
Senate approved the bill by wide margins. Under a statewide referendum
held in Maine, the legislation passed by better than a 2 to 1 margin.
This bill, Mr. Speaker, is supported by both Senators from Texas,
both Senators from Maine, both Senators from Vermont. It is supported
by the entire Maine delegation in the House, all two Members; the
entire Vermont delegation, me; and as I understand it, two-thirds of
the Texas House. So there is opposition from some Members of the Texas
House here, but two-thirds support this legislation.
Mr. Speaker, this compact is not a new idea. Since 1985, nine
interstate low-level radioactive waste compacts have been approved by
Congress, encompassing 41 States. I think all we are saying, if this
approach is valid for 41 States in nine compacts, it certainly should
be valid for Texas, Maine, and Vermont. That is the process.
Let me say a few words on substance. Here, my views may be a little
different than some of the people who are supporting this compact. I am
an opponent of nuclear power. I think the nuclear power industry did us
a disservice many, many years ago when they said, let us build the
plants, except they forgot to tell us how we were going to get rid of
the waste; a slight little problem.
Now, all over this country, serious people, environmentalists, are
worried, how do you get rid of low-level radioactive waste, which we
are dealing with here? How do you get rid of high-level waste? That is
a very serious problem.
If I had my druthers, I would close down every nuclear power plant in
America as quickly as we safely can. But the issue today is something
different. The reality is, we have nuclear power plants. We have
universities and hospitals that are using nuclear power. The
environmental question today, therefore, is how do we get rid of that
low-level waste in the safest possible way? In my view, that is what
this legislation is about. I think the evidence is pretty clear that
Texas is in fact the best location to get rid of this waste.
The last point that I would make is there is nowhere in this
legislation that talks about a specific site. Nowhere will we find
that. We are not voting on a site. That decision is left to the
authorities and the people of the State of Texas.
Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from Maine (Mr. Allen), another of the Member compacts.
Mr. ALLEN. Mr. Speaker, I thank the gentleman for yielding me the
time.
I rise in strong support of the conference report to H.R. 629, and
urge all Members to support this agreement. I have spoken on this issue
now many times in the past. The issue is still the same. This is simply
the opportunity for Texas, Maine, and Vermont to do what 41 other
States have already done, enter into a compact for the disposal of
their low-level radioactive waste.
Last November the House overwhelmingly approved this compact by a
vote of 309 to 107. The Low-Level Radioactive Waste Act places the
responsibility for the disposal of low-level radioactive waste on the
States. In order to dispose of waste safely and properly, States are
allowed to enter into compacts.
[[Page H6528]]
Under the Act, the States of Maine, Vermont, and Texas have crafted a
compact to meet their needs. Maine's voters approved the compact by a 3
to 1 margin at referendum, so it has not only been approved by the
Governor and by the State legislature, but also by the people voting at
referendum. Over the past years, several years, Congress has approved
nine such compacts covering 41 States, and the time has come to add to
that list.
We have heard Members stand up and argue that amendments were
stripped in conference, and therefore the bill should be voted down.
But not one of the other nine compacts, not one of them, had amendments
to their agreements. Not one of them, in not one of those cases did the
Congress try to impose on the parties that were agreeing additional
requirements.
In particular, the amendment that has been proposed, we will not find
that as part of any of the other compacts. This compact is like the
others. It does not need a different amendment, and it should not have
it.
I would say this, as well. We are opposed to this amendment because
we have checked with the Governors of all three States. They are
opposed to the amendments. There is no question that if this agreement,
if this compact is amended here, it has to go back to the States and we
start this process all over again. That spells delay.
Frankly, we have had enough delay in this process. We need to move
ahead today. We need to vote to approve this compact. We do not need
delay and added cost due to likely litigation. The compact was the
result of years of negotiation and good faith by the three member
States. They do not deserve additional costs and delays due to unwanted
amendments.
Mr. Speaker, we must move this issue forward and allow Texas, Maine,
and Vermont the opportunity to dispose of their low-level radioactive
waste. I urge all Members to support this legislation.
Mr. HALL of Texas. Mr. Speaker I yield 2 minutes to the gentlewoman
from Dallas, Texas, (Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, we are at a
crossroads. All of us support cancer treatment and X-rays. For the most
part, much of that is done in our large university hospitals and
medical centers and urban areas. We need to put the waste somewhere. It
cannot be outside every doctor's office door or every hospital door. We
must pick places that are sparsely populated.
There is no good answer, except we are not willing to sacrifice many
of the scientific findings that we are using now to save people's
lives. It is much more hazardous to have it scattered out all over very
heavily populated areas.
If I thought for a moment that this would endanger the lives of the
people that live somewhere in the area, in a very sparsely populated
area, I would not be standing here. It is never comfortable to stand
and speak against people that you stand with most of the time. But they
are not going to be happy. If I represented the area, I would be
standing in the same place they are standing, but I am representing a
whole lot more people who are not willing to sacrifice what creates
this waste.
None of us are willing to sacrifice cancer treatment, none of us are
willing to sacrifice x-rays for diagnostic treatment. We are simply not
going to do that. We must make hard choices, but we must find the best
places that we can to deposit this waste. This is one of the best
places we can come up with. It is sparsely populated, out in the middle
of nowhere. Texas has more space than most States. But we are going to
limit it to these two States.
The best environmental Governor that Texas has ever elected is Ann
Richards. She stands for this legislation. As a matter of fact, she was
very progressive in looking out for the environment in Texas.
{time} 1230
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield 2 minutes to the
gentleman from Maine (Mr. Baldacci).
Mr. BALDACCI. Mr. Speaker, I thank the gentleman from Colorado (Mr.
Dan Schaefer) for yielding me this time.
Mr. Speaker, this legislation has been before this body numerous
times in the past. This legislation represents years of negotiation
between the States of Maine, Vermont, and Texas. It is in each of those
States' interest. The people in those States have voted for it. The
Governors of those States support this. This Congress has approved
compacts for 41 other States. This is no different.
I appreciate the concerns that have been raised, but those concerns
will be addressed in the process. Each one of our Members knows that
there will be an environmental impact statement. Just by voting for
this approval for the process to move forward does not mean that the
environment and the people and the public hearings that are to ensue
will not occur. They will occur. So the public will be involved. The
process will have the environmental safeguards, and the right siting
will take place in regards to the public and the environment. To
suggest otherwise is not to be accurate to the facts that take place.
Mr. Speaker, it is in our State's interest, it is in Vermont's State
interest and it is in Texas' State interest. By law, Texas has to have
a facility for the waste that it is producing. The States of Maine and
Vermont are providing the resources with a low impact amount of waste
in order to establish the compact, so that each one of our States will
not be open to a site or trash or other things coming in from all over
the country. That is why we were told and given legislation on a
national level to form these compacts.
