[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 459 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 459
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2001
Mr. Larsen of Washington (for himself, Mr. Inslee, Mr. Dicks, Mr.
Pallone, Mr. McDermott, Mr. Baird, and Mr. Smith of Washington)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Enhancement Act of 2001''.
(b) Amendment of 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.
SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Except as otherwise required by this Act, the
Secretary of Transportation shall implement the safety improvement
recommendations provided in the Department of Transportation Inspector
General's Report (RT-2000-069).
(b) Reports by the Secretary.--Not later than 90 days after the
date of enactment of this Act, and every 90 days thereafter until each
of the recommendations referred to in subsection (a) has been
implemented, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the specific actions taken to implement such recommendations.
(c) Reports by the Inspector General.--The Inspector General of the
Department of Transportation shall periodically transmit to the
Committees referred to in subsection (b) a report assessing the
Secretary's progress in implementing the recommendations referred to in
subsection (a) and identifying options for the Secretary to consider in
accelerating the implementation of the recommendations.
SEC. 3. NTSB SAFETY RECOMMENDATIONS.
(a) In General.--The Secretary of Transportation, the Administrator
of the Research and Special Programs Administration of the Department
of Transportation, and the Associate Administrator for Pipeline Safety
of the Research and Special Programs Administration shall fully comply
with section 1135 of title 49, United States Code, to ensure timely
responsiveness to recommendations that are made about pipeline safety
by the National Transportation Safety Board.
(b) Public Availability.--Subsection (c) of section 1135 of title
49, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c) Public Availability.--
''; and
(2) by adding at the end the following:
``(2) The Secretary, the Administrator of the Research and Special
Programs Administration of the Department of Transportation, or the
Associate Administrator for Pipeline Safety of the Research and Special
Programs Administration shall separately make available to the public a
copy of each response made by that official to a recommendation under
this section, together with a copy of the recommendation.''.
(c) Annual Report to Congress.--Subsection (d) of such section is
amended by striking ``a copy of the Secretary's response to each
recommendation'' and inserting ``a copy of each response to each such
recommendation by the Secretary, the Administrator of the Research and
Special Programs Administration of the Department of Transportation, or
the Associate Administrator for Pipeline Safety of the Research and
Special Programs Administration''.
SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) Personnel Qualification Programs.--
(1) Requirement for programs.--Chapter 601 is amended by
adding at the end the following:
``Sec. 60129. Pipeline personnel qualification programs
``(a) Qualification Programs.--
``(1) Requirement for programs.--Under regulations
prescribed by the Secretary, each operator of a pipeline
facility shall make available to the Secretary, or, in the case
of an intrastate pipeline facility operator, to the appropriate
State regulatory agency, a program that is designed to enhance
the qualifications of the pipeline personnel of that operator
and to reduce the likelihood of accidents and injuries. After
submittal of the program, the operator shall revise or update
the program when appropriate to ensure the current validity of
the program.
``(2) Content.--The program shall include, at a minimum,
criteria for the demonstration of the ability of an individual
to safely and properly perform tasks to which the standards
prescribed under section 60102 apply. The program shall also
provide for training and periodic reexamination of pipeline
personnel and for requalification of those personnel as
appropriate, including qualification for inspecting the
structural integrity of cable-suspension pipeline bridges.
``(3) Review of programs.--
``(A) In general.--The Secretary or a State
authority responsible for enforcing standards
prescribed under this chapter shall review the
qualification program of the operator and record the
results of that review for use in the next review of
the operator's program.
``(B) Context of review.--The Secretary or State
authority may conduct a review under subparagraph (A)
as an element of its inspection of an operator.
``(C) Inadequate programs.--If the Secretary or a
State authority determines that a qualification program
is inadequate for the safe operation of a pipeline
facility, the Secretary or State authority shall act
under section 60108(a)(2) to require the operator to
revise the qualification program.
``(4) Amendments to programs.--In order to facilitate
reviews under this subsection, an operator shall notify the
Secretary or State authority, as appropriate, of any amendment
made to the operator's qualification program not later than 30
days after the date of adoption of the amendment.
