[Congressional Record (Bound Edition), Volume 147 (2001), Part 2]
[Senate]
[Pages 1628-1632]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 2. Mr. SMITH of Oregon submitted an amendment intended to be 
proposed by him to the bill S. 235, to provide for enhanced safety, 
public awareness, and environmental protection in pipeline 
transportation, and for other purposes; which was ordered to lie on the 
table; as follows:

       Following Subsection (b), Authority To Impose Limitation's, 
     insert the following:
       ``(c) Limitation on Authority.--
       ``(1) The interim regional price limitation, or cost-of-
     service based rate, shall not apply to any sale of electric 
     energy at the wholesale rate for delivery in a state that--
       ``(A) has barred regulated utilities from passing through 
     to retail consumers FERC-mandated wholesale rates, or
       ``(B) has instituted caps on the retail prices that 
     regulated utilities can charge that are too low for the 
     regulated utilities to recover costs on a cost-of-service 
     based rate or that have resulted in the default of payments 
     to other utilities within the region comprising the Western 
     Systems Coordinating Council.
       ``(2) Notwithstanding any other provision of law, neither 
     the Secretary nor the Commission may order the sale of 
     electricity or natural gas into any state that meets the 
     criteria set forth in subsection 1, unless there is a 
     guarantee that the seller will be paid.
       ``(3) Notwithstanding any other provision of law, state 
     public utility commissions within the region comprising the 
     Western Systems Coordinating Council may require that 
     regulated utilities under their respective jurisdictions meet 
     the electricity demands of that utility's service area before 
     making sales into any state that meets the criteria set forth 
     in subsection 1.
       ``(d) Inquiries.--
       ``(1) The Commission is directed to undertake an 
     examination to determine whether, within the region 
     comprising the Western Systems Coordinating Council, any sale 
     of electric energy at the wholesale rate in interstate 
     commerce subject to the jurisdiction of the Commission under 
     part II of the Federal Power Act is unjust, unreasonable, or 
     unduly preferential.
       ``(2) The Securities and Exchange Commission (SEC) is 
     directed to study whether the regulated utilities in states 
     that meet the criteria set forth in Subsection (c)(1) are 
     uncreditworthy, or have defaulted on payments, because of 
     transfers of funds to parent holding companies or to 
     subsidiaries beyond payments in accordance with any state 
     deregulation statutes. The SEC is to report its findings to 
     the House Committee on Energy and Commerce and the Senate 
     Committees on Commerce and Energy and Natural Resources 
     within 120 days of enactment.''
       Renumber the sequential subsections accordingly.
                                  ____

  SA 3. Mrs. BOXER (for herself, Ms. Mikulski, Mr. Wellstone, Mr. 
Murkowski, Mrs. Feinstein, Mrs. Carnahan, and Mr. Grassley) proposed an 
amendment to the bill S. 235, to provide for enhanced safety, public 
awareness, and environmental protection in pipeline transportation, and 
for other purposes; as follows:

       At the end, add the following:

     SEC.  . STUDY OF NATURAL GAS RESERVE.

       (a) Findings.--Congress finds that--
       (1) In the last few months, natural gas prices across the 
     country have tripled.
       (2) In California, natural gas prices have increased 
     twenty-fold, from $3 per million British thermal units to 
     nearly $60 per million British thermal units.
       (3) One of the major causes of these price increases is a 
     lack of supply, including a lack of natural gas reserves.
       (4) The lack of a reserve was compounded by the rupture of 
     an El Paso Natural Gas Company pipeline in Carlsbad, New 
     Mexico on August 1, 2000.
       (5) Improving pipeline safety will help prevent similar 
     accidents that interrupt the supply of natural gas and will 
     help save lives.
       (6) It is also necessary to find solutions of the lack of 
     natural gas reserves that could be used during emergencies.
       (b) Study by the National Academy of Sciences.--The 
     Secretary of Energy shall request the National Academy of 
     Sciences to--
       (1) conduct a study to--
       (A) determine the causes of recent increases in the price 
     of natural gas, including whether the increases have been 
     caused by problems with the supply of natural gas or by 
     problems with the natural gas transmission system;
       (B) identify any Federal or State policies that may have 
     contributed to the price increases; and
       (C) determine what Federal action would be necessary to 
     improve the reserve supply of natural gas for use in 
     situations of natural gas shortages and price increases, 
     including determining the feasibility and advisability of a 
     federal strategic natural gas reserve system; and
       (2) not later than 60 days after the date of enactment of 
     this Act, submit to Congress a report on the results of the 
     study.
                                  ____

