[House Report 104-148]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-148
_______________________________________________________________________


 
     TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT

                                _______


 June 20, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 558]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Commerce, to whom was referred the bill 
(H.R. 558) to grant the consent of the Congress to the Texas 
Low-Level Radioactive Waste Disposal Compact, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.
                                CONTENTS

                                                                   Page
The legislation..................................................     2
Purpose and summary..............................................    11
Background and need..............................................    12
Hearings.........................................................    13
Committee consideration..........................................    13
Roll call votes..................................................    13
Committee oversight findings.....................................    14
Committee on Government Reform and Oversight.....................    15
Committee cost estimates.........................................    15
Congressional Budget Office estimates............................    15
Inflationary impact statement....................................    15
Section-by-section analysis and discussion.......................    16
Changes in existing law made by the bill, as reported............    17
Dissenting views.................................................    18
                            the legislation
SECTION 1. SHORT TITLE.

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

SEC. 2. CONGRESSIONAL FINDING.

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

SEC. 3. CONDITIONS OF CONSENT TO COMPACT.

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

SEC. 4. CONGRESSIONAL REVIEW.

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

SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT.

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

          ``TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT

                    ``ARTICLE I. POLICY AND PURPOSE

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

                       ``ARTICLE II. DEFINITIONS

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

                     ``ARTICLE III. THE COMMISSION

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

``ARTICLE IV. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY STATES

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

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

              ``ARTICLE VI. PROHIBITED ACTS AND PENALTIES

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

 ``ARTICLE VII. ELIGIBILITY, ENTRY INTO EFFECT; CONGRESSIONAL CONSENT; 
                         WITHDRAWAL; EXCLUSION

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

             ``ARTICLE VIII. CONSTRUCTION AND SEVERABILITY

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

    H.R. 558 grants the consent of the Congress to the Texas 
Low-Level Radioactive Waste Disposal Compact. The compact is 
between the States of Texas, Maine, and Vermont. The compact 
was entered into in fulfillment of the States' responsibilities 
under the Low-Level Radioactive Waste Policy Act to develop 
facilities for the disposal of low-level radioactive waste 
generated within their borders.

                  background and need for legislation

    Low-Level radioactive waste, as distinguished from spent 
nuclear reactor fuel or high-level radioactive waste, emits a 
low intensity of radiation which decays relatively rapidly. The 
vast majority of low-level waste (97 percent) does not require 
special shielding for the protection of workers or the 
surrounding community. In addition to the low-level waste 
generated by nuclear utilities, such as discarded protective 
clothing, low-level radioactive waste includes medical waste 
produced by hospitals and materials produced by universities in 
the course of research work.
    The Congress's first effort to address the need for 
development of low-level waste facilities was the Low-Level 
Radioactive Waste Policy Act of 1980 (P.L. 96-573). The 1980 
Act established the fundamental principles of Federal policy on 
nuclear waste disposal, the most important being that States 
would be responsible for the disposal of low-level radioactive 
waste generated within their borders (other than certain 
Federal waste). The Federal government would be responsible for 
the disposal of other radioactive waste, including high-level 
transuranic waste. States were authorized to enter into 
compacts to provide for the establishment and operation of 
disposal facilities, and compacts could restrict access to a 
disposal facility to the members of the compact.
    The desire to restrict access to disposal facilities was a 
driving force behind the adoption of the 1980 Act and the 
subsequent 1985 Low-Level Radioactive Waste Policy Amendments 
Act (P.L. 99-240). The States of Washington, Nevada, and South 
Carolina, which hosted the nation's only three low-level 
radioactive waste disposal facilities, expressed their 
unwillingness to continue accepting all of the country's low-
level radioactive waste. Under the 1980 Act, these States could 
stop accepting out-of-compact waste after January 1, 1986.
    By 1985, it was apparent that the 1986 cutoff dated was 
impracticable, and the 1985 Act extended the cutoff date. 
Additionally, the 1985 Act established a series of penalty 
surcharges and denial of access for States failing to meet the 
legislation's milestones for progress toward the development of 
compact facilities. Finally, the 1985 Act granted the three 
States with existing disposal facilities the right to impose 
escalating surcharges on waste, and a cap on the volume of 
waste they would have to accept.
    Presently, nine interstate compacts have been granted 
Congressional consent, comprising 42 States.
    The Texas Low-Level Radioactive Waste Disposal Compact has 
been approved by the State legislatures and Governors of Texas, 
Maine, and Vermont. As an additional condition of its own 
participation in the compact, the State of Maine approved the 
compact through a public referendum. The compact specifies that 
the State of Texas will host the disposal facilities. Like 
previously-approved compacts, the Texas compact provides that 
no low-level radioactive waste may be exported from or imported 
to the regional facility except with approval of the governing 
commission of the compact. This provision relies on the 
authority in Section 4 of the 1985 Act, which grants 
Congressionally approved compacts the right to control access 
to the compact facility. While such consent is not necessary 
for the formation of interstate agreements, the absence of 
Congressional consent raises questions regarding the rights of 
compact members to exclude waste from non-member States. The 
consent granted by Congress continues only as long as the 
compact complies with the provisions of the Low-Level 
Radioactive Waste Policy Act.

