[House Report 105-630]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-630
_______________________________________________________________________
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT
_______
July 16, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Bliley, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 629]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
629), to grant the consent of the Congress to the Texas Low-
Level Radioactive Waste Disposal Compact, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Texas Low-Level Radioactive
Waste Disposal Compact Consent Act''.
SEC. 2. CONGRESSIONAL FINDING.
The Congress finds that the compact set forth in section 5
is in furtherance of the Low-Level Radioactive Waste Policy Act
(42 U.S.C. 2021b et seq.).
SEC. 3. CONDITIONS OF CONSENT TO COMPACT.
The consent of the Congress to the compact set forth in
section 5--
(1) shall become effective on the date of the
enactment of this Act;
(2) is granted subject to the provisions of the
Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b
et seq.); and
(3) is granted only for so long as the regional
commission established in the compact complies with all
of the provisions of such Act.
SEC. 4. CONGRESSIONAL REVIEW.
The Congress may alter, amend, or repeal this Act with
respect to the compact set forth in section 5 after the
expiration of the 10-year period following the date of the
enactment of this Act, and at such intervals thereafter as may
be provided in such compact.
SEC. 5. TEXAS LOW-LEVEL RADIOACTIVE WASTE COMPACT.
(a) Consent of Congress.--In accordance with section
4(a)(2) of the Low-Level Radioactive Waste Policy Act (42
U.S.C. 2021d(a)(2)), the consent of Congress is given to the
States of Texas, Maine, and Vermont to enter into the compact
set forth in subsection (b).
(b) Text of Compact.--The compact reads substantially as
follows:
``texas low-level radioactive waste disposal compact
``article i. policy and purpose
``Sec. 1.01. The party states recognize a responsibility
for each state to seek to manage low-level radioactive waste
generated within its boundaries, pursuant to the Low-Level
Radioactive Waste Policy Act, as amended by the Low-Level
Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
2021b-2021j). They also recognize that the United States
Congress, by enacting the Act, has authorized and encouraged
states to enter into compacts for the efficient management and
disposal of low-level radioactive waste. It is the policy of
the party states to cooperate in the protection of the health,
safety, and welfare of their citizens and the environment and
to provide for and encourage the economical management and
disposal of low-level radioactive waste. It is the purpose of
this compact to provide the framework for such a cooperative
effort; to promote the health, safety, and welfare of the
citizens and the environment of the party states; to limit the
number of facilities needed to effectively, efficiently, and
economically manage low-level radioactive waste and to
encourage the reduction of the generation thereof; and to
distribute the costs, benefits, and obligations among the party
states; all in accordance with the terms of this compact.
``article ii. definitions
``Sec. 2.01. As used in this compact, unless the context
clearly indicates otherwise, the following definitions apply:
``(1) `Act' means the Low-Level Radioactive Waste
Policy Act, as amended by the Low-Level Radioactive
Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b-
2021j).
``(2) `Commission' means the Texas Low-Level
Radioactive Waste Disposal Compact Commission
established in Article III of this compact.
``(3) `Compact facility' or `facility' means any
site, location, structure, or property located in and
provided by the host state for the purpose of
management or disposal of low-level radioactive waste
for which the party states are responsible.
``(4) `Disposal' means the permanent isolation of
low-level radioactive waste pursuant to requirements
established by the United States Nuclear Regulatory
Commission and the United States Environmental
Protection Agency under applicable laws, or by the host
state.
``(5) `Generate,' when used in relation to low-
level radioactive waste, means to produce low-level
radioactive waste.
``(6) `Generator' means a person who produces or
processes low-level radioactive waste in the course of
its activities, excluding persons who arrange for the
collection, transportation, management, treatment,
storage, or disposal of waste generated outside the
party states, unless approved by the commission.
``(7) `Host county' means a county in the host
state in which a disposal facility is located or is
being developed.
``(8) `Host state' means a party state in which a
compact facility is located or is being developed. The
State of Texas is the host state under this compact.
