[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[Senate]
[Pages S10936-S10939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ACCOUNTABLE PIPELINE SAFETY AND PARTNERSHIP ACT OF 1996

  Mr. EXON. May I inquire of the Chair, what is currently the procedure 
in the Senate and what matter are we on?
  The PRESIDING OFFICER. The clerk will report the pending business.
  The legislative clerk read as follows:

       A bill (S. 1505) to reduce risks to public safety and the 
     environment associated with pipeline transportation of 
     natural gas and hazardous liquid, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Accountable Pipeline Safety 
     and Partnership Act of 1996''.

     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) by striking the periods at the end of paragraphs (1) 
     through (22) and inserting semicolons;
       (2) by striking paragraph (21)(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) `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 identifying, analyzing, assessing, 
     reducing, and controlling risk in order to protect employees, 
     the general public, the environment, and pipeline facilities;
       ``(24) `risk management plan' means a management plan 
     utilized by a gas or hazardous liquid pipeline facility owner 
     or operator that encompasses risk management; and
       ``(25) `Secretary' means the Secretary of 
     Transportation.''.
       (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) by striking ``transporters of gas and hazardous liquid 
     and to'' in paragraph (1)(A);
       (2) by striking paragraph (1)(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
        (3) 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 Standards.--
       ``(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, or safely transporting hazardous 
     liquids, as appropriate; and
       ``(ii) protecting the environment.
       ``(2) Factors for consideration.--When prescribing any 
     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;
       ``(ii) hazardous liquid pipeline safety information; and
       ``(iii) environmental 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 reasonably 
     identifiable or estimated benefits expected to result from 
     implementation or compliance with the standard;
       ``(E) based on a risk assessment, the reasonably 
     identifiable or estimated costs expected to result from 
     implementation or 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, the Technical Hazardous 
     Liquid Pipeline Safety Standards Committee, or both, as 
     appropriate.
       ``(3) Risk assessment.--In prescribing a standard referred 
     to in paragraph (2), the Secretary shall--
       ``(A) identify the regulatory and nonregulatory options 
     that the Secretary considered in prescribing a proposed 
     standard;
       ``(B) identify the costs and benefits associated with the 
     proposed standard;
       ``(C) include--
       ``(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 did not select 
     the option; and
       ``(D) identify technical data or other information upon 
     which the risk assessment information and proposed standard 
     is based.
       ``(4) Review.--
       ``(A) In general.--The Secretary shall--
       ``(i) submit risk assessment information prepared under 
     paragraph (3) of this subsection to the Technical Pipeline 
     Safety Standards Committee, the Technical Hazardous Liquid 
     Pipeline Safety Standards Committee, or both, as appropriate; 
     and
       ``(ii) make that risk assessment information 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 information prepared under this section. Not 
     later than 90 days after receiving risk assessment 
     information for review pursuant to subparagraph (A), each 
     committee that receives that risk assessment information 
     shall prepare and submit to the Secretary a report that 
     includes--
       ``(i) an evaluation of the merit of the data and methods 
     used; and
       ``(ii) any recommended options relating to that risk 
     assessment information and the associated standard 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 before promulgating the final standard.
       ``(5) Secretarial decisionmaking.--Except where otherwise 
     required by statute, the Secretary shall propose or issue a 
     standard under this Chapter only upon a reasoned 
     determination that the benefits of the intended standard 
     justify its costs.
       ``(6) Exceptions from application.--The requirements of 
     this subsection do not apply when--
       ``(A) the standard is the product of a negotiated 
     rulemaking, or other rulemaking including the adoption of 
     industry standards that receives no significant adverse 
     comment within 60 days of notice in the Federal Register;

[[Page S10937]]

       ``(B) based on a recommendation (in which three-fourths of 
     the members voting concur) by the Technical Pipeline Safety 
     Standards Committee, the Technical Hazardous Liquid Pipeline 
     Safety Standards Committee, or both, as applicable, the 
     Secretary waives the requirements; or
       ``(C) the Secretary finds, pursuant to section 553(b)(3)(B) 
     of title 5, United States Code, that notice and public 
     procedure are not required.
       ``(7) Report.--Not later than March 31, 2000, 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 assessment process 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 gather 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--
       ``(A) the design and construction of new natural gas 
     transmission pipeline or hazardous liquid pipeline 
     facilities, and
       ``(B) when the replacement of existing natural gas 
     transmission pipeline or hazardous liquid pipeline facilities 
     or equipment is required, the replacement of such existing 
     facilities be carried out, to the extent practicable, in a 
     manner so as to accommodate the passage through such natural 
     gas transmission pipeline or hazardous liquid pipeline 
     facilities of instrumented internal inspection devices 
     (commonly referred to as `smart pigs'). The Secretary may 
     extend such standards to require existing natural gas 
     transmission pipeline or hazardous liquid pipeline 
     facilities, whose basic construction would accommodate an 
     instrumented internal inspection device to be modified to 
     permit the inspection of such facilities with instrumented 
     internal inspection devices.''.
       (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:
       ``(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:

