[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[Senate]
[Pages S9230-S9232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      PIPELINE SAFETY LEGISLATION

  Mr. BREAUX. Mr. President, I want to take a few minutes to speak to 
my colleagues in this body as well as to our colleagues in the other 
body regarding the subject on which the Senate has spent a considerable 
amount of time; that is, pipeline safety, legislation which passed the 
Senate by a unanimous vote, with Republicans and Democrats supporting a 
unanimous consent request to pass this legislation without any dissent 
and without any arguments against it whatsoever.
  On September 9, that bill passed the Senate and is now pending over 
in the other body where our House colleagues are taking a look at this 
legislation, trying to figure out what course they should take.
  This legislation passed this body by unanimous consent because of the 
good work for over a year by colleagues in both parties. I particularly 
commend and thank the chairman, who I understand is coming over from 
the Commerce Committee, Senator McCain, for his good work and for 
working with me as a member of the committee but also taking the rather 
unusual step of inviting other interested Senators to actually 
participate in the markup in the Commerce Committee.
  I credit Senator McCain for making it possible for Senator Murray of 
Washington to come over and actually sit in on the hearings, which is 
unusual for a Member, to take the time not only to attend to her duties 
in her own committee but to take time to listen to witnesses in another 
committee, which she did sitting at the podium with those of us on the 
Commerce Committee and also participating in asking questions.
  It was a good combination between what Senator McCain allowed, which 
was a little unusual, and what Senator Murray was able to participate 
in because of her strong interest and because of what has happened in 
her State with the recent tragic accident involving a pipeline which 
exploded, resulting in the tragic death of individuals from her State.
  The result of those hearings was a compromise piece of legislation, 
which is a 100-percent improvement over the current situation with 
regard to how we look at the issue of pipeline safety. This is an issue 
that is extremely important to my State. We have over 40,000 miles of 
buried natural gas pipelines in the State of Louisiana.
  If you look at a map of our State, it shows all of the buried 
pipelines. It looks like a map of spaghetti in an Italian restaurant 
because we have pipelines all over our State transporting the largest 
amount of natural gas coming from the offshore Gulf of Mexico as well 
as onshore pipelines that distribute gas not just to the constituents 
of my State but to constituents throughout the United States who depend 
upon Louisiana for a dependable source of natural gas. Pipelines in 
Louisiana are important not just to Louisianians but also to people 
from throughout this Nation.
  The bill we have is one that requires periodic pipeline testing. It 
says if we can do it from an internal inspection, we will do it that 
way. If that is not possible, we have to do it with what we call a 
``direct assessment'' of the lines, which actually means companies 
would have to dig them up and physically inspect the lines.
  We require enhanced operator qualifications to make sure the people 
who are doing the work are trained and have a background in this 
particular area. We call for investments in technology to look at 
better ways of doing what is necessary to ensure their safety.
  States would be given an increased role. But I have to say that the 
primary role would be the Federal Government's because these are 
interstate pipelines we are talking about under the pipeline safety 
area.
  Communities would also be given increased involvement. I think it is 
important to let them know where the

[[Page S9231]]

