John McCain

Mr. McCAIN

Mr. McCAIN. Mr. President, I am pleased the Senate is now considering S. 235, the Pipeline Safety Improvement Act of 2001. I am joined in sponsoring this important transportation safety legislation by Senators Murray, Hollings, Hutchison, Bingaman, Domenici, Breaux, Brownback, Smith, and Landrieu. I especially express my appreciation to Senator Murray, as well as former Senator Gorton, for the hundreds of hours they put into this legislation. This bill is the product of many months of hearings and bipartisan compromise and cooperation during the last Congress. It is designed to promote both public and environmental safety by reauthorizing and strengthening our Federal pipeline safety programs which expired last September. As most of my colleagues well know, the Senate worked long and hard during the last Congress on how best to improve pipeline safety. After several months of hearings, and countless meetings, the Senate finally achieved a bipartisan consensus on comprehensive pipeline safety improvement legislation. We unanimously approved that legislation last September 7. I want to point out, by a voice vote, this legislation was passed just last September 7. Unfortunately, the House failed to approve a pipeline safety measure so we were never able to get to conference or send a measure to the President. Our collective inaction was a black mark on the 106th Congress. Because the Congress as a whole did not act, the unacceptable status quo under which a total of 38 fatalities occurred during just the last year remains the law of the land. If we consider the pipeline-related deaths during the last Congress, that number increases to 64 total fatalities. Again, there have been 64 recent deaths, yet we have done nothing concrete to improve the law governing pipeline safety. Timely action not only by the Senate, but also the House, is needed to address identified safety problems before any more lives are lost. This is a call for action by both Chambers. I commend and thank the Senate leadership on both sides for recognizing the critical need for passage of this legislation and scheduling this floor action so quickly. This early attention by the Senate demonstrates our firm commitment to improving pipeline safety. I remain hopeful that the new Congress as a whole will act quickly to take the necessary action to improve pipeline safety before we receive another call to action by yet another tragic accident. Before I discuss the specific provisions of the legislation, I would like to discuss the safety record for pipeline transportation. According to the Department of Transportation, pipeline related incidents dropped nearly 80 percent between 1975 and 1998, and the loss of product due to accident ruptures has been cut in half. From 1989 through 1998, pipeline accidents resulted in about 22 fatalities per year--far fewer than the number of fatal accidents experienced among other modes. While the fatality rate has been generally low, it has taken a turn in the wrong direction during the past 2 years--with 26 fatalities in 1999 and 38 fatalities in the year 2000. I must also point out that according to the General Accounting Office, the total number of major pipeline accidents--those resulting in a fatality, and injury or property damage of $50,000 or more--increased by about 4 percent annually between 1989 and 1998. The leading cause of pipeline failures is outside force damage, usually from excavation by third parties. Other causes of failures include corrosion, incorrect operation, construction, material defect, equipment malfunction, and pipe failure. While statistically the safety record is generally good, accidents do occur, and when they occur, they can be devastating. That was certainly the case last August when a pipeline accident claimed the lives of 12 members of two families camping near Carlsbad, NM, and the previous year when three young men lost their lives in Bellingham, WA. That is why I believe so strongly that we must act now to help prevent future pipeline-related tragedies. It is our duty to take action as necessary to ensure our Federal transportation safety policies are sound and effective, whether for air, rail, truck, or pipelines. The Office of Pipeline Safety within the Department of Transportation's Research and Special Programs Administration oversees the transportation of about 65 percent of the petroleum and most of the natural gas transported in the United States. OPS regulates the day-to- day safety of 3,000 gas pipeline operators with more than 1.6 million miles of pipelines. It also regulates more than 200 hazardous liquid operators with 155,000 miles of pipelines. Given the immense array of pipelines that traverse our nation, reauthorization of the pipeline safety program is, quite simply, critical to public safety. The legislation before us today will strengthen and improve pipeline safety. S. 235 will authorize additional funding for safety enforcement and research and development efforts. It will provide for increased State oversight authority and facilitate greater public information sharing at the local community level. It raises civil penalties, provides whistle-blower protections for employees, and provides for many other safety improvements. In short, it will promote both public and environmental safety. Let me describe the major provisions of the bill: First, the bill would require the implementation of pipeline safety recommendations issued last March by the Department of Transportation's Inspector General to the Research and Special Programs Administration. The IG found several glaring safety gaps at OPS and it is incumbent upon us all to do all we can to insure that the Department affirmatively acts on these critical problems. The legislation would also require the Secretary of Transportation, the RSPA Administrator and the Director of the Office of Pipeline Safety to respond to all NTSB pipeline safety recommendations within 90 days of receipt. The Department's responsiveness to NTSB pipeline safety recommendations for years has been poor at