  SA 4. Mr. McCAIN (for himself and Mr. Hollings) proposed an amendment 
to the bill S. 235, to provide for enhanced safety, public awareness, 
and environmental protection in pipeline transportation, and for other 
purposes; as follows:

       On page 5, line 12, after ``industry'' insert ``and 
     employee organization''.
       On page 34, line 9, strike ``sections 60525'' and insert 
     ``section 60125''.
       On page 34, line 14, after ``transferred'' insert ``to the 
     Secretary of Transportation, as provided in appropriation 
     Acts,''
       On page 34, beginning in line 15, strike ``fiscal year 
     2002, fiscal year 2003, and fiscal year 2004,'' and insert 
     ``each of fiscal years 2002, 2003, and 2004.''.
       On page 34, line 21, strike ``60125'' and insert ``60301''.

[[Page 1629]]

       On page 35, line 1, strike ``Transportation'' and insert 
     ``Transportation, as provided in appropriation Acts,''.
       On page 36, line 5, strike ``until--'' and insert ``until 
     the earlier of the date on 
     which--''.
       On page 36, line 6, strike ``determines'' and insert 
     ``determines, after notice and an opportunity for a 
     hearing,''.
       On page 36, line 14, strike ``Disciplinary action'' and 
     insert ``Action''.
                                  ____

  SA 5. Mr. McCAIN (for Mr. Reed) proposed an amendment to the bill S. 
235, to provide for enhanced safety, public awareness, and 
environmental protection in pipeline transportation, and for other 
purposes; as follows:

       At the end, add the following:

     SEC.  . STUDY AND REPORT ON NATURAL GAS PIPELINE AND STORAGE 
                   FACILITIES IN NEW ENGLAND.

       (a) Study.--The Federal Energy Regulatory Commission, in 
     consultation with the Department of Energy, shall conduct a 
     study on the natural gas pipeline transmission network in New 
     England and natural gas storage facilities associated with 
     that network. In carrying out the study, the Commission shall 
     consider--
       (1) the ability of natural gas pipeline and storage 
     facilities in New England to meet current and projected 
     demand by gas-fired power generation plants and other 
     consumers;
       (2) capacity constraints during unusual weather periods;
       (3) potential constraint points in regional, interstate, 
     and international pipeline capacity serving New England; and
       (4) the quality and efficiency of the federal environmental 
     review and permitting process for natural gas pipelines.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Federal Energy Regulatory 
     Commission shall prepare and submit to the Senate Committee 
     on Energy and Natural Resources and the appropriate committee 
     of the House of Representatives a report containing the 
     results of the study conducted under subsection (a), 
     including recommendations for addressing potential natural 
     gas transmission and storage capacity problems in New 
     England.
                                  ____

  SA 6. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill S. 235, to provide for enhanced safety, public 
awareness, and environmental protection in pipeline transportation, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 7 and insert the following:

     SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND 
                   COMMUNITY RIGHT TO KNOW.

