[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[Senate]
[Pages 1030-1037]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. COLLINS (for herself and Mr. Conrad):
  S. 227. A bill to amend title XVIII of the Social Security Act to 
ensure more timely access to home health services for Medicare 
beneficiaries under the Medicare program; to the Committee on Finance.
  Ms. COLLINS. Mr. President, I rise today on behalf of myself and 
Senator Conrad to introduce legislation to ensure that our seniors and 
disabled citizens have timely access to home health services under the 
Medicare program.

[[Page 1031]]

  Nurse practitioners, physician assistants, certified nurse midwives 
and clinical nurse specialists are all playing increasingly important 
roles in the delivery of health care services, particularly in rural 
and medically underserved areas of our country where physicians may be 
in scarce supply. In recognition of their growing role, Congress, in 
1997, authorized Medicare to begin paying for physician services 
provided by these health professionals as long as those services are 
within their scope of practice under State law.
  Despite their expanded role, these advanced practice registered 
nurses and physician assistants are currently unable to order home 
health services for their Medicare patients. Under current law, only 
physicians are allowed to certify or initiate home health care for 
Medicare patients, even though they may not be as familiar with the 
patient's case as the non-physician provider. In fact, in many cases, 
the certifying physician may not even have a relationship with the 
patient and must rely upon the input of the nurse practitioner, 
physician assistant, clinical nurse specialist or certified nurse 
midwife to order the medically necessary home health care. At best, 
this requirement adds more paperwork and a number of unnecessary steps 
to the process before home health care can be provided. At worst, it 
can lead to needless delays in getting Medicare patients the home 
health care they need simply because a physician is not readily 
available to sign the form.
  The inability of advanced practice registered nurses and physician 
assistants to order home health care is particularly burdensome for 
Medicare beneficiaries in medically underserved areas, where these 
providers may be the only health care professionals available. For 
example, needed home health care was delayed by more than a week for a 
Medicare patient in Nevada because the physician assistant was the only 
health care professional serving the patient's small town, and the 
supervising physician was located 60 miles away.
  A nurse practitioner told me about another case in which her 
collaborating physician had just lost her father and was not available. 
As a consequence, the patient experienced a two-day delay in getting 
needed care while they waited to get the paperwork signed by another 
physician. Another nurse practitioner pointed out that it is ridiculous 
that she can order physical and occupational therapy in a subacute 
facility but cannot order home health care. One of her patients had to 
wait 11 days after being discharged before his physical and 
occupational therapy could continue simply because the home health 
agency had difficulty finding a physician to certify the continuation 
of the same therapy that the nurse practitioner had been able to 
authorize when the patient was in the facility.
  The Home Health Care Planning Improvement Act will help to ensure 
that our Medicare beneficiaries get the home health care that they need 
when they need it by allowing physician assistants, nurse 
practitioners, clinical nurse specialists and certified nurse midwives 
to order home health services. Our legislation is supported by the 
National Association for Home Care and Hospice, the American Nurses 
Association, the American Academy of Physician Assistants, the American 
College of Nurse Practitioners, the American College of Nurse Midwives, 
the American Academy of Nurse Practitioners, and the Visiting Nurse 
Associations of America. I urge all of my colleagues to join us as 
cosponsors of this important legislation.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Webb, Mrs. McCaskill, Mr. 
        Johnson of South Dakota, Mr. Manchin, Mr. Nelson of Nebraska, 
        and Mr. Conrad):
  S. 231. A bill to suspend, until the end of the 2-year period 
beginning on the date of enactment of this Act, any Environmental 
Protection Agency action under the Clean Air Act with respect to carbon 
dioxide or methane pursuant to certain proceedings, other than with 
respect to motor vehicle emissions, and for other purposes, to the 
Committee on Environment and Public Works.
  Mr. ROCKEFELLER. Mr. President. I rise today with Senators Webb, 
McCaskill, Tim Johnson, Manchin, Ben Nelson, and Conrad to introduce 
the EPA Regulations Suspension Act of 2011. We are introducing this 
legislation for a simple but enormously important reason. At a time 
when our economy is finally headed toward a recovery, the last thing we 
want to do is add new burdens to American companies that could result 
in them cutting jobs or being less productive in the global 
marketplace.
  In fact, I believe that the fate of our entire economy, our wide and 
varied manufacturing industries and our workers, especially our coal 
workers, rests in part on the decisions we make here in Washington. One 
thing we should never do is put the fate of an entire industry into the 
hands of the Environmental Protection Agency.
  My legislation is simple and reasonable. It requires that for 2 years 
the EPA can take no regulatory action, regarding carbon dioxide and 
methane emission from stationary sources. During that time no facility 
can be subjected to any requirement to obtain a permit or meet a New 
Source Performance Standard under the Clean Air Act with respect to 
carbon dioxide or methane. At the same time the legislation 
specifically allows for the widely-supported motor vehicle emission 
standards to continue moving forward.
  At the beginning of this year regulations came into effect that say 
if a company wants to retrofit an existing or build a new power plant, 
or factory, they now have to find ways to reduce their greenhouse gas 
emissions.
  Later this year the EPA will propose expanding these rules to cover 
existing stationary sources that are not expanding their operations. 
The impact of these rules is that companies will sit on the sidelines 
and opportunities for innovation and job creation will be lost. Because 
of these new rules companies won't build that new factory. They won't 
build that new power plant. And so they won't employ some of the 
millions of Americans who are out of work. That is why I believe these 
regulations need to be suspended.
  I want to make one thing perfectly clear. I believe that climate 
change is an important issue and Congress should and will address it 
working collaboratively with the administration and the private sector.
  But the lead should come from Congress and not the EPA. Congress, 
unlike the EPA, can craft proposals that reduce greenhouse gases while 
simultaneously protecting our economy. Most importantly, Congress is 
directly accountable to the people whose lives we impact.
  We are capable of tackling this great challenge in a way that 
supports rather than undermines our economy and our future.
  But the process has to work. It has to be open. It has to be truly 
bipartisan. It has to acknowledge the fact that all of our States use 
energy in very different ways. It has to protect our economy. This will 
not be achieved overnight, but it is possible.
  Technology can be a solution to this problem. West Virginia is poised 
to lead the effort on clean energy technology: because we know energy. 
We know coal. We know natural gas. We know Carbon Capture and Storage 
or CCS as few others do. We are coming to know wind and we have great 
potential in learning how to use our geothermal resources as well.
  The fact is, we in West Virginia know and embrace what too many 
others either don't understand or refuse to see, which is that our 
Nation and countries around the world are dependent on coal. That is 
not something that will change when half the globe is struggling to 
rise out of poverty.
  In this country we get almost half our electricity from coal. That 
will not change anytime soon. Globally countries such as China and 
India continue to increase their usage of coal as they develop their 
economies.
  To fight climate change we can't just choose to stop using coal. Even 
if we in the United States did, the rest of the world wouldn't; and the 
problem would continue. Instead we must find the technological solution 
that allows us