We are following through on the legislation that was initially passed
in 1985. We are complying with the Federal legislation in the best
interest of the people of our States. We ask for Congress to reaffirm
its support that it had overwhelmingly supported in the past and to
maintain that support and also to assure the citizens of the public
hearings, the environmental impacts, and the process that will be
taking place after this vote has been completed.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I reserve the balance of
my time.
Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Green), the chairman of the Texas Democratic
delegation, who would inform the Chair that the Texas group is meeting;
and I suggest that he take the gentleman from Texas (Mr. Reyes), the
gentleman from Texas (Mr. Rodriguez), and the gentleman from Texas (Mr.
Doggett) with him.
(Mr. GREEN asked and was given permission to revise and extend his
remarks.)
Mr. GREEN. Mr. Speaker, I thank the gentleman from Texas (Mr. Hall)
for yielding me this time, and I will be glad to take my three
colleagues to lunch today for our weekly luncheon.
Mr. BARTON of Texas. Mr. Speaker, if the gentleman would yield, does
that include Republicans?
Mr. GREEN. Mr. Speaker, the gentleman may come as our guest.
Mr. BARTON of Texas. There is no such thing as a free lunch.
Mr. GREEN. Mr. Speaker, I rise in support of the conference committee
regard.
Mr. Speaker, I have a prepared statement, and talking about the
history of it, we have heard that already. Again, if we do not have a
compact, then a State site in Texas will be subject to waste from all
over the country.
The policy was developed in the State of Texas. I would not have
picked Sierra Blanca if I had a vote, but I did not have a vote when I
was in the legislature or a vote now as a Member of the House. That is
going to be decided by the people in the legislature who confirm the
people who make that decision and the governor appoints them.
Let me talk about some of the debate that we have had. One, the
interstate commerce clause requires that Texas would take low-level
waste from everyone if we do not have a compact. My colleague from
California is opposed to it because of the Sierra Blanca location and
the poor community. I represent a very poor community in Houston,
Texas, and we have some of the same problems.
A statement, the letter from LULAC opposing the site, I am a member
of LULAC and work with my local councils in Houston on a lot of issues
and I share their concern. But, this is not the venue for their
opposition. Granted, if they defeat it here, they could still create a
compact and we could have it for
[[Page H6529]]
Texas, but it would be for all the country.
Mr. Speaker, I notice that the State of California does have a
compact and I do not know where their site is. But I was wondering if
it was in a site that was also a rural area that was sparsely
populated, compared to an urban area. That is why this is something
that has been done by this Congress many times before, allowing States
to join together to dispose of these low-level nuclear wastes.
I have a district in an urban area and we have this material all over
our district right now and we would like to have a permanent place for
it.
Mr. Speaker, I rise in support of the Conference Report on H.R. 629,
the Texas Compact Consent Act. This bill grants Congressional approval
to the proposed Texas, Maine, and Vermont compact for low-level
radioactive waste disposal and deserves the quick support of the House.
As my colleagues know, the national policy for managing low-level
radioactive waste is spelled out in the Low-Level Radioactive Waste
Policy Amendments Act of 1985. This policy was developed by the states
and passed by Congress, with overwhelming bipartisan support.
The objective of the policy is to provide for the safe, permanent
disposal of the nation's low-level waste.
Under the terms of the Texas-Maine-Vermont compact, low-level
radioactive waste produced in each state will be carefully disposed at
a single facility in the State of Texas. The waste will be transported
from the hospitals, university research centers, utilities or other
waste producers in each state to a safe, permanent disposal and storage
facility which will be built in Texas.
It is very important to understand that H.R. 629 does not designate a
site for the Texas disposal facility. In the Low-Level Radioactive
Waste Policy Amendments Act of 1985, Congress clearly reserved for the
states the authority to decide where low-level radioactive waste
facilities would be built within their borders. Even though H.R. 629
does not designate a specific site for the Texas facility, federal and
state law requires that any low-level radioactive waste facility built
by a state must be engineered to withstand any potential natural
disasters that might occur at the chosen site.
Much has been said about the proposed site for the waste disposal
facility. In fact, a permit to build a waste disposal facility in West
Texas has been requested from the Texas Natural Resources Conservation
Commission. If the Commission finds that the permit meets all the
necessary requirements, it will grant the permit. If the Congress does
not approve this bill, under the Interstate Commerce Clause, Texas must
accept low-level radioactive waste from other states. H.R. 629 will
allow Texas to limit who sends waste to the facility and be in
compliance with the Low-Level Radioactive Waste Policy Act.
With this compact in place, Texas will be able to limit access to its
facility to only those states that are signatories to the compact--
Maine and Vermont. The compact makes it possible to manage Texas'
facility in an orderly, effective manner. Without the compact, the
State of Texas would have no effective control over access.
The Texas, Maine, and Vermont compact is an excellent arrangement for
the three states. It received overwhelming bipartisan support in the
state legislatures of the three states. At a time when state budgets
are constrained, the ratification of this compact will result in shared
cost for the construction and subsequent operation of the low-level
waste disposal facility.
Since 1985, the Congress has approved nine compacts which now include
41 states. It is vitally important that we move forward with the
approval of the Texas-Vermont-Maine compact. I urge my colleagues to
support this very important bill.
Mr. REYES. Mr. Speaker I reserve the balance of my time.
Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from Texas (Mr. Turner).
(Mr. TURNER asked and was given permission to revise and extend his
remarks.)
Mr. TURNER. Mr. Speaker, it is not every day that we see the Texas
delegation on the floor of this House divided. Normally, we are a group
who hangs together. It is true, however, that six of our members, out
of 31, have opposed this compact, I think primarily because it is a
local issue with them, and I understand that. I fought a low-level
nuclear waste disposal facility in my legislative district when I was a
member of that body in 1981, and I understand where they are coming
from.
But I think it is important for the other Members of this body to
understand that, though six Texans out of 31 oppose this compact, that
this compact really is not about the selection of the site. In fact,
under this compact, the State of Texas and the Low-Level Nuclear Waste
Disposal Authority could select any site. It just so happens that the
Sierra Blanca site is the site now under consideration. But that is a
matter that will remain under the control of the Low-Level Nuclear
Waste Disposal Authority in Texas.
Mr. Speaker, I want to share a little bit of history. The State of
Texas created a Low-Level Nuclear Waste Disposal Authority in our State
in 1981 when I was a freshman member of the Texas House. We did it
because we were having an increasing problem at our medical facilities
and with our utilities and finding out where we could permanently
dispose of low-level waste. What we decided to do was create a State
commission to select a permanent site. It was the right thing to do. It
was approved unanimously by the legislature.
