[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19254-S19259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM:
      
[[Page S19254]]

  S. 1504. A bill to control crime by mandatory victim restitution; to 
the Committee on the Judiciary.


                     victim restitution legislation

  Mr. ABRAHAM. Mr. President, I rise today to introduce S. 1504, the 
Victims Restitution Enforcement Act of 1995. I do so because I am 
convinced that justice demands we devise an effective mechanism for 
enforcing orders of restitution owed by criminals to the victims of 
their crimes.
  We take an important step today with the adoption of H.R. 665. This 
bill makes restitution mandatory and thereby sends a clear message to 
criminals that they will be made to pay for their crimes. I also 
believe it is critical that we let victims know that at last they will 
be entitled to some relief.
  In order to help realize the promise of H.R. 665's mandatory victim 
restitution, however, I believe further steps are needed. To that end, 
the bill I am introducing today will bring important and needed changes 
to the enforcement mechanisms covering orders of restitution in Federal 
court. This bill will further ensure that restitution payments from 
criminals to their victims become a reality.
  S. 1504 will provide four major advantages to victims named in 
criminal restitution orders.
  First, restitution orders would be enforceable as a civil debt and 
payable immediately.
  Right now, most restitution is collected entirely through the 
criminal justice system. It is frequently paid as directed by the 
probation officer, which means restitution payments can't begin until 
the prisoner is released. This bill makes restitution orders payable 
immediately, as a civil debt, speeding recovery and impeding attempts 
to avoid payment.
  Without this provision, it will remain easier for the Government to 
go after students who have defaulted on their student loans than it is 
for the Government to enforce an order of restitution against convicted 
criminals. Of course, this provision will impose no criminal penalties 
on those unable to pay. It will simply allow civil collection against 
those who have assets.
  Second, this bill will add a whole new arsenal of weapons for 
collecting victim restitution payments. If the debt is payable 
immediately all normal civil collection procedures--principally the 
Federal Debt Collection Act--can be used. This bill also explicitly 
gives victims access to other extensive civil procedures already in 
place for the collection of debts.
  We want to make criminals pay, not burden our courts or our Federal 
criminal prosecutors. Thus we should not be unilaterally deciding to 
place enforcement of all victim restitution within the criminal 
process, but should permit the Attorney General to place responsibility 
for collecting restitution payments on Government attorneys charged 
with collecting other civil debts.

  Third, this bill will make restitution judgments subject to criminal 
enforcement for 5 years.
  Current law only allows enforcement of an order of restitution by the 
United States in the same manner as fines are enforced, permitting the 
limited use of some criminal sanctions. Presently, for example, the 
court will be permitted to resentence a criminal who wilfully refuses 
to make restitution payments--but nothing short of that.
  This bill will add a variety of less draconian criminal sanctions to 
the court's arsenal, such as modification of the terms or conditions of 
parole, extension of the defendant's probation or supervised release, 
or revocation of probation or supervised release.
  The bill will thus retain the fines mechanism, and improve on the 
criminal sanctions, as well as add a number of purely civil methods of 
debt collection.
  Fourth, this legislation will give the courts power to impose 
presentence restraints on defendant's use of their assets in 
appropriate cases. This will prevent well-heeled defendants from 
dissipating assets prior to sentencing.
  Without this provision the whole victim restitution law may well be 
useless in many cases. Even in those rare cases in which a defendant 
has the means to pay full restitution at once, if the court has no 
capacity to prevent the defendant from spending ill-gotten gains prior 
to the sentencing phase, frequently there will be nothing left for the 
victim by the time the restitution order is entered.
  The provisions permitting pre-sentence restraints are similar to 
other such provisions that already exist in the law for private civil 
actions and asset forfeiture cases. For example, they require a court 
hearing and place a preponderance of the evidence burden on the 
Government.
  Finally, this bill will prevent the defendant from denying the 
essential findings underlying a criminal restitution judgment in any 
future civil action brought by the victim.
  All victims named in a restitution order will be able to bring a 
civil action to enforce the order in State court without having to 
relitigate the essential findings of the criminal judgment against the 
defendant.
  This provision merely corrects an aberration in the law.
  Currently the United States and some--but not all--victims are 
permitted to use the criminal judgment in subsequent civil proceedings.
  Indeed, under current law, the only victims who absolutely cannot use 
the essential findings of a criminal judgment in a subsequent civil 
action are victims who happen to live in states with mutuality 
requirements for collateral estoppel, and who have been victims of 
crimes in which the defendant did not plead guilty.
  This makes no sense. In such instances there has already been a full 
criminal trial in Federal court convicting the defendant under a higher 
burden of proof than is required in a civil action.
  Ordinarily, the victim would be able to take advantage of the 
criminal conviction, just as the United States can. And in fact, 
victims are often able to use anything the criminal has agreed to in a 
plea bargain because those statements constitute judicial admissions.
  But because of a clause in the law that limits the effect of criminal 
judgments in subsequent civil actions to the extent that would be 
permitted by state law, these Federal criminal judgments are, in some 
cases, not accorded the effect they are due. For the sake of judicial 
economy alone, this should be corrected.
  If we are willing to take the step of making some crimes subject to 
mandatory restitution, as we do in the victim restitution bill today, I 
believe we should take the additional step of making those mandatorily-
issued orders easily enforceable.
  This is why I urge my colleagues to join me in supporting these 
further steps to make victim restitution work that are contained in my 
victim restitution bill.
                                 ______

      By Mr. LOTT (for himself, Mr. Breaux and Mrs. Hutchison):
  S. 1505. A bill to reduce risk to public safety and the environment 
associated with pipeline transportation of natural gas and hazardous 
liquids, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.