``(9) `Institutional control period' means that
period of time following closure of the facility and
transfer of the facility license from the operator to
the custodial agency in compliance with the appropriate
regulations for long-term observation and maintenance.
``(10) `Low-level radioactive waste' has the same
meaning as that term is defined in Section 2(9) of the
Act (42 U.S.C. 2021b(9)), or in the host state statute
so long as the waste is not incompatible with
management and disposal at the compact facility.
``(11) `Management' means collection,
consolidation, storage, packaging, or treatment.
``(12) `Operator' means a person who operates a
disposal facility.
``(13) `Party state' means any state that has
become a party in accordance with Article VII of this
compact. Texas, Maine, and Vermont are initial party
states under this compact.
``(14) `Person' means an individual, corporation,
partnership or other legal entity, whether public or
private.
``(15) `Transporter' means a person who transports
low-level radioactive waste.
``article iii. the commission
``Sec. 3.01. There is hereby established the Texas Low-
Level Radioactive Waste Disposal Compact Commission. The
commission shall consist of one voting member from each party
state except that the host state shall be entitled to six
voting members. Commission members shall be appointed by the
party state governors, as provided by the laws of each party
state. Each party state may provide alternates for each
appointed member.
``Sec. 3.02. A quorum of the commission consists of a
majority of the members. Except as otherwise provided in this
compact, an official act of the commission must receive the
affirmative vote of a majority of its members.
``Sec. 3.03. The commission is a legal entity separate and
distinct from the party states and has governmental immunity to
the same extent as an entity created under the authority of
Article XVI, Section 59, of the Texas Constitution. Members of
the commission shall not be personally liable for actions taken
in their official capacity. The liabilities of the commission
shall not be deemed liabilities of the party states.
``Sec. 3.04. The commission shall:
``(1) Compensate its members according to the host
state's law.
``(2) Conduct its business, hold meetings, and
maintain public records pursuant to laws of the host
state, except that notice of public meetings shall be
given in the non-host party states in accordance with
their respective statutes.
``(3) Be located in the capital city of the host
state.
``(4) Meet at least once a year and upon the call
of the chair, or any member. The governor of the host
state shall appoint a chair and vice-chair.
``(5) Keep an accurate account of all receipts and
disbursements. An annual audit of the books of the
commission shall be conducted by an independent
certified public accountant, and the audit report shall
be made a part of the annual report of the commission.
``(6) Approve a budget each year and establish a
fiscal year that conforms to the fiscal year of the
host state.
``(7) Prepare, adopt, and implement contingency
plans for the disposal and management of low-level
radioactive waste in the event that the compact
facility should be closed. Any plan which requires the
host state to store or otherwise manage the low-level
radioactive waste from all the party states must be
approved by at least four host state members of the
commission. The commission, in a contingency plan or
otherwise, may not require a non-host party state to
store low-level radioactive waste generated outside of
the state.
``(8) Submit communications to the governors and to
the presiding officers of the legislatures of the party
states regarding the activities of the commission,
including an annual report to be submitted on or before
January 31 of each year.
``(9) Assemble and make available to the party
states, and to the public, information concerning low-
level radioactive waste management needs, technologies,
and problems.
``(10) Keep a current inventory of all generators
within the party states, based upon information
provided by the party states.
``(11) By no later than 180 days after all members
of the commission are appointed under Section 3.01 of
this article, establish by rule the total volume of
low-level radioactive waste that the host state will
dispose of in the compact facility in the years 1995-
2045, including decommissioning waste. The shipments of
low-level radioactive waste from all non-host party
states shall not exceed 20 percent of the volume
estimated to be disposed of by the host state during
the 50-year period. When averaged over such 50-year
period, the total of all shipments from non-host party
states shall not exceed 20,000 cubic feet a year. The
commission shall coordinate the volumes, timing, and
frequency of shipments from generators in the non-host
party states in order to assure that over the life of
this agreement shipments from the non-host party states
do not exceed 20 percent of the volume projected by the
commission under this paragraph.
