II

104TH CONGRESS

1ST SESSION S. 836

To authorize appropriations for pipeline safety for fiscal years 1996, 1997,

1998, and 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 19 (legislative day, MAY 15), 1995

Mr. EXON introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To authorize appropriations for pipeline safety for fiscal

years 1996, 1997, 1998, and 1999, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pipeline Safety Act

5 of 1995’’.

6 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or a repeal of, a section or other

10 provision, the reference shall be considered to be made to
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1 a section or other provision of title 49, United States

2 Code.

3 TITLE I—PIPELINE SAFETY

4 AMENDMENTS

5 SEC. 101. RISK MANAGEMENT.

6 Chapter 601 is amended by adding at the end the

7 following new section:

8 ‘‘§ 60126. Risk Management

9 ‘‘(a) The Secretary shall, based on information col10 lected and maintained by the Secretary, conduct an assess11 ment of the risk to public safety and the environment

12 posed by pipeline transportation. The assessment shall—

13 ‘‘(1) rank the risks identified by the Secretary

14 in terms of their probability of occurrence and their

15 likely consequences, and any other factors the Sec16 retary considers relevant;

17 ‘‘(2) identify, in priority order, technically fea18 sible and economically justified actions that should

19 be taken to lessen the risks identified; and

20 ‘‘(3) address, at a minimum, the following sub21 jects:

22 ‘‘(A) Inspection by internal instrumented

23 devices.

24 ‘‘(B) Hydrostatic testing.
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1 ‘‘(C) Installation of emergency flow re2 stricting devices, including leak detection sys3 tems, for natural gas and hazardous liquid

4 pipelines.

5 ‘‘(D) Inspection and burial of underwater

6 pipelines.

7 ‘‘(b) Notwithstanding any other provision of this

8 chapter, if the Secretary determines that rulemaking re9 garding a subject listed in subsection (a)(3) is not prac10 ticable, appropriate, or reasonable, the Secretary shall

11 transmit to Congress, not later than 60 days after the date

12 of such determination, an explanation of the reasons for

13 that determination.

14 ‘‘(c) Not later than 18 months after the date of enact15 ment of the Pipeline Safety Act of 1995, the Secretary

16 shall transmit to Congress a report including the assess17 ment required under subsection (a) and a plan setting

18 forth the actions proposed by the Secretary to address

19 each risk identified in the assessment. Within 30 days

20 after any substantive change to the action plan, including

21 the addition or deletion of any subject or action in the

22 plan, the Secretary shall inform Congress in writing of the

23 reasons for the change.’’.
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1 SEC. 102. ONE CALL NOTIFICATION SYSTEMS.

2 Section 60114 (relating to one-call notification sys3 tems) is amended by striking subsections (b) and (d), and

4 redesignating subsections (c) and (e) as (b) and (d), re5 spectively.

6 SEC. 103. INTERNATIONAL UNIFORMITY.

7 Section 60117 (relating to administration) is amend8 ed by adding at the end the following new subsection:

9 ‘‘(k) INTERNATIONAL UNIFORMITY OF STAND10 ARDS.—

11 ‘‘(1) PARTICIPATION IN INTERNATIONAL FO12 RUMS.—Subject to guidance and direction from the

13 Secretary of State, the Secretary of Transportation

14 may participate in international forums that estab15 lish or recommend pipeline safety standards for

16 transporting natural gas and hazardous liquids.

17 ‘‘(2) CONSULTATION.—The Secretary of Trans18 portation may consult with interested authorities to

19 ensure that, to the extent practicable, regulations

20 the Secretary prescribes under this chapter are con21 sistent with standards related to pipeline safety

22 transportation adopted by international authorities.

23 ‘‘(3) DIFFERENCES WITH INTERNATIONAL

24 STANDARDS AND REQUIREMENTS.—This section

25 does not require the Secretary to prescribe a stand26 ard identical to, less stringent than, or more strin-
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1 gent than a standard adopted by an international

2 authority or otherwise limit the Secretary’s discre3 tion in issuing standards.’’.

4 SEC. 104. GENERAL AUTHORITY.

5 Section 60117 (relating to administration), as

6 amended by section 103, is further amended by adding

7 at the end the following new subsection:

8 ‘‘(l) FUNDING AUTHORITY.—To carry out this chap9 ter, the Secretary may enter into grants, cooperative

10 agreements, and other transactions with any person, agen11 cy, or instrumentality of the United States, any unit of

12 State or local government, any educational institution, and

13 any other entity to further the objectives of this chapter,

14 including the development, improvement, and promotion

15 of one-call damage prevention programs, research, risk as16 sessment, and mapping.’’.