          THE ACCOUNTABLE PIPELINE SAFETY AND PARTNERSHIP ACT

  Mr. LOTT. Mr. President, I rise today as chairman of the Surface 
Transportation Subcommittee to introduce the Accountable Pipeline 
Safety and Partnership Act. It is the necessary reauthorization 
legislation for the Office of Pipeline Safety [OPS] in the Department 
of Transportation.
  This is important legislation because it will reauthorize the Federal 
program with regulatory authority for approximately 2 million miles of 
natural gas pipelines and nearly 200,000 miles of hazardous liquid 
pipelines. In the lower 48 States and Hawaii, there are 700 different 
operators who manage these pipelines. This bill does not affect the 
Federal statute that regulates the Alaskan pipeline.
  The goal of my legislation is accurately reflected in three words 
from the title--accountable, safety, and partnership. The bill gives 
the Office of Pipeline Safety the necessary tools to shift the program 
away from a very prescriptive, command-and-control approach to a 
responsible risk-based management partnership which continues to ensure 
industry's accountability and the public's safety.
  According to the National Transportation Safety Board [NTSB], 
transportation of natural gas and liquids by pipelines is by far the 
safest mode of 

[[Page S19255]]
conveyance. NTSB's 1994 transportation safety data highlight this fact. 
Out of 43,134 transportation facilities, only 22--just 0.05 percent--
were related to pipelines.
  Let me be absolutely clear: I want to send an unambiguous signal here 
today on the Senate floor and through the text of this bill that 
pipeline safety will not be jeopardized.
  In fact, I would assert that the public's safety will be enhanced 
through a more effective Government and industry pipeline safety 
partnership that is proposed by this bill.
  Through this legislation, Congress will recognize and appreciate this 
relationship. Pipeline operators, who are responsible for day-to-day 
safe operations, experience many adverse consequences from accidents on 
their systems. Therefore, pipeline operators have a direct and 
compelling reason to work hard to keep their system and the public 
safe.
  There is another partnership role which must be acknowledged and that 
is the active and positive involvement of States which also direct 
resources at pipeline monitoring.
  The governmental role is two-tiered: OPS for the Federal Government 
and State agencies. Together their mission is to inspect, audit, and 
enforce pipeline compliance and safety activities.
  Historically, the regulations governing safety for transmission and 
utility pipelines have been modeled or based upon industry-developed 
standards and practices. The most effective procedures have formed the 
core of today's pipeline safety regulations.
  However, recent legislative proposals would, in effect, add 
unnecessary layers of regulations in direct response to specific 
atypical incidents. This has diverted resources. This is what this 
legislation will address using the same three words from the bill's 
title as my philosophical underpinning--accountable, safety, 
partnership.
  For the past 2\1/2\ years, OPS has worked with natural gas and 
hazardous liquid pipeline operators and other interested parties to 
find better ways to address the issues inherent to pipeline safety. 
Their goal is to promulgate new reasonable, effective and cost 
efficient regulations. OPS is currently analyzing the actual risks 
juxtaposed to existing regulations to determine what is useful and what 
is unnecessary.
  This process develops a regulatory approach which provides companies 
with greater flexibility in protecting both their systems and the 
public's safety. I built upon this activity, and it served as the 
starting point for a legislative approach which is incorporated into 
this reauthorization.
  It is worthwhile to note that the major provisions of this bill were 
drafted through a genuine bipartisan effort. This bill reflects real 
input and informal consultation with the regulated industry, national 
associations representing personnel who are actively involved in 
pipeline safety, and Administration officials. Technical assistance was 
also provided throughout the drafting process from the Congressional 
Research Service. I appreciate all of the invaluable suggestions during 
the development of this legislation.
  There are four major provisions within the legislation.
  First, it establishes a new risk assessment combined with a detailed 
cost-benefit analysis followed by an independently verified peer review 
for all future regulations. The process is streamlined and meets the 
American common sense test. President Clinton's Executive Order 12866 
provided the framework for this bill's new regulatory approach. It also 
takes advantage of risk models being developed by OPS.
  Second, it authorizes a 4-year demonstration project under which 
companies can voluntarily develop individually tailored risk management 
plans. These plans must be approved by the Department of 
Transportation. OPS will monitor the plans to ensure that operations 
will provide equal or greater safety protection than existing 
regulations.
  Third, it authorizes funding for the OPS in such a manner that money 
will be double the projected inflation rate through the end of this 
century. Each year the funding will increase by 6-percent. Because OPS 
is funded entirely by user fees assessed on pipelines, these funds must 
be concentrated on OPS's primary mission of monitoring pipeline safety 
on the public's behalf.
  Fourth, it clarifies the Pipeline Safety Act of 1992. This will 
remove confusions which have hampered finalizing several rules.
  My intention is straightforward: to focus OPS regulatory resources on 
areas where there are significant nationwide pipeline safety risks, and 
to identify and develop cost-effective regulatory means for addressing 
these risks.
  The bill will ensure that America's taxpayers get the maximum safety 
value from their OPS investment. It will lead to a responsible 
allocation of limited resources to increase public safety.
  It will prevent a hidden tax on natural gas consumers resulting from 
an excessive increase in user fees to duplicate ongoing industry 
research.
  It also means that rules will be clarified to accommodate changes 
affecting issues like smart pig retrofitting and explicit definitions 
for unusually sensitive environmental areas.
  There will always be some who will argue that the Government must 
spend more and more money for safety concerns. My response is that 
safety is not just a function of how much the government spends. I 
believe the critical factor is how the money is spent--not how much. 
This bill deals with how. The NTSB Safety data makes the case that the 
excellent safety record for pipelines does not indicate that increased 
funding is needed.
  This legislation is both responsible and balanced.
  Amercian taxpayers win.
  Government regulators win.
  Regulatory reform wins.
  I want to thank my colleagues who are my initial cosponsors, and I 
look forward to other Senators joining me as cosponsors of this 
important reauthorization bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1505