``(5) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement of this section.
``(b) Standards.--
``(1) In general.--The Secretary may establish minimum
standards for pipeline personnel training and evaluation, which
may include written examination, oral examination, work
performance history review, observation of job performance, on
the job training, simulations, or other forms of assessment.
``(2) Limitation.--If the Secretary establishes observation
of job performance as a standard for the evaluation of
qualifications, no such evaluation may be based solely on that
standard.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 601 is amended by adding at the end the
following:
``60129. Pipeline personnel qualification programs.''.
(b) Time for Initial Submittal.--Each entity operating a pipeline
facility (within the meaning of section 60101(18) of title 49, United
States Code, shall first submit a personnel qualification program under
section 60129 of such title (as added by subsection (a)) not later than
December 31, 2002.
(c) Report to Congress.--
(1) In general.--The Secretary of Transportation shall
submit to Congress a report evaluating the effectiveness of the
qualification and training efforts operators of pipeline
facilities.
(2) Content.--The report shall include the following:
(A) Actions taken by inspectors.
(B) Recommendations made by inspectors for changes
to operator qualification and training programs.
(C) Industry responses to those actions and
recommendations.
(D) Responses of employees of the operators to
those actions and recommendations.
(3) Criteria.--The Secretary may establish criteria for use
in evaluating and reporting on operator qualification and
training for purposes of this subsection.
(4) Time for report.--The Secretary shall submit the report
required by paragraph (1) to Congress not later than three
years after the date of the enactment of this Act.
SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.
(a) Program Required.--Section 60109 is amended by adding at the
end the following new subsection:
``(c) Risk Analysis and Integrity Management Programs.--
``(1) Requirement for operator programs.--Each operator of
a gas transmission or hazardous liquid pipeline facility shall
conduct an analysis of the risks to each facility of the
operator in an area identified pursuant to subsection (a)(1)
and shall adopt and implement a written integrity management
program for such facility to reduce the risks.
``(2) Required elements of integrity management programs.--
An integrity management program adopted by an operator of a
facility in an area identified pursuant to subsection (a)(1)
shall include, at a minimum, the following:
``(A) Provision for periodic inspection of the
facility, by internal inspection device, pressure
testing, direct assessment, or an alternative method
that would provide an equal or greater level of safety,
including a specification of--
``(i) the types of inspections;
``(ii) the frequency of the inspections,
which shall not be less frequent than once
every five years; and
``(iii) the manner in which the inspections
or testing are to be conducted.
``(B) Clearly defined criteria for evaluating the
results of--
``(i) inspections conducted under
subparagraph (A); and
``(ii) any testing done in the inspection
or as any other part of the integrity
management program.
``(C) Procedures for ensuring that problems
identified in such inspections or other testing are
corrected in a timely manner.
``(D) A description of measures to prevent and
mitigate the consequences of unintended releases from
the facility, such as leak detection, integrity
evaluation, emergency flow restricting devices, and
other prevention, detection, and mitigation measures.
``(E) The types of information sources that must be
integrated in assessing the integrity of the pipeline
facility as well as the manner of integration.
``(F) The nature and timing of actions selected to
address the integrity of the pipeline facility.
``(G) Any other factors that are appropriate for--
``(i) ensuring that the integrity of the
pipeline facility is addressed; or
``(ii) providing appropriate mitigative
measures for protecting areas identified under
subsection (a)(1).
``(3) Systems to monitor pressure and detect leaks; use of
emergency flow restricting devices.--The operator of a pipeline
facility may also provide in an integrity management program
under paragraph (1) for the following:
``(A) Changes to valves or the establishment or
modification of systems that monitor pressure and
detect leaks based on the operator's risk analysis.
``(B) The use of emergency flow restricting
devices.
``(4) Increased frequency of inspections.--
``(A) Considerations.--In determining whether to
require inspection of a facility more frequently than
once every five years, an operator shall take into
account, as appropriate, the following:
``(i) The potential for development of new
defects in the facility.
