[Congressional Record Volume 146, Number 101 (Tuesday, September 5, 2000)]
[Senate]
[Pages S8019-S8022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. McCain, Mr. Hollings, Mrs. 
        Murray, Mr. Brownback, Mr. Domenici, Mr. Breaux, Mr. Robb, Mr. 
        Torricelli, and Mr. Gorton):
  S. 3002. A bill to authorize a coordinated research program to ensure 
the integrity, safety and reliability of natural gas and hazardous 
liquids pipelines, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.


the pipeline integrity, safety and reliability research and development 
                              act of 2000

  Mr. BINGAMAN. Mr. President, I rise today to address a serious issue 
currently pending in the Senate--pipeline safety. On August 19, there 
was a tragic pipeline accident in my state of New Mexico. A natural gas 
transmission line ruptured at 5:30 a.m. that Saturday morning in a 
rural area south of Carlsbad, NM. Unfortunately, the rupture occurred 
near a popular fishing spot along the Pecos river. Two families were 
camped below the bridge traversed by the pipeline. Eleven people, 
including five small children, died when their favorite camping spot 
was overcome by heat and flames. I have just learned that the one 
survivor, Amanda Smith, died earlier today. I would like to include a 
couple of articles about the victims to be printed in the Record after 
my statement. They should be remembered as individuals, not mere 
statistics.
  This was a human tragedy I can barely describe. I spoke briefly with 
Martha Chapman, mother of two of the victims, and grandmother of two of 
the children. She had just returned to Carlsbad for the funeral from 
Lubbock where she had been keeping vigil at the bedside of her 
daughter-in-law. She was devastated. She said her whole life was gone. 
She begged me to do what I could

[[Page S8020]]

to make sure something like this would never happen to another family. 
I had no words that could ease her grief, but I promised to do what I 
could when I returned to Washington. That afternoon I went out to the 
site to see firsthand the damage and what was being done to determine 
the cause of the rupture.
  I spent several hours with Kelley Coyner, the chief pipeline safety 
official at the Department of Transportation, and some of her engineers 
and inspectors. What became abundantly clear to me is that the Office 
of Pipeline Safety does not have adequate resources to carry out its 
mandate. There are only 55 inspectors for the entire interstate 
pipeline system. Secondly, the agency needs the additional authority it 
has requested in the current reauthorization bill to address the 
different circumstances on individual pipelines.
  The first thing we need to do is to ensure the Office of Pipeline 
Safety has the necessary resources to protect the public safety and the 
environment. The budget of the Office of Pipeline Safety is fully 
reimbursed by user fees charged to the pipeline operators, yet for the 
last five years the Congress has under funded the agency's budget 
request. For FY 2001 the request was $47 million. The Senate has 
appropriated $43 million, the House only $40 million. I urge the 
conferees to increase the appropriation for FY 2001 to at least the 
requested level.
  Second, we need to pass the Pipeline Safety Reauthorization bill. The 
bill reported by the Commerce Committee requires each and every 
interstate natural gas and hazardous liquid pipeline to develop and 
implement an integrity management plan. This approach will give the 
Office of Pipeline Safety the authority to impose more rigorous 
requirements, as necessary, to address areas with the greatest 
likelihood of failures and on aging pipelines and those in populated or 
environmentally sensitive areas. This bill is a major step toward 
ensuring the safety of our pipeline infrastructure. I am concerned, 
though, that the authorization levels included in the bill as filed may 
not be adequate for the task of a very individualized approach that 
will require a significant increase in staffing to address regional 
differences and community-specific needs.
  I would like to commend the efforts of Senator McCain, chairman of 
the Commerce Committee, and Senators Murray and Gorton and their staff, 
who have all worked hard to move the reauthorization forward. I also 
want to acknowledge Senators Breaux and Brownback for their efforts to 
include a workable set of requirements that can be fully implemented 
and enforced.
  Although the National Transportation Safety Board has not determined 
the cause of the accident in New Mexico, it appears that internal 
corrosion was a major factor. The transmission line in New Mexico 
ruptured at a point near a sharp bend in the pipe. An electronic 
internal inspection device, commonly called a smart pig, which is used 
for detecting corrosion in a pipeline, could not be run through that 
section of pipe because of the bend. Currently, about the only way to 
inspect sections of pipe such as this is to dig up the pipe and 
evaluate it directly. The company in New Mexico is doing just that 
along nearly 400 miles of pipeline to ensure there are not any other 
vulnerable spots along the pipe. But, with nearly 500,000 miles, and 
growing, of transmission lines across the country, this is not an 
optimal solution from the standpoint of time or cost.
  This country has the technological capability to collect data from 
the outer reaches of the solar system; we should be able to develop 
technologies to measure pipeline integrity under six feet of soil 
without digging up thousands of miles of pipe.