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Accountable Pipeline Safety 
     and Partnership Act of 1995''.

      SEC. 2. REFERENCES.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

      SEC. 3. DEFINITIONS.

       (a) In General.--Section 60101(a) is amended--
       (1) in each of paragraphs (1) through (22), by striking the 
     period at the end and inserting a semicolon;
       (2) in paragraph (21), by striking subparagraph (B) and 
     inserting the following:
       ``(B) does not include the gathering of gas, other than 
     gathering through regulated gathering lines, in those rural 
     locations that are located outside the limits of any 
     incorporated or unincorporated city, town, or village, or any 
     other designated residential or commercial area (including a 
     subdivision, business, shopping center, or community 
     development) or any similar populated area that the Secretary 
     of Transportation determines to be a nonrural area, except 
     that the term `transporting gas' includes the movement of gas 
     through regulated gathering lines;''; and
       (3) by adding at the end the following:
       ``(23) `benefits' means the reasonably identifiable or 
     estimated safety, environmental, and economic benefits that 
     are reasonably expected to result directly or indirectly from 
     the implementation of a standard, regulatory requirement, or 
     option;
       ``(24) `costs' means, with respect to the implementation 
     of, or compliance with, a standard, regulatory requirement, 
     or option, the estimated or actual direct and indirect costs 
     of that implementation or compliance;
       ``(25) `incremental benefit' or `incremental cost' means 
     the additional estimated benefit or cost that--
       ``(A) would be caused by a particular action (whether 
     regulatory or nonregulatory) in comparison with other options 
     that may be taken in lieu of that action; and
       ``(B) is based on quantifiable or qualifiable assessments 
     that use generally available and reasonably obtainable 
     scientific or economic data;
       ``(26) `risk management' means the systematic application, 
     by the owner or operator of a pipeline facility, of 
     management policies, procedures, finite resources, and 
     practices to the tasks of analyzing, assessing, and 
     minimizing risk in order to protect employees, the general 
     public, the environment, and pipeline facilities;
     
[[Page S19256]]

       ``(27) `risk management plan' means a management plan 
     utilized by a gas or hazardous liquid pipeline facility owner 
     or operator that encompasses risk management; and
       ``(28) `Secretary' means--
       ``(A) the Secretary of Transportation; or
       ``(B) if applicable, any person to whom the Secretary of 
     Transportation delegates authority with respect to a matter 
     concerned.''.
       (b) Gathering Lines.--Section 60101(b)(2) is amended by 
     inserting ``, if appropriate,'' after ``Secretary'' the first 
     place it appears.

      SEC. 4. GENERAL AUTHORITY.