Later, the Congress came along and created a statute that said that
States could form compacts, compacts for the purpose of uniting States
together that would store their waste in one site facility, a means
whereby a State like Texas can prevent out-of-State waste from coming
into Texas.
This Congress passed that bill, and 41 States have already taken
advantage of it, and nine compacts have been ratified by this Congress.
Texas, Vermont, and Maine come today asking that they be the tenth
compact to be approved. The Texas legislature overwhelmingly approved
this compact.
Mr. Speaker, I urge the Members of this body to join with the
majority of the members of the Texas delegation and allow Texas,
Vermont, and Maine to be the tenth compact to be approved by this
Congress. This is an issue that will not go away. The low-level nuclear
waste that is building up in temporary stockpiles in Texas will not go
away. We need this compact, and we urge our colleagues to support us in
this effort.
Mr. REYES. Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, with all deference to the gentleman from east Texas, he
made the statement that this is an issue that will not go away. He is
absolutely right. The issue will not go away. But with the decision
that we are making here today, we expect that a whole community can
potentially go away.
We have been called crazy because we are in opposition to this. I
think it would be irresponsible not to oppose a proposal that could
affect a whole area, a whole region. It could affect up to 5 million
people that utilize the Rio Grande River as a primary water source. It
could affect the underground water tables. It could conceivably affect
a whole region of our border area.
We have been told that to send it back would be to delay it. Well, I
would ask my colleagues, with all due respect, what do they expect us
to do when we have got the consequences facing us that could
potentially affect future generations of west Texans in a way that we
at this point cannot even imagine?
I ask my colleagues who are talking about what a good deal it is, how
it can be very safe, how it has been well thought out, how it will be
well packaged, if it is so good, why do they not take it? Why do they
not put it in their district? Why do they not put it in a place where
the people want it?
Mr. Speaker, the people of Sierra Blanca, the people of El Paso, the
people along the border in our region simply do not want it. We have
been told that Governor Richards and Governor Bush want it. Let them
hear loud and clear that in this area, we do not want it. We do not
need it. And we should not have it.
Mr. Speaker, I rise in opposition to the conference report on H.R.
629. As I mentioned earlier, I do not believe we should be considering
a conference report that ignores the will of the House and Senate. I do
not believe we should be considering a conference report that has
stripped a key provision from the bill that both the House and Senate
had adopted. Unlike both the House and Senate passed measures, the
conference report does not include a provision that would restrict
waste at the selected site of the states of Texas, Maine and Vermont.
As far as I am concerned, that's reason enough not to move this bill
forward.
But, if you need another reason to vote against this conference
report, I'd like to enter into the record an article printed in The
Dallas Morning News on July 8.
As you can see, two Texas hearing examiners recommended against
licensing a low-level
[[Page H6530]]
nuclear waste dump in the far West Texas community of Sierra Blanca.
The hearing examiners explained that the ``State Low-Level Radioactive
Waste Disposal Authority did not adequately determine whether a fault
under the site posed an environmental hazard.''
The examiners further stated that the Authority did not adequately
address how the proposed facility might harm the quality of life in the
area.
These findings are further evidence that the proposed radioactive
waste dump is a potential environmental hazard which has not undergone
adequate study by various state agencies. If Texas state regulators
don't support the Sierra Blanca site, why should you?
I don't care how many times supporters of this bill say that a vote
for H.R. 629 is not a vote for the Sierra Blanca site--it is. They know
it, I know it, the people of Sierra Blanca know it and you know it. If
H.R. 629 becomes law, it will endanger the safety and welfare of the
community and the people who live there.
If you need still another reason to oppose this conference report, I
want to enter into the record a copy of the resolution that unanimously
passed the Mexican Congress. This resolution was passed on April 30 of
this year.
Let me read some of it to you. ``The Mexican Congress declares that
the proposed project of Sierra Blanca, Texas, like other proposed
disposal facilities on the Mexican border, puts at risk the health of
the population in the border zone and constitutes an aggression to our
national dignity.''
``The position that the Mexican government assumes with relation to
the proposed disposal facility of Sierra Blanca will constitute a clear
precedent that can be invoked relating to disposal facilities that are
planned in the future within 100 kilometers along the common border.''
``This represents high potential risk of contamination for the Rio
Bravo and the underground aquifers, which could cause a negative impact
for the health of the population, the environment, and the natural
resources on both sides of the border.''
``The construction of the disposal facility in dispute would violate
the spirit of . . . international law and would implicate the
noncompliance of the commitments assumed by the United States after the
signature of the 1983 Agreement on Cooperation for the Protection and
Improvement of the Environment in the Border Area--better known as the
La Paz Agreement--particularly Article 2 of the Agreement, which
states: `The Parties undertake to the fullest extent practical to adopt
the appropriate measures to prevent, reduce, and eliminate sources of
pollution in their respective territory which affect the border area of
the other.'''
The Agreement also ``commits the Parties to cooperate in reciprocity,
and mutual benefit. In complying with these dispositions, the United
States Government must take measures in this case with the appropriate
authorities, in order that the Sierra Blanca project not be
authorized.''
The Resolution further states, ``due to the adverse effects that this
project could have on the health of [the Mexican] population and the
natural resources, we present the following Pronouncement:
``We reiterate our complete rejection of the project which is the
construction and operation of the nuclear waste disposal facility that
the Government of Texas plans to build in Sierra Blanca, Texas, and
express our disagreement, concern, and unconformity with the policy
adopted and followed up to now by the Government of the United States,
that favors the construction of disposal facilities on the southern
border with Mexico, without taking into account the potential negative
impacts that this policy can have regarding human health and the
environment in the communities located on both sides of the border.''
The Mexican Congress asks the ``House of Representatives of the
United States to vote against the Compact Law that authorizes the
disposal of wastes between the states of Texas, Maine, and Vermont in
virtue that its approval signifies a relevant approval for the
construction and management of the disposal facility of radioactive
wastes in Sierra Blanca, Texas and represents a violation of the spirit
of the La Paz Agreement.''
Mr. Speaker, I urge all of my colleagues to listen to the Mexican
Congress and to the people of far West Texas. Vote against this
conference report because it's the right thing to do.
Mr. Speaker, I include the following material for the Record:
[From the Dallas Morning News]
Examiners Recommend no License for Proposed Nuclear-Waste Dump--State
Agency Hasn't Fully Explored Possible Hazards of W. Texas Facility,
They Say
(By George Kuempel)
Austin.--In a victory for environmental groups, two state
hearing examiners Tuesday recommended against licensing a
low-level nuclear-waste dump in far West Texas.
The recommendation was a setback for Gov. George W. Bush,
who has tentatively backed the proposed dump, near Sierra
Blanca just 18 miles from the Rio Grande.
