[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.

                                
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