[[Page 1032]]

to use coal, while reducing its impact on the Earth and her people.
  I know that there are many on the Republican side of the aisle who 
believe it does not go far enough. There are many on my side of the 
aisle who believe it goes too far in tying the EPA's hands. Ultimately 
I believe this is good legislation because it is an achievable 
compromise. Too often in this body we seek to score political points on 
issues rather than solve problems that the country is facing now.
  And right now our Nation's manufacturing and industrial sectors are 
facing the prospect of overwhelming EPA regulation. Regulation that 
makes it harder for them to put America back to work. While many might 
think this is not the perfect solution it is a solution that I believe 
we can and should move early this year.
  One piece of the debate that is often missing in our discussions is 
to keep our focus on people and all the problems, including the problem 
of climate change, that affect their future.
  My focus is on protecting the hard-working people I represent--people 
who changed my life when I was born anew in the coalfields of West 
Virginia at the age of 26. These people, their work and their lives 
matter. Any regulatory solution that creates more problems for them 
than it fixes; and causes more harm than good in their lives is no 
solution at all. EPA regulation of greenhouse gases does just that.
  So that, Mr. President, is why I have introduced this legislation 
today. I hope that this body will act on it quickly, for we do not have 
time to waste. I yield the floor.
                                 ______
                                 
      By Mr. LEVIN:
  S. 232. A bill to amend the Internal Revenue Code of 1986 to increase 
the manufacturer limitation on the number of new qualified plug-in 
electric drive motor vehicles eligible for credit; to the Committee on 
Finance.
  Mr. LEVIN. Mr. President, today I am introducing legislation that is 
an important step for the competitiveness of U.S. manufacturing by 
continuing the nurturing of the market for the next generation of 
electric vehicles. This bill will continue the availability of the 
$7,500 consumer tax credit for plug-in hybrid vehicles. Current law 
limits the availability of this plug-in hybrid tax credit to the first 
200,000 vehicles per manufacturer, which is too small to support the 
revolutionary technological change that we are hopefully going to 
witness. Failure to provide this support risks falling short of 
President Obama's important goal of putting 1 million electric vehicles 
on the road by 2015.
  The U.S. auto industry is poised for a technological explosion that 
promises to fundamentally change transportation here and around the 
world. Already, the success of GM's Volt has demonstrated that electric 
vehicles are not just an engineer's dream or a science fiction story. 
They are real, and there is plenty more innovation ready to be 
unleashed.
  But like almost every transformational technology, from the great 
railroads to the Internet, this technological revolution needs support 
if it is to spread. President Obama last week laid out a vision of how 
this kind of technology can help ensure our economic future. With the 
proper support, we can transform transportation and create new jobs for 
American workers. But if we fail to support this revolution, we risk 
missing an opportunity that we may never get back. If we do not get it 
right, there is no doubt that other countries will--and their workers--
in China, India, South Korea and elsewhere--will then build these 
vehicles instead of American workers.
  So I am pleased today to be introducing this bill that is identical 
to one that my brother Sandy Levin introduced last week in the House of 
Representatives. This legislation will increase the cap on the number 
of vehicles eligible for the plug-in hybrid tax credit in current law 
and provide much greater certainty to our manufacturers. It says to our 
manufacturers that we will support technology of great potential and it 
says to consumers we will continue to help make these vehicles more 
available and affordable. This change in law will make a difference 
immediately, and it is an important signal of future support for the 
transformation of our transportation sector.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 232

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

     SECTION 1. INCREASE IN MANUFACTURER LIMITATION ON THE NUMBER 
                   OF QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
                   VEHICLES ELIGIBLE FOR CREDIT.

       Paragraph (2) of section 30D(e) of the Internal Revenue 
     Code of 1986 is amended by striking ``200,000'' and inserting 
     ``500,000''.
                                 ______
                                 
      By Mr. REID (for Mrs. Feinstein (for herself and Mrs. Boxer)):
  S. 234. A bill to amend title 49, United States Code, to provide for 
enhanced safety and environmental protection in pipeline transportation 
and to provide for enhanced reliability in the transportation of United 
States energy products by pipeline, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Strengthening 
Pipeline Safety and Enforcement Act of 2011, with my colleague and 
friend, Senator Barbara Boxer.
  This bill strengthens and expands legislation proposed by U.S. 
Transportation Secretary Ray LaHood, and it includes many provisions to 
improve pipeline safety and inspection that Senator Boxer and I 
proposed last year.
  In addition, the bill would also mandate that natural gas pipeline 
operators comply with recently issued urgent recommendations of the 
National Transportation Safety Board, NTSB, which call on operators to 
create ``a traceable, verifiable and complete'' record of pipeline 
components in order to verify the ``maximum allowable operating 
pressure'' of every pipeline segment.
  NTSB issued these recommendations earlier this month because it 
discovered very serious problems with Pacific Gas and Electric's 
recordkeeping during its investigation of the tragic pipeline disaster 
in San Bruno, California.
  Pipes were mislabeled. One was labeled as a seamless 30-inch pipe. In 
fact, there is no such thing as a 30-inch seamless pipe. Pipes that 
large are manufactured with seams, according to experts.
  Maximum Allowable Operating Pressures of the pipeline at issue cannot 
be verified.
  NTSB's findings are deeply concerning to me. I believe that a utility 
sending explosive gas under neighborhoods must know what kind of pipe 
lies under that community.
  If it does not know what pipe is underground, how can it operate the 
pipeline at a safe pressure? How can it inspect for faulty seams and 
welds if inspectors do not know the pipe has welds in the first place?
  I am very distressed by NTSB's findings, and I call on all pipeline 
operators to verify their records, including Pacific Gas and Electric. 
The operators should do this on their own accord. In case they do not, 
this legislation will mandate it.
  On September 9th, at 6:11 p.m., a natural gas pipeline in San Bruno, 
California, just south of San Francisco, exploded, turning a quiet 
residential area into something resembling a war zone.
  The blast in the Crestmoor neighborhood shook the ground like an 
earthquake.
  The first reports suggested it was a plane crash, as the blast site 
was only two miles from San Francisco International Airport. But as the 
fire raged on it became clear that something was fueling it.
  Firefighters were powerless, as the water main in the area had been 
burst in the blast. CalFire helicopters were brought in.
  The inferno burned for 1 hour and 29 minutes before the gas to the 
30-inch transmission pipe could be turned off at two different 
locations.
  One of the valves was 1 mile from the blast, and another was 1.5 
miles away.