best. While current law requires the Secretary to respond to the NTSB no later than 90 days after receiving a safety recommendation, there are no similar requirements at RSPA. I am aware of one case in particular where an NTSB recommendation sat at DOT's pipeline office for more than 900 days before even an acknowledgment of the recommendation was issued. Such disregard for the important work of the NTSB is intolerable. Therefore, this legislation statutorily requires RSPA and OPS to respond to each and every pipeline safety recommendation it receives from the NTSB and to provide a detailed report on what action it plans to initiate to implement the recommendation. The measure would require pipeline operators to submit to the Secretary of Transportation a plan designed to improve the qualifications for pipeline personnel. At a minimum, the qualification plan would have to demonstrate that pipeline employees have the necessary knowledge to safely and properly perform their assigned duties and would require testing and periodic reexamination of the employees' qualifications. The legislation would require DOT to issue regulations mandating pipeline operators to periodically determine the adequacy of their pipelines to safely operate and to implement integrity management programs to reduce those identified risks. The regulations would, at a minimum, require operators to do the following: base their integrity management plans on risk assessments that they conduct; periodically assess the integrity of their pipelines; and, take steps to prevent and mitigate unintended releases, such as improving leal detection capabilities or installing restrictive flow devices. It also would require pipeline operators to carry out a continuing public education program that would include activities to advise municipalities, school districts, businesses, and residents of pipeline facility locations on a variety of pipeline safety-related matters. It would also direct pipeline operators to initiate and maintain communication with State emergency response commissions and local emergency planning committees and to share with these entities information critical to addressing pipeline safety issues, including information on the types of product transported and efforts by the operator to mitigate safety risks. The legislation directs the Secretary to develop and implement a comprehensive plan for the collection and use of pipeline data in a manner that would enable incident trend analysis and evaluations of operator performance. Operators would be required to report incident releases greater than five gallons, compared to the current reporting requirement of 50 barrels. In addition, the Secretary would be directed to establish a national depository of data to be administered by the Bureau of Transportation Statistics in cooperation with RSPA. In recognition of the critical importance of technology applications in promoting transportation safety across all modes of transportation, the legislation directs the Secretary to focus on technologies to improve pipeline safety as part of the Department's research and development efforts. Further, the legislation includes provisions advanced last year by Senator Bingaman, myself, and others, to provide for a collaborative R&D effort directed by the Department of Transportation with the assistance of the Department of Energy and the National Academy of Sciences. The bill provides for a three-year authorization, with increased funding for Federal pipeline safety activities, the state grant program, and research and development efforts. Let me assure my colleagues that we are seeking the views of the Administration regarding the funding levels and will carefully consider funding and other concerns as the bill proceeds through the legislative process. We must ensure that the Department has the tools it needs to carry out its critical pipeline safety activities and to advance research and development efforts. The legislation requires operators, in the event of an accident, to make available to the DOT or NTSB all records and information pertaining to the accident and to assist in the investigation to the extent reasonable. It also includes provisions concerning serious accident that provide for a review to ensure the operator's employees can safely perform their duties. In addition, pipeline employees are afforded the same whistle-blower protections as are provided to employees in other modes of transportation. These protections are nearly identical to the protections aviation-related employees were granted in the Wendell H. Ford Aviation and Investment Reform Act for the 21st Century. Again, I hope this Congress can act expeditiously to approve comprehensive pipeline safety legislation. We simply cannot afford another missed opportunity to address identified pipeline safety shortcomings. The Senate can be very proud to be taking action on such an important public safety issue as one of its first legislative acts of the 107th Congress. We must act to help improve pipeline safety and prevent future tragedies like those that occurred in Washington and New Mexico. I urge my colleagues' support of this legislation. Mr. President, I point out to my colleagues something that bears looking at. This map behind me is a snapshot of the thousands of miles of gas transmission, gas distribution, and hazardous liquid pipelines that crisscross our country. It is based on data compiled in 1997 by MAPSearch Services in the Office of Pipeline Safety. The Office of Pipeline Safety is in the process of completing its own mapping initiative that will provide a much greater level of accuracy and will be made available to the public via the Internet by this legislation. While the Office of Pipeline Safety is years behind in completing this initiative, it is projected that by the end of February, 86 percent of hazardous liquid lines and 29 percent of natural gas transmission lines will be mapped under this new initiative. I am committed to ensuring that OPS completes this initiative in a timely manner and to the highest degree of accuracy