lines are and that they are being inspected and also to hear their 
suggestions. They don't regulate the pipeline safety requirements, but 
they should be involved by being heard.
  I think to the credit of everybody, particularly Senator Murray, this 
type of feature involving local community involvement is 100 percent 
better than it used to be because in the past there was very little 
involvement whatsoever.
  The problem we take to the floor today to talk about is time. This is 
not rocket science. We don't have a lot of time to complete this bill. 
We hope our colleagues in the House who use this Senate vehicle will 
bring it to the floor in the other body and handle it in an expeditious 
fashion.
  I repeat, this bill passed the Senate by a unanimous vote. It should 
not be controversial. It should be something that our friends and 
colleagues in the other body, Republican or Democrat, would be able to 
say we worked together with our Senate colleagues in an equal fashion 
and came to an agreement that this is good legislation.
  It increases the safety of pipelines that are buried throughout the 
United States to help assure that we will not have some of the tragic 
events we have had in the past. The companies we have dealt with in my 
State support this measure. They want some improvements. They have been 
very helpful in making suggestions, as well as individuals and groups 
of concerned citizens who have made recommendations. We have taken all 
of them into consideration. We have a good piece of legislation that we 
hope our colleagues will be able to take up. Let's get it signed. If we 
let some of the details guide the actions in the other body, 
unfortunately, we may end up with nothing instead of a good bill.
  I think we should recommend this to our colleagues and do so today.
  Mrs. MURRAY. I thank my colleague from Louisiana for his efforts in 
making sure we pass a bill that will improve the safety of family and 
children who work or play near pipelines in this country. He is right; 
the House has an obligation now to take up the bill that we have passed 
in the Senate and move it forward. I thank him and I agree with his 
comments.
  We have been joined by the chair of the Commerce Committee, Senator 
McCain, who has done a tremendous job in moving this legislation 
forward. I personally thank him, as well.
  It has been 16 months since a pipeline exploded in Bellingham, 
Washington and killed 3 young people. Back then, few Americans knew 
about the dangers of our Nation's aging pipelines. But in the past 
year--especially after the explosion in New Mexico last month--it 
became clear that this Congress had to do more to protect the public.
  As my colleagues know, it is difficult to reform any major industry 
in just one year. But it was clear that we couldn't wait any longer to 
make pipelines safer. We in the Senate had a responsibility to protect 
the public, and I am pleased that the bill we passed earlier this month 
will go a long way to making pipelines safer. It is a dramatic 
improvement over the status quo.
  That's why I've been so dismayed by what has happened in the House in 
recent weeks. The House of Representatives has not passed--or even 
marked up--any pipeline bill, but some Members have already called our 
bill inadequate. They also claim that they can pass a better bill this 
year--with just a few scheduled legislative days left in this Congress. 
I don't see it happening.
  I have worked on this issue for over a year and that's why I want to 
address those claims--because they are based on three incorrect 
assumptions. The first fallacy is that the Senate bill will not improve 
safety. We worked long and hard over many months to pass a strong bill. 
And this bill will improve safety.
  Let's look at some of the provisions.
  Expanding the public's right to know about pipeline hazards;
  Requiring pipeline operators to test their pipelines;
  Requiring pipeline operators to certify their personnel;
  Requiring smaller spills to be reported;
  Raising the penalties for safety violators;
  Investing in new technology to improve pipeline safety;
  Protecting whistle blowers;
  Increasing state oversight; and
  Increasing funding for safety efforts.
  These are clear improvements over the status quo and they will make 
pipelines safer. This is not a perfect bill, but we should not make the 
perfect the enemy of the good. Let's take the steps we can now to 
improve pipeline safety.
  Some also suggest that the Senate bill relies on the Office of 
Pipeline Safety too much. Now it is clear that OPS has not done its job 
in the past. That is why this bill requires OPS to carry out 
congressional mandates. And we in Congress have a responsibility to 
hold OPS accountable for doing its job. I intend to remain vigilant in 
this area.
  Our bill includes more resources for the agency. And today public 
scrutiny on the agency--especially after a report by the General 
Accounting Office and a report I requested from DOT's inspector 
general--have put the agency under a microscope. I am confident that 
OPS today has a renewed commitment to safety. And I am pleased our bill 
includes the right amount of new resources and tools to make pipelines 
safer.
  Let me turn to another assumption that has been made by some.
  They suggest this bill could be amended significantly this year. 
That's a long process even under normal circumstances. And this year 
there are only a few days left. I don't see how it could happen this 
year.
  So some critics say--we'll start again next year--we'll do better 
next year. That means it will be at least a year--maybe longer before 
the issue is even brought up again.
  And how can we have so much faith that we'll get anything stronger--
or anything at all--under a new Congress and a new President?
  Let me ask a simple question:
  Would you take that bet if your family's safety depended on it? I 
wouldn't. And I don't think we can shirk our responsibility to protect 
the public this year.
  Before I finish, I do want to say something about those who have 
raised concerns about the Senate bill. They are good people with good 
motives.
  In some cases, they have paid too high a price. They want safer 
pipelines. That is exactly what I want. Unfortunately, here in 
Congress--their position ends up ``making the perfect the enemy of the 
good.'' And that means no reform at all.
  Looking for some ``better bill'' really means no bill at all this 
year. Rejecting the Senate bill really means accepting the inadequate, 
unsafe status quo for at least another year. I don't want another 
American family to look at this Congress and say, ``why did you drop 
the ball when you were so much closer to improving safety?''
  Passing the Senate bill means we will finally get on the road to 
making pipelines safer. Once we're on that road we can always make 
course corrections. But we've got to get on that road to start with and 
that's why I urge my colleagues in the House to pass the Senate bill 
immediately.
  We've got a strong bill. Let's put it into law.
  Let me make it clear: It is critical that the House take up this bill 
this year. Senator McCain has done an outstanding job. We owe the 
people in my State, New Mexico, and other States that have had 
accidents, to do the right thing this year. I encourage this Congress 
to act.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Crapo). The Senator from Arizona.
  Mr. McCAIN. Mr. President, before she leaves the floor, I thank 
Senator Murray. Without her unrelenting efforts and that of her 
colleague, Senator Gorton, I know we would not have passed the 
legislation through the Senate, and I know it would not have been as 
comprehensive nor as carefully done. I thank the Senator from 
Washington for her outstanding work, including that on behalf of the 
families who suffered in this terrible tragedy in her home State. I 
come to the floor today to once again bring to the attention of my 
colleagues the urgency of passing and sending to the President pipeline 
safety improvement legislation. While the Senate acted two weeks ago 
and passed S. 2438, the Pipeline Safety Improvement Act of 2000, the 
House has yet to take action on pipeline safety legislation. Despite 
the efforts of Mr. Franks, chairman of the