                                hearings

    On May 11, 1995, the Subcommittee on Energy and Power held 
a legislative hearing on H.R. 558. Witnesses included: 
Representatives Jack Fields, Henry Bonilla and Ronald Coleman; 
Ms. Laurie Rich, Executive Director, State of Texas Office of 
State-Federal Relations; and Mr. David Fredick, attorney, 
Henry, Lawere, Johnson, Hess and Frederick.

                        committee consideration

    The Subcommittee on Energy and Power met in open session on 
May 16, 1995, and ordered reported the bill H.R. 558 without 
amendment by voice vote. On May 24, 1995, the Committee met in 
open session and ordered reported the bill H.R. 558 without 
amendment by a recorded vote of 41-2, a quorum being present.

                            roll call votes

    Pursuant to clause 2(1)(2)(B) of rule XI of the Rules of 
the House of Representatives, following are listed the recorded 
votes on the motion to report H.R. 558 and on amendments 
offered to the measure, including the names of those Members 
voting and for and against.
       COMMITTEE ON COMMERCE--104TH CONGRESS ROLLCALL VOTE NO. 41

    Bill: H.R. 558, Texas Low-Level Radioactive Waste Disposal 
Compact Consent Act.
    Amendment: Amendment by Mr. Bryant re: additional condition 
on the siting of the facility.
    Disposition: Not agreed to, by a rollcall vote of 14 ayes 
to 28 nays.

----------------------------------------------------------------------------------------------------------------
     Representative          Aye       Nay     Present        Representative          Aye       Nay     Present 
----------------------------------------------------------------------------------------------------------------
Mr. Bliley..............  ........        X   .........  Mr. Dingell.............        X   ........  .........
Mr. Moorhead............  ........        X   .........  Mr. Waxman..............        X   ........  .........
Mr. Fields..............  ........        X   .........  Mr. Markey..............        X   ........  .........
Mr. Oxley...............  ........        X   .........  Mr. Tauzin..............  ........        X   .........
Mr. Bilirakis...........  ........        X   .........  Mr. Wyden...............        X   ........  .........
Mr. Schaefer............  ........        X   .........  Mr. Hall................  ........        X   .........
Mr. Barton..............  ........        X   .........  Mr. Bryant..............        X   ........  .........
Mr. Hastert.............  ........        X   .........  Mr. Boucher.............  ........  ........  .........
Mr. Upton...............  ........  ........  .........  Mr. Manton..............        X   ........  .........
Mr. Stearns.............  ........        X   .........  Mr. Towns...............  ........        X   .........
Mr. Paxon...............  ........        X   .........  Mr. Studds..............  ........  ........  .........
Mr. Gillmor.............  ........        X   .........  Mr. Pallone.............        X   ........  .........
Mr. Klug................  ........        X   .........  Mr. Brown...............        X   ........  .........
Mr. Franks..............  ........        X   .........  Mrs. Lincoln............        X   ........  .........
Mr. Greenwood...........  ........        X   .........  Mr. Gordon..............  ........        X   .........
Mr. Crapo...............  ........        X   .........  Ms. Furse...............        X   ........  .........
Mr. Cox.................  ........        X   .........  Mr. Deutsch.............  ........  ........  .........
Mr. Deal................  ........        X   .........  Mr. Rush................        X   ........  .........
Mr. Burr................  ........        X   .........  Ms. Eshoo...............        X   ........  .........
Mr. Bilbray.............  ........        X   .........  Mr. Klink...............        X   ........  .........
Mr. Whitfield...........  ........        X   .........  Mr. Stupak..............        X   ........  .........
Mr. Ganske..............  ........        X   .........                                                         
Mr. Frisa...............  ........        X   .........                                                         
Mr. Norwood.............  ........        X   .........                                                         
Mr. White...............  ........        X   .........                                                         
Mr. Coburn..............                                                                                        
----------------------------------------------------------------------------------------------------------------