``(ii) The operational characteristics of
the facility, including age, operating
pressure, block valve location, corrosion
history, spill history, and any known
deficiencies in the method of pipeline
construction or installation.
``(iii) The possible growth of new and
existing defects.
``(B) Outside force damage.--For purposes of
subparagraph (A)(i), in considering the potential for
development of new defects in a pipeline facility from
damage by an outside force, an operator shall consider
information available about current or planned
excavation activities and the effectiveness of damage
prevention programs in the area.
``(5) Standards for minimum level of protection.--An
operator of a pipeline facility that is required to implement
an integrity management program under paragraph (1) shall--
``(A) adopt standards under this subsection that
provide a minimum level of protection for the
operator's facilities in areas identified pursuant to
subsection (a)(1) that is at least equivalent to the
applicable level of protection established by national
consensus standards organizations; and
``(B) implement pressure testing and other
integrity management techniques in a manner that
minimizes environmental or safety risks, such as by use
of water for pressure testing.
``(6) Authority and responsibility of secretary.--
``(A) Standards.--
``(i) Authority.--The Secretary may
prescribe standards to direct an operator's
conduct of a risk analysis and adoption and
implementation of an integrity management
program under paragraph (1).
``(ii) Inaction by secretary.--The
responsibility of an operator of a pipeline
facility to conduct a risk analysis or adopt or
implement an integrity management program under
paragraph (1) shall not be affected by any
failure of the Secretary to prescribe standards
under this subparagraph.
``(B) Review of integrity management programs.--
``(i) Transmittal to secretary.--Each
operator of a pipeline facility shall transmit
to the Secretary a detailed description of the
operator's integrity management program in
writing.
``(ii) Authority to review.--The Secretary
shall review the risk analysis and integrity
management program and record the results of
that review for use in the next review of the
operator's program.
``(iii) Context of review.--The Secretary
may conduct a review under clause (ii) as an
element of the Secretary's inspection of the
operator.
``(iv) Inadequate programs.--If the
Secretary determines that an operator's risk
analysis or integrity management program is
inadequate for the safe operation of a pipeline
facility, the Secretary shall act under section
60108(a)(2) to require the operator to revise
the risk analysis or integrity management
program.
``(v) Amendments to programs.--In order to
facilitate reviews under this subparagraph, an
operator of a pipeline facility shall notify
the Secretary of any amendment made to the
operator's integrity management program not
later than 30 days after the date of the
adoption of the amendment.
``(vi) Transmittal of programs to state
authorities.--The Secretary shall provide a
copy of a risk analysis and integrity management program reviewed by
the Secretary under this subparagraph to any appropriate State
authority with which the Secretary has entered into an agreement under
section 60106.
``(7) State review of integrity management plans.--A State
authority that enters into an agreement pursuant to section
60106, permitting the State authority to review the risk
analysis and written program, may provide the Secretary with a
written assessment of the risk analysis and integrity
management program, make recommendations, as appropriate, to
address safety concerns not adequately addressed by the
operator's risk analysis or integrity management program, and
submit documentation explaining the State-proposed revisions.
The Secretary shall carefully consider the State's proposals
and work in consultation with the States and operators to
address safety concerns.
``(8) Opportunity for local input on integrity
management.--The Secretary shall, by regulation, establish a
process for raising and addressing local safety concerns about
pipeline integrity and operators' pipeline integrity programs.
The process shall include the following:
``(A) A requirement that an operator of a hazardous
liquid pipeline or an operator of a pipeline facility
for the transmission of natural gas, as the case may
be, provide information about the operator's risk
analysis and integrity management program required
under this section to local officials in the State in
which the facility is located.
``(B) An identification of the local officials who
are required to be informed, the information that is to
be provided to them, and the manner (which may include
traditional or electronic means) in which it is to be
provided.
``(C) The means for receiving input from the local
officials, which may include a public forum sponsored
by the Secretary or by the State or the submission of
written comments through traditional or electronic
means.
``(D) The extent to which an operator must
participate in a public forum sponsored by the
Secretary or in another means for receiving input from
the local officials or in the evaluation of that input.
``(E) The manner in which the Secretary will notify
the local officials about how their concerns are being
addressed.