possible. What is important, from the map I have here today, is for all of us to realize that pipeline safety affects all of us. We owe it to our constituents to pass this measure today and to press the House to act expeditiously to pass a bill in order to improve pipeline safety. Let me, for the benefit of my colleagues, particularly the 11 new Members, provide a brief history of the work of the Commerce Committee and the time devoted by the Senate during the last Congress which led to the development of the pending legislation. I understand there will be amendments that will be proposed. I in no way object to those amendments. I want a proper perspective to be given on this issue. We just didn't come up with this legislation. The Commerce Committee's work began nearly a year ago when we held a field hearing in Bellingham, Washington, on March 13th, at which 18 people formally testified--including the Governor of Washington, mayors and city officials, the parents of the three boys killed in the tragic June 1999 pipeline accident, representatives of state and federal pipeline safety regulatory agencies, oil and gas companies, and public interest groups. We then held a full committee hearing on pipeline safety on May 11th at which we heard from Senator Patty Murray and several Representatives from Washington State. We also received testimony from the Administrator of the Department of Transportation's Research and Special Programs Administration, the DOT Inspector General, the NTSB, the parents of the children killed in the Washington pipeline accident, and witnesses representing the natural gas transmission industry, the natural gas distribution industry, the hazardous liquid pipeline industry, State pipeline inspectors, and public safety advocates. Each and every one of the 30 witnesses testifying before our committee recommended changes in the current law and offered views on the legislative proposals pending at the time. Members both on and off the Commerce Committee also offered specific recommendations. And countless meetings were held by Members and staff discussing ways to improve pipeline safety. The Commerce Committee operated in a manner to ensure that anyone who wanted to participate in this process could do so and the input from the many diverse interests has been both useful and appreciated. Next, the Commerce Committee met in executive session on June 15 during which we considered a substitute amendment which was the product of the many views presented to the committee. We also adopted a number of other amendments and debated others that weren't adopted. We agreed to continue to work to resolve some outstanding issues prior to taking the bill to the floor. That bill was reported by the committee without one dissenting vote. Following that markup, the interested Members continued working to try to find common ground on those areas that had not been resolved during the executive session. Now, I will remind my colleagues of the tragic pipeline accident that occurred during the August recess when 12 members of two families camping near Carlsbad, NM, lost their lives when a natural gas transmission line ruptured. Sadly, it was that tragic accident that spurred the prompt action upon the Senate's return in September. During the first week back from the August recess, we reached a final consensus on the legislation to enable the bill's prompt consideration. The bill was approved by unanimous consent on September 7. Unfortunately, the House failed to approve pipeline safety legislation during the last Congress. As a result, the status quo under which 64 lives have been lost in just the past 2 years remains the law of the land. We simply must take action--both Chambers must take action--and allow us to get to a conference and to send a strong pro- safety pipeline bill to the President. Mr. President, I believe every Member of this Chamber can be proud that one of our very first legislative acts for the new Congress is to consider legislation to strengthen federal pipeline safety policies and in turn, improve public safety. I urge the House to also make pipeline safety an early priority and enable the Congress to carry out its obligations to the American public. I recognize that some Members may not have expected this bill to have been scheduled for floor action as quickly as this week. It is not my intent, nor do I believe it is the leadership's, to preclude any Member from having the opportunity to offer their views on how we could even further improve pipeline safety. But I want to remind all of my colleagues that this measure did pass this Chamber by unanimous consent just 5 months ago. And it took considerable effort and bipartisan cooperation and compromise to enable that action to occur. Some would like the bill to go further and some believe it goes too far. But we did work long and hard to finally achieve a consensus in this legislation and I hope our new colleagues who were not in the Senate during the last Congress will carefully consider the critical importance of advancing this pipeline safety measure through the process. And, I want to state for the Record my strong interest in working with the administration on this issue. I will certainly consider any recommendations it may offer to improve pipeline safety as we work to move this legislation through conference. Mr. President, I want to take a moment to recognize two Members who played key roles in the process last year that culminated in the creation of the measure before us today. They are Senator Patty Murray and Senator Slade Gorton. It was in large part due to their tireless work and bipartisan cooperation that enabled the Senate to pass a strong, pro-safety pipeline bill last year. And it is in the spirit of continued bipartisan cooperation that we are able to consider this bill today. Finally, I want to again mention the other sponsors of this bill: They are Senators Hollings, Hutchison, Bingaman, Domenici, Breaux, Brownback, Smith, and Landrieu. I thank them for their work and bipartisan cooperation on this important legislation.