``Sec. 3.05. The commission may:
``(1) Employ staff necessary to carry out its
duties and functions. The commission is authorized to
use to the extent practicable the services of existing
employees of the party states. Compensation shall be as
determined by the commission.
``(2) Accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from
the federal or state government. The nature, amount and
condition, if any, of any donation, grant or other
resources accepted pursuant to this paragraph and the
identity of the donor or grantor shall be detailed in
the annual report of the commission.
``(3) Enter into contracts to carry out its duties
and authority, subject to projected resources. No
contract made by the commission shall bind a party
state.
``(4) Adopt, by a majority vote, bylaws and rules
necessary to carry out the terms of this compact. Any
rules promulgated by the commission shall be adopted in
accordance with the Administrative Procedure and Texas
Register Act (Article 6252-13a, Vernon's Texas Civil
Statutes).
``(5) Sue and be sued and, when authorized by a
majority vote of the members, seek to intervene in
administrative or judicial proceedings related to this
compact.
``(6) Enter into an agreement with any person,
state, regional body, or group of states for the
importation of low-level radioactive waste into the
compact for management or disposal, provided that the
agreement receives a majority vote of the commission.
The commission may adopt such conditions and
restrictions in the agreement as it deems advisable.
``(7) Upon petition, allow an individual generator,
a group of generators, or the host state of the
compact, to export low-level waste to a low-level
radioactive waste disposal facility located outside the
party states. The commission may approve the petition
only by a majority vote of its members. The permission
to export low-level radioactive waste shall be
effective for that period of time and for the specified
amount of low-level radioactive waste, and subject to
any other term or condition, as is determined by the
commission.
``(8) Monitor the exportation outside of the party
states of material, which otherwise meets the criteria
of low-level radioactive waste, where the sole purpose
of the exportation is to manage or process the material
for recycling or waste reduction and return it to the
party states for disposal in the compact facility.
``Sec. 3.06. Jurisdiction and venue of any action
contesting any action of the commission shall be in the United
States District Court in the district where the commission
maintains its office.
``article iv. rights, responsibilities, and obligations of party states
``Sec. 4.01. The host state shall develop and have full
administrative control over the development, management and
operation of a facility for the disposal of low-level
radioactive waste generated within the party states. The host
state shall be entitled to unlimited use of the facility over
its operating life. Use of the facility by the non-host party
states for disposal of low-level radioactive waste, including
such waste resulting from decommissioning of any nuclear
electric generation facilities located in the party states, is
limited to the volume requirements of Section 3.04(11) of
Article III.
``Sec. 4.02. Low-level radioactive waste generated within
the party states shall be disposed of only at the compact
facility, except as provided in Section 3.05(7) of Article III.
``Sec. 4.03. The initial states of this compact cannot be
members of another low-level radioactive waste compact entered
into pursuant to the Act.
``Sec. 4.04. The host state shall do the following:
``(1) Cause a facility to be developed in a timely
manner and operated and maintained through the
institutional control period.
``(2) Ensure, consistent with any applicable
federal and host state laws, the protection and
preservation of the environment and the public health
and safety in the siting, design, development,
licensing, regulation, operation, closure,
decommissioning, and long-term care of the disposal
facilities within the host state.
``(3) Close the facility when reasonably necessary
to protect the public health and safety of its citizens
or to protect its natural resources from harm. However,
the host state shall notify the commission of the
closure within three days of its action and shall,
within 30 working days of its action, provide a written
explanation to the commission of the closure, and
implement any adopted contingency plan.
``(4) Establish reasonable fees for disposal at the
facility of low-level radioactive waste generated in
the party states based on disposal fee criteria set out
in Sections 402.272 and 402.273, Texas Health and
Safety Code. The same fees shall be charged for the
disposal of low-level radioactive waste that was
generated in the host state and in the non-host party
states. Fees shall also be sufficient to reasonably
support the activities of the Commission.