       committee on commerce--104th congress rollcall vote no. 42

    Bill: H.R. 558, Texas Low-Level Radioactive Waste Disposal 
Compact Consent Act.
    Motion: Motion by Mr. Bliley to order H.R. 558 reported to 
the House, unamended.
    Disposition: Agreed to, by a rollcall vote of 41 ayes to 2 
nays.

----------------------------------------------------------------------------------------------------------------
     Representative         Aye       Nay     Present        Representative         Aye        Nay      Present 
----------------------------------------------------------------------------------------------------------------
Mr. Bliley.............        X   ........  .........  Mr. Dingell............         X   .........  .........
Mr. Moorhead...........        X   ........  .........  Mr. Waxman.............  .........  .........  .........
Mr. Fields.............        X   ........  .........  Mr. Markey.............         X   .........  .........
Mr. Oxley..............        X   ........  .........  Mr. Tauzin.............         X   .........  .........
Mr. Bilirakis..........        X   ........  .........  Mr. Wyden..............         X   .........  .........
Mr. Schaefer...........        X   ........  .........  Mr. Hall...............         X   .........  .........
Mr. Barton.............        X   ........  .........  Mr. Bryant.............  .........         X   .........
Mr. Hastert............        X   ........  .........  Mr. Boucher............         X   .........  .........
Mr. Upton..............        X   ........  .........  Mr. Manton.............         X   .........  .........
Mr. Stearns............        X   ........  .........  Mr. Towns..............         X   .........  .........
Mr. Paxon..............        X   ........  .........  Mr. Studds.............  .........  .........  .........
Mr. Gillmor............        X   ........  .........  Mr. Pallone............         X   .........  .........
Mr. Klug...............        X   ........  .........  Mr. Brown..............         X   .........  .........
Mr. Franks.............        X   ........  .........  Mrs. Lincoln...........         X   .........  .........
Mr. Greenwood..........        X   ........  .........  Mr. Gordon.............         X   .........  .........
Mr. Crapo..............        X   ........  .........  Ms. Furse..............         X   .........  .........
Mr. Cox................        X   ........  .........  Mr. Deutsch............  .........  .........  .........
Mr. Deal...............        X   ........  .........  Mr. Rush...............         X   .........  .........
Mr. Burr...............        X   ........  .........  Ms. Eshoo..............         X   .........  .........
Mr. Bilbray............        X   ........  .........  Mr. Klink..............         X   .........  .........
Mr. Whitfield..........        X   ........  .........  Mr. Stupak.............  .........         X   .........
Mr. Ganske.............        X   ........  .........                                                          
Mr. Frisa..............        X   ........  .........                                                          
Mr. Norwood............        X   ........  .........                                                          
Mr. White..............        X   ........  .........                                                          
Mr. Coburn.............                                                                                         
----------------------------------------------------------------------------------------------------------------

           COMMITTEE on commerce--104th congress voice votes

    Bill: H.R. 558, Texas Low-Level Radioactive Waste Disposal 
Compact Consent Act.
    Amendment: Amendment by Mr. Bryant re: liability of compact 
parties for any international claim.
    Disposition: Not agreed to, by a voice vote.
                      Committee oversight findings

    Pursuant to clause 2(1)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Subcommittee on Energy and 
Power held a legislative hearing and made findings that are 
reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(1)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

                        Committee Cost Estimate

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the Committee believes that 
enactment of H.R. 558 would result in no additional costs to 
the Federal Government.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(1)(3)(C) of rule XI of the Rules of 
the House of Representatives, following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 24, 1995.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 558, the Texas Low-Level Radioactive Waste 
Compact Consent Act, as ordered reported by the House Committee 
on Commerce on May 24, 1995. CBO estimates that enacting this 
bill would result in no significant cost to the federal 
government or to state or local governments.
    This bill would give Congressional consent to formation of 
a low-level radioactive waste disposal compact between the 
states of Texas, Maine, and Vermont. The bill includes 
provisions for creating a commission to help implement the 
compact and establishes rights and responsibilities for the 
three states for disposing of low-level radioactive waste in 
Texas.
    Enactment of H.R. 558 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         June E. O'Neill, Director.
                     inflationary impact statement