Mr. McCAIN. Mr. President, I say to the Senator from Washington that she is too modest. Had it not been for her efforts and those of former Senator Gorton, I know we would not have achieved the product that we have. I am grateful for her continued commitment not only to this legislation but to the families who experienced the terrible tragedy in Bellingham where all are very appreciative. I note the presence of Senator Breaux, a friend from Louisiana who also has significant background and knowledge on this issue and who has played a very important role in its passage. I will be brief. Mr. President, I ask to have printed in the Record at this time a statement from the Office of Management and Budget. Also, I ask that two letters in support of this legislation from the National Governors' Association and the National Association of Regulatory Utility Commissioners be printed in the Record.

Mr. McCAIN. Mr. President, I note Senator Breaux is here. My friend from Minnesota, Senator Wellstone, also wishes to speak. I invite others who wish to speak on this issue. We would like to consider amendments after that and move to passage of this bill today. That is our intention. I yield the floor.

Mr. McCAIN. Since the Senator from Minnesota is speaking in support of the amendment, if it is agreeable to have him speak, then Senator Breaux and I speak, and then we intend to accept the amendment following that, if that is agreeable to the Senator from California and the Senator from Minnesota.

Mr. McCAIN. I thank Senator Murkowski for his efforts, not only on this legislation but on overall energy policy. It is a very difficult task, a challenging one, and we are grateful for his leadership.

Mr. McCAIN. Mr. President, if there is no further debate on the amendment, I urge its adoption.

Mr. McCAIN. Mr. President, I ask unanimous consent to be recognized before the Senator from Kansas.

Mr. McCAIN. Mr. President, first, I want to announce that after this discussion, we are ready for amendments. If there are not amendments within about quarter after the hour--it is a little less than quarter of--we will move to final passage. As I mentioned in my opening statement, this issue has been well ventilated in hearings and was passed by voice vote. I understand that the Senator from New Jersey, Mr. Corzine, has some amendments. If he does, come on down, or any other Member. But we are not going to sit here in a quorum call. We are going to move to final passage. A quarter after or 20 after the hour should be plenty of time for Members to come and offer amendments. I ask Members to notify the Cloakroom so we can do our best to accommodate them. Amendment No. 4

Mr. McCAIN. Mr. President, I send an amendment to the desk.

Mr. McCAIN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. McCAIN. Mr. President, this amendment is being offered by Senator Hollings and myself. It provides technical and minor correction to the bill. It has been cleared on both sides. I urge adoption of the amendment.

Mr. McCAIN. I yield the floor. I thank my colleague from Kansas.

Mr. McCAIN. Mr. President, I see no other Senators on the floor wishing to speak. I see no other amendments. I would like to place us in a quorum call in just a second. I would like to tell my colleagues that there is no reason why we shouldn't move forward with final passage of the bill unless there are amendments. I say to my colleagues on both sides, let's move the process forward. It was announced 3 days ago that we would be taking up this bill. So it is time to move forward.

Mr. McCAIN. Not yet. We want to give the other side a chance to call all their Members and see if there are any further amendments or discussion of the bill. At this time, I suggest the absence of a quorum.