       (a) Minimum Safety Standards.--Section 60102(a) is 
     amended--
       (1) in paragraph (1), by striking subparagraph (C) and 
     inserting the following:
       ``(C) shall include a requirement that all individuals who 
     operate and maintain pipeline facilities shall be qualified 
     to operate and maintain the pipeline facilities.''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) The qualifications applicable to an individual who 
     operates and maintains a pipeline facility shall address the 
     ability to recognize and react appropriately to abnormal 
     operating conditions that may indicate a dangerous situation 
     or a condition exceeding design limits. The operator of a 
     pipeline facility shall ensure that employees who operate and 
     maintain the facility are qualified to operate and maintain 
     the pipeline facilities.''.
       (b) Practicability and Safety Needs Standards.--Section 
     60102(b) is amended to read as follows:
       ``(b) Practicability and Safety Needs.--
       ``(1) In general.--A standard prescribed under subsection 
     (a) shall be--
       ``(A) practicable; and
       ``(B) designed to meet the need for--
       ``(i) gas pipeline safety;
       ``(ii) safely transporting hazardous liquids; and
       ``(iii) protecting the environment.
       ``(2) Factors for consideration.--Except as provided in 
     section 60112, when prescribing a standard under this section 
     or section 60101(b), 60103, 60108, 60109, 60110, or 60113, 
     the Secretary shall consider--
       ``(A) relevant available--
       ``(i) gas pipeline safety information; or
       ``(ii) hazardous liquid pipeline safety and environmental 
     protection information;
       ``(B) the appropriateness of the standard for the 
     particular type of pipeline transportation or facility;
       ``(C) the reasonableness of the standard;
       ``(D) based on a risk assessment, the extent to which the 
     standard will benefit public safety and the protection of the 
     environment;
       ``(E) the costs of compliance with the standard;
       ``(F) comments and information received from the public; 
     and
       ``(G) the comments and recommendations of the Technical 
     Pipeline Safety Standards Committee described in section 
     60115 and the Liquid Pipeline Safety Standards Committee 
     described in section 60115.
       ``(3) Risk assessment document.--In prescribing a standard 
     referred to in paragraph (2), the Secretary shall prepare a 
     risk assessment document that--
       ``(A) identifies the regulatory and nonregulatory options 
     that the Secretary considered in prescribing a proposed 
     standard;
       ``(B) identifies the incremental costs and incremental 
     benefits with respect to public safety and the protection of 
     the environment that are associated with the proposed 
     standard;
       ``(C) includes--
       ``(i) an explanation of the reasons for the selection of 
     the proposed standard in lieu of the other options 
     identified; and
       ``(ii) with respect to each of those other options, a brief 
     explanation of the reasons that the Secretary found that 
     option to be less cost-effective or flexible than the 
     proposed standard; and
       ``(D) provides any technical data or other information upon 
     which the risk assessment document and proposed standard is 
     based.
       ``(4) Review.--
       ``(A) In general.--The Secretary shall--
       ``(i) submit each risk assessment document prepared under 
     this section to the Technical Pipeline Safety Standards 
     Committee described in section 60115 or the Hazardous Liquid 
     Pipeline Safety Standards Committee described in section 
     60115, or both, as appropriate; and
       ``(ii) make that document available to the general public.
       ``(B) Peer review panels.--The committees referred to in 
     subparagraph (A) shall serve as peer review panels to review 
     risk assessment documents prepared under this section. Not 
     later than 90 days after receiving a risk assessment document 
     for review pursuant to subparagraph (A), each committee that 
     receives that document shall prepare and submit to the 
     Secretary a report that includes--
       ``(i) an evaluation of the merit of the data and methods 
     used in that document; and
       ``(ii) any recommended options relating to that document 
     and the associated standard or regulatory requirement that 
     the committee determines to be appropriate.
       ``(C) Review by secretary.--Not later than 90 days after 
     receiving a report submitted by a committee under 
     subparagraph (B), the Secretary--
       ``(i) shall review the report;
       ``(ii) shall provide a written response to the committee 
     that is the author of the report concerning all significant 
     peer review comments and recommended alternatives contained 
     in the report; and
       ``(iii) may revise the risk assessment and the proposed 
     standard or regulatory requirement before promulgating the 
     final standard or requirement.
       ``(5) Incremental benefits and costs.--Before issuing a 
     final standard that is subject to the requirements contained 
     in paragraphs (1) and (2), the Secretary shall certify that 
     the incremental benefits of the final standard will likely 
     justify, and be reasonably related to, the incremental costs 
     incurred by the Federal Government and State, local, and 
     tribal governments and any other public entity, and the 
     private sector.
       ``(6) Emergencies.--In the case of an emergency that meets 
     the criteria described in section 60112(e), the Secretary may 
     suspend the application of this section for the duration of 
     the emergency.
       ``(7) Report.--Not later than March 31, 1999, the Secretary 
     shall transmit to the Congress a report that--
       ``(A) describes the implementation of the risk assessment 
     requirements of this section, including the extent to which 
     those requirements have improved regulatory decision making; 
     and
       ``(B) includes any recommendations that the Secretary 
     determines would make the risk assessments conducted pursuant 
     to the requirements under this chapter a more effective means 
     of assessing the benefits and costs associated with 
     alternative regulatory and nonregulatory options in 
     prescribing standards under the Federal pipeline safety 
     regulatory program under this chapter.''.
       (c) Facility Operation Information Standards.--The first 
     sentence of section 60102(d) is amended--
       (1) by inserting ``as required by the standards prescribed 
     under this chapter'' after ``operating the facility'';
       (2) by striking ``to provide the information'' and 
     inserting ``to make the information available''; and
       (3) by inserting ``as determined by the Secretary'' after 
     ``to the Secretary and an appropriate State official''.
       (d) Pipe Inventory Standards.--The first sentence of 
     section 60102(e) is amended--
       (1) by striking ``and, to the extent the Secretary 
     considers necessary, an operator of a gathering line that is 
     not a regulated gathering line (as defined under section 
     60101(b)(2) of this title),''; and
       (2) by striking ``transmission'' and inserting 
     ``transportation''.
       (e) Smart Pigs.--
       (1) Minimum safety standards.--Section 60102(f) is amended 
     by striking paragraph (1) and inserting the following:
       ``(1) Minimum safety standards.--The Secretary shall 
     prescribe minimum safety standards requiring that the design 
     and construction of a new gas or hazardous liquid pipeline 
     transmission facility be carried out, to the extent 
     practicable, in a way that accommodates the passage through 
     the facility of an instrumented internal inspection device 
     (commonly referred to as a `smart pig'). The Secretary shall 
     also prescribe minimum safety standards that require that 
     when a segment of an existing gas or hazardous liquid 
     pipeline transmission facility is replaced, to the extent 
     practicable, the replacement segment can accommodate the 
     passage of an instrumented internal inspection device. The 
     Secretary may apply the standards to an existing gas or 
     hazardous liquid facility and require that the facility be 
     changed to allow the facility to be inspected with an 
     instrumented internal inspection device if the basic 
     construction of the facility will accommodate the device.''.
       (2) Periodic inspections.--Section 60102(f)(2) is amended--
       (A) by striking ``(2) Not later than'' and inserting the 
     following:
       ``(2) Periodic inspections.--Not later than''; and
       (B) by inserting ``, if necessary, additional'' after ``the 
     Secretary shall prescribe''.
       (f) Updating Standards.--Section 60102 is amended by adding 
     at the end the following new subsection:
       ``(l) Updating Standards.--The Secretary shall, to the 
     extent appropriate and practicable, update incorporated 
     industry standards that have been adopted as part of the 
     Federal pipeline safety regulatory program under this 
     chapter.''.

