May 19, 1988

Today, I am signing into law H.R. 3025, legislation granting congressional consent to the Appalachian States Low-Level Radioactive Waste Compact.

In granting its consent to the creation of this Compact, the Congress has given its approval to yet another effort at the State level to resolve concerns regarding radioactive waste. More than three-quarters of the States have now entered such compacts, demonstrating the major progress that has been achieved in addressing the problem of radioactive waste. Our continued success in this effort, along with the passage of last year's amendments to the Nuclear Waste Policy Act, underscore this Nation's commitment to take those actions needed to ensure the future availability of nuclear power as an energy supply option for this country. Continued growth in the availability of nuclear power promises significant benefits to our energy security, decreasing this Nation's reliance on insecure sources of foreign oil.

In signing this bill, I note that one of the many provisions of the Compact suffers from a constitutional defect in that it assigns Federal law enforcement responsibilities to the Appalachian States Low-Level Radioactive Waste Commission, but does not require that the Commission be appointed in a manner consistent with the Appointments Clause of the Constitution. Any effort by the Commission to enforce Federal regulations would contravene the Constitution. While I hope that no such effort would occur, I expect the Nuclear Regulatory Commission to take note of and report to the Attorney General on any such actions of the Commission in this area.

Ronald Reagan

The White House,

May 19, 1988.

Note: H.R. 3025, approved May 19, was assigned Public Law No. 100 - 319.