Mr. McCAIN. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. McCAIN. Mr. President, it is hard for me to comment on any amendments because the amendments have not been proposed yet. I will respond briefly to the overall comments made by the Senators from New Jersey. Last year, after we passed the legislation, U.S. Transportation Secretary Slater issued the following statement: I commend the U.S. Senate for taking swift and decisive action in passing the Pipeline Safety Improvement Act of 2000. This legislation is critical to making much-needed improvements to the pipeline safety program. It provides for stronger enforcement, mandatory testing of all pipelines, community right-to-know information, and additional resources, all hallmarks of the Clinton-Gore administration bill on pipeline safety that was transmitted to the Senate by Vice President Gore on April 11, 2000. I commend in particular the Commerce Committee Chairman and Ranking Member, Senators McCain and Hollings, as well as Senators Murray and Gorton for their hard work . . . I thank the many others who worked for the U.S. Department of Transportation and the Administration in seeking the highest possible level of safety for our nation's pipelines, including Senators Bingaman and Domenici, who recently suffered a terrible loss in their state. . .. I look forward to working with the House leadership . . . to help resolve any legislative differences. Clearly, former Secretary of Transportation Slater had a little different view of this legislation than the Senators from New Jersey. I will quote from a letter from the National Association of Regulatory Utility Commissioners. We all know that these individuals-- most of whom are elected; they certainly are in my State--are responsible for the regulation of this kind of industry and responsible for the safety of others. I had already included this letter for the Record, but I think it is important to reference it again. This is in reference to S. 235, the Pipeline Safety Improvement Act of 2001. Dear Majority Leader Lott: On behalf of the National Association of Regulatory Utility Commissioners-- I assume that includes the regulatory utility commissioners of the State of New Jersey-- We urge you to support swift passage of S. 235. However, NARUC does not believe S. 235 should be the vehicle for broader energy policy legislation. NARUC would therefore oppose amendments that would attempt to expand this bill beyond its current intent of improving pipeline safety. Last Congress NARUC expressed strong support for the reauthorization of pipeline safety legislation provided sufficient funding to the Office of Pipeline Safety for State grants was authorized. We believe the increase in funding for these grants found in S. 235 will better enable OPS to meet its obligation of a 50 percent funding share. . . . Additionally, NARUC and its membership strongly believe there is a vital role for the States in ensuring safe operation. . . . They go on to say: NARUC strongly supports provisions of S. 235 that provide States with increased authority and increased participation in safety activities. . . . Finally, I will quote again from passages from the National Governors' Association letter. I don't know if the National Governors' Association speaks for the Governor of New Jersey or not, but they go on to say: On behalf of the nation's Governors, we are writing to express our support for S. 235, a bill to improve oil and gas pipeline safety, and encourage prompt passage of such legislation. NGA's policy supports pipeline safety legislation that provides states with the authority to protect our citizens from pipeline explosions and leaks. States should be authorized to establish standards that do not conflict with but may exceed federal standards. Our policy also endorses the ability of states to enforce violations of federal or state standards. The Governors, the utility commissioners, the former Secretary of Transportation, Secretary Slater, all are in support of this legislation. A majority of the House of Representatives did vote in favor of this legislation last year. It was taken up under a procedural situation that required a two-thirds vote. I assure the Senators from New Jersey, after passage through the House of Representatives, this legislation will be going to conference, and we will be more than happy to examine any recommendations and proposals. With all due respect to Senator Torricelli, at no time, during all the deliberations and all of the hearings and all of the involvement of this issue that our committee and the Senate had, were there any additional amendments, recommendations, or ideas raised. It is a little hard for us at this point in time, with the legislation on the floor, to give serious consideration to these amendments. Obviously, I cannot support them at this time, but we will be more than happy to consider them in the future. So when there is an amendment pending, I will be glad to comment on a pending amendment. But I, again, remind my colleagues that this product is literally months of negotiation, hours of hearings, and negotiations that took place over a very long period of time. I hope my colleagues from New Jersey will consider what has gone before and that we can move forward with the amending process. I yield the floor.

Mr. McCAIN. Mr. President, I thank the Senators from New Jersey for bringing this very important issue as part of this legislation. I think it is an important issue, pipeline inspections. I think we have reached a very reasonable result, and their amendment embodies that. I thank Senator Murray, Senator Torricelli, Senator Corzine, and especially Senator Breaux. I was thinking as I watched Senator Breaux negotiate this agreement, I nominate him to be the Middle East peace negotiator. He might be able to achieve that since he has had so much practice around here on the floor of the Senate. Certainly it was with some entrenched constituencies. I do thank him for his hard work there. I think this amendment is very acceptable, and following Senator Breaux's comments, hopefully we can move the amendment. Then I would like to be recognized for a unanimous consent agreement so we can have final passage. I yield the floor.

Mr. McCAIN. Maybe we ought to wait. Mr. President, I ask unanimous consent that following the adoption of the amendment, after the statements by both Senators from New Mexico, the vote occur on passage of S. 235, as amended, and that paragraph 4 of rule XII be waived.

Mr. McCAIN. Mr. President, I revise my unanimous consent request that following the adoption of the amendment, Senators Cantwell, Bingaman, and Domenici be allowed to speak for 5 minutes; following that, the vote occur on passage of S. 235, as amended, and that paragraph 4 of rule XII be waived.

Mr. McCAIN. Mr. President, I urge adoption of the amendment.

Mr. McCAIN. Mr. President, I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. McCAIN. Mr. President, I congratulate Senator Cantwell and Senator Corzine for their initial success in the Senate.

Mr. McCAIN. Mr. President, I ask for the yeas and nays.

Mr. McCAIN

Mr. McCAIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. MCCAIN

Mr. MCCAIN. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, February 8, 2001 at 9:30 a.m., in open session, to receive testimony on the Secretary's priorities and plans for Department of Energy National Security Programs.