       (a) Requirements.--
       (1) Program requirements.--
       (A) In general.--Section 60116 is amended to read as 
     follows:

     ``Sec. 60116. Public education, emergency preparedness, and 
       community right to know

       ``(a) Public Education Programs.--
       ``(1) Requirement for programs.--
       ``(A) In general.--Each owner or operator of a pipeline 
     facility shall carry out a continuing program to educate the 
     public about its facility.
       ``(B) Content.--
       ``(i) Information.--The program shall include information 
     on the use of a one-call system for advance notification of 
     an excavation and for other damage prevention actions, the 
     possible hazards associated with unintended releases from the 
     pipeline facility, the physical indications that such a 
     release may have occurred, the steps that should be taken for 
     public safety in the event of a pipeline release, and how to 
     report such an event.
       ``(ii) Other activities.--The public education program 
     shall also include activities to advise affected 
     municipalities, school districts, businesses, and residents 
     of pipeline facility locations.
       ``(2) Periodic review.--The Secretary or the appropriate 
     State agency shall periodically review the public education 
     program of each owner or operator of a pipeline facility.
       ``(3) Program elements, standards, and materials.--The 
     Secretary may prescribe the elements of an effective public 
     education program and standards for assessing the 
     effectiveness of the program. The Secretary may also develop 
     materials for use in the program.
       ``(b) Emergency Preparedness.--
       ``(1) Liaison requirement.--Each operator of a pipeline 
     facility shall maintain liaison--
       ``(A) with the Office of Pipeline Safety of the Department 
     of Transportation;
       ``(B) with the Regional Emergency Response Coordinator for 
     a region in which it operates; and
       ``(C) for each State in which the facility operates--
       ``(i) with the State emergency response commissions;
       ``(ii) with the local emergency planning committees in the 
     areas of pipeline rights-of-way established under section 301 
     of the Emergency Planning and Community Right-To-Know Act of 
     1986 (42 U.S.C. 11001); and
       ``(iii) in the case of a community without a local 
     emergency planning committee, with the local firefighting, 
     police, and other emergency response agencies.
       ``(2) Availability of map information.--
       ``(A) Requirement.--Each such operator shall make available 
     to the entities referred to in paragraph (1) the map prepared 
     by the operation under subsection (c)(1)(B)(v) in a format 
     that is integrated into a commercial off-the-shelf in-vehicle 
     portable computer global positioning system navigation 
     mapping software used in first responder vehicles equipped 
     with portable computers and responding to pipeline spills.
       ``(B) Designation of regional emergency transportation 
     coordinators.--The Secretary shall designate the Regional 
     Emergency Transportation Coordinator who, for the purpose of 
     providing the most cost effective first responder mapping 
     tool for coordinated emergency responses in within the 
     Coordinator's region of responsibility, is--
       ``(i) to define the in-vehicle navigation mapping standards 
     for the preparation of maps that are to be made available 
     under subparagraph (A) for areas within that region; and
       ``(ii) to contract with the outsource mapping vendor.
       ``(c) Community Right To Know.--
       ``(1) Periodic pipeline segment assessment.--
       ``(A) Conduct; availability.--Each owner or operator of a 
     pipeline facility shall, once every 5 years--
       ``(i) conduct a safety assessment of each pipeline segment 