      SEC. 5. RISK MANAGEMENT.

       (a) In General.--Chapter 601 is amended by adding at the 
     end the following new section:

     ``Sec. 60126. Risk management

       ``(a) Risk Management Program Demonstration Projects.--
       ``(1) In general.--The Secretary shall establish risk 
     management demonstration projects--
       ``(A) to demonstrate, through the voluntary participation 
     by owners and operators of gas pipeline facilities and 
     hazardous liquid pipeline facilities, the applications of 
     risk management; and
       ``(B) to evaluate the safety and cost-effectiveness of the 
     applications referred to in subparagraph (A).
       ``(2) Waivers.--In carrying out a demonstration project 
     under this subsection, the Secretary--
       ``(A) may waive, with respect to the owner or operator of 
     any pipeline facility covered under the project (referred to 
     in this subsection as a `covered pipeline facility'), the 

[[Page S19257]]
     applicability of all or a portion of the requirements under this 
     chapter that would otherwise apply to that owner or operator 
     with respect to the pipeline facility; and
       ``(B) shall waive, for the period of the project, with 
     respect to the owner or operator that participates in the 
     project, the applicability of any new standard or regulatory 
     requirement that the Secretary promulgates under this chapter 
     during the period of that participation, if the Secretary 
     determines that the risk management plan applicable to the 
     demonstration project provides an overall level of safety 
     that is equivalent to or greater than the level of safety 
     provided by requiring the application of that standard or 
     regulatory requirement.
       ``(b) Requirements.--In carrying out a demonstration 
     project under this section, the Secretary shall--
       ``(1) invite owners and operators of pipeline facilities to 
     submit risk management plans for timely approval by the 
     Secretary;
       ``(2) require, as a condition of approval, that a risk 
     management plan submitted under this subsection contain 
     measures that are designed to achieve an equivalent or 
     greater overall level of safety than would otherwise be 
     achieved through compliance with the standards and regulatory 
     requirements contained in this chapter or promulgated by the 
     Secretary under this chapter;
       ``(3) provide for--
       ``(A) collaborative government and industry training;
       ``(B) methods to measure the safety performance of risk 
     management plans;
       ``(C) the development and application of new technologies;
       ``(D) the promotion of community awareness concerning how 
     the overall level of safety will be enhanced by the 
     demonstration project;
       ``(E) the development of a model that categorizes the risks 
     inherent to each covered pipeline facility, taking into 
     consideration the location, volume, pressure, and material 
     transported or stored by that pipeline facility;
       ``(F) the application of risk assessment and risk 
     management methodologies that are suitable to the inherent 
     risks that are determined to exist through the use of the 
     model developed under subparagraph (E);
       ``(G) the development of project elements that are 
     necessary to ensure that--
       ``(i) the owners and operators that participate in the 
     demonstration project demonstrate that they are effectively 
     managing the risks referred to in subparagraph (E); and
       ``(ii) the risk management plans carried out under the 
     demonstration project under this subsection can be audited;
       ``(H) a process whereby an owner or operator of a pipeline 
     facility is able to amend, modify, or otherwise adjust a risk 
     management plan referred to in paragraph (1) that has been 
     approved by the Secretary pursuant to that paragraph to 
     respond to--
       ``(i) changed circumstances; or
       ``(ii) a determination by the Secretary that the owner or 
     operator is not achieving an overall level of safety that is 
     at least equivalent to the level that would otherwise be 
     achieved through compliance with the standards and regulatory 
     requirements contained in this chapter or promulgated by the 
     Secretary under this chapter; and
       ``(I) such other elements as the Secretary, with the 
     agreement of the owners and operators that participate in the 
     demonstration project under this section, determines to 
     further the purposes of this section; and
       ``(4) in selecting participants for the demonstration 
     project, take into consideration the past safety and 
     regulatory performance of each applicant who submits a risk 
     management plan pursuant to paragraph (1).
       ``(c) Emergencies.--In the case of an emergency that meets 
     the criteria described in section 60112(e), the Secretary may 
     suspend or revoke the participation of an owner or operator 
     in the demonstration project under this section.
       ``(d) Participation by State Authority.--Notwithstanding 
     any other provision of this chapter, in carrying out the 
     demonstration project under this section, the Secretary may 
     provide for the participation in the demonstration project by 
     a State that has in effect a certification that has been 
     approved by the Secretary under section 60105.
       ``(e) Report.--Not later than March 31, 1999, the Secretary 
     shall transmit to the Congress a report on the results of the 
     demonstration projects carried out under this section that 
     includes--
       ``(1) an evaluation of each such demonstration project, 
     including an evaluation of the performance of each 
     participant in that project with respect to safety and 
     environmental protection; and
       ``(2) recommendations concerning whether the applications 
     of risk management demonstrated under the demonstration 
     project should be incorporated into the Federal pipeline 
     safety program under this chapter on a permanent basis.''.
       (b) Conforming Amendment.--The analysis for chapter 601 is 
     amended by adding at the end the following:

``60126. Risk management.''.