[[Page 1033]]

  They were both in secured locations. To shut each valve, a worker 
needed to drive through rush hour traffic, use a key to get into the 
area, and attach a handle to the valve to crank it.
  It took more than 5 hours to turn off the gas distribution pipelines 
to the homes on fire.
  The blaze damaged or destroyed 55 homes, injured 66, and killed eight 
people. It consumed 15 acres.
  The next day I called the National Transportation Safety Board Chair. 
Two days later, I visited San Bruno. I walked through the devastation 
with Christopher Hart, vice chairman of the NTSB.
  I saw homes and cars totally incinerated. It was like a bomb had 
struck.
  The sections of pipeline that exploded--now a key part of the 
investigation--appeared to have ripped apart along longitudinal and 
circular welds, now 55 years old.
  A gaping crater demonstrated the size of the initial blast.
  This crater was located at the low point in the valley, where the 
street and pipeline, that ran down the middle of the street, dipped and 
rose.
  This tragedy shows the heavy toll, in death and destruction, when 
high pressure natural gas pipelines fail. The risk is unacceptably 
high.
  To address this risk, I join with my colleague, Senator Barbara 
Boxer, to introduce the Strengthening Pipeline Safety and Enforcement 
Act of 2011. The legislation:
  Doubles the number of Federal pipeline safety inspectors. The 
Pipeline and Hazardous Materials Safety Administration currently has 
100 pipeline inspectors, responsible for 217,306 miles of interstate 
pipeline. Each inspector is responsible for 2,173 miles of pipeline--
the distance from San Francisco to Chicago. NTSB has recently 
recommended that inspectors ``must establish an aggressive oversight 
program that thoroughly examines each operator's decision-making 
process.'' Doubling the number of inspectors will make this possible.
  Verifies Maximum Allowable Operating Pressure. The bill would mandate 
that pipeline operators comply with NTSB's urgent recommendation to 
verify the accuracy of each pipeline's Maximum Allowable Operating 
Pressure.
  Specifically, pipeline operators must establish ``a traceable, 
verifiable and complete'' record of pipeline components in order to 
verify the ``maximum allowable operating pressure,'' based on the 
weakest section of the pipeline. Pipelines with incomplete records must 
be pressure tested or replaced, and must operate at reduced pressure 
until testing is completed.
  Requires deployment of electronic valves capable of automatically 
shutting off the gas in a fire or other emergency. Manual operated 
valves must be located, accessed, and physically turn off in an 
emergency. Automatic valves could dramatically reduce damage caused by 
a pipeline breach.
  Mandates inspections by ``smart pigs,'' or the use of an inspection 
method certified by the Secretary of Transportation as equally 
effective at finding corrosion and weld defects. Accident statistics 
over the past decade identify corrosion as the leading cause of all 
reported pipeline accidents, and the NTSB has found substantial defects 
in weld of the pipes in San Bruno.
  Prohibits natural gas pipelines from operating at high pressure if 
they cannot be inspected using the most effective inspection 
technology. This precautionary approach to pipeline operations assures 
that pipelines more likely to have undetected problems are operated at 
lower risk.
  Prioritizes old pipelines in seismic areas for the highest level of 
safety oversight. Today, regulators consider a pipeline's proximity to 
homes and buildings. Other risk factors are not a defining 
consideration, even though pipe age and seismicity have a clear impact 
on the risk of a catastrophic incident.
  Directs the Department of Transportation to set standards for natural 
gas leak detection equipment and methods. Today there are no uniform 
national standards for how to detect leaks.
  Finally, the legislation adopts a number of common-sense provisions 
proposed by Secretary LaHood to improve pipeline safety, including 
increasing civil penalties for safety violations; expanding data 
collection to be included in the national pipeline mapping system; 
closing jurisdictional loopholes to assure greater oversight of 
unregulated pipelines; and requiring consideration of a firm's safety 
record when considering its request for regulatory waivers.
  Senator Boxer and I introduce this legislation in order to initiate 
quick action to make our pipeline system safer.
  We have put forward our best ideas to improve inspection, address old 
pipes, and advance modern safety technology. We hope to improve these 
ideas as new information comes forward about the San Bruno tragedy.
  For instance, just last week, the NTSB issued a new report, which 
concluded that the welded seams of the San Bruno pipe were imperfect.
  Microscopic and X-ray evidence turned up 27 defects on that 
longitudinal seam that fell short of current day standards, including 
too-shallow welds and both debris and gas bubbles trapped inside welds.
  For the welds running around the circumference of the pipe, 
investigators found 166 substandard defects.
  This pipeline's weld defects were not discovered during 55 years of 
inspections, even though the Federal Code of Regulations clearly 
requires utilities to look for such defects, 49 CFR 192.917.
  I hope the committee will take a serious look at how to develop an 
effective inspection regime to find and address flaws and weaknesses in 
pipeline welds.
  We look forward to working with the Senate Commerce Committee to move 
and improve this legislation expeditiously.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 234