     of the facility under its operating control; and
       ``(ii) submit a report on the pipeline segment safety 
     assessment to the Secretary and to the State or States in 
     which the pipeline segment is located.
       ``(B) Content.--The report on the safety assessment for a 
     pipeline segment shall include, but not be limited to, the 
     following:
       ``(i) The business name, address, and telephone number of 
     the owner and operator of the pipeline segment (including any 
     parent company).
       ``(ii) An emergency telephone number that provides at any 
     time during the 24 hours of each day effective communication 
     with the owner and operator's point of contact who is capable 
     of identifying the material shipped through the pipeline 
     segment.
       ``(iii) An emergency telephone number that provides at any 
     time during the 24 hours of each day effective communication 
     with the owner and operator's point of contact who is 
     responsible, under the owner and operator's procedures, for 
     beginning an emergency discontinuation of the transporting of 
     gas or hazardous liquid through that segment.
       ``(iv) A description of the pipeline segment, including 
     pipeline diameter, the substance or substances carried, 
     maximum allowable operating pressure, construction material, 
     and age.
       ``(v) A map showing the location of the right-of-way for 
     the pipeline segment, the locations of any significant 
     anomalies, the locations of any other significant conditions 
     that are identified in inspections of the pipeline segment 
     under the integrity management program carried out by the 
     owner or operator under section 60109(c) or are known by 
     other means, and the locations of any portions of the 
     pipeline segment where operations could affect 
     environmentally sensitive areas and high-density population 
     areas.
       ``(vi) The primary causes of any pipeline failure for the 
     segment.
       ``(vii) A history of safety incidents for the pipeline 
     segment for the 5 years preceding the date of the report 
     (including any incident involving death, injury, evacuation, 
     environmental contamination, or property damage), together 
     with safety-related condition reports filed by an operator 
     under section 60102(h) and a report of a pipeline incident 
     filed by an operator under this chapter.
       ``(viii) A history of the actions that have been taken to 
     prevent pipeline hazards for the segment during the 5 years 
     preceding the date of the report, including a discussion of 
     the testing methods, the dates of testing, inspection and 
     testing results, and repair history.
       ``(ix) The spill mitigation technologies in use for the 
     pipeline segment, together with a description of the shut-off 
     valve distances and leak detection technologies and 
     sensitivities.
       ``(x) A history of the inspections and the enforcement 
     actions that have been undertaken with respect to the 
     pipeline segment during the 5 years preceding the date of the 
     report.
       ``(xii) Any additional identification, safety, or integrity 
     management information that the Secretary requires.
       ``(2) National pipeline registry.--
       ``(A) Establishment.--The Secretary shall within 180 days 
     of enactment of this act, maintain a National Pipeline 
     Registry of the pipeline segment safety assessments received 
     by the Secretary under paragraph (1).
       ``(B) Public information.--The Secretary shall make the 
     pipeline segment safety assessments in the National Pipeline 
     Registry available on the Internet free of charge.
       ``(3) Pipeline segment defined.--In this subsection, the 
     term `pipeline segment' means a length of pipeline with 
     homogeneous construction, operational, geographic, and 
     ownership characteristics.''.