    Pursuant to clause 2(1)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the bill 
would have no inflationary impact.

             section-by-section analysis of the legislation

    Section 1. Short Title. The section cites the Act as the 
``Texas Low-Level Radioactive Waste Disposal Compact Consent 
Act.''
    Section 2. Congressional Finding. The section provides that 
the purpose of the Texas compact is to fulfill the member 
States' obligations under the Low-Level Radioactive Waste 
Policy Act (42 U.S.C. 2021b et seq.) which permits States to 
enter into interstate compacts to provide for disposal 
facilities for low-level radioactive waste.
    Section 3. Conditions of Consent to Compact. The section 
establishes the following conditions of the compact: (a) that 
the compact shall become effective on the date of enactment of 
the Act; (b) that Congressional consent is subject to the 
provisions of the Low-Level Radioactive Waste Policy Act; and 
(c) that Congressional consent is conditioned upon the regional 
commission's compliance with all provisions of the Low-Level 
Radioactive Waste Policy Act.
    Section 4. Congressional Review. The section ensures that 
Congress may alter, amend or repeal the Texas Compact Consent 
Act after a ten-year period following the date of enactment of 
the Act and at such intervals thereafter as provided in the 
compact.
    Section 5. Texas Low-Level Radioactive Waste Disposal 
Compact. The section conveys the consent of Congress to the 
States of Texas, Maine, and Vermont to enter into the Texas 
Low-Level Radioactive Waste Disposal Compact, and includes the 
text of the compact agreement. The compact agreement is 
summarized as follows:
    Article 1. Policy and Purpose.--States the policy and 
purpose of the compact to encourage the cooperative efforts of 
the three States to manage and dispose of low-level radioactive 
waste.
    Article 2. Definitions.--Adds definitions for the following 
terms: ``Act'', ``Commission'', ``Compact facility or 
facility'', ``disposal'', ``generate'', ``generator'', ``host 
county'', ``host State'', ``institutional control period'', 
``low-level radioactive waste'', ``management'', ``operator'', 
``party State'', ``person'', and ``transporter''.
    Article 3. The Commission.--Establishes the compact 
commission, which is to be an eight-member panel. Each party 
State is entitled to one voting member: the host State is 
entitled to six voting members. Establishes the commission as a 
separate entity from the party States, and defines the duties 
and responsibilities of the commission. Among these duties is a 
limitation on the amount of waste that non-host party States 
may contribute: shipments may not exceed 20 percent of the 
volume estimated to be disposed by the host State over the 50-
year span of the compact, and total shipments from non-host 
party States shall not exceed 20,000 cubic feet per year.
    Article 4. Rights, Responsibilities, and Obligations of 
Party States.--States that the host State shall have full 
control over the development, management and operation of a 
facility for low-level waste disposal. Requires the party 
States to dispose of their low-level wastes at the compact 
facility. Establishes duties of the host State, including 
compliance with applicable State and Federal statutes in 
operating the disposal facility, the establishment of disposal 
fees, and closure of the facility when necessary to protect 
public health and safety or to protect natural resources. 
Establishes duties of the party States, including steps to 
reduce the overall volume of low-level waste, and the payment 
of community assistance projects in the host county in an 
amount equal to 10 percent of the amount required of each State 
for entry into the compact.
    Article 5. Party State Contributions.--Requires each party 
State to contribute a total of $25 million to the host State's 
low-level waste fund for the purpose of assisting with the 
development, operation and post-closure monitoring of the 
compact facility.
    Article 6. Prohibited Acts and Penalties.--Requires the 
compact States to dispose of their low-level wastes at the 
compact facility, and requires that no person may dispose of 
any waste within the party States unless generated within the 
party States. Provides penalties for violation of the article.
    Article 7. Eligibility, Entry Into Effect; Congressional 
Consent; Withdrawal; Exclusion.--Establishes Texas, Maine, and 
Vermont as party States to the compact. Establishes a procedure 
by which additional States may be considered for compact 
membership, and by which party States, including the host 
State, may withdraw from the compact. States that the compact 
shall take effect following enactment by the party States and 
consent of the Congress. Allows Congressional review of the 
compact every 5 years after its effective date.
    Article 8. Construction and Severability.--Ensures that 
non-host party States shall not be liable for harm or damage 
associated with the siting, operation, maintenance or long-term 
care of the compact facility. States that generators, 
transporters, owners and operators of the compact facility 
shall be liable for their actions under applicable law. Ensures 
the full regulatory authorities of the U.S. Nuclear Regulatory 
Commission and State authorities under the Atomic Energy Act 
(42 U.S.C. 2021).