     SEC. 6. INSPECTION AND MAINTENANCE.

       Section 60108 is amended--
       (1) in subsection (a)(1), by striking ``transporting gas or 
     hazardous liquid or'' each place it appears;
       (2) in subsection (b)(2), by striking the second sentence;
       (3) in the heading to subsection (c), by striking 
     ``Navigable Waters'' and inserting ``Other Waters''; and
       (4) by striking clause (ii) of subsection (c)(2)(A) and 
     inserting the following:
       ``(ii) any other pipeline facility crossing under, over, or 
     through waters where a substantial likelihood of commercial 
     navigation exists, if the Secretary decides that the location 
     of the facility in those waters could pose a hazard to 
     navigation or public safety.''.

      SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY 
                   SENSITIVE AREAS.

       (a) Identification.--Section 60109(a)(1)(B)(i) is amended 
     by striking ``a navigable waterway (as the Secretary defines 
     by regulation)'' and inserting ``waters where a substantial 
     likelihood of commercial navigation exists''.
       (b) Unusually Sensitive Areas.--Section 60109(b) is amended 
     to read as follows:
       ``(b) Areas To Be Included as Unusually Sensitive.--When 
     describing areas that are unusually sensitive to 
     environmental damage if there is a hazardous liquid pipeline 
     accident, the Secretary shall consider areas where a pipeline 
     rupture would likely cause permanent or long-term 
     environmental damage, including--
       ``(1) locations near pipeline rights-of-way that are 
     critical to drinking water, including intake locations for 
     community water systems and critical sole source aquifer 
     protection areas; and
       ``(2) locations near pipeline rights-of-way that have been 
     identified as critical wetlands, riverine or estuarine 
     systems, national parks, wilderness areas, wildlife 
     preservation areas or refuges, wild and scenic rivers, or 
     critical habitat areas for threatened and endangered 
     species.''.

     SEC. 8. EXCESS FLOW VALUES.

       Section 60110 is amended--
       (1) in subsection (b)--
       (A) in the first sentence, by inserting ``, if any,'' after 
     ``circumstances''; and
       (B) in paragraph (4), by inserting ``, operating, and 
     maintaining'' after ``cost of installing'';
       (2) in subsection (c)(1)(C), by inserting ``, maintenance, 
     and replacement'' after ``installation''; and
       (3) in subsection (e), by inserting after the first 
     sentence the following: ``The Secretary may adopt industry 
     accepted performance standards in order to comply with the 
     requirement under the preceding sentence.''.

      SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

       Section 60113 is amended--
       (1) by striking ``(a) Maintenance Information.--''; and
       (2) by striking subsection (b).

      SEC. 10. UNDERGROUND FACILITY DAMAGE PREVENTION PROGRAMS.

       (a) Application.--Section 60114(a) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``one-call notification system'' and inserting ``underground 
     facility damage prevention program (hereafter in this 
     subsection referred to as a `program')'';
       (2) in paragraph (1)--
       (A) by striking ``the system apply to''; and
       (B) by inserting before the period the following: ``be 
     covered by the program'';
       (3) in each of paragraphs (2), (4), (5), (6), and (8), by 
     striking ``system'' each place it appears and inserting 
     ``program'';
       (4) in paragraph (3), by striking ``appropriate one-call 
     notification system'' and inserting ``appropriate program'';
       (5) in paragraph (4), by striking ``qualifications'' and 
     inserting ``Qualifications'';
       (6) in paragraph (5), by striking ``procedures'' and 
     inserting ``Procedures''; and
       (7) in each of paragraphs (1), (2), (3), (6), (7), (8), and 
     (9), by striking ``a'' the first place it appears and 
     inserting ``A''.
       (b) Sanctions.--Section 60114(a)(9), as amended by 
     subsection (a)(7), is further amended by striking ``60120, 
     60122, and 60123'' and inserting ``60120 and 60122''.
       (c) Grants.--Section 60114(b) is amended by striking ``one-
     call notification system'' and inserting ``underground 
     facility damage prevention program''.
       (d) Apportionment.--Section 60114(d) is amended by striking 
     ``one-call notification system'' each place it appears and 
     inserting ``underground facility damage prevention program''.
       (e) Conforming Amendments.--
       (1) Section heading.--The heading to section 60114 is 
     amended to read as follows:

     ``Sec. 60114. Underground facility damage prevention 
       programs''.

       (2) Chapter analysis.--The analysis for chapter 601 is 
     amended by striking the item relating to section 60114 and 
     inserting the following item:

``60114. Underground facility damage prevention programs.''.