The hearing examiners found that the State Low-Level
Radioactive Waste Disposal Authority, which wants to build
the facility, did not adequately determine whether a fault
under the proposed site posed an environmental hazard.
Kerry Sullivan and Mike Rogan of the State Office of
Administrative Hearings also said the agency failed to
adequately address how the proposed facility might harm the
quality of life in the area.
The examiners' report was forwarded to the three-member
Texas Natural Resource Conservation Commission.
The commission staff already has recommended that a license
be issued, but the final decision rests with the
commissioners, all of whom were appointed by Mr. Bush.
Their decision is not expected soon.
Congress is considering a proposed pact favored by Mr. Bush
that would allow for low-level nuclear waste from Texas,
Vermont and Maine to be buried at the site.
Mr. Bush said in a written statement that he was
``troubled'' by the examiners' findings.
``I have said all along that if the site is not proven
safe, I will not support it,'' he said. ``I urge the Texas
Natural Resource Conservation Commission to thoroughly review
this recommendation and the facts and to make their decision
based on sound science and the health and safety of Texans.''
Democrat Garry Mauro, who is running against Mr. Bush in
this year's governor's race, praised the examiners' ruling.
``I hope Governor Bush calls on his three [TNRCC]
appointees to immediately reject this permit,'' he said.
Mr. Mauro said that he is pleased the administrative judges
also raised the ``specter of environmental racism'' but that
he is sorry they didn't address Mexico's concerns about a
possible treaty violation.
Critics have said Sierra Blanca was chosen because of its
largely poor Hispanic population, an allegation that
supporters have disputed.
Mexican lawmakers visited Austin last month to protest the
dump, saying it would violate an agreement between the
nations to curb pollution along the border.
Mr. Sullivan and Mr. Rogan spent three months hearing from
both sides on the issue.
Dump opponents said they were pleased with the findings.
``Politically and legally, it's a victory,'' said Bill
Addington, a merchant in Sierra Blanca, a town of 700 in
Hudspeth County, about 90 miles southeast of El Paso. ``The
authority has not done its job, even with all the money and
resources they have at their disposal.''
But Mr. Addington also was cautious because the final
decision on the dump license rests with the TNRCC, which is
not bound by the hearings officers' recommendation.
The dump, which would be built on a sprawling ranch just
outside the rural town, is intended to hold radoactive waste
primarily from the state's utilities hospitals and
universities.
It spawned opposition from critics in West Texas and
Mexico, who fear that it would contaminate precious
groundwater reserves.
____
Unofficial Translation of Pronouncements passed by the
Mexican National Chamber of Deputies (Camara de Diputados)
and Senate in opposition to the proposed nuclear waste
disposal facility in Sierra Blanca, Texas. Translation by
Richard Boren
The Pronouncement was approved unanimously by the Chamber
of Deputies on April 27, 1998 and by the Senate on April 30,
1998. The Senate and Chamber of Deputies Pronouncements are
nearly identical. Following is the translation of the Senate
Pronouncement.
Pronouncement of the United Commissions of Environment and Natural
Resources, Border Affairs, and Foreign Relations of the Senate of the
Republic Regarding the Nuclear Waste Disposal Facility That is Planned
in Sierra Blanca, Texas
Honorable Assembly: The United Commissions of Environment
and Natural Resources, Border Affairs, and Foreign Relations
of the Senate was given for their study and analysis the
point of agreement passed by the Plenary of the Permanent
Commission of the Honorable Congress of the Union on February
11, 1998, that is transcribed as follows:
First--That the Mexican Congress, through the Permanent
Commission, declares that the proposed project of Sierra
Blanca, Texas, like other proposed disposal facilities on the
Mexican border, puts at risk the health of the population in
the border zone and constitutes an aggression to the national
dignity;
Second--That the United Commissions of Ecology and
Environment, Border Affairs, and Foreign Relations of the
House of Deputies and the Senate, meet with the
Intersectarial Group made up of the Department of Foreign
Relations, Department of Energy, Environment, Natural
Resources and Fishing, and the National Commission of Nuclear
Safety and Safeguarding, in order to analyze in depth the
consequences for Mexico of the installation of the
radioactive waste disposal facility in Sierra Blanca and of
the disposal facilities of toxic and radioactive wastes in
the border zone of the country with the United States of
America, with the purpose of carrying out the pronouncements
and necessary measures to impede their installation.
[[Page H6531]]
In order to proceed and comply with the mandate granted by
the Plenary of the Permanent Commission of the Honorable
Congress of the Union, the members of the United Commissions
of Environment and Natural Resources, Border Affairs, and
Foreign Relations of the Chamber of Senators, have analyzed
existing documentation and studies about the radioactive
waste disposal facility that is planned in Sierra Blanca,
Texas, meeting on various occasions to design a political
action strategy. Likewise a work session was held with the
intersectarial group, with the purpose of integrating the
present Pronouncement.
Considering That: (a) the communities on both sides of the
border, diverse non-governmental organizations, political
organizations, and public officials from Mexico and the
United States of America have manifested their total
opposition to the construction of the nuclear waste
disposal facility that the government of the State of
Texas plans to install in the community of Sierra Blanca,
Texas, at a distance of approximately 30 kilometers from
the Mexican border;
(b) the administrative authorities of the State of Texas
convened public hearings with the purpose of hearing the
opinions of interested sectors regarding the possible
construction of the disposal facility in Sierra Blanca;
(c) the position that the Mexican government assumes with
relation to the proposed disposal facility of Sierra Blanca
will constitute a clear precedent that can be invoked
relating to disposal facilities that are planned in the
future within 100 kilometers along the common border;
(d) the intersectarial group--created in 1995 by the
Federal Executive Power with the purpose of defining the
policy of the Mexican government regarding disposal
facilities in the border zone and to continue to review the
projects that are planned in the states of the southern
United States--wrote a preliminary study regarding the
disposal facility being questioned;
(e) the United Commissions have received diverse studies
that demonstrate the existence of risks in the zone, not only
the seismic activity of the terrain, but also due to the
meteorological and hydro-geological registers observed in the
chosen site. This represents a high potential risk of
contamination for the Rio Bravo and the underground aquifers,
which could cause a negative impact for the health of the
population, the environment, and the natural resources on
both sides of the border;
(f) other adequate sites exist in the United States for the
installation of radioactive waste disposal facilities,
located outside of the border zone of 100 kilometers which
shows that the chosen site in Sierra Blanca doesn't represent
the only option for the proposed project;
(g) the radioactive wastes that are planned for disposal in
Sierra Blanca, next to the Mexican border, don't only include
wastes generated in the State of Texas, but also it is
foreseen to deposit wastes from the states of Vermont and
Maine, located on the border between United States and
Canada;
(h) the construction of the disposal facility in dispute
would violate the spirit of diverse precepts of international
law and would implicate the noncompliance of the commitments
assumed by the United States after the signature of the
Agreement on Cooperation for the Protection and Improvement
of the Environment in the Border Area (La Paz Agreement),
particularly Article 2 of the Agreement approved in 1983,
which states: ``The Parties undertake to the fullest extent
practical to adopt the appropriate measures to prevent,
reduce, and eliminate sources of pollution in their
respective territory which affect the border area of the
other.'' In like manner, the Agreement commits the Parties to
cooperate in the field of environmental protection in the
border zone, on the basis of equality, reciprocity, and
mutual benefit. In complying with these dispositions, the
United States Government must take measures in this case with
the appropriate authorities, in order that the project not be
authorized.