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Strengthening Pipeline Safety and Enforcement Act of 
     2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States code.
Sec. 3. Additional resources for Pipeline and Hazardous Materials 
              Safety Administration.
Sec. 4. Civil penalties.
Sec. 5. Collection of data on transportation-related oil flow lines.
Sec. 6. Required installation and use in pipelines of remotely or 
              automatically controlled valves.
Sec. 7. Standards for natural gas pipeline leak detection.
Sec. 8. Verification of maximum allowable operating pressure.
Sec. 9. Considerations for identification of high consequence areas.
Sec. 10. Regulation by Secretary of Transportation of gas and hazardous 
              liquid gathering lines.
Sec. 11. Inclusion of non-petroleum fuels and biofuels in definition of 
              hazardous liquid.
Sec. 12. Required periodic inspection of pipelines by instrumented 
              internal inspection devices.
Sec. 13. Minimum safety standards for transportation of carbon dioxide 
              by pipeline.
Sec. 14. Cost recovery for pipeline design reviews by Secretary of 
              Transportation.
Sec. 15. International cooperation and consultation on pipeline safety 
              and regulation.
Sec. 16. Waivers of pipeline standards by Secretary of Transportation.
Sec. 17. Collection of data on pipeline infrastructure for National 
              pipeline mapping system.
Sec. 18. Study of non-petroleum hazardous liquids transported by 
              pipeline.
Sec. 19. Clarification of provisions of law relating to pipeline 
              safety.

     SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a 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.

[[Page 1034]]



     SEC. 3. ADDITIONAL RESOURCES FOR PIPELINE AND HAZARDOUS 
                   MATERIALS SAFETY ADMINISTRATION.

       (a) In General.--The Secretary shall increase the number of 
     full-time equivalent employees of the Pipeline and Hazardous 
     Materials Safety Administration by not fewer than 100 
     compared to the number of full-time equivalent employees of 
     the Administration employed on the day before the date of the 
     enactment of this Act to carry out the pipeline safety 
     program, of which--
       (1) not fewer than 25 full-time equivalent employees shall 
     be added in fiscal year 2011;
       (2) not fewer than 25 full-time equivalent employees shall 
     be added in fiscal year 2012;
       (3) not fewer than 25 full-time equivalent employees shall 
     be added in fiscal year 2013; and
       (4) not fewer than 25 full-time equivalent employees shall 
     be added in fiscal year 2014.
       (b) Functions.--In increasing the number of employees under 
     subsection (a), the Secretary shall focus on hiring 
     employees--
       (1) to conduct data collection, analysis, and reporting;
       (2) to develop, implement, and update information 
     technology;
       (3) to conduct inspections of pipeline facilities to 
     determine compliance with applicable regulations and 
     standards;
       (4) to provide administrative, legal, and other support for 
     pipeline enforcement activities; and
       (5) to support the overall pipeline safety mission of the 
     Pipeline and Hazardous Materials Safety Administration, 
     including training pipeline enforcement personnel.

     SEC. 4. CIVIL PENALTIES.

       (a) Penalties for Major Consequence Violations.--Section 
     60122 is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Penalties for Major Consequence Violations.--
       ``(1) In general.--If the Secretary determines, after 
     written notice and an opportunity for a hearing, that a 
     person has committed a major consequence violation of 
     subsection (b) or (d) of section 60114, section 60118(a), or 
     a regulation prescribed or order issued under this chapter 
     such person shall be liable to the United States Government 
     for a civil penalty of not more than $250,000 for each such 
     violation.
       ``(2) Separate violations.--A separate violation occurs for 
     each day the violation continues.
       ``(3) Maximum civil penalty.--The maximum civil penalty 
     under this subsection for a related series of major 
     consequence violations is $2,500,000.
       ``(4) Definition.--In this subsection, the term `major 
     consequence violation' means a violation that contributed to 
     an incident resulting in any of the following:
       ``(A) One or more deaths.
       ``(B) One or more injuries or illnesses requiring 
     hospitalization.
       ``(C) Environmental harm exceeding $250,000 in estimated 
     damage to the environment including property loss.
       ``(D) A release of gas or hazardous liquid that ignites or 
     otherwise presents a safety threat to the public or presents 
     a threat to the environment in a high consequence area, as 
     defined by the Secretary in accordance with section 60109.''.
       (b) Penalty for Obstruction of Inspections and 
     Investigations.--Section 60118(e) is amended--
       (1) by striking ``If the Secretary'' and inserting the 
     following:
       ``(1) In general.--If the Secretary''; and
       (2) by adding at the end the following:
       ``(2) Civil penalties.--The Secretary may impose a civil 
     penalty under section 60122 on a person who obstructs or 
     prevents the Secretary from carrying out an inspection or 
     investigation under this chapter.''.
       (c) Nonapplicability of Administrative Penalty Caps.--
     Section 60120 is amended by adding at the end the following:
       ``(d) Nonapplicability of Administrative Penalty Caps.--The 
     maximum amount of civil penalties for administrative 
     enforcement actions under section 60122 shall not apply to 
     enforcement actions under this section.''.
       (d) Judicial Review of Administrative Enforcement Orders.--
       (1) In general.--Section 60119(a)(1) is amended by striking 
     ``about an application for a waiver under section 60118(c) or 
     (d) of'' and inserting ``under''.
       (2) Clerical amendment.--The heading for section 60119(a) 
     is amended to read as follows: ``Review of Regulations, 
     Orders, and Other Final Agency Actions''.

     SEC. 5. COLLECTION OF DATA ON TRANSPORTATION-RELATED OIL FLOW 
                   LINES.