      SEC. 11. TECHNICAL SAFETY STANDARDS COMMITTEES.

       (a) Peer Review.--Section 60115(a) is amended by adding at 
     the end the following: ``The committees referred to in the 
     preceding sentence shall serve as peer review committees for 
     carrying out this chapter. Peer reviews conducted by the 
     committees shall be treated for purposes of all Federal laws 
     relating to risk assessment and peer review (including laws 
     that take effect after the date of the enactment of the 
     Pipeline Safety Act of 1995) as meeting any peer review 
     requirements of such laws.''.
       (b) Composition and Appointment.--Section 60115(b) is 
     amended--
       (1) in paragraph (1), by inserting ``or risk management'' 
     before the period at the end of the last sentence;
     
[[Page S19258]]

       (2) in paragraph (2), by inserting ``or risk management'' 
     before the period at the end of the last sentence;
       (3) in paragraph (3)--
       (A) in subparagraph (B), by striking ``4'' and inserting 
     ``5''; and
       (B) in subparagraph (C), by striking ``6'' and inserting 
     ``5''; and
       (4) in paragraph (4)--
       (A) in subparagraph (A), by adding at the end the 
     following: ``At least 1 of the individuals selected for each 
     committee under paragraph (3)(A) shall have relevant 
     scientific education, background, or experience.'';
       (B) in subparagraph (B), by adding at the end the 
     following: ``At least 1 of the individuals selected for each 
     committee under paragraph (3)(B) shall have education, 
     background, or experience in risk assessment and cost-benefit 
     analysis. The Secretary shall consult with the national 
     organizations representing the owners and operators of 
     pipeline facilities before selecting individuals under 
     paragraph (3)(B).''; and
       (C) in subparagraph (C), by inserting after the first 
     sentence the following: ``At least 1 of the individuals 
     selected for each committee under paragraph (3)(C) shall have 
     education, background, or experience in risk assessment and 
     cost-benefit analysis.''.
       (c) Committee Reports.--Section 60115(c) is amended--
       (1) by inserting ``or regulatory requirement'' after 
     ``standard'' each place it appears in paragraphs (1), (2), 
     and (3);
       (2) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``, including the 
     risk assessment document and other analyses supporting each 
     proposed standard or regulatory requirement'' before the 
     semicolon; and
       (B) in subparagraph (B), by inserting ``, including the 
     risk assessment document and other analyses supporting each 
     proposed standard or regulatory requirement'' before the 
     period; and
       (3) in paragraph (2)--
       (A) in the first sentence--
       (i) by inserting ``and supporting analyses'' before the 
     first comma;
       (ii) by inserting ``and submit to the Secretary'' after 
     ``prepare'';
       (iii) by inserting ``cost-effectiveness,'' after 
     ``reasonableness,''; and
       (iv) by inserting ``and include in the report recommended 
     actions'' before the period at the end; and
       (B) in the second sentence, by inserting ``any recommended 
     actions and'' after ``including''.
       (d) Proposed Committee Standards and Regulatory 
     Requirements.--Section 60115(d)(1) is amended by inserting 
     ``or regulatory requirement'' after ``standard'' each place 
     it appears;
       (e) Meetings.--Section 60115(e) is amended by striking 
     ``twice'' and inserting ``4 times''.
       (f) Expenses.--Section 60115(f) is amended--
       (1) in the subsection heading by striking ``Pay and'';
       (2) by striking the first 2 sentences; and
       (3) by inserting ``of a committee under this section'' 
     after ``A member''.

     SEC. 12. PUBLIC EDUCATION PROGRAMS.

       Section 60116 is amended--
       (1) by striking ``person transporting gas'' and inserting 
     ``owner or operator of a gas pipeline facility'';
       (2) by inserting ``the use of an underground facility 
     damage prevention program prior to excavation,'' after 
     ``educate the public on''; and
       (3) by inserting a comma after ``gas leaks''.

     SEC. 13. ADMINISTRATIVE.

       Section 60117 is amended by adding at the end the following 
     new subsection:
       ``(k) Authority for Cooperative Agreements.--To carry out 
     this chapter, the Secretary may enter into grants, 
     cooperative agreements, and other transactions with any 
     person, agency, or instrumentality of the United States, any 
     unit of State or local government, any educational 
     institution, or any other entity to further the objectives of 
     this chapter. The objectives of this chapter include the 
     development, improvement, and promotion of one-call damage 
     prevention programs, research, risk assessment, and 
     mapping.''.

      SEC. 14. COMPLIANCE AND WAIVERS.

       Section 60118 is amended by adding at the end the following 
     new subsection:
       ``(e) Compliance With Risk Management Plans.--The owners 
     and operators of pipeline facilities that participate in the 
     demonstration project under section 60126 shall, during the 
     applicable period of participation in the program, be 
     considered to be in compliance with any prescribed safety 
     standard or regulatory requirement that is covered by a plan 
     that is approved by the Secretary under section 60126.''.

     SEC. 15. DAMAGE REPORTING.

       Section 60123(d)(2) is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) a pipeline facility and does not report the damage 
     promptly to the operator of the pipeline facility and to 
     other appropriate authorities; or''.

      SEC. 16. BIANNUAL REPORTS.