  I asked one of the scientists from Sandia National Laboratories, one 
of the Department of Energy's multipurpose labs, to come to Carlsbad 
with me to visit the site of the accident and to talk to the pipeline 
safety experts about the gaps in our technical capabilities. The 
national labs have capabilities for remote sensing, satellite 
monitoring and materials development that could surely be adapted for 
better testing and inspection of the pipeline infrastructure. I am also 
wondering whether MEMS, the efforts at miniaturizing electronic 
equipment, could be applied to develop a smart pig, or device with the 
same purpose, to negotiate older pipelines. Sandia has been working on 
a project to upgrade the Russian pipeline system, the scientists have 
the knowledge and expertise on pipeline operations to benefit our own 
system.
  Since returning from Carlsbad, I have been working to develop a 
framework for a collaborative R&D effort directed by the Department of 
Transportation with the assistance of the Department of Energy and the 
National Academy of Sciences. The Departments of Transportation and 
Energy, as well as a number of industry research groups, including the 
Pipeline Research Council International and the Gas Technology 
Institute, currently conduct research on pipeline integrity, but there 
is no coordinated, prioritized plan to ensure the most critical issues 
are being addressed in the most effective manner. I am introducing a 
bill today, the Pipeline Integrity, Safety and Reliability Research and 
Development Act of 2000, that will set up such a structure led by the 
Department of Transportation. I want to thank Senators McCain, 
Hollings, Murray, Gorton, Robb, Brownback, Breaux, Domenici, Landrieu, 
Kerry and Torricelli for cosponsoring this bill.
  The bill directs DOT and DOE to work with an Advisory Committee set 
up by the National Academy of Sciences to develop a five-year 
accelerated plan of action to address the most critical R&D needs to 
ensure pipeline integrity, safety and reliability. The Advisory 
Committee would include representatives of the natural gas, oil and 
petroleum product pipelines, the national labs, universities, the 
industry research groups, state pipeline safety officials, 
environmental organizations, pipeline safety advocates and any other 
technical experts the Academy includes.
  According to a recent GAO report, ``From 1989 through 1998, pipeline 
accidents resulted in an average of about 22 fatalities per year. 
Fatalities from pipeline accidents are relatively low when compared 
with those from accidents involving other forms of freight 
transportation: On average about 66 people die each year from barge 
accidents, about 590 from railroad accidents, and about 5100 from truck 
accidents.'' Recent accidents, including the tragedy in my state, have 
undermined public confidence in the safety of pipelines. As 
policymakers we must take responsibility for restoring that confidence.
  Natural gas and liquid pipelines are a critical element of our 
nation's energy infrastructure. They provide a cost-effective and 
relatively safe means of delivering energy. As the economy has grown, 
and become increasingly urbanized, siting new pipelines has become more 
and more challenging. At the same time, the importance of these 
pipelines has increased dramatically. Incidents on two gasoline 
pipelines, relatively unnoticed since no one was injured, reduced their 
operations at a critical time this summer contributing to a gasoline 
price spike of $2.50 a gallon in the northern Midwest. The rupture of 
this major natural gas transmission line in New Mexico reduced supplies 
into California at a critical time of peak electricity demand. I hope 
we don't experience a major failure of a product line into the 
northeast this fall or winter which could send the price heating oil 
off the charts.
  I plan to offer my bill as an amendment to the pipeline safety 
reauthorization when it comes before the Senate. As the ranking member 
on the Energy Committee and representative of a state crisscrossed with 
thousands of miles of pipelines, I urge my colleagues to support 
passage of the pipeline safety reauthorization bill with my amendment. 
I further urge you to support full funding for the Office of Pipeline 
Safety and the R&D program.
  Let me indicate the cosponsors of this legislation: Senators McCain, 
Hollings, Murray, Brownback, Domenici, Breaux, Robb, Torricelli, 
Gorton, Kerry, and Landrieu. I ask unanimous consent to have the bill 
and two articles printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3002