       Section 60102 is amended by adding at the end the 
     following:
       ``(n) Collection of Data on Transportation-related Oil Flow 
     Lines.--
       ``(1) In general.--The Secretary may collect geospatial, 
     technical, or other pipeline data on transportation-related 
     oil flow lines, including unregulated transportation-related 
     oil flow lines.
       ``(2) Transportation-related oil flow line defined.--In 
     this subsection, the term `transportation-related oil flow 
     line' means a pipeline transporting oil off of the grounds of 
     the production facility where it originated across areas not 
     owned by the producer regardless of the extent to which the 
     oil has been processed.
       ``(3) Construction.--Nothing in this subsection may be 
     construed to authorize the Secretary to prescribe standards 
     for the movement of oil through--
       ``(A) production, refining, or manufacturing facilities; or
       ``(B) oil production flow lines located on the grounds of 
     production facilities.''.

     SEC. 6. REQUIRED INSTALLATION AND USE IN PIPELINES OF 
                   REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

       Section 60102(j) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) Remotely or automatically controlled valves.--
       ``(A) In general.--Not later than 18 months after the date 
     of the enactment of the Strengthening Pipeline Safety and 
     Enforcement Act of 2011, the Secretary shall prescribe 
     regulations requiring the installation and use in pipelines 
     and pipeline facilities, wherever technically and 
     economically feasible, of remotely or automatically 
     controlled valves that are reliable and capable of shutting 
     off the flow of gas in the event of an accident, including 
     accidents in which there is a loss of the primary power 
     source.
       ``(B) Consultations.--In developing regulations prescribed 
     in accordance with subparagraph (A), the Secretary shall 
     consult with appropriate groups from the gas pipeline 
     industry and pipeline safety experts.''.

     SEC. 7. STANDARDS FOR NATURAL GAS PIPELINE LEAK DETECTION.

       Section 60102, as amended by sections 5, is further amended 
     by adding at the end the following:
       ``(o) Natural Gas Leak Detection.--Not later than 1 year 
     after the date of the enactment of the Strengthening Pipeline 
     Safety and Enforcement Act of 2011, the Secretary shall 
     establish standards for natural gas leak detection equipment 
     and methods, with the goal of establishing a pipeline system 
     in which substantial leaks in high consequence areas are 
     identified as expeditiously as technologically possible.''.

     SEC. 8. VERIFICATION OF MAXIMUM ALLOWABLE OPERATING PRESSURE.

       Section 60102, as amended by sections 5 and 7, is further 
     amended by adding at the end the following:
       ``(p) Verification of Maximum Allowable Operating 
     Pressure.--
       ``(1) Establishment of records.--
       ``(A) In general.--Not later than 6 months after the date 
     of the enactment of the Strengthening Pipeline Safety and 
     Enforcement Act of 2011, the Secretary shall require pipeline 
     operators to submit to the Secretary a traceable, verifiable, 
     and complete record of all interstate and intrastate natural 
     gas transmission lines in class 3 and class 4 locations and 
     class 1 and class 2 high consequence areas that have not had 
     a maximum allowable operating pressure established through 
     prior, verifiable pressure hydrostatic testing or an 
     equivalent pressure testing method.
       ``(B) Elements.--Each traceable, verifiable, and complete 
     record under subparagraph (A) shall include, with respect to 
     a transmission line, the following:
       ``(i) As-built drawings.
       ``(ii) Alignment sheets.
       ``(iii) Specifications.
       ``(iv) All design, construction, inspection, testing, 
     maintenance, and other related records relating to 
     transmission line system components, such as pipe segments, 
     valves, fittings, and weld seams.
       ``(v) Such other elements as the Secretary considers 
     appropriate.
       ``(2) Establishment of maximum allowable operating 
     pressure.--
       ``(A) In general.--Not later than 9 months after the date 
     of the enactment of the Strengthening Pipeline Safety and 
     Enforcement Act of 2011, the Secretary shall require the 
     operator of each natural gas transmission line described in 
     paragraph (1)(A) to determine the maximum allowable operating 
     pressure for the transmission line based on the weakest 
     section of the transmission line or component thereof.
       ``(B) Use of traceable, verifiable, and complete record.--
     In establishing the maximum allowable operating pressure of a 
     transmission line under subparagraph (A), the operator shall 
     use the traceable, verifiable, and complete record required 
     for such transmissions line under paragraph (1).
       ``(C) Limitation.--A new maximum allowable operating 
     pressure established under this paragraph for a transmission 
     line shall not be higher than the maximum pressure at which 
     the transmission line has operated previously.
       ``(3) Mandatory pressure testing.--For any segment of a 
     transmission line described in paragraph (1)(A) for which a 
     traceable, verifiable, and complete record is not available 
     under paragraph (1) or for which a valid maximum allowable 
     operating pressure cannot be established under paragraph (2), 
     the Secretary shall require the operator of the transmission 
     line to, not later than 5 years after the date of the 
     enactment of the Strengthening Pipeline Safety and 
     Enforcement Act of 2011--
       ``(A) conduct a pressure test and a pressure spike test as 
     expeditiously as economically feasible; or
       ``(B) replace the transmission line segment.

[[Page 1035]]

       ``(4) Establishment of interim maximum allowable operating 
     pressure.--For any transmission line described in paragraph 
     (1)(A) for which a traceable, verifiable, and complete record 
     is not available under paragraph (1) or for which a valid 
     maximum allowable operating pressure cannot be established 
     under paragraph (2), the Secretary shall require the operator 
     of the transmission line to establish an interim maximum 
     allowable operating pressure for the transmission line that 
     does not exceed 80 percent of the highest pressure at which 
     the transmission line segment has previously operated, until 
     a pressure test and a pressure spike test are completed under 
     paragraph (3).''.

     SEC. 9. CONSIDERATIONS FOR IDENTIFICATION OF HIGH CONSEQUENCE 
                   AREAS.

       Section 60109 is amended by adding at the end the 
     following:
       ``(g) Considerations for Identification of High Consequence 
     Areas.--In identifying high consequence areas under this 
     section, the Secretary shall consider--
       ``(1) the seismicity of the area;
       ``(2) the age of the pipe; and
       ``(3) whether the pipe at issue can be inspected using the 
     most modern instrumented internal inspection devices.''.

     SEC. 10. REGULATION BY SECRETARY OF TRANSPORTATION OF GAS AND 
                   HAZARDOUS LIQUID GATHERING LINES.