``(5) Submit an annual report to the commission on
the status of the facility, including projections of
the facility's anticipated future capacity, and on the
related funds.
``(6) Notify the Commission immediately upon the
occurrence of any event which could cause a possible
temporary or permanent closure of the facility and
identify all reasonable options for the disposal of
low-level radioactive waste at alternate compact
facilities or, by arrangement and Commission vote, at
noncompact facilities.
``(7) Promptly notify the other party states of any
legal action involving the facility.
``(8) Identify and regulate, in accordance with
federal and host state law, the means and routes of
transportation of low-level radioactive waste in the
host state.
``Sec. 4.05. Each party state shall do the following:
``(1) Develop and enforce procedures requiring low-
level radioactive waste shipments originating within
its borders and destined for the facility to conform to
packaging, processing, and waste form specifications of
the host state.
``(2) Maintain a registry of all generators within
the state that may have low-level radioactive waste to
be disposed of at a facility, including, but not
limited to, the amount of low-level radioactive waste
and the class of low-level radioactive waste generated
by each generator.
``(3) Develop and enforce procedures requiring
generators within its borders to minimize the volume of
low-level radioactive waste requiring disposal. Nothing
in this compact shall prohibit the storage, treatment,
or management of waste by a generator.
``(4) Provide the commission with any data and
information necessary for the implementation of the
commission's responsibilities, including taking those
actions necessary to obtain this data or information.
``(5) Pay for community assistance projects
designated by the host county in an amount for each
non-host party state equal to 10 percent of the payment
provided for in Article V for each such state. One-half
of the payment shall be due and payable to the host
county on the first day of the month following
ratification of this compact agreement by Congress and
one-half of the payment shall be due and payable on the
first day of the month following the approval of a
facility operating license by the host state's
regulatory body.
``(6) Provide financial support for the
commission's activities prior to the date of facility
operation and subsequent to the date of congressional
ratification of this compact under Section 7.07 of
Article VII. Each party state will be responsible for
annual payments equalling its pro-rata share of the
commission's expenses, incurred for administrative,
legal, and other purposes of the commission.
``(7) If agreed by all parties to a dispute, submit
the dispute to arbitration or other alternate dispute
resolution process. If arbitration is agreed upon, the
governor of each party state shall appoint an
arbitrator. If the number of party states is an even
number, the arbitrators so chosen shall appoint an
additional arbitrator. The determination of a majority
of the arbitrators shall be binding on the party
states. Arbitration proceedings shall be conducted in
accordance with the provisions of 9 U.S.C. Sections 1
to 16. If all parties to a dispute do not agree to
arbitration or alternate dispute resolution process,
the United States District Court in the district where
the commission maintains its office shall have original
jurisdiction over any action between or among parties
to this compact.
``(8) Provide on a regular basis to the commission
and host state--
``(A) an accounting of waste shipped and
proposed to be shipped to the compact facility,
by volume and curies;
``(B) proposed transportation methods and
routes; and
``(C) proposed shipment schedules.
``(9) Seek to join in any legal action by or
against the host state to prevent nonparty states or
generators from disposing of low-level radioactive
waste at the facility.
``Sec. 4.06. Each party state shall act in good faith and
may rely on the good faith performance of the other party
states regarding requirements of this compact.
``article v. party state contributions
``Sec. 5.01. Each party state, except the host state, shall
contribute a total of $25 million to the host state. Payments
shall be deposited in the host state treasury to the credit of
the low-level waste fund in the following manner except as
otherwise provided. Not later than the 60th day after the date
of congressional ratification of this compact, each non-host
party state shall pay to the host state $12.5 million. Not
later than the 60th day after the date of the opening of the
compact facility, each non-host party state shall pay to the
host state an additional $12.5 million.
``Sec. 5.02. As an alternative, the host state and the non-
host states may provide for payments in the same total amount
as stated above to be made to meet the principal and interest
expense associated with the bond indebtedness or other form of
indebtedness issued by the appropriate agency of the host state
for purposes associated with the development, operation, and
post-closure monitoring of the compact facility. In the event
the member states proceed in this manner, the payment schedule
shall be determined in accordance with the schedule of debt
repayment. This schedule shall replace the payment schedule
described in Section 5.01 of this article.