On the basis of what has already been stated and being
founded in articles 58 and 59 of the Rules for the Interior
Government of the General Congress of the United Mexican
States, just as for dealing with a matter that merits an
urgent resolution of the Honorable Senate of the Republic,
due to the adverse effects that this project could have on
the health of our population and the natural resources, we
present the following Pronouncement.
Pronouncement
First--the Senate of the Republic reiterates its complete
rejection of the project which is the construction and
operation of the nuclear waste disposal facility that the
Government of Texas plans to build in Sierra Blanca, Texas,
and expresses its disagreement, concern, and inconformity
with the policy adopted and followed up to now by the
government of the United States, that favors the construction
of disposal facilities on the southern border with Mexico,
without taking into account the potential negative impacts
that this policy can have regarding human health and the
environment in the communities located on both sides of the
border.
Second--The Senate of the Republic has carried out an
evaluation of the available information about this disposal
project, whose result demonstrates that its operation will
bring with it potential adverse impacts. Based on this, being
aware that the administrative authorities in the State of
Texas have convened public hearings with the intention of
analyzing the implications derived from the construction of
said project, it is appropriate that the Mexican Government
reiterate their concern and inconformity in light of the
possibility that the project will be authorized.
Third--The Senate of the Republic sets forth to the
Department of Foreign Relations to consider the formulation
of the following proposals to the United States Government:
(a) Manifest the disagreement of the Senate of the Republic
regarding the policy of the United States that favors the
installation of nuclear and toxic waste disposal facilities
in the border area.
(b) Insist in the possibility of relocating the Sierra
Blanca project to a site located outside of the 100 kilometer
common border zone.
(c) Manifest the wishes of the Senate of the Republic to
the members of the House of Representatives of the United
States so that they vote against the Compact Law that
authorizes the disposal of wastes between the states of
Texas, Maine, and Vermont in virtue that its approval
signifies a relevant approval for the construction and the
management of the disposal facility of radioactive wastes in
Sierra Blanca, Texas and represents a violation of the spirit
of the La Paz Agreement.
(d) Include the subject of the disposal facilities for
radioactive and toxic wastes in the next meeting of the
Mexico-United States Bi-national Commission in order to:
I. design criteria for the installation and operation of
disposal facilities in the border zone of 100 kilometers
within the framework of the La Paz Agreement and the Border
21 Program, in order to include the possibility of
establishing a reciprocal moratorium on the installation of
disposal facilities for radioactive waste inside the 100
kilometer border zone,
II. establish that a group of experts from both countries
analyze the impacts of the proposed disposal facilities in
the 100 kilometer border zone.
Fourth--The Senate of the Republic proposes:
(a) To inform the Governors and municipal mayors of the
states of the Republic of Mexico in the border zone with the
United States about the current status of the Sierra Blanca
project and other disposal projects that are being planned in
the 100 kilometer border zone with the objective of adopting
any measures that are considered opportune.
(b) To transmit existing information about the Sierra
Blanca project to the local legislatures of the border states
of the Mexican Republic with the objective of making this
information available to them so they can adopt any measures
which they consider appropriate.
(c) That a multi-party commission of senators be formed
with the purpose of meeting with the governor of Texas,
George Bush, with the purpose of telling him that the Mexican
Senate believes that the Sierra Blanca project violates the
spirit of the commitments made with the signing of the La Paz
Agreement and that are linked to the state which he governs
and which don't contribute to the strengthening of the good
relations of friendship and neighborliness that must prevail
between both countries.
Fifth--That the Senate of the Republic proposes including
this matter in the agenda of the next interparliamentary
meeting between Mexico and the United States.
Sixth--The Senate of the Republic expresses that this case
constitutes a valuable opportunity for both countries to
demonstrate their good will, responsibility, and capacity for
cooperating in dealing with similar matters of common
interest.
Seventh--So that the public opinion has greater knowledge
on this subject, it is suggested to prepare as soon as
possible a document that can be disseminated through the
national and international media, in order to express the
nature of this problem and the current status of the project
in dispute.
Approved in the Honorable Chambers of the Senators April
30, 1998.
Testimony of Rep. Silvestre Reyes, July 29, 1998
Mr. Speaker, I want to make sure that every member of this
House is aware of the substantial opposition to this compact.
I want to read you a list of those cities and counties that
have passed resolutions opposing it:
El Paso County, Presidio County, Jeff Davis County,
Culberson County, Val Verde County, Webb County, Starr
County, Hidalgo County, Cameron County, Zapata County, Reeves
County, Brewster County, Ward County, Sutton County, Kimble
County, Kinney County, Crockett County, Pecos County,
Maverick County, Ector County, City of Austin, City of Del
Rio, City of Bracketville, City of Marfa, City of Van Horn,
City of El Paso, City of Alpine, Horizon City, City of Ft.
Stockton, City of Laredo, City of Eagle Pass, City of
Presidio, City of McAllen, City Council of Juarez.
Mexican State Congress of Coahuila, Mexican State Congress
of Chihuahua, Mexican State Congress of Nuervo Leon, Mexican
National Chamber of Deputies, Mexican National Senate,
Mexican State Congress of Sonora, Mexican State Congress
of Tamaulipas.
Mr. Speaker, I also want to enter into the record a letter
dated yesterday from the League of United Latin American
Citizens.
[[Page H6532]]
LULAC is asking all members of this House to vote NO on the
conference report for H.R. 629.
As most of you know, LULAC is the oldest and largest
Hispanic civil rights organization in the nation. Let me read
part of their letter to you:
``The selection of a poor Mexican-American community (which
is already the site of one of the largest sewage sludge
projects in the country) brings to mind serious
considerations of environmental justice . . . The decision
Congress now faces on this matter cannot be made in a vacuum,
ignoring serious environmental justice questions that have
been raised about the site selection process. These unjust
procedures are in apparent contradiction of the 1994
Executive Order that firmly upheld environmental justice.''