[[Page S9232]]

House Subcommittee on Economic Development, Public Buildings, Hazardous 
Materials and Pipeline Transportation, who has introduced pipeline 
safety legislation that is almost identical to S. 2438, the full House 
has not advanced a pipeline safety bill. Time is running out.

  I thank our colleague from Louisiana, Senator Breaux, for his active 
participation. His knowledge and expertise on this issue has been 
essential.
  Mr. President, each day that passes without enactment of 
comprehensive pipeline safety legislation like that approved 
unanimously by the Senate places public safety at risk. As my 
colleagues may recall, just prior to Senate passage of the Pipeline 
Safety Improvement Act, a 12-inch propane pipeline exploded in Abilene 
Texas, after being ruptured by a bulldozer. That accident resulted in 
the fatality of a police officer. Sadly, that accident brings the total 
lives that have been lost in recent accidents to 16.
  In Abilene, the victim was a 42-year-old police detective who just 
happened to pass by in his car as the propane exploded across State 
Highway 36. Just last month, 12 individuals lost their lives near 
Carlsbad, New Mexico, after the rupture of a natural gas transmission 
line. And we cannot forget about last year's tragic accident in 
Bellingham, Washington, that claimed the lives of three young men.
  I repeat what I said two weeks ago during the Senate's consideration 
of the Pipeline Safety Improvement Act: we simply must act now to 
remedy identified safety problems and improve pipeline safety. To do 
less is a risk to public safety and will perhaps result in even more 
needless deaths.
  It is my hope that I will not have to come to this floor again to 
implore our colleagues in the House to take action. It is not typical 
for me to urge the other body to take up a Senate bill without 
modification, but time is running out.

  I also point out the strong support of our legislation by the 
administration.
  I will quote from Secretary Slater's press release issued after 
Senate passage of S. 2438:

       I commend the U.S. Senate for taking swift and decisive 
     action in passing the Pipeline Safety Improvement Act of 
     2000. This legislation is critical to make much-needed 
     improvements to the pipeline safety program. It provides for 
     stronger enforcement, mandatory testing of all pipelines, 
     community right-to-know information, and additional 
     resources.

  I further want to point out my disappointment that some in the other 
body are willing to put safety at risk for what appears to be pure 
political gain.
  I am aware of a series of ``Dear Colleagues'' transmitted by some in 
the House harshly criticizing the Senate bill. This same bill, 
unanimously approved by the Senate, is strongly supported by Secretary 
Slater for being a strong bill to advance safety. Therefore, I find the 
criticism by a handful of House Members quite revealing when one of 
those harshest critics only last year voted in support of moving a 
clean 2-year reauthorization of the Pipeline Safety Act out of the 
House Commerce Committee and the other critic has not taken any action 
that I have seen to advance pipeline safety during this session. They 
just don't want a bill because they are betting on being in charge next 
year. That is the kind of leadership the American people would reject.
  I do not consider enacting S. 2438 to be the end of our work in this 
area. Indeed, I commit to our colleagues to continue our efforts to 
advance pipeline safety during the next Congress.
  I am willing for the committee to continue to hold hearings on 
pipeline safety and will work to advance additional proposals that my 
colleagues submit to promote it. But little more can be done in the 
time remaining in the session. I don't see how it could be possible to 
move any other pipeline safety bill prior to adjournment. Therefore, it 
is urgent for the House to act now.
  The time is long overdue for Congress and the President to take 
action to strengthen and improve pipeline safety. We simply cannot risk 
the loss of any more lives by lack of needed attention on our part. 
Therefore, I urge my colleagues in the House to join ranks and support 
passage of pipeline safety reform legislation immediately so we can 
send the bill on to the President for his signature. Lives are at risk 
if we don't act now.
  I thank my colleagues, and I yield the floor.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, may I ask how much time I am allotted 
under the unanimous consent agreement?
  The PRESIDING OFFICER. The Senator from Alaska is provided up to 20 
minutes.

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