         changes in existing law made by the bill, as reported

    This legislation does not amend any existing Federal 
statute.
                  DISSENTING VIEWS OF HON. JOHN BRYANT

    The ``Texas Low-Level Radioactive Waste Disposal Compact 
Consent Act''--H.R. 558--does not deserve the support of the 
United States Congress and should not be ratified by the House. 
The overwhelming vote in the House Commerce Committee should 
not lead one to believe this compact is non-controversial. What 
the Commerce Committee did was vote against the interests of 
the 2,900 citizens of Texas' Hudspeth County.
    By not being regional in nature, this compact does not 
conform with the Low-Level Radioactive Waste Disposal Act of 
1980. By choosing to locate the compact site within fourteen 
miles of an international border, this compact subjects the 
Federal Government to an unnecessary and excessive financial 
liability. The siting of the compact clearly violates the 
spirit, if not the letter, of the La Paz Agreement between the 
United States and Mexico which called for mutual cooperation to 
protect and improve the environment along our common border.
    Section 4, Subsection (a) of the Low-Level Radioactive 
Waste Policy Act states:

          (2)(A) To carry out the policy set forth in paragraph 
        (1), the States may enter into such compacts as may be 
        necessary to provide for the establishment and 
        operation of regional disposal facilities for low-level 
        radioactive waste. (Emphasis added.)

    The benefit of a regional compact is to minimize the risk 
to citizens living in states outside of the compact. It was not 
the intent of the framers of the Act that radioactive waste 
would be moved over thousands of miles through numerous states, 
including highly populated areas, that have no vote or 
legislative oversight of the compact.
    This compact is unlike any other compact previously 
approved by Congress in that the host state--Texas--is the only 
state that has proposed to place its compact site on an 
international border, near the Rio Grand River, in an 
environmentally sensitive area.
    The proposed site, which is the only site being considered 
by the State, is also a volatile earthquake zone. On April 13, 
1995, an earthquake scoring 5.6 on the Richter scale struck the 
West Texas region. Its epicenter was less than one hundred 
miles from the proposed site, and the quake was felt by 
individuals several hundreds miles away. Numerous earthquakes 
have occurred in the area--the largest, 6.4 on the Richter 
scale in 1931 with its epicenter only 40 miles from the site--
and the U.S. Geological Survey has concluded that quakes of 7.5 
magnitude could occur at any time along any of the fourteen 
faults in the immediate vicinity.
    Any contamination in Mexico resulting from damage to the 
disposal facility due to an earthquake will force the United 
States government to compensate the Mexican government and 
private citizens for any damages. The siting of this compact in 
a geologically volatile area should be of considerable 
importance to this Congress.
    Proponents claim that the siting of the compact does not 
violate the La Paz Agreement because the State of Texas has 
notified the Mexican Government of its decisions throughout the 
selection process. However, the Agreement clearly calls for a 
coordinated, cooperative effort to resolve the environmental 
problems along the border--not to create new ones. What is the 
point in attaining bi-national agreements to cooperate if a 
U.S. state entity can unilaterally circumvent the agreement, 
leaving the foreign government no recourse? That is why the 
Federal government has reserved foreign relations as its 
responsibility. This Congress would not tolerate any such 
action if taken by a Mexican state government. It is our 
responsibility to assure that state governments do not violate 
or jeopardize international agreements.
    It is completely within the purview of this Congress to 
attach conditions to the approval of a low-level radioactive 
waste interstate compact.
    I was pleased to have the support of fourteen of my 
colleagues for my amendment which would have made approval of 
this compact dependent upon the siting of the disposal site in 
a location no adjacent to an international border which is also 
an active earthquake zone.
    I believe this to be a reasonable and rational provision 
and am disappointed that this committee chose to ignore the 
potentially devastating effects ratification of this compact 
will have on the border region and the federal taxpayer.

                                                       John Bryant.