``LULAC would caution Congress not to be complicit in what
has become, whether intentional or not, a repulsive trend in
this country of setting the most hazardous and undesirable
facilities in poor, politically powerless communities with
high percentages of people of color. Only a vote against the
Texas Maine Vermont Radioactive Waste Compact conference
committee report will ensure that this trend is not extended
into Hudspeth County Texas.''
I urge all of my colleagues to follow the advice of LULAC
and vote against this conference report.
League of United Latin
American Citizens,
Washington, DC, July 28, 1998.
Dear Representative: On behalf of the League of United
Latin American Citizens (LULAC), I urge you to vote No on the
Conference Committee Report for The Texas Maine Vermont
Radioactive Waste Compact. LULAC is the oldest and largest
Hispanic civil rights organization in the nation. Since 1929,
we have been providing a voice to our community throughout
the U.S. and Puerto Rico. A major concern of ours is the
proposed site of a nuclear waste dump near Sierra Blanca in
Texas.
As you know, The Compact proposes the construction of
shallow, unlined soil trenches for the burial of ``low-
level'' radioactive waste. LULAC strongly opposes this
Compact. Serious issues of environmental justice and blatant
discrimination arise when one considers this bill. One should
not only vote against this proposal because of serious
environmental and health matters, but also because of the
racial discrimination practiced against the predominantly
Mexican-American population of the area.
Just this month, two Texas administrative law judges
recommended the Sierra Blanca compact dump license be denied
because of severe geological problems and unanswered
questions about environmental racism. If Congress ignores
these problems and approves the compact, thus funding the
dump, tremendous pressure will be placed on the political
appointees at the Texas Natural Resource Conservation
Commission to approve the license despite the judges'
recommendation to deny it.
The selection of a poor Mexican-American community (which
is already the site of one of the largest sewage sludge
projects in the country) brings to mind serious
considerations of environmental justice. Although the bill
does not expressly designate Hudspeth County as the location
for the site, the Faskin Ranch near Sierra Blanca has clearly
been earmarked and a draft license has been approved. The
decision Congress now faces on this matter cannot be made in
a vacuum, ignoring serious environmental justice questions
that have been raised about the site selection process. These
unjust procedures are in apparent contradiction of the 1994
Executive Order that firmly upheld environmental justice.
There are also matters of international relevance that must
be considered. The dumping of nuclear waste near Sierra
Blanca, approximately 16 miles from the Rio Grande, would
violate that 1983 La Paz Agreement between the U.S. and
Mexico. With this agreement, both nations committed their
efforts to prevent, reduce and eliminate pollution in the
U.S./Mexico border area. The proposed site is well within the
``border area'' of 63 miles on each side of the border. The
government of Mexico has already expressed its strong
opposition to the project in communications to the U.S.
Department of State. LULAC would caution Congress not to be
complicit in what has become, whether intentional or not, a
repulsive trend in this country of setting the most hazardous
and undesirable facilities in poor, politically powerless
communities with high percentages of people of color. Only a
vote against The Texas Maine Vermont Radioactive Waste
Compact Conference Committee Report will ensure that this
trend is not extended into Hudspeth County.
Thank you for your consideration of this issue. If you need
more information please call Cuauhtemoc Figueroa, Director of
Policy and Communications at (202) 408-0060.
Sincerely,
Rick Dovalina,
LULAC National President.
Mr. REYES. Mr. Speaker, I reserve the balance of my time.
Mr. BONILLA. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I first of all would like to thank the gentleman from
Colorado (Chairman Schaefer) and the gentleman from Texas (Chairman
Barton) and the gentleman from Texas (Mr. Hall), my friend, who were
speaking in support of this bill today. They have been most gracious in
allowing those who have strong feelings about this conference report to
work with them very closely, and I just wanted to express my
appreciation for that.
The whole idea of having compacts is one that I have no problem with,
and I do not think Members generally have a problem with the process of
States getting together to decide where waste is going to go. Of
course, then, as I stated strongly over and over again for many years
now, the problem that I have and other Members who have nearby
congressional areas in Texas have, is the threat to the environment in
this area, the unstable geology, and also the threat to the economic
future of these communities.
Quite simply speaking, they do not want it there. Again, I have 20
counties and 13 cities and municipalities on record as opposing this
conference report and this whole idea. There is a county in Texas that
is very strongly in favor of having this kind of dump in their
community and I would gladly work with that community to try to have
this dump moved to that area in the future, if that is even a
possibility.
Though the whole idea of having places to put nuclear waste, low-
level radioactive waste is an issue that I understand is very
necessary, I know that my colleagues understand how strongly at this
point my people feel about this issue, as do I.
There is another issue I want to bring up as well. All of us in Texas
are going through an incredible drought at this point. The agriculture
community is suffering. Local governments are implementing water
rationing in some areas. I want to emphasize above all that now should
be the time that we understand, as Texans, that any potential threat to
water supplies in any community in Texas is something that we should
all be concerned about.
I do not think any of us have anticipated being at this point in
Texas right now with the shortage of water and the unbearable heat that
is upon us every day at this time in Texas with no end in sight. So I
would appeal to my colleagues in other areas of the State and other
parts of the Nation suffering from droughts and heat waves that they
could identify with the needs that could occur if the water supplies
were threatened by a dump like this in the future.
So, I thank my colleagues for working with me on this issue and I ask
them, I plead for every citizen in my congressional area who has ever
pleaded with me to make their case before this body. I hope that I have
made it and I hope that we have had an impact on those who are
considering opposing this conference report. The people of West Texas
need all the help they can get.
{time} 1245
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Hall).
Mr. HALL of Texas. Mr. Speaker, I yield myself the balance of my
time.
The SPEAKER pro tempore (Mr. Quinn). The gentleman from Texas (Mr.
Hall) is recognized for 2 minutes and 30 seconds.
Mr. HALL of Texas. Mr. Speaker, I thank the gentleman for yielding me
the time.
I could not close without sending accolades toward the gentleman from
Texas (Mr. Bonilla), the gentleman from Texas (Mr. Reyes), the
gentleman from Texas (Mr. Rodriquez), the gentleman from Texas (Mr.
Doggett). They have done a good job. They have been an honorable
opposition, and they have been an effective opposition. Because no
matter how the vote goes, I think the vote is going to go favorable on
this, as it has before, but regardless of the outcome of this vote,
they have made it a better compact.
Their opposition has spawned article 3 where it provides a way to
amend the contract or to protect the depository State if the
commission, in its wisdom, decides not to allow any other waste to come
into the State. Then that is set up as to how that is done. There are 6
voting members. The host State has 6 voting Members. Each of the other
two States have one. So the State of Texas, where it will be deposited,
has the right to determine whether or not any other waste comes into
the State.