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

[[Page S8021]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Pipeline Integrity, Safety 
     and Reliability Research and Development Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) natural gas and hazardous liquid pipelines are a 
     critical element of our nation's energy infrastructure;
       (2) pipeline transportation of natural gas and liquid fuels 
     is a cost-effective means of delivering energy;
       (3) the nation's reliance on pipelines is increasing, 
     especially for delivery of fuel to densely populated areas;
       (4) a number of the nation's pipelines have been in service 
     for more than 50 years;
       (5) ensuring pipelines are constructed and maintained to 
     minimize the risks to safety and the environment is a 
     national priority;
       (6) early detection of serious defects in a pipeline 
     reduces the risk of accidents;
       (7) pipeline operators and federal and state inspectors 
     need advanced technologies to locate and monitor pipelines 
     before failures occur;
       (8) the many benefits of pipeline transportation are in the 
     national interest and it is appropriate for the Federal 
     Government to provide investment in fundamental and research-
     driven innovation in the areas of pipeline materials, 
     operations and inspections techniques; and
       (9) federal contributions to promoting pipeline safety 
     should be part of a coordinated research and development 
     program under the Department of Transportation and in 
     coordination with the Department of Energy, the national 
     laboratories, universities, the private sector and other 
     research institutes.

     SEC. 3. COOPERATION AND COORDINATION PROGRAM FOR PIPELINE 
                   INTEGRITY RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary of Transportation, in 
     coordination with the Secretary of Energy, shall develop and 
     implement an accelerated cooperative program of research and 
     development to ensure the integrity of natural gas and 
     hazardous liquid pipelines. This research and development 
     program shall include materials inspection techniques, risk 
     assessment methodology, and information systems surety.
       (b) Purpose.--The purpose of the cooperative research 
     program shall be to promote research and development to--
       (1) ensure long-term safety, reliability and service life 
     for existing pipelines;
       (2) expand capabilities of internal inspection devices to 
     identify and accurately measure defects and anomalies;
       (3) develop inspection techniques for pipelines that cannot 
     accommodate the internal inspection devices available on the 
     date of enactment;
       (4) develop innovative techniques to measure the structural 
     integrity of pipelines to prevent pipeline failures;
       (5) develop improved materials and coatings for use in 
     pipelines;
       (6) improve the capability, reliability, and practicality 
     of external lead detection devices;
       (7) identify underground environments that might lead to 
     shortened service life;
       (8) enhance safety in pipeline siting and land use;
       (9) minimize the environmental impact of pipelines;
       (10) demonstrate technologies that improve pipeline safety, 
     reliability and integrity;
       (11) provide risk assessment tools for optimizing risk 
     mitigation strategies; and
       (12) provide highly secure information systems for 
     controlling the operation of pipelines.
       (c) Areas.--In carrying out this Act, the Secretary of 
     Transportation, in coordination with the Secretary of Energy, 
     shall consider research and development on natural gas, crude 
     oil and petroleum product pipelines for--
       (1) early crack, defect, and damage detection, including 
     real-time damage monitoring;
       (2) automated internal pipeline inspection sensor systems;
       (3) land use guidance and set back management along 
     pipeline rights-of-way for communities;
       (4) internal corrosion control;
       (5) corrosion-resistant coatings;
       (6) improved cathodic protection;
       (7) inspection techniques where internal inspection is not 
     feasible, including measurement of structural integrity;
       (8) external lead detection, including portable real-time 
     video imaging technology, and the advancement of computerized 
     control center leak detection systems utilizing real-time 
     remote field data input;
       (9) longer life, high strength, non-corrosive pipeline 
     materials;
       (10) assessing the remaining strength of existing pipes;
       (11) risk and reliability analysis models, to be used to 
     identify safety improvements that could be realized in the 
     near term resulting from analysis of data obtained from a 
     pipeline performance tracking initiative.
       (12) identification, monitoring, and prevention of outside 
     force damage, including satellite surveillance; and
       (13) any other areas necessary to ensuring the public 
     safety and protecting the environment.
       (d) Points of contact.--
       (1) In general.--To coordinate and implement the research 
     and development programs and activities authorized under this 
     Act--
       (A) the Secretary of Transportation shall designate, as the 
     point of contact for the Department of Transportation, an 
     officer of the Department of Transportation who has been 
     appointed by the President and confirmed by the Senate; and
       (B) the Secretary of Energy shall designate, as the point 
     of contact for the Department of Energy, an officer of the 
     Department of Energy who has been appointed by the President 
     and confirmed by the Senate.
       (2) Duties.--
       (A) The point of contact for the Department of 
     Transportation shall have the primary responsibility for 
     coordinating and overseeing the implementation of the 
     research, development and demonstration program plan, as 
     defined in subsections (e) and (f).
       (B) The points of contact shall jointly assist in arranging 
     cooperative agreements for research, development and 
     demonstration involving their respective Departments, 
     national laboratories, universities and industry research 
     organizations.
       (e) Research and development program plan.--Within 240 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation, in coordination with the Secretary of Energy 
     and the Pipeline Integrity Technical Advisory Committee, 
     shall prepare and submit to the Congress a 5-year program 
     plan to guide activities under this Act. In preparing the 
     program plan, the Secretary shall consult with appropriate 
     representatives of the natural gas, crude oil and petroleum 
     product pipeline industries to select and prioritize 
     appropriate project proposals. The Secretary may also seek 
     the advice of utilities, manufacturers, institutions of 
     higher learning, federal agencies, the pipeline research 
     institutions, national laboratories, state pipeline safety 
     officials, environmental organizations, pipeline safety 
     advocates, and professional and technical societies.
       (f) Implementation.--The Secretary of Transportation shall 
     have primary responsibility for ensuring the five-year plan 
     provided for in subsection (e) is implemented as intended by 
     this Act. In carrying out the research, development, and 
     demonstration activities under this Act, the Secretary of 
     Transportation and the Secretary of Energy may use, to the 
     extent authorized under applicable provisions of law, 
     contracts, cooperative agreements, cooperative research and 
     development agreements under the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, 
     joint ventures, other transactions, and any other form of 
     agreement available to the Secretary consistent with the 
     recommendations of the Advisory Committee.
       (g) Reports to Congress.--The Secretary of Transportation 
     shall report to the Congress annually as to the status and 
     results to date of the implementation of the research and 
     development program plan. The report shall include the 
     activities of the Departments of Transportation and Energy, 
     the national laboratories, universities, and any other 
     research organizations, including industry research 
     organizations.