       (a) Gas Gathering Lines.--Paragraph (21) of section 
     60101(a) is amended to read as follows:
       ``(21) `transporting gas' means the gathering, 
     transmission, or distribution of gas by pipeline, or the 
     storage of gas, in interstate or foreign commerce.''.
       (b) Hazardous Liquid Gathering Lines.--Section 
     60101(a)(22)(B) is amended--
       (1) by striking clause (i); and
       (2) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.

     SEC. 11. INCLUSION OF NON-PETROLEUM FUELS AND BIOFUELS IN 
                   DEFINITION OF HAZARDOUS LIQUID.

       Section 60101(a)(4) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) non-petroleum fuels, including biofuels that are 
     flammable, toxic, corrosive, or would be harmful to the 
     environment if released in significant quantities; and''.

     SEC. 12. REQUIRED PERIODIC INSPECTION OF PIPELINES BY 
                   INSTRUMENTED INTERNAL INSPECTION DEVICES.

       Section 60102(f) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Periodic inspections.--
       ``(A) In general.--Not later than 270 days after the date 
     of the enactment of the Strengthening Pipeline Safety and 
     Enforcement Act of 2011, the Secretary shall prescribe 
     additional standards requiring the periodic inspection of 
     each pipeline the operator of the pipeline identifies under 
     section 60109.
       ``(B) Inspection with internal inspection device.--
       ``(i) In general.--Except as provided in clause (ii), the 
     standards prescribed under subparagraph (A) shall require 
     that an inspection shall be conducted at least once every 5 
     years with an instrumented internal inspection device.
       ``(ii) Exception for segments where devices cannot be 
     used.--If a device described in clause (i) cannot be used in 
     a segment of a pipeline, the standards prescribed in 
     subparagraph (A) shall require use of an inspection method 
     that the Secretary certifies to be at least as effective as 
     using the device in--

       ``(I) detecting corrosion;
       ``(II) detecting pipe stress;
       ``(III) detecting seam and weld stress, weakness, or 
     defect; and
       ``(IV) otherwise providing for the safety of the pipeline.

       ``(C) Operation under high pressure.--The Secretary shall 
     prohibit a pipeline segment from operating above 80 percent 
     of its maximum allowable operating pressure if the pipeline 
     segment cannot be inspected--
       ``(i) with a device described in clause (i) of subparagraph 
     (B) in accordance with the standards prescribed pursuant to 
     such clause; or
       ``(ii) using an inspection method described in clause (ii) 
     of such subparagraph in accordance with the standards 
     prescribed pursuant to such clause.''.

     SEC. 13. MINIMUM SAFETY STANDARDS FOR TRANSPORTATION OF 
                   CARBON DIOXIDE BY PIPELINE.

       Subsection (i) of section 60102 is amended to read as 
     follows:
       ``(i) Pipelines Transporting Carbon Dioxide.--Not later 
     than 5 years after the date of the enactment of the 
     Strengthening Pipeline Safety and Enforcement Act of 2011, 
     the Secretary shall prescribe minimum safety standards for 
     the transportation of carbon dioxide by pipeline in either a 
     liquid or gaseous state.''.

     SEC. 14. COST RECOVERY FOR PIPELINE DESIGN REVIEWS BY 
                   SECRETARY OF TRANSPORTATION.

       Subsection (n) of section 60117 is amended to read as 
     follows:
       ``(n) Cost Recovery for Design Reviews.--
       ``(1) In general.--If the Secretary conducts facility 
     design safety reviews in connection with a proposal to 
     construct, expand, or operate a gas or hazardous liquid 
     pipeline or liquefied natural gas pipeline facility, 
     including construction inspections and oversight, the 
     Secretary may require the person proposing the construction, 
     expansion, or operation to pay the costs incurred by the 
     Secretary relating to such reviews.
       ``(2) Fee structure and collection procedures.--If the 
     Secretary exercises the authority under paragraph (1) with 
     respect to conducting facility design safety reviews, the 
     Secretary shall prescribe--
       ``(A) a fee structure and assessment methodology that is 
     based on the costs of providing such reviews; and
       ``(B) procedures to collect fees.
       ``(3) Additional authority.--This authority is in addition 
     to the authority provided under section 60301.
       ``(4) Notification.--For any pipeline construction project 
     beginning after the date of the enactment of this subsection 
     in which the Secretary conducts design reviews, the person 
     proposing the project shall notify the Secretary and provide 
     the design specifications, construction plans and procedures, 
     and related materials not later than 120 days prior to the 
     commencement of such project.
       ``(5) Pipeline safety design review fund.--
       ``(A) In general.--There is established in the Treasury of 
     the United States a revolving fund known as the `Pipeline 
     Safety Design Review Fund' (in this paragraph referred to as 
     the `Fund').
       ``(B) Elements.--There shall be deposited in the fund the 
     following, which shall constitute the assets of the Fund:
       ``(i) Amounts paid into the Fund under any provision of law 
     or regulation established by the Secretary imposing fees 
     under this subsection.
       ``(ii) All other amounts received by the Secretary incident 
     to operations relating to reviews described in paragraph (1).
       ``(C) Use of funds.--The Fund shall be available to the 
     Secretary, without fiscal year limitation, to carry out the 
     provisions of this chapter.''.

     SEC. 15. INTERNATIONAL COOPERATION AND CONSULTATION ON 
                   PIPELINE SAFETY AND REGULATION.

       Section 60117 is amended by adding at the end the 
     following:
       ``(o) International Cooperation and Consultation.--
       ``(1) Information exchange and technical assistance.--
     Subject to guidance from the Secretary of State, the 
     Secretary may engage in activities supporting cooperative 
     international efforts to share information about the risks to 
     the public and the environment from pipelines and means of 
     protecting against those risks if the Secretary determines 
     that such activities would benefit the United States. Such 
     cooperation may include the exchange of information with 
     domestic and appropriate international organizations to 
     facilitate efforts to develop and improve safety standards 
     and requirements for pipeline transportation in or affecting 
     interstate or foreign commerce.
       ``(2) Consultation.--Subject to guidance from the Secretary 
     of State, the Secretary may, to the extent practicable, 
     consult with interested authorities in Canada, Mexico, and 
     other interested authorities to ensure that the respective 
     pipeline safety standards and requirements prescribed by the 
     Secretary and those prescribed by such authorities are 
     consistent with the safe and reliable operation of cross-
     border pipelines.
       ``(3) Construction regarding differences in international 
     standards and requirements.--Nothing in this section shall be 
     construed to require that a standard or requirement 
     prescribed by the Secretary under this chapter be identical 
     to a standard or requirement adopted by an international 
     authority.''.