[[Page 1630]]

       (B) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 601 is 
     amended to read as follows:

``60116. Public education, emergency preparedness, and community right 
              to know.''.

       (2) Safety condition reports.--Section 60102(h)(2) is 
     amended by striking ``State authorities'' in the second 
     sentence and inserting ``State officials, including the local 
     emergency responders.''.
       (b) Review of Public Education Programs.--
       (1) Review required.--Not later than one year after the 
     date of the enactment of this Act, each owner or operator of 
     a pipeline facility shall review its existing public 
     education program to determine the effectiveness of the 
     program and shall modify the program as necessary to improve 
     the effectiveness of the program and to comply with the 
     requirements of section 60116 of title 49, United States 
     Code, as amended by subsection (a).
       (2) Submittal to secretary.--Upon completing the review and 
     any modification of the program resulting from the review, 
     the owner or operator, as the case may be, shall submit a 
     detailed description of the program to the Secretary of 
     Transportation or, in the case of an intrastate pipeline 
     facility, to the appropriate State agency.
       (c) Time for Implementation of Requirements--
       (1) Operator liaison.--Each operator of a pipeline facility 
     shall have the emergency response liaison required under 
     subsection (b) of section 60116 of title 49, United States 
     Code (as amended by subsection (a)), in place not later than 
     one year after the date of the enactment of this Act.
       (2) Initial pipeline segment reports.--Each owner or 
     operator of a pipeline facility shall perform the initial 
     pipeline segment assessments for its pipeline facilities, and 
     submit the initial reports on those assessments, under 
     subsection (c)(1) of section 60116 of title 49, United States 
     Code (as amended by subsection (a)), not later than one year 
     after the date of the enactment of this Act.
       (3) National pipeline registry.--The Secretary of 
     Transportation shall complete the establishment of the 
     National Pipeline Registry required under subsection (c)(2) 
     of section 60116 of title 49, United States Code (as amended 
     by subsection (a)), not later than six months after the date 
     of the enactment of this Act.
                                  ____