``article vi. prohibited acts and penalties
``Sec. 6.01. No person shall dispose of low-level
radioactive waste generated within the party states unless the
disposal is at the compact facility, except as otherwise
provided in Section 3.05(7) of Article III.
``Sec. 6.02. No person shall manage or dispose of any low-
level radioactive waste within the party states unless the low-
level radioactive waste was generated within the party states,
except as provided in Section 3.05(6) of Article III. Nothing
herein shall be construed to prohibit the storage or management
of low-level radioactive waste by a generator, nor its disposal
pursuant to 10 C.F.R. Part 20.302.
``Sec. 6.03. Violations of this article may result in
prohibiting the violator from disposing of low-level
radioactive waste in the compact facility, or in the imposition
of penalty surcharges on shipments to the facility, as
determined by the commission.
``article vii. eligibility, entry into effect; congressional consent;
withdrawal; exclusion
``Sec. 7.01. The states of Texas, Maine, and Vermont are
party states to this compact. Any other state may be made
eligible for party status by a majority vote of the commission
and ratification by the legislature of the host state, subject
to fulfillment of the rights of the initial non-host party
states under Section 3.04(11) of Article III and Section 4.01
of Article IV, and upon compliance with those terms and
conditions for eligibility that the host state may establish.
The host state may establish all terms and conditions for the
entry of any state, other than the states named in this
section, as a member of this compact; provided, however, the
specific provisions of this compact, except for those
pertaining to the composition of the commission and those
pertaining to Section 7.09 of this article, may not be changed
except upon ratification by the legislatures of the party
states.
``Sec. 7.02. Upon compliance with the other provisions of
this compact, a state made eligible under Section 7.01 of this
article may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact. A state becoming a party state by
executive order shall cease to be a party state upon
adjournment of the first general session of its legislature
convened after the executive order is issued, unless before the
adjournment, the legislature enacts this compact.
``Sec. 7.03. Any party state may withdraw from this compact
by repealing enactment of this compact subject to the
provisions herein. In the event the host state allows an
additional state or additional states to join the compact, the
host state's legislature, without the consent of the non-host
party states, shall have the right to modify the composition of
the commission so that the host state shall have a voting
majority on the commission, provided, however, that any
modification maintains the right of each initial party state to
retain one voting member on the commission.
``Sec. 7.04. If the host state withdraws from the compact,
the withdrawal shall not become effective until five years
after enactment of the repealing legislation and the non-host
party states may continue to use the facility during that time.
The financial obligation of the non-host party states under
Article V shall cease immediately upon enactment of the
repealing legislation. If the host state withdraws from the
compact or abandons plans to operate a facility prior to the
date of any non-host party state payment under Sections 4.05(5)
and (6) of Article IV or Article V, the non-host party states
are relieved of any obligations to make the contributions. This
section sets out the exclusive remedies for the non-host party
states if the host state withdraws from the compact or is
unable to develop and operate a compact facility.
``Sec. 7.05. A party state, other than the host state, may
withdraw from the compact by repealing the enactment of this
compact, but this withdrawal shall not become effective until
two years afterthe effective date of the repealing legislation.
During this two-year period the party state will continue to have
access to the facility. The withdrawing party shall remain liable for
any payments under Sections 4.05(5) and (6) of Article IV that were due
during the two-year period, and shall not be entitled to any refund of
payments previously made.
``Sec. 7.06. Any party state that substantially fails to
comply with the terms of the compact or to fulfill its
obligations hereunder may have its membership in the compact
revoked by a seven-eighths vote of the commission following
notice that a hearing will be scheduled not less than six
months from the date of the notice. In all other respects,
revocation proceedings undertaken by the commission will be
subject to the Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes), except that
a party state may appeal the commission's revocation decision
to the United States District Court in accordance with Section
3.06 of Article III. Revocation shall take effect one year from
the date such party state receives written notice from the
commission of a final action. Written notice of revocation
shall be transmitted immediately following the vote of the
commission, by the chair, to the governor of the affected party
state, all other governors of party states, and to the United
States Congress.