     SEC. 4. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to establish and manage the Pipeline Integrity 
     Technical Advisory Committee for the purpose of advising the 
     Secretary of Transportation and the Secretary of Energy on 
     the development and implementation of the five year research, 
     development and demonstration program plan as defined in Sec. 
     3(e). The Advisory Committee shall have an ongoing role in 
     evaluating the progress and results of the research, 
     development and demonstration carried out under this Act.
       (b) Membership.--The National Academy of Sciences shall 
     appoint the members of the Pipeline Integrity Technical 
     Advisory Committee after consultation with the Secretary of 
     Transportation and the Secretary of Energy. Members appointed 
     to the Advisory Committee should have the necessary 
     qualifications to provide technical contributions to the 
     purposes of the Advisory Committee.

     SEC. 5. AUTHORIZATION OF APPROPRIATION.

       (a) There are authorized to be appropriated to the 
     Secretary of Transportation for carrying out this Act 
     $3,000,000 which is to be derived from user fees (49 U.S.C. 
     Sec. 60125), for each of the fiscal years 2001 through 2005.
       (b) Of the amounts available in the Oil Spill Liability 
     Trust Fund (26 U.S.C. Sec. 9509), $3,000,000 shall be 
     transferred to the Secretary of Transportation to carry out 
     programs for detection, prevention and mitigation of oil 
     spills authorized in this Act for each of the fiscal years 
     2001 through 2005.
       (c) There are authorized to be appropriated to the 
     Secretary of Energy for carrying out this Act such sums as 
     may be necessary for each of the fiscal years 2001 through 
     2005.
                                  ____


             [From Current-argus.com, Wed., Aug. 23, 2000]

                   Family Reflects On Lost Loved Ones

                            (By Pam Easton)