  SA 7. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill S. 235, to provide for enhanced safety, public 
awareness, and environmental protection in pipeline transportation, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 5, and insert the following:

     SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

       (a) Program Required.--Section 60109 is amended by adding 
     at the end the following new subsection:
       ``(c) Risk Analysis and Integrity Management Programs.--
       ``(1) Requirement for operator programs.--Each operator of 
     a gas transmission or hazardous liquid pipeline facility 
     shall conduct an analysis of the risks to each facility of 
     the operator in an area identified pursuant to subsection 
     (a)(1) and shall adopt and implement a written integrity 
     management program for such facility to reduce the risks.
       ``(2) Required elements of integrity management programs.--
     An integrity management program adopted by an operator of a 
     facility in an area identified pursuant to subsection (a)(1) 
     shall include, at a minimum, the following:
       ``(A) Provision for periodic inspection of the facility, by 
     internal inspection device, pressure testing, direct 
     assessment, or an alternative method that would provide an 
     equal or greater level of safety, including a specification 
     of--
       ``(i) the types of inspections;
       ``(ii) the frequency of the inspections, which shall not be 
     less frequent than once every five years; and
       ``(iii) the manner in which the inspections or testing are 
     to be conducted.
       ``(B) Clearly defined criteria for evaluating the results 
     of--
       ``(i) inspections conducted under subparagraph (A); and
       ``(ii) any testing done in the inspection or as any other 
     part of the integrity management program.
       ``(C) Procedures for ensuring that problems identified in 
     such inspections or other testing are corrected in a timely 
     manner.
       ``(D) A description of measures to prevent and mitigate the 
     consequences of unintended releases from the facility, such 
     as leak detection, integrity evaluation, emergency flow 
     restricting devices, and other prevention, detection, and 
     mitigation measures.
       ``(E) The types of information sources that must be 
     integrated in assessing the integrity of the pipeline 
     facility as well as the manner of integration.
       ``(F) The nature and timing of actions selected to address 
     the integrity of the pipeline facility.
       ``(G) Any other factors that are appropriate for--
       ``(i) ensuring that the integrity of the pipeline facility 
     is addressed; or
       ``(ii) providing appropriate mitigative measures for 
     protecting areas identified under subsection (a)(1).
       ``(3) Systems to monitor pressure and detect leaks; use of 
     emergency flow restricting devices.--The operator of a 
     pipeline facility may also provide in an integrity management 
     program under paragraph (1) for the following:
       ``(A) Changes to valves or the establishment or 
     modification of systems that monitor pressure and detect 
     leaks based on the operator's risk analysis.
       ``(B) The use of emergency flow restricting devices.
       ``(4) Increased frequency of inspections.--
       ``(A) Considerations.--In determining whether to require 
     inspection of a facility more frequently than once every five 
     years, an operator shall take into account, as appropriate, 
     the following:
       ``(i) The potential for development of new defects in the 
     facility.
       ``(ii) The operational characteristics of the facility, 
     including age, operating pressure, block valve location, 
     corrosion history, spill history, and any known deficiencies 
     in the method of pipeline construction or installation.
       ``(iii) The possible growth of new and existing defects.
       ``(B) Outside force damage.--For purposes of subparagraph 
     (A)(i), in considering the potential for development of new 
     defects in a pipeline facility from damage by an outside 
     force, an operator shall consider information available about 
     current or planned excavation activities and the 
     effectiveness of damage prevention programs in the area.
       ``(5) Standards for minimum level of protection.--An 
     operator of a pipeline facility that is required to implement 
     an integrity management program under paragraph (1) shall--
       ``(A) adopt standards under this subsection that provide a 
     minimum level of protection for the operator's facilities in 
     areas identified pursuant to subsection (a)(1) that is at 
     least equivalent to the applicable level of protection 
     established by national consensus standards organizations; 
     and
       ``(B) implement pressure testing and other integrity 
     management techniques in a manner that minimizes 
     environmental or safety risks, such as by use of water for 
     pressure testing.
       ``(6) Authority and responsibility of secretary.--
       ``(A) Standards.--
       ``(i) Authority.--The Secretary may prescribe standards to 
     direct an operator's conduct of a risk analysis and adoption 
     and implementation of an integrity management program under 
     paragraph (1).
       ``(ii) Inaction by secretary.--The responsibility of an 
     operator of a pipeline facility to conduct a risk analysis or 
     adopt or implement an integrity management program under 
     paragraph (1) shall not be affected by any failure of the 
     Secretary to prescribe standards under this subparagraph.
       ``(B) Review of integrity management programs.--
       ``(i) Transmittal to secretary.--Each operator of a 
     pipeline facility shall transmit to the Secretary a detailed 
     description of the operator's integrity management program in 
     writing.
       ``(ii) Authority to review.--The Secretary shall review the 
     risk analysis and integrity management program and record the 
     results of that review for use in the next review of the 
     operator's program.
       ``(iii) Context of review.--The Secretary may conduct a 
     review under clause (ii) as an element of the Secretary's 
     inspection of the operator.
       ``(iv) Inadequate programs.--If the Secretary determines 
     that an operator's risk analysis or integrity management 
     program is inadequate for the safe operation of a pipeline 
     facility, the Secretary shall act under section 60108(a)(2) 
     to require the operator to revise the risk analysis or 
     integrity management program.
       ``(v) Amendments to programs.--In order to facilitate 
     reviews under this subparagraph, an operator of a pipeline 
     facility shall notify the Secretary of any amendment made to 
     the operator's integrity management program not later than 30 
     days after the date of the adoption of the amendment.
       ``(vi) Transmittal of programs to state authorities.--The 
     Secretary shall provide a copy of a risk analysis and 
     integrity management program reviewed by the Secretary under 
     this subparagraph to any appropriate State authority with 
     which the Secretary has entered into an agreement under 
     section 60106.
       ``(7) State review of integrity management plans.--A State 
     authority that enters into an agreement pursuant to section 
     60106, permitting the State authority to review the risk 
     analysis and written program, may provide the Secretary with 
     a written assessment of the risk analysis and integrity 
     management program, make recommendations, as appropriate, to 
     address safety concerns not adequately addressed by the 
     operator's risk