``Sec. 7.07. This compact shall take effect following its
enactment under the laws of the host state and any other party
state and thereafter upon the consent of the United States
Congress and shall remain in effect until otherwise provided by
federal law. If Texas and either Maine or Vermont ratify this
compact, the compact shall be in full force and effect as to
Texas and the other ratifying state, and this compact shall be
interpreted as follows:
``(1) Texas and the other ratifying state are the
initial party states.
``(2) The commission shall consist of two voting
members from the other ratifying state and six from
Texas.
``(3) Each party state is responsible for its pro-
rata share of the commission's expenses.
``Sec. 7.08. This compact is subject to review by the
United States Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.
``Sec. 7.09. The host state legislature, with the approval
of the governor, shall have the right and authority, without
the consent of the non-host party states, to modify the
provisions contained in Section 3.04(11) of Article III to
comply with Section 402.219(c)(1), Texas Health & Safety Code,
as long as the modification does not impair the rights of the
initial non-host party states.
``article viii. construction and severability
``Sec. 8.01. The provisions of this compact shall be
broadly construed to carry out the purposes of the compact, but
the sovereign powers of a party shall not be infringed upon
unnecessarily.
``Sec. 8.02. This compact does not affect any judicial
proceeding pending on the effective date of this compact.
``Sec. 8.03. No party state acquires any liability, by
joining this compact, resulting from the siting, operation,
maintenance, long-term care or any other activity relating to
the compact facility. No non-host party state shall be liable
for any harm or damage from the siting, operation, maintenance,
or long-term care relating to the compact facility. Except as
otherwise expressly provided in this compact, nothing in this
compact shall be construed to alter the incidence of liability
of any kind for any act or failure to act. Generators,
transporters, owners and operators of the facility shall be
liable for their acts, omissions, conduct or relationships in
accordance with applicable law. By entering into this compact
and securing the ratification by Congress of its terms, no
party state acquires a potential liability under section
5(d)(2)(C) of the Act (42 U.S.C. Sec. 2021e(d)(2)(C)) that did
not exist prior to entering into this compact.
``Sec. 8.04. If a party state withdraws from the compact
pursuant to Section 7.03 of Article VII or has its membership
in this compact revoked pursuant to section 7.06 of Article
VII, the withdrawal or revocation shall not affect any
liability already incurred by or chargeable to the affected
state under Section 8.03 of this article.
``Sec. 8.05. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of
this compact is declared by a court of competent jurisdiction
to be contrary to the constitution of any participating state
or of the United States or the applicability thereof to any
government, agency, person or circumstances is held invalid,
the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby to the extent the
remainder can in all fairness be given effect. If any provision
of this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in
full force and effect as to the state affected as to all
severable matters.
``Sec. 8.06. Nothing in this compact diminishes or
otherwise impairs the jurisdiction, authority, or discretion of
either of the following:
``(1) The United States Nuclear Regulatory
Commission pursuant to the Atomic Energy Act of 1954,
as amended (42 U.S.C. Sec. 2011 et seq.).
``(2) An agreement state under section 274 of the
Atomic Energy Act of 1954, as amended (42 U.S.C. Sec.
2021).
``Sec. 8.07. Nothing in this compact confers any new
authority on the states or commission to do any of the
following:
``(1) Regulate the packaging or transportation of
low-level radioactive waste in a manner inconsistent
with the regulations of the United States Nuclear
Regulatory Commission or the United States Department
of Transportation.
``(2) Regulate health, safety, or environmental
hazards from source, by-product, or special nuclear
material.
``(3) Inspect the activities of licensees of the
agreement states or of the United States Nuclear
Regulatory Commission.''.