       Lubbock.--She's had four days to try and understand why she 
     lost 11 family members to a pipeline explosion in 
     southeastern New Mexico. Martha Chapman has come up with only 
     one explanation so far--love.
       ``This family has lived together, loved together, camped 
     together, fought together, but never once been without 
     love,'' she said

[[Page S8022]]

     Tuesday from University Medical Center in Lubbock.
       A fireball erupting from the explosion swept through the 
     family's campsite along the Pecos River early Saturday 
     morning, turning sand into glass and parts of a nearby bridge 
     into powder.
       Chapman and other relatives have kept a vigil for the sole 
     survivor, Amanda Smith.
       She remains in critical condition in the hospital's burn 
     unit, suffering from burns more than 20 percent of her body 
     and smoke inhalation that has caused heart and kidney 
     problems.
       Amanda Smith's brother, Jerry Rackley, said those who died 
     are together again after doing what they loved best: camping, 
     fishing and being with family.
       Killed were Amanda Smith's parents, Don and Glenda Sumler; 
     her father-in-law, Bobby Smith; her husband, Terry Smith; her 
     son, Dustin; her daughter, Kirsten; her brother- and sister-
     in-law, Roy and Amy Heady; and their three children.
       The losses have been staggering for everyone involved, but 
     they will most likely be the hardest for Amanda Smith, 
     Rackley said.
       ``We need her,'' Chapman said, weeping. ``She is my son's 
     wife. She is my daughter.''
       A similar vigil was kept for Bobby Smith, Amanda's father-
     in-law, who died Monday.
       Chapman said the family has managed to face each day by 
     sharing prayers and memories, knowing that those who died are 
     now together with God. ``That is why so many of us have left 
     this earth together,'' Chapman said. ``When we were placed on 
     this earth, we were already genetically linked. Our lives 
     were already intwined by God.''
       El Paso Natural Gas, which owned the pipeline, has put the 
     family up in hotels, fed them, clothed them and made sure 
     they go without any wants or needs.
       Rackley said extended family members who have traveled to 
     the hospital have eased everyone's pain.
       ``There are faces here that I've never seen before,'' he 
     said. ``But they are family. They have a place in my heart 
     and they always will.''
                                  ____


     [From A service of the Albuquerque Journal, September 5, 2000]

                       Last Pipeline Victim Dies

       CARLSBAD, N.M.--Amanda Smith, the only survivor of a 
     pipeline explosion that killed 11 members of her extended 
     family Aug. 19, died Tuesday in a Lubbock hospital.
       Smith, 25, lost her husband and two children in the fiery 
     blast that engulfed the family's campsite near Carlsbad.
       Her brother and Smith family members were with her when she 
     died at 12:35 p.m. CDT, said Gwen Stafford, vice president of 
     University Medical Center in Lubbock.
       Stafford said Smith never regained consciousness at the 
     Texas hospital.
       The pipeline owned by El Paso Energy Company blew up along 
     the Pecos River 25 miles south of Carlsbad, sending a 350-
     foot-fireball into the sky and billows of flame into the 
     nearby campsite.
       Amanda Smith and her father-in-law, Bobby Smith, 43, were 
     sent to he Lubbock hospital, where Bobby Smith died August 
     21.
       Also killed were Amanda Smith's husband, Terry, 23; his 3-
     year-old son, Dustin; her daughter, Kirsten Sumler, 5; her 
     parents, Don Sumler and Glenda Sumler, 47, of Loving; and Roy 
     Lee Heady, 20; his wife Amy, 18, of Artesia, and their three 
     daughters, 22-month-old Kelsey and 6-month-old twins Timber 
     and Tamber.
       National Transportation Safety Board investigators have not 
     determined what caused the explosion and said it could take 
     up to a year to prepare a report. However, they said 
     investigators, at the scene found that corrosion inside the 
     damaged pipeline had eaten away half of the pipe's wall in 
     places.
       Bobby Smith's wife, Jennifer, filed a federal lawsuit Aug. 
     30 in Albuquerque, alleging El Paso Natural Gas ``failed to 
     properly comply with state and federal rules, regulations, 
     opinions and orders while operating an interstate gas 
     transmission line'' near the intersection of the Delaware and 
     Pecos rivers in Eddy County.
       The gas company also failed to ``properly inspect, 
     maintain, and operate their interstate gas transmission 
     line,'' which led to the explosion and fire, the lawsuit 
     said.
                                 ______