[[Page 1631]]

     analysis or integrity management program, and submit 
     documentation explaining the State-proposed revisions. The 
     Secretary shall carefully consider the State's proposals and 
     work in consultation with the States and operators to address 
     safety concerns.
       ``(8) Opportunity for local input on integrity 
     management.--The Secretary shall, by regulation, establish a 
     process for raising and addressing local safety concerns 
     about pipeline integrity and operators' pipeline integrity 
     programs. The process shall include the following:
       ``(A) A requirement that an operator of a hazardous liquid 
     pipeline or an operator of a pipeline facility for the 
     transmission of natural gas, as the case may be, provide 
     information about the operator's risk analysis and integrity 
     management program required under this section to local 
     officials in the State in which the facility is located.
       ``(B) An identification of the local officials who are 
     required to be informed, the information that is to be 
     provided to them, and the manner (which may include 
     traditional or electronic means) in which it is to be 
     provided.
       ``(C) The means for receiving input from the local 
     officials, which may include a public forum sponsored by the 
     Secretary or by the State or the submission of written 
     comments through traditional or electronic means.
       ``(D) The extent to which an operator must participate in a 
     public forum sponsored by the Secretary or in another means 
     for receiving input from the local officials or in the 
     evaluation of that input.
       ``(E) The manner in which the Secretary will notify the 
     local officials about how their concerns are being addressed.
       ``(9) Baseline integrity assessment.--An operator of a 
     pipeline facility that is required to implement an integrity 
     management program under paragraph (1) shall complete a 
     baseline integrity assessment of each of the operator's 
     facilities in areas identified pursuant to subsection 
     (a)(1).''.
       (b) Implementation.--
       (1) Risk analyses and integrity management programs.--The 
     initial risk analyses and integrity management programs 
     required under section 60109(c)(1) of title 49, United States 
     Code (as added by subsection (a) of this section), shall be 
     completed not later than one year after the date of enactment 
     of this Act.
       (2) Baseline integrity assessments.--The initial baseline 
     integrity assessment of the pipeline facility of each 
     operator required under section 60109(c)(9) of title 49, 
     United States Code (as added by subsection (a) of this 
     section), shall be completed not later than five years after 
     the date of the enactment of this Act.
       (3) Review.--
       (A) Requirement for review.--Not later than 2 years after 
     all integrity management programs required to be submitted 
     within the time specified in paragraph (1)(A) have been 
     received by the Secretary of Transportation, the Secretary 
     shall complete an assessment and evaluation of the effects on 
     safety and the environment of expanding the applicability of 
     the requirements under section 60109(c) of title 49, United 
     States Code (as added by subsection (a) of this section), to 
     cover additional areas.
       (B) Submittal to congress.--The Secretary shall submit to 
     Congress the Secretary's assessment and evaluation together 
     with any recommendations for improving and expanding the 
     utilization of integrity management programs under that 
     subsection.
       (4) Opportunity for local input on integrity management.--
     The Secretary shall issue the regulations required under 
     section 60109(c)(8) of title 49, United States Code (as added 
     by subsection (a) of this section), not later than 18 months 
     after the date of the enactment of this Act.
                                  ____

  SA 8. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill S. 235, to provide for enhanced safety, public 
awareness, and environmental protection in pipeline transportation, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 4, and insert the following:

     SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

       (a) Personnel Qualification Plans.--
       (1) Requirement for plans.--Chapter 601 is amended by 
     adding at the end the following:
       (A) Submittal and certification.--Chapter 601 is amended by 
     adding at the end the following:

     ``Sec. 60129. Pipeline personnel qualification plans

       ``(a) Qualification Plans.--
       ``(1) Requirement for plans.--Each operator of a pipeline 
     facility shall make available to the Secretary a plan that is 
     designed to enhance the qualifications of the operator's 
     pipeline personnel and to reduce the likelihood of accidents 
     and injuries. In the case of an intrastate pipeline facility, 
     the appropriate State regulatory agency shall make the 
     operator's plan available to the Secretary.
       ``(2) Content.--The plan shall include, at a minimum, 
     criteria for the demonstration of the ability of an 
     individual to safely and properly perform tasks to which the 
     standards prescribed under section 60102 apply. The plan 
     shall also provide for training and periodic reexamination of 
     pipeline personnel and for requalification of those personnel 
     as appropriate, including qualification for inspecting the 
     structural integrity of cable-suspension pipeline bridges.
       ``(b) Updating of Plans.--After submittal of an operator's 
     plan under subsection (a), the operator shall revise or 
     update the plan when appropriate to ensure the current 
     validity of the plan and shall make the revised or updated 
     plan available to the Secretary under that subsection.
       ``(c) Review of Plans.--
       ``(1) Initial review.--The Secretary or, in the case of an 
     intrastate pipeline facility, the appropriate State 
     regulatory agency may review the qualification plan of an 
     operator and certify the adequacy of the plan for ensuring a 
     safe operating environment.
       ``(2) Periodic review.--The Secretary or, in the case of an 
     intrastate pipeline facility, the appropriate State 
     regulatory agency shall periodically review the qualification 
     plan of an operator to determine whether the plan continues 
     to ensure a safe operating environment.
       ``(d) Standards.--The Secretary shall establish minimum 
     standards for pipeline personnel training and evaluation, 
     which may include written examination, oral examination, work 
     performance history review, observation of job performance, 
     on the job training, simulations, or other forms of 
     assessment.''.
       (B) Clerical amendment.--The table of sections at the 
     beginning of chapter 601 is amended by adding at the end the 
     following:

``60129. Pipeline personnel qualification plans.''.