We have to have faith in those who are going to represent the State
and
[[Page H6533]]
the local bodies in the future. I have that faith. I think it is going
to work. On local support, on how good it has been, everybody out in
Sierra Blanca and Hudspeth County and all of west Texas does not oppose
this compact. Actually, there has been some signatures by a lot of
adult citizens from Sierra Blanca asking for it. It has not been
without meetings and keeping them advised. They have had monthly
meetings out there, since 1992, in Hudspeth County to address the
concerns, the concerns that are there. Perhaps this came about because
of the insistence of the gentleman from Texas (Mr. Reyes) that they be
kept advised of it.
Benefits to Sierra Blanca, the host county has received over $2
million in benefits payable through housing, additional housing,
medical services and others. They are going to receive $5 million from
the other two States. They are going to receive a half a million
dollars per year after start-up. This brings prosperity, it brings
jobs. It brings opportunity. That brings dignity to this part of the
State.
I think, as has been said before, the relations to earthquakes and
all these others things, there is protection against that.
I urge the passage of this amendment.
Mr. REYES. Mr. Speaker, I yield the balance of my time to the
gentleman from Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, I would close by simply emphasizing to my
colleagues 5 points.
First, when we talk about this radioactive waste as being low level,
that is good for public relations purposes but not for health purposes.
The radioactive waste that will be buried at Sierra Blanca will be
deadly to human beings for longer than all recorded human history. It
is extraordinarily lethal and makes this debate all the more important.
Number two, the Sierra Blanca site was not chosen because of its
suitability but solely because of its vulnerability, its political
vulnerability, which is playing out here today. It was not the best
site for a storage facility. It was the easiest site, because it is a
largely poor, Hispanic area.
That is one of the reasons that the Texas State conference of the
NAACP this year called this ``environmental racism.'' It is one of the
reasons that the League of Conservation Voters has spotlighted this as
one of the key anti-environmental votes of this Congress.
Number three, we do not need this dump. It is great public relations
to talk about slowing scientific research or the health isotopes that
are vital to the future of our health, but that has absolutely nothing
to do with what is really at stake in this debate. We have heard much
about all the other compacts that have already been approved. What our
colleagues have not pointed out is that of those 9 compacts that
Congress has approved, not one of them has secured a license agreement,
not one. And two of them have actually stopped looking for a site. This
leads to the conclusion that if they sought those compacts, but they
are not doing anything with them, why should we approve another one in
Texas?
Indeed, as the most recent report on radioactive waste storage by Dr.
F. Gregory Hayden has pointed out, ``There is currently an excess
capacity for this type of disposal in the United States without any
change to current law or practice.''
That leads to the fourth and very important point, that the
safeguards that are in this compact, without the amendments that have
been stripped out, are meaningless.
My colleague, the gentleman from Texas (Mr. Hall) from Rockwall, is
always eloquent, and he has been very candid in this debate. He has
said it is not the fellow with the biggest truck that is going to be
decisive here. I agree.
My concern is it will be determined by the place with the biggest
dump. We all know Texas is bigger than most any other place, and we are
about to have one heck of a big dump out there in west Texas. It will
become the dumping site for all the people from those other places
around the country because, as Mr. Hall has quite appropriately noted,
and I quote him from this debate today, ``It might reduce the operating
cost.''
The economic factors for those special interests, who want a cheaper
place to put their radioactive garbage and found a convenient place
among the poor people of Sierra Blanca, who now will have no adequate
safeguards.
To suggest that the compact limits it to 20 percent from out of State
is misleading. If we read the fine print, it is 20 percent that could
come from Maine and Vermont, but there is no limitation that I see with
regard to the rest of the States.
Finally, my colleague, the gentleman from Texas (Mr. Barton) has been
fair and direct with me. He told me on this floor that he would check
with the governor. That is exactly what he did.
My final point is that without the blessing of Governor George Bush,
we would be limited to three States. Governor Bush said one thing in
Texas; he did another in Washington. That is most unfortunate for
Texas.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield 3 minutes the
gentleman from Texas (Mr. Barton), the author of the bill.
Mr. BARTON of Texas. Mr. Speaker, I will try to go through this very
quickly. I believe my good friend from Austin was the president of the
student body at the University of Texas. He obviously has a golden
throat and is able to weave words very carefully. I was just a poor
engineering student at Texas A&M trying to see how to use a slide rule
so I do not claim that I am as elequent as he is.
I did try to list his 5 points down as he enumerated them. He talked
about waste being there for all mankind. Eighty-five percent of the
waste is going to decay to harmless levels within 30 years. Ninety-
eight percent within harmless levels within 100 years. The canisters
are designed to last 500 years. I do not think there is any question
but there will not be any danger if we accept this waste on this site.
He talked about site location. That has been determined by the State
of Texas, not by the U.S. Congress.
He talked about the administrative law judge saying that we do not
really need a site. Actually the administrative law judge said that
there is no other acceptable site. The waste that is being generated
now at 97 locations in Texas and several in Vermont and Maine is being
stored on site. The administrative law judge says that is simply not
acceptable. He talked about the safeguards being meaningless. Again,
the administrative law judge, in their application review, has said
that we should limit the amount of waste stored to no more than 1
million curies.
The gentleman from Texas (Mr. Hall) has pointed out there are going
to be 6 commissioners from Texas and one from Vermont and Maine. They
will have the safeguards of the populations of their States high in
their mind.
I guess to close I would simply state that we have debated this issue
several times. It passed the House in October, 309 to 107. Hopefully it
will pass again with a margin that large in the very next few minutes.
Let us do the right thing. Let us let Texas, Vermont and Maine adopt
this compact, and let them go about the business of safeguarding the
low-level waste that these three States generate.
Mr. DAN SCHAEFER of Colorado. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, I think we have heard eloquent debate here. I do have to
say, I feel like a little bit of an orphan here between Maine and
Vermont and Texas, being from the State of Colorado, but I think what
our committee has done is the right thing, to move this legislation,
give it a chance to rise or fall on its merits here on the floor by a
democratic process.
I think it is an important thing also to notice, I mentioned before,
if we do nothing, then Texas may well have to be taking waste from a
number of States, not just in addition to Maine and Vermont.
I thank the gentleman from Texas and the other gentlemen from Texas.
And I would also like to say to the gentleman from Texas (Mr. Bonilla),
his efforts on this have been admirable. We have worked real hard on
this one over a period of time. I think that he has done a terrific job
on this.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of the Texas
Low-Level Radioactive Waste Disposal Compact going to conference. This
agreement will allow the State of Texas, Maine and Vermont to enter
[[Page H6534]]
into an agreement to dispose of Low-Level Radioactive Waste produced in
their states.