     ``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 application of risk 
     management; and
       ``(B) to evaluate the application of risk management 
     referred to in subparagraph (A).
       ``(2) Exemptions.--In carrying out a demonstration project 
     under this subsection, the Secretary, by order--
       ``(A) may exempt an owner or operator of the pipeline 
     facility covered under the project (referred to in this 
     subsection as a `covered pipeline facility'), from the 
     applicability of all or a portion of the requirements under 
     this chapter that would otherwise apply to the covered 
     pipeline facility; and
       ``(B) shall exempt, for the period of the project, an owner 
     or operator of the covered pipeline facility, from the 
     applicability of any new standard that the Secretary 
     promulgates under this chapter during the period of that 
     participation, with respect to the covered facility.
       ``(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 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 maintained or enhanced by 
     the demonstration project;
       ``(E) the development of models that categorize 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 models 
     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 terminate a risk management plan or, with 
     the approval of the Secretary, 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 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 and Revocations.--Nothing in this section 
     diminishes or modifies the Secretary's authority under this 
     title to act in case of an emergency. The Secretary may 
     revoke any exemption granted under this section for 
     substantial noncompliance with the terms and conditions of an 
     approved risk management plan.
       ``(d) Participation by State Authority.--In carrying out 
     this section, the Secretary may provide for consultation by a 
     State that has in effect a certification under section 60105. 
     To the extent that a demonstration project comprises an 
     intrastate natural gas pipeline or an intrastate hazardous 
     liquid pipeline facility, the Secretary may make an agreement 
     with the State agency to carry out the duties of the 
     Secretary for approval and administration of the project.
       ``(e) Report.--Not later than March 31, 2000, 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.''.
       (f) 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) by striking ``transporting gas or hazardous liquid or'' 
     in subsection (a)(1) each place it appears;
       (2) by striking the second sentence in subsection (b)(2);
       (3) by striking ``Navigable Waters'' in the heading for 
     subsection (c) 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--

[[Page S10938]]

       ``(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 VALVES.

       Section 60110 is amended--
       (1) by inserting ``, if any,'' in the first sentence of 
     subsection (b)(1) after ``circumstances'';
       (2) by inserting ``, operating, and maintaining'' in 
     subsection (b)(4) after ``cost of installing'';
       (3) by inserting ``, maintenance, and replacement'' in 
     subsection (c)(1)(C) after ``installation''; and
       (4) by inserting after the first sentence in subsection (e) 
     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 the caption of subsection (a); and
       (2) by striking subsection (b).

     SEC. 10. 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 
     Accountable Pipeline Safety and Partnership Act of 1996) as 
     meeting any peer review requirements of such laws.''.
       (b) Composition and Appointment.--Section 60115(b) is 
     amended--
       (1) by inserting ``or risk management principles'' in 
     paragraph (1) before the period at the end;
       (2) by inserting ``or risk management principles'' in 
     paragraph (2) before the period at the end;
       (3) by striking ``4'' in paragraph (3)(B) and inserting 
     ``5'';
       (4) by striking ``6'' in paragraph (3)(C) and inserting 
     ``5'';
       (5) by adding at the end of paragraph (4)(B) 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
       (6) by inserting after the first sentence of paragraph 
     (4)(C) 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 ``including the risk assessment 
     information and other analyses supporting each proposed 
     standard'' before the semicolon in paragraph (1)(A);
       (2) by inserting ``including the risk assessment 
     information and other analyses supporting each proposed 
     standard'' before the period in paragraph (1)(B);
       (3) by inserting ``and supporting analyses'' before the 
     first comma in the first sentence of paragraph (2);
       (4) by inserting ``and submit to the Secretary'' in the 
     first sentence of paragraph (2) after ``prepare'';
       (5) by inserting ``cost-effectiveness,'' in the first 
     sentence of paragraph (2) after ``reasonableness,''; and
       (6) by inserting ``and include in the report recommended 
     actions'' before the period at the end of the first sentence 
     of paragraph (2); and
       (7) by inserting ``any recommended actions and'' in the 
     second sentence of paragraph (2) after ``including''.
       (d) Meetings.--Section 60115(e) is amended by striking 
     ``twice'' and inserting ``up to 4 times''.
       (e) Expenses.--Section 60115(f) is amended--
       (1) by striking ``Pay and'' in the subsection heading;
       (2) by striking the first 2 sentences; and
       (3) by inserting ``of a committee under this section'' 
     after ``A member''.