       (2) Time for initial submittal.--Each entity operating a 
     pipeline facility (within the meaning of section 60101(18) of 
     title 49, United States Code) shall first submit a personnel 
     qualification plan under section 60129 of such title (as 
     added by subsection (a)) not later than April 21, 2001.
       (b) Testing and Certification.--Section 60102(a)(1)(C) is 
     amended to read as follows:
       ``(C) shall include requirements that all individuals 
     responsible for the operation and maintenance of pipeline 
     facilities be tested for qualification to perform such 
     functions and be certified by the Secretary as qualified to 
     perform such functions, and may include a requirement that 
     those individuals obtain additional education and training to 
     qualify to perform such functions.''.
       (c) Suspension of Certification.--Section 60102(a) is 
     amended by adding at the end the following:
       ``(3) Suspension of certification.--
       ``(A) Authority.--The Secretary may suspend or revoke the 
     certification of an individual under paragraph (1)(C) if the 
     Secretary determines, after providing the individual with 
     notice and opportunity for hearing, that the individual--
       ``(i) has contributed to a violation of any provision of 
     this chapter or any regulation issued under this chapter; or
       ``(ii) willfully refuses to cooperate with the 
     investigation of any such violation.
       ``(B) Limitation.--A certification of an individual may be 
     suspended or revoked under subparagraph (A) only in a manner 
     that is not inconsistent with the constitutional rights of 
     the individual.''.
                                  ____

  SA 9. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill S. 235, to provide for enhanced safety, public 
awareness, and environmental protection in pipeline transportation, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of section 10(c), add the following:
       (3) Section 60122(a) is amended by adding at the end the 
     following:
       ``(3) A person who is the owner, operator, or person in 
     charge of a hazardous liquid pipeline facility from which a 
     hazardous liquid is discharged is liable to the Government 
     for a civil penalty of at least $1,000 per barrel of oil or 
     other hazardous liquid discharged, except that a person may 
     not be liable for a civil penalty under this subsection for a 
     discharge if the person has been assessed a civil penalty 
     under section 309 or 311(b) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1319; 1321(b)) for the discharge. A 
     person may be liable for a civil penalty under this paragraph 
     and paragraph (1) with respect to the same discharge.''.
                                  ____

  SA 10. Mr. CORZINE (for himself, Mr. Torricelli, Ms. Cantwell, Mrs. 
Murray, and Mr. Bingaman) proposed an amendment to the bill S. 235, to 
provide for enhanced safety, public awareness, and environmental 
protection in pipeline transportation, and for other purposes; as 
follows:

       Page 6, after line 21:
       The assessment period shall be no less than every 5 years 
     unless the DOT IG, after consultation with the Secretary 
     determines--
       There is not a sufficient capability or it is deemed 
     unnecessary because of more technically appropriate 
     monitoring or creates

[[Page 1632]]

     undue interruption of necessary supply to fulfill the 
     requirements under this paragraph.
                                  ____

  SA 11. Mr. NICKLES (for Mr. McConnell) proposed an amendment to the 
concurrent resolution H. Con. Res. 14, permitting the use of the 
rotunda of the Capitol for a ceremony as part of the commemoration of 
the days of rememberance of victims of the Holocaust; as follows:

       The first section of the resolution is amended by striking 
     ``April 18, 2001'' and inserting ``April 19, 2001''.

                          ____________________