And the Senate agree to the same.
For consideration of the House bill and Senate
amendment, and modifications committed to
conference:
Tom Bliley,
Dan Schaefer,
Joe Barton,
John D. Dingell,
Ralph M. Hall,
Managers on the Part of the House.
Strom Thurmond,
Orrin Hatch,
Patrick Leahy,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill H.R. 629, to grant the
consent of the Congress to the Texas Low-Level Radioactive
Waste Disposal Compact, submit the following joint statement to
the House and the Senate in explanation of the effect of the
action agreed upon by the managers and recommended in the
accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the House
bill and the Senate amendment. The differences between the
House bill, the Senate amendment, and the substitute agreed to
in conference are noted below, except for clerical corrections,
conforming changes made necessary by agreements reached by the
conferees, and minor drafting and clerical changes.
Sec. 1. Short Title.
House bill
The House bill cites this Act as the Texas Low-Level
Radioactive Waste Disposal Compact Consent Act.
Senate amendment
The Senate amendment contains an identical provision.
Conference agreement
The Senate recedes.
Sec. 2. Congressional Finding.
House bill
The House bill makes a finding that the low-level
radioactive waste disposal Compact between the States of Texas,
Maine, and Vermont is in furtherance of the Low-Level
Radioactive Waste Policy Act.
Senate amendment
The Senate amendment contains a similar provision.
Conference agreement
The Senate recedes.
Sec. 3. Conditions of Consent to Compact
House bill
The House bill establishes the following conditions on
the consent of the Congress to the Compact: (1) that the
Compact shall become effective on the date of enactment of this
Act; (2) that consent is granted under the authority provided
by the Low-Level Radioactive Waste Policy Act; (3) that consent
is conditioned by the Compact Commission's compliance with all
requirements of the Low-Level Radioactive Waste Policy Act; and
(4) that consent is granted only for so long as no low-level
radioactive waste is brought into Texas from any State other
than Maine or Vermont.
Senate amendment
The Senate amendment contains a similar provision. In
addition, the amendment requires the party States and
Commission to consent to civil suits by the Attorney General of
the United States or by a member of an affected community if
evidence is obtained that the party States or Commission have
failed to comply with the conditions.
Conference agreement
The Senate recedes, with a modification. The conference
agreement does not include the condition on consent which
restricts the Compact from accepting low-level radioactive
waste at the Texas facility from any State other than Maine or
Vermont.
Sec. 4. Congressional Review
House bill
The House bill provides that the Congress may alter,
amend, or repeal this Act after the expiration of the ten year
period following the date of enactment of this Act, and at such
intervals thereafter as provided in the Texas Compact.
Senate amendment
The Senate amendment contains a similar provision.
Conference agreement
The Senate recedes.
Sec. 5. Additional Condition on Consent to Compact
House bill
No provision.
Senate amendment
The Senate amendment establishes a condition of
Congressional consent that the compact not be implemented in
any way that discriminates against any community (through
disparate treatment or disparate impact) by reason of the
composition of the community in terms of race, color, national
origin or income level. In addition, the amendment requires the
party States and Commission to consent to civil suits by the
Attorney General of the United States or by a member of an
affected community if evidence is obtained that the party
States or Commission have failed to comply with this condition.
Conference agreement
The Senate recedes.
Sec. 6. Texas Low-Level Radioactive Waste Disposal Compact
House bill
The House bill provides the consent of the Congress to
the Texas Compact and contains the text of the law passed by
the States of Texas, Maine, and Vermont establishing the
Compact.
Senate amendment
The Senate amendment contains a similar provision.
Conference agreement
The House recedes.
For consideration of the House bill and Senate
amendment, and modifications committed to
conference:
Tom Bliley,
Dan Schaefer,
Joe Barton,
John D. Dingell,
Ralph M. Hall,
Managers on the Part of the House.
Strom Thurmond,
Orrin Hatch,
Patrick Leahy,
Managers on the Part of the Senate.