     SEC. 11. 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 a one-call notification 
     system prior to excavation,'' after ``educate the public 
     on''; and
       (3) by inserting a comma after ``gas leaks''.

     SEC. 12. ADMINISTRATIVE.

       Section 60117 is amended--
       (1) by adding at the end of subsection (b) the following: 
     ``The Secretary may require owners and operators of gathering 
     lines to provide the Secretary information pertinent to the 
     Secretary's ability to make a determination as to whether and 
     to what extent to regulate gathering lines.'';
       (2) by adding at the end thereof the following:
       ``(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.''; and
       (3) by striking ``transporting gas or hazardous liquid'' in 
     subsection (b) and inserting ``owning''.

     SEC. 13. COMPLIANCE.

       (a) Section 60118 (a) is amended--
       (1) by striking ``transporting gas or hazardous liquid or'' 
     in subsection (a); and
       (2) by striking paragraph (1) and inserting the following:
       ``(1) comply with applicable safety standards prescribed 
     under this chapter, except as provided in this section or in 
     section 60126;''.
       (b) Section 60118 (b) is amended to read as follows:
       ``(b) Compliance Orders.--The Secretary of Transportation 
     may issue orders directing compliance with this chapter, an 
     order under section 60126, or a regulation prescribed under 
     this chapter. An order shall state clearly the action a 
     person must take to comply.''.
       (c) Section 60118(c) is amended by striking ``transporting 
     gas or hazardous liquid'' and inserting ``owning''.

     SEC. 14. 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 that does not report the damage 
     promptly to the operator of the pipeline facility and to 
     other appropriate authorities; or''.

     SEC. 15. BIENNIAL REPORTS.

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

     ``Sec. 60124. Biennial reports''.

       (2) Reports.--Section 60124(a) is amended by striking the 
     first sentence and inserting the following: ``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.''.
       (c) Conforming Amendment.--The analysis for chapter 601 is 
     amended by striking the item relating to section 60124 and 
     inserting the following:

``60124. Biennial reports.''.

     SEC. 16. 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. 17. USER FEES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall transmit to the Congress a report analyzing the present 
     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.
       (b) Considerations.--In making the report, the Secretary 
     shall consider a wide range of assessment factors and 
     suggestions and comments from the public.

     SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

       (a) Amendment.--Chapter 601, as amended by section 16, 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.--Section 60123(a) is amended by 
     striking ``or 60118(a)'' and inserting ``, 60118(a), or 
     60128''.

[[Page S10939]]

       (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. 19. 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. 20. TECHNICAL CORRECTIONS.

       (a) Section 60105.--The heading for section 60105 is 
     amended by inserting ``pipeline safety program'' after 
     ``State''.
       (b) Section 60106.--The heading for section 60106 is 
     amended by inserting ``pipeline safety'' after ``State''.
       (c) Section 60107.--The heading for section 60107 is 
     amended by inserting ``pipeline safety'' after ``State''.
       (d) Section 60114.--Section 60114 is amended--
       (1) by striking ``60120, 60122, and 60123'' in subsection 
     (a)(9) and inserting ``60120 and 60122'';
       (2) by striking subsections (b) and (d); and
       (3) by redesignating subsections (c) and (e) as subsections 
     (b) and (d), respectively.
       (e) Chapter Analysis.--The analysis for chapter 601 is 
     amended--
       (1) by inserting ``pipeline safety program'' in the item 
     relating to section 60105 after ``State'';
       (2) by inserting ``pipeline safety'' in the item relating 
     to section 60106 after ``State''; and
       (3) by inserting ``pipeline safety'' in the item relating 
     to section 60107 after ``State''.
       (f) Section 60101.--Section 60101(b) is amended by striking 
     ``define by regulation'' each place it appears and inserting 
     ``prescribe standards defining''.
       (g) Section 60102.--Section 60102 is amended by striking 
     ``regulations'' each place it appears in subsections (f)(2), 
     (i), and (j)(2) and inserting ``standards''.
       (h) Section 60108.--Section 60108 is amended--
       (1) by striking ``regulations'' in subsections (c)(2)(B), 
     (c)(4)(B), and (d)(3) and inserting ``standards''; and
       (2) by striking ``require by regulation'' in subsection 
     (c)(4)(A) and inserting ``establish a standard''.
       (i) Section 60109.--Section 60109(a) is amended by striking 
     ``regulations'' and inserting ``standards''.
       (j) Section 60110.--Section 60110 is amended by striking 
     ``regulations'' in subsections (b), (c)(1), and (c)(2) and 
     inserting ``standards''.
       (k) Section 60113.--Section 60113(a) is amended by striking 
     ``regulations'' and inserting ``standards''.