     SEC. 16. WAIVERS OF PIPELINE STANDARDS BY SECRETARY OF 
                   TRANSPORTATION.

       (a) Nonemergency Waivers.--Paragraph (1) of section 
     60118(c) is amended to read as follows:
       ``(1) Nonemergency waivers.--
       ``(A) In general.--Upon receiving an application from an 
     owner or operator of a pipeline facility, the Secretary may, 
     by order, waive compliance with any part of an applicable 
     standard prescribed under this chapter with respect to the 
     facility on such terms as the Secretary considers 
     appropriate, if the Secretary determines that such waiver is 
     not inconsistent with pipeline safety.
       ``(B) Considerations.--In determining whether to grant a 
     waiver under subparagraph (A), the Secretary shall consider--
       ``(i) the fitness of the applicant to conduct the activity 
     authorized by the waiver in a manner that is consistent with 
     pipeline safety;
       ``(ii) the applicant's compliance history;
       ``(iii) the applicant's accident history; and
       ``(iv) any other information the Secretary considers 
     relevant to making the determination.
       ``(C) Effective period.--
       ``(i) Operating requirements.--A waiver of 1 or more 
     pipeline operating requirements

[[Page 1036]]

     under subparagraph (A) shall be effective for an initial 
     period of not longer than 5 years and may be renewed by the 
     Secretary upon application for successive periods of not 
     longer than 5 years each.
       ``(ii) Design or materials requirement.--If the Secretary 
     determines that a waiver of a design or materials requirement 
     is warranted under subparagraph (A), the Secretary may grant 
     the waiver for any period the Secretary considers 
     appropriate.
       ``(D) Public notice and hearing.--The Secretary may waive 
     compliance under subparagraph (A) only after public notice 
     and hearing, which may consist of--
       ``(i) publication of notice in the Federal Register that an 
     application for a waiver has been filed; and
       ``(ii) providing the public with the opportunity to review 
     and comment on the application.
       ``(E) Noncompliance and modification, suspension, or 
     revocation.--After notice to a recipient of a waiver under 
     subparagraph (A) and opportunity to show cause, the Secretary 
     may modify, suspend, or revoke such waiver for--
       ``(i) failure of the recipient to comply with the terms or 
     conditions of the waiver;
       ``(ii) intervening changes in Federal law;
       ``(iii) a material change in circumstances affecting 
     safety; including erroneous information in the application; 
     and
       ``(iv) such other reasons as the Secretary considers 
     appropriate.''.
       (b) Fees.--Section 60118(c) is amended by adding at the end 
     the following:
       ``(4) Fees.--
       ``(A) In general.--The Secretary shall establish reasonable 
     fees for processing applications for waivers under this 
     subsection that are based on the costs of activities relating 
     to waivers under this subsection. Such fees may include a 
     basic filing fee, as well as fees to recover the costs of 
     technical studies or environmental analysis for such 
     applications.
       ``(B) Procedures.--The Secretary shall prescribe procedures 
     for the collection of fees under subparagraph (A).
       ``(C) Additional authority.--The authority provided under 
     subparagraph (A) is in addition to the authority provided 
     under section 60301.
       ``(D) Pipeline safety special permit fund.--
       ``(i) In general.--There is established in the Treasury of 
     the United States a revolving fund known as the `Pipeline 
     Safety Special Permit Fund' (in this subparagraph referred to 
     as the `Fund').
       ``(ii) Elements.--There shall be deposited in the Fund the 
     following, which shall constitute the assets of the Fund:

       ``(I) Amounts paid into the Fund under any provision of law 
     or regulation established by the Secretary imposing fees 
     under this paragraph.
       ``(II) All other amounts received by the Secretary incident 
     to operations relating to activities described in 
     subparagraph (A).

       ``(iii) Use of funds.--The Fund shall be available to the 
     Secretary, without fiscal year limitation, to process 
     applications for waivers under this subsection.''.

     SEC. 17. COLLECTION OF DATA ON PIPELINE INFRASTRUCTURE FOR 
                   NATIONAL PIPELINE MAPPING SYSTEM.

       Section 60132 is amended--
       (1) in the matter before paragraph (1), by striking ``Not 
     later than 6 months after the date of the enactment of this 
     section, the'' and inserting ``Each'';
       (2) in subsection (a), by adding at the end the following:
       ``(4) Such other geospatial, technical, or other pipeline 
     data, including design and material specifications, as the 
     Secretary considers necessary to carry out the purposes of 
     this chapter, including preconstruction design reviews and 
     compliance inspection prioritization.''; and
       (3) by adding at the end the following:
       ``(d) Notice.--The Secretary shall give reasonable notice 
     to the operator of a pipeline facility of any data being 
     requested under this section.''.

     SEC. 18. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED 
                   BY PIPELINE.

       (a) Authority To Carry Out Analysis.--Not later than 270 
     days after the date of the enactment of this Act, the 
     Secretary of Transportation shall conduct an analysis of the 
     transportation of non-petroleum hazardous liquids by pipeline 
     for the purpose of identifying the extent to which pipelines 
     are currently being used to transport non-petroleum hazardous 
     liquids, such as chlorine, from chemical production 
     facilities across land areas not owned by the producer that 
     are accessible to the public. The analysis shall identify the 
     extent to which the safety of the lines is unregulated by the 
     States and evaluate whether the transportation of such 
     chemicals by pipeline across areas accessible to the public 
     would present significant risks to public safety, property, 
     or the environment in the absence of regulation.
       (b) Report.--Not later than 365 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report containing the findings of the Secretary with 
     respect to the analysis conducted pursuant to subsection (a).

