H. R. 629—10
‘‘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 enter-
ing into this compact.
‘‘SEC. 8.04. If a party state withdraws from the compact pursu-
ant to Section 7.03 of Article VII or has its membership in this
compact revoked pursuant to section 7.06 of Article VII, the with-
drawal 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, per-
son 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 constitu-
tion 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.
H. R. 629—11
‘‘(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.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.