     SEC. 21. 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 liquid, there are authorized to be appropriated to 
     the Department of Transportation--
       ``(1) $19,448,000 for fiscal year 1996;
       ``(2) $20,028,000 for fiscal year 1997, of which 
     $14,600,000 is to be derived from user fees for fiscal year 
     1997 collected under section 60301 of this title;
       ``(3) $20,729,000 for fiscal year 1998, of which 
     $15,100,000 is to be derived from user fees for fiscal year 
     1998 collected under section 60301 of this title;
       ``(4) $21,442,000 for fiscal year 1999, of which 
     $15,700,000 is to be derived from user fees for fiscal year 
     1999 collected under section 60301 of this title''; and
       ``(5) $22,194,000 for fiscal year 2000, of which 
     $16,300,000 is to be derived from user fees for fiscal year 
     2000 collected under section 60301 of this title.''.
       (b) State Grants.--Section 60125(c)(1) is amended by adding 
     at the end the following:
       ``(D) $12,000,000 for fiscal year 1996.
       ``(E) $14,000,000 for fiscal year 1997, of which 
     $12,500,000 is to be derived from user fees for fiscal year 
     1997 collected under section 60301 of this title.
       ``(F) $14,490,000 for fiscal year 1998, of which 
     $12,900,000 is to be derived from user fees for fiscal year 
     1998 collected under section 60301 of this title.
       ``(G) $15,000,000 for fiscal year 1999, of which 
     $13,300,000 is to be derived from user fees for fiscal year 
     1999 collected under section 60301 of this title.
       ``(H) $15,524,000 for fiscal year 2000, of which 
     $13,700,000 is to be derived from user fees for fiscal year 
     2000 collected under section 60301 of this title.''.

  Mr. EXON. Mr. President, as I understand it, the manager of the bill 
on the other side will be here briefly. Since this matter is now before 
the Senate, I would like to proceed with a statement on this particular 
measure. I assure all that contrary to the misunderstanding of half an 
hour ago, I am convinced that all possible disagreement with certain 
points of the bill had been earlier cleared today. The bill I believe 
is ready for acceptance on both sides of the aisle, so I will, since 
the measure, S. 1505, is before us, continue with my statement on the 
bill, with the hopes that the manager on the other side will be here 
and ready to act on the measure, and we will not attempt to act on the 
measure until the majority representative is here.
  Mr. President, the amendment in the nature of a substitute to S. 
1505, the Accountable Pipeline Safety and Partnership Act of 1996, is 
an important piece of legislation. We worked this out in the Commerce 
Committee. We have worked out some word and language concerns with 
other Members of the Senate, and I think the measure is ready to pass.
  Pipeline safety is an extremely important issue for me. I have tried 
during my years in the Senate to give the issue of pipeline safety the 
visibility that it deserves, which it did not receive previously. I am 
very proud of what the Senate has been able to accomplish in this 
important area.
  Just to name one such recent effort, we can point to the Pipeline 
Safety Improvement Act of 1991. With favorable Senate action on the 
Accountable Pipeline Safety and Partnership Act today, we will continue 
our efforts to make gas and hazardous liquid pipelines safer and to do 
it while allowing the pipeline industry to continue to provide 
effective and efficient service to the Nation's consumers, as they 
obviously do today.
  The bill is aptly named. After long negotiations between the 
regulators, the Department of Transportation Office of Pipeline Safety, 
and the pipeline industry, the parties agree that this bill can create 
a working partnership to improve pipeline safety while allowing the 
safe pipelines to operate with a reduced regulatory burden and allowing 
the OPS to put its resources where and when the problems exist. In 
other words, putting cops on the beat in the neighborhoods that need 
them.
  The cornerstone of this bill is the risk management program. The 
program would allow the Secretary of Transportation to establish 
criteria under which the pipeline owners and operators can present 
pipeline safety plans that provide at least an equivalent level of 
safety with the level of safety already provided by the existing OPS 
regulations. In return for participation in the program, the eligible 
pipeline owner will be allowed to operate free of regulations that the 
Secretary determines are no longer necessary in light of the facility's 
safety plan.
  In return, the OPS can concentrate its resources on those pipeline 
facilities, the safety record of which can and should be improved. I 
believe that the parties have agreed to a workable plan for increasing 
the safety of gas and hazardous liquid pipelines while reducing the 
regulatory burden on the affected industries. I ask my Senate 
colleagues to join in supporting this legislation.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that I be 
allowed to speak for up to 5 minutes as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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