The Congressional consideration of this bill was thorough and
thoughtful and we must at this time allow a contractual agreement to be
developed by Texas, Maine, and Vermont for the cooperative resolution
of the problem of disposing of low-level radioactive waste.
The Commerce Clause found in Article I, Section 8, Clause 3 of the
United States Constitution provides that Congress--not the States--has
the power to regulate commerce among states. * * * This clause has been
interpreted by the courts to restrict a state's ability to regulate in
a manner that would be an impermissible burden or discriminate against
interstate commerce.
Under this law, without the Compact's protection, the site if opened
in Texas would be forced to take Low-Level Radioactive Waste from all
fifty states.
Through legislative action in 1980 and 1985, the Congress encouraged
states to form compacts to provide for new low-level radioactive waste
disposal. Since 1985, 9 interstate low-level radioactive waste compacts
have been approved by Congress, encompassing 41 states.
All radioactive materials lose radioactivity at predictable rates.
Therefore, agreements are necessary for the proper disposal and storage
of low-level radioactive waste until it reaches harmless levels at the
end of 100 years.
This compact would not designate a particular site, but only the
agreement among the participating states for the development of a low-
level radioactive facility.
My position on any site location, which I have expressed in the past,
is that public hearings must and should be part of the process in order
to give concerned citizens an opportunity to express their views on the
site and that no site be selected that presents an undue burden on
people with low incomes. I will continue to work with my Texas
congressional colleagues who seek to resolve this questionable process
that has allowed a low-income minority area to be selected, for the
site in Texas.
Before any final decision of location is made these hearings should
allow for proper comment and evaluation of those comments to take
place. It is my understanding that the Texas state planners are
committed to as public a process as possible.
The Texas Compact specifies that commercial low-level radioactive
waste generated in the party states of Texas, Maine, and Vermont will
be accepted at the Texas Low-Level Radioactive Waste Disposal Facility.
``Low-Level radioactive waste is defined the same way as the Low-Level
Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240.
With the needs for storage facilities constantly increasing with the
number of nuclear research projects and medical applications which use
radioactive materials in their treatment of patients with serious
illnesses this Compact is needed.
Commerce low-level radioactive waste typically consists of wastes
from operations and decommissioning of nuclear power plants, hospitals,
research laboratories, industries, and universities. Typical low-level
radioactive waste is trash-like materials consisting of metals, paper,
plastics, and construction materials that are contaminated with low-
levels of radioactive materials.
A compact is a serious matter, and a compact regarding the disposal
or storage of Low-Level Radioactive Waste is extremely important. This
compact will be managed by the participating states and especially by
the State of Texas with the greatest care and professionalism possible.
I urge my colleagues to support this compact.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the conference report.
There was no objection.
The SPEAKER pro tempore. The question is on the conference report.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. REYES. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 305,
nays 117, not voting 12, as follows:
[Roll No. 344]
YEAS--305
Aderholt
Allen
Archer
Armey
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Bentsen
Bereuter
Berry
Bilbray
Bilirakis
Bishop
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bono
Borski
Boswell
Boucher
Boyd
Brady (TX)
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Cardin
Carson
Chabot
Chambliss
Chenoweth
Christensen
Clay
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cubin
Cunningham
Danner
Davis (FL)
Davis (VA)
DeGette
DeLay
Deutsch
Dickey
Dicks
Dingell
Dooley
Doolittle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Everett
Ewing
Fawell
Fazio
Foley
Fossella
Fowler
Fox
Frank (MA)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Green
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Harman
Hastert
Hastings (WA)
Hayworth
Hefley
Hefner
Herger
Hill
Hilleary
Hilliard
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
John
Johnson (CT)
Johnson (WI)
Johnson, E. B.
Johnson, Sam
Jones
Kaptur
Kim
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
Lampson
Largent
Latham
LaTourette
Lazio
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
Lowey
Lucas
Luther
Maloney (CT)
Manton
Manzullo
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McIntyre
McKeon
Metcalf
Mica
Miller (FL)
Minge
Mollohan
Moran (KS)
Moran (VA)
Murtha
Myrick
Neal
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Oxley
Packard
Parker
Paxon
Pease
Peterson (MN)
Peterson (PA)
Pickering
Pickett
Pitts
Pomeroy
Porter
Portman
Poshard
Pryce (OH)
Quinn
Radanovich
Ramstad
Redmond
Regula
Riggs
Riley
Rivers
Roemer
Rogan
Rogers
Rohrabacher
Roukema
Royce
Ryun
Sabo
Salmon
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Scott
Serrano
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skaggs
Skelton
Smith (MI)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Snyder
Solomon
Souder
Spence
Spratt
Stearns
Stenholm
Stokes
Stump
Stupak
Sununu
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thune
Thurman
Tiahrt
Traficant
Turner
Upton
Vento
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
White
Whitfield
Wicker
Wilson
Wise
Wolf
Wynn
Yates
Young (AK)
NAYS--117
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Becerra
Berman
Blagojevich
Bonilla
Bonior
Brady (PA)
Capps
Castle
Conyers
Cummings
Davis (IL)
Deal
DeFazio
Delahunt
DeLauro
Diaz-Balart
Dixon
Doggett
Doyle
Engel
English
Ensign
Eshoo
Evans
Farr
Fattah
Filner
Forbes
Ford
Franks (NJ)
Furse
Gibbons
Gutierrez
Hastings (FL)
Hinchey
Holden
Hooley
Jackson (IL)
Jefferson
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kucinich
LaHood
Lantos
Lee
Lewis (GA)
LoBiondo
Lofgren
Maloney (NY)
Markey
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Miller (CA)
Mink
Morella
Nadler
Nethercutt
Ortiz
Owens
Pallone
Pappas
Pascrell
Pastor
Paul
Payne
Pelosi
Petri
Pombo
Rahall
Rangel
Reyes
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Sanchez
Schumer
Sensenbrenner
Shays
Sherman
Skeen
Slaughter
Smith (NJ)
Stabenow
Stark
Strickland
Thompson
Tierney
Torres
Towns
Velazquez
Visclosky
Waters
Watt (NC)
Waxman
Weller
Wexler
Weygand
Woolsey
NOT VOTING--12
Clayton
Etheridge
Gonzalez
Granger
Hinojosa
Jenkins
McHale
Millender-McDonald
Moakley
Price (NC)
Talent
Young (FL)
{time} 1317
Ms. KILPATRICK and Messrs. LaHOOD, CONYERS, PAYNE, WATT of North
Carolina and FORD changed their vote from ``yea'' to ``nay.''
[[Page H6535]]
So the conference report was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________