       (a) Biannual Reports.--
       (1) Section heading.--The section heading of section 60124 
     is amended to read as follows:

     ``Sec. 60124. Biannual reports''.

       (2) Reports.--Section 60124(a) is amended by striking the 
     first sentence and inserting the following:
       ``(a) Submission and Comments.--Not later than August 15, 
     1997, and every 2 years thereafter, the Secretary of 
     Transportation shall submit to Congress a report on carrying 
     out this chapter for the 2 immediately preceding calendar 
     years for gas and a report on carrying out this chapter for 
     such period for hazardous liquid.''.
       (b) Conforming Amendment.--The analysis for chapter 601 is 
     amended by striking the item relating to section 60124 and 
     inserting the following:

``60124. Biannual reports.''.

     SEC. 17. POPULATION ENCROACHMENT.

       (a) In General.--Chapter 601, as amended by section 5, is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 60127. Population encroachment

       ``(a) Land Use Recommendations.--The Secretary of 
     Transportation shall make available to an appropriate 
     official of each State, as determined by the Secretary, the 
     land use recommendations of the special report numbered 219 
     of the Transportation Research Board, entitled `Pipelines and 
     Public Safety'.
       ``(b) Evaluation.--The Secretary shall--
       ``(1) evaluate the recommendations in the report referred 
     to in subsection (a);
       ``(2) determine to what extent the recommendations are 
     being implemented;
       ``(3) consider ways to improve the implementation of the 
     recommendations; and
       ``(4) consider other initiatives to further improve 
     awareness of local planning and zoning entities regarding 
     issues involved with population encroachment in proximity to 
     the rights-of-way of any interstate gas pipeline facility or 
     interstate hazardous liquid pipeline facility.''.
       (b) Conforming Amendment.--The analysis for chapter 601 is 
     amended by inserting after the item relating to section 60126 
     the following:

``60127. Population encroachment.''.

     SEC. 18. USER FEES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall transmit to 
     the Congress a report analyzing the assessment of pipeline 
     safety user fees solely on the basis of mileage to determine 
     whether--
       (1) that measure of the resources of the Department of 
     Transportation is the most appropriate measure of the 
     resources used by the Department of Transportation in the 
     regulation of pipeline transportation; or
       (2) another basis of assessment would be a more appropriate 
     measure of those resources.

     SEC. 19. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

       (a) Amendment.--Chapter 601, as amended by section 17, is 
     further amended by adding at the end the following new 
     section:

     ``Sec. 60128. Dumping within pipeline rights-of-way

       ``(a) Prohibition.--No person shall excavate for the 
     purpose of unauthorized disposal within the right-of-way of 
     an interstate gas pipeline facility or interstate hazardous 
     liquid pipeline facility, or any other limited area in the 
     vicinity of any such interstate pipeline facility established 
     by the Secretary of Transportation, and dispose solid waste 
     therein.
       ``(b) Definition.--For purposes of this section, the term 
     `solid waste' has the meaning given that term in section 
     1004(27) of the Solid Waste Disposal Act (42 U.S.C. 
     6903(27)).''.
       (b) Conforming Amendments.--
       (1) Cross-reference.--Sections 60122 and 60123 are each 
     amended by striking ``or 60118(a)'' and inserting ``, 
     60118(a), or 60128''.
       (2) Chapter analysis.--The analysis for chapter 601 is 
     amended by adding at the end the following new item:

``60128. Dumping within pipeline rights-of-way.''.

     SEC. 20. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

       Section 60117(a) is amended by inserting after ``and 
     training activities'' the following: ``and promotional 
     activities relating to prevention of damage to pipeline 
     facilities''.

     SEC. 21. TECHNICAL CORRECTIONS.

       (a) Section 60105.--The heading to section 60105 is amended 
     by inserting ``pipeline safety program'' after ``State''.
       (b) Section 60106.--The heading to section 60106 is amended 
     by inserting ``pipeline safety'' after ``State''.
       (c) Section 60107.--The heading to section 60107 is amended 
     by inserting ``pipeline safety'' after ``State''.
       (d) Chapter Analysis.--The analysis for chapter 601 is 
     amended--
       (1) in the item relating to section 60105, by inserting 
     ``pipeline safety program'' after ``State'';
       (2) in the item relating to section 60106, by inserting 
     ``pipeline safety'' after ``State''; and
       (3) in the item relating to section 60107, by inserting 
     ``pipeline safety'' after ``State''.

      SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125 is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Gas and Hazardous Liquid.--To carry out this chapter 
     (except for sections 60107 and 60114(b)) related to gas and 
     hazardous 

[[Page S19259]]
     liquid, there are authorized to be appropriated to the Department of 
     Transportation--
       ``(1) $9,936,000 for fiscal year 1996;
       ``(2) $10,512,000 for fiscal year 1997;
       ``(3) $11,088,000 for fiscal year 1998; and
       ``(4) $11,664,000 for fiscal year 1999.''; and
       (2) by striking subsection (b).
       (b) State Grants.--Section 60125(c)(1) is amended by adding 
     at the end the following:
       ``(D) $10,764,000 for fiscal year 1996.
       ``(E) $11,388,000 for fiscal year 1997.
       ``(F) $12,012,000 for fiscal year 1998.
       ``(G) $12,636,000 for fiscal year 1999.''.
                                 ______