17 SEC. 105. ANNUAL REPORTS.

18 Section 60124 (relating to annual reports) is re19 pealed.

20 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

21 Section 60125 (relating to authorization of appro22 priations) is amended—

23 (1) by striking ‘‘gas:’’ and all that follows in

24 subsection (a) and inserting ‘‘gas, $16,450,000 for

25 the fiscal year ending September 30, 1996, and such
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1 sums as may be necessary for fiscal years 1997,

2 1998, and 1999.’’;

3 (2) by striking ‘‘liquid:’’ and all that follows in

4 subsection (b) and inserting ‘‘liquid, $10,968,000 for

5 the fiscal year ending September 30, 1996, and such

6 sums as may be necessary for fiscal years 1997,

7 1998, and 1999.’’;

8 (3)(A) by striking the heading of subsection (c)

9 and inserting in lieu thereof ‘‘STATE PIPELINE

10 SAFETY GRANTS.—’’;

11 (B) by striking ‘‘title:’’ and all that follows in

12 subsection (c)(1) and inserting ‘‘title, $15,000,000

13 for the fiscal year ending September 30, 1996, and

14 such sums as may be necessary for fiscal years

15 1997, 1998, and 1999.’’;

16 (4) by striking subsection (d) and inserting the

17 following:

18 ‘‘(d) OTHER TRANSACTIONS.—Not more than the fol19 lowing amounts may be appropriated to the Secretary to

20 carry out section 60117(1) of this title: $5,000,000 for

21 the fiscal year ending September 30, 1996, and such sums

22 as may be necessary for fiscal years 1997, 1998, and

23 1999.’’; and

24 (5) by adding at the end the following new sub25 section:
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1 ‘‘(g) SPECIAL PROJECTS.—For each of fiscal years

2 1996, 1997, 1998, and 1999, not more than $500,000 or

3 0.5 percent of the amount appropriated annually to carry

4 out chapter 601, whichever is less, may be appropriated

5 to the Secretary to fund special projects undertaken joint6 ly with other offices within the Department to improve the

7 administration of transportation safety programs.’’.

8 SEC. 107. TECHNICAL CORRECTIONS.

9 (a) Section 60105 is amended by inserting ‘‘PIPE10 LINE SAFETY PROGRAM’’ after ‘‘STATE’’ in the heading.

11 (b) Section 60106 is amended by inserting ‘‘PIPE12 LINE SAFETY’’ after ‘‘STATE’’ in the heading.

13 (c) Section 60107 is amended by inserting ‘‘PIPE14 LINE SAFETY’’ after ‘‘STATE’’ in the heading.

15 (d) Section 60114(a)(9) is amended by striking ‘‘,

16 60122, and 60123’’ and inserting ‘‘and 60122’’.

17 TITLE II—AVIATION TARIFF

18 AMENDMENT

19 SEC. 201. AVIATION TARIFF AMENDMENT.

20 Section 40114(b) (relating to reports and records),

21 is amended—

22 (1) by striking ‘‘the Secretary’’ in the second

23 sentence and inserting ‘‘With the exception of tar24 iffs, the Secretary; and’’
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1 (2) by inserting ‘‘The Secretary shall ensure

2 that tariff records are available to the public on a

3 permanent basis.’’ after the second sentence.

4 TITLE III—HAZARDOUS

5 MATERIALS AMENDMENTS

6 SEC. 301. HAZARDOUS MATERIALS AMENDMENTS.

7 (a) Section 5107(e) (relating to employee training re8 quirements) is amended by striking ‘‘section 5127(c)(3)’’

9 and inserting ‘‘section 5127(b)(1)’’.

10 (b) Section 5116(j)(4)(A) (relating to supplemental

11 training grants) is amended by striking ‘‘subsection (g)’’

12 and inserting ‘‘section 5115’’.

13 (c) Section 5110(e) (relating to retention of shipping

14 papers) is amended—

15 (1) by striking the heading and inserting the

16 following:

17 ‘‘(e) RETENTION OF SHIPPING PAPERS.—’’; and

18 (2) by striking the first sentence and inserting

19 ‘‘A person required to provide a shipping paper to

20 a carrier and a carrier to which a shipping paper is

21 provided shall retain, at or accessible through its

22 principal place of business, a paper or electronic

23 image copy of each shipping paper for one year from
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1 the date the shipping paper has been provided to the

2 carrier.’’.

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