     SEC. 19. CLARIFICATION OF PROVISIONS OF LAW RELATING TO 
                   PIPELINE SAFETY.

       (a) Amendment of Procedures Clarification.--Section 
     60108(a)(1) is amended by striking ``an intrastate'' and 
     inserting ``a''.
       (b) Owner Operator Clarification.--Section 60102(a)(2)(A) 
     is amended by striking ``owners and operators'' and inserting 
     ``any or all of the owners or operators''.
       (c) One Call Enforcement Clarification.--Section 60114(f) 
     is amended by adding at the end the following: ``This 
     limitation shall not apply to proceedings against persons who 
     are pipeline operators.''.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Johnson of South Dakota, Mr. 
        Leahy, Ms. Snowe, Mr. Kerry, and Mr. Wyden):
  S. 242. A bill to amend title 10, United States Code, to enhance the 
roles and responsibilities of the Chief of the National Guard Bureau; 
to the Committee on Armed Services.
  Mr. ROCKEFELLER. Mr. President, I rise before you today with Senators 
Snowe, Leahy, Wyden, Johnson and Kerry to introduce important 
legislation--the Guardians of Freedom Act of 2011--which will make the 
Chief of the National Guard Bureau a member of the Joint Chiefs of 
Staff. This legislation will strengthen our national security both 
abroad and here at home.
  The Joint Chiefs of Staff does an outstanding job providing support 
to the Secretary of Defense and performing oversight of military 
personnel and resources within the Department of Defense. However, it 
lacks the voice of the Chief of the National Guard Bureau who 
represents more than twenty percent of the uniformed service members.
  This is important because each member of the Joint Chiefs of Staff is 
a military adviser to the President, the National Security Council, the 
Homeland Security Council, and the Secretary of Defense. In that role, 
they may offer their advice and opinions to the President, the National 
Security Council, the Homeland Security Council, or the Secretary of 
Defense. And, as we all know, the National Guard has important homeland 
security responsibilities in addition to national defense 
responsibilities.
  As the former Governor of West Virginia, I cannot say enough about 
the importance of the National Guard. The National Guard is always 
there. Whether it is flooding, snow storms, tornadoes, or other 
disasters, the National Guard comes to the rescue of communities in 
every State throughout our Nation. And, I would bet that there is a 
member of the National Guard living in every single congressional 
district and every single community in our country. These citizen-
soldiers are our Governors' emergency force.
  Unlike our active-duty forces, the National Guard has both a State 
and Federal mission. Now I'm not taking anything away from our active-
duty or reserve forces as they have always performed, and will continue 
to perform, in an outstanding fashion. However, the National Guard is 
unique in that it serves each State's Governor in addition to the 
President and Commander-in-Chief.
  The National Guard's State mission includes responding to natural and 
man-made disasters as well as domestic emergencies. They have been 
called to respond to hurricanes, floods and snow storms. They serve 
next door to each of us.
  Among the National Guard's Federal responsibilities is providing 
homeland defense and defense support to civil authorities. The National 
Guard accomplishes its Federal mission through a variety of programs. 
One of those programs is the Chemical, Biological, Radiological, 
Nuclear, or High-Yield Explosive Teams, which respond to incidents and 
support local, State, and Federal agencies as they conduct 
decontamination, medical support, and casualty search and extraction.
  Last year's Quadrennial Defense Review acknowledged that the 
Department of Defense must be prepared to provide appropriate support 
to civil authorities. One key finding of the Quadrennial Defense Review 
was the recognition of the need to field faster, more flexible 
chemical, biological, radiological, nuclear, and high-yield explosives 
events consequence management response forces. As a result of this 
finding, the National Guard will build a Homeland Response Force in 
each of the 10 Federal Emergency Management Agency regions. These 10

[[Page 1037]]

Homeland Response Forces will provide the needed response capability. 
These are just two of the many ways in which the National Guard works 
directly with the homeland security community as the central connection 
between the Federal Government and State and local officials. And, I 
would be remiss if I did not mention that a primary training unit for 
these Homeland Response Forces is the West Virginia National Guard's 
Joint Interagency Training & Education Center.
  These Federal programs, along with the National Guard's State 
mission, clearly illustrate the National Guard's unequivocal role in 
protecting our home front. And, it goes without saying that our Guard 
members make tremendous contributions to military operations outside of 
the United States.
  Today, tens of thousands of Guard members train with first responders 
and protect life and property here at home, while also engaging in 
combat operations in far-off, dangerous locations--including Iraq and 
Afghanistan.
  Since September 11, 2001, our National Guardsmen have been called 
upon to deploy abroad at a higher rate than ever before. At the same 
time their domestic and State missions have expanded. Given the 
National Guard's role in defending our country, it is important that 
the National Guard be resourced and equipped to fulfill its dual 
mission.
  Our Guard members must be assured of the ability to meet their 
obligations to their Governors, their next door neighbors, and to our 
Nation as a whole. In order to do that, the National Guard's voice must 
be heard at the highest levels of our government.
  By making the Chief of the National Guard Bureau a member of the 
Joint Chiefs of Staff, the Guardians of Freedom Act of 2011 will 
guarantee that the National Guard is a part of the discussion as the 
Nation responds to threats both foreign and domestic. It also makes 
certain that the concerns of the Nation's Governors are considered when 
resources are scarce. And it will build upon the relationship developed 
between the active-duty forces and the National Guard, a bond has been 
strengthened as a result of the ongoing operations.
  Before I end my remarks, I want to acknowledge Major General Allen 
Tackett, the Adjutant General of the West Virginia National Guard for 
the last 15 years and the longest serving Adjutant General in the 
country. Major General Tackett is retiring today after enlisting in the 
Army more than 45 years ago. He has been a great partner and visionary 
over the years. He led the transformation of the West Virginia National 
Guard and, according to General McKinley, Chief of the National Guard 
Bureau, is leaving West Virginia with the Nation's finest National 
Guard. I can honestly say that we are better off as a Nation because he 
chose to dedicate his life to defending ours. Thank you, Major General 
Tackett. God smiled on West Virginia the day he gave us you, and we are 
eternally grateful.

                          ____________________