``(9) Baseline integrity assessment.--An operator of a
pipeline facility that is required to implement an integrity
management program under paragraph (1) shall complete a
baseline integrity assessment of each of the operator's
facilities in areas identified pursuant to subsection
(a)(1).''.
(b) Implementation.--
(1) Risk analyses and integrity management programs.--The
initial risk analyses and integrity management programs
required under section 60109(c)(1) of title 49, United States
Code (as added by subsection (a) of this section), shall be
completed not later than one year after the date of enactment
of this Act.
(2) Baseline integrity assessments.--The initial baseline
integrity assessment of the pipeline facility of each operator
required under section 60109(c)(9) of title 49, United States
Code (as added by subsection (a) of this section), shall be
completed not later than five years after the date of the
enactment of this Act.
(3) Review.--
(A) Requirement for review.--Not later than 2 years
after all integrity management programs required to be
submitted within the time specified in paragraph (1)(A)
have been received by the Secretary of Transportation,
the Secretary shall complete an assessment and
evaluation of the effects on safety and the environment
of expanding the applicability of the requirements
under section 60109(c) of title 49, United States Code
(as added by subsection (a) of this section), to cover
additional areas.
(B) Submittal to congress.--The Secretary shall
submit to Congress the Secretary's assessment and
evaluation together with any recommendations for
improving and expanding the utilization of integrity
management programs under that subsection.
(4) Opportunity for local input on integrity management.--
The Secretary shall issue the regulations required under
section 60109(c)(8) of title 49, United States Code (as added
by subsection (a) of this section), not later than 18 months
after the date of the enactment of this Act.
SEC. 6. HAZARDOUS PIPELINE FACILITIES.
Section 60112 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Authority.--After notice and an opportunity for a
hearing, the Secretary may decide that a pipeline facility is hazardous
if the Secretary decides that--
``(1) operation of the facility is or would be hazardous to
life, property, or the environment; or
``(2) the facility is or would be constructed or operated,
or a component of the facility is or would be constructed or
operated, with equipment, material, or a technique that the
Secretary decides is hazardous to life, property, or the
environment.''; and
(2) in subsection (d) by striking ``is hazardous,'' and
inserting ``is, or would be, hazardous,''.
SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT
TO KNOW.
(a) Requirements.--
(1) Program requirements.--
(A) In general.--Section 60116 is amended to read
as follows:
``Sec. 60116. Public education, emergency preparedness, and community
right to know
``(a) Public Education Programs.--
``(1) Requirement for programs.--
``(A) In general.--Each owner or operator of a
pipeline facility shall carry out a continuing program
to educate the public about its facility.
``(B) Content.--
``(i) Information.--The program shall
include information on the use of a one-call
system for advance notification of an
excavation and for other damage prevention
actions, the possible hazards associated with
unintended releases from the pipeline facility,
the physical indications that such a release
may have occurred, the steps that should be
taken for public safety in the event of a
pipeline release, and how to report such an
event.
``(ii) Other activities.--The public
education program shall also include activities
to advise affected municipalities, school
districts, businesses, and residents of
pipeline facility locations.
``(2) Periodic review.--The Secretary or the appropriate
State agency shall periodically review the public education
program of each owner or operator of a pipeline facility.
``(3) Program elements, standards, and materials.--The
Secretary may prescribe the elements of an effective public
education program and standards for assessing the effectiveness
of the program. The Secretary may also develop materials for
use in the program.
``(4) Technical assistance.--The Secretary may provide
technical assistance on public safety and public education
programming regarding pipeline safety as follows:
``(A) To pipeline industry.--To the pipeline
industry, technical assistance on--
``(i) developing public safety and public
education program content; and
``(ii) using best practices for program
delivery and on evaluating the effectiveness of
the programs.
``(B) To state and local officials.--To State and
local officials, technical assistance on applying
practices developed in the public safety and public
education programs to their activities to promote
pipeline safety.
``(b) Emergency Preparedness.--
``(1) Operator liaison.--Each operator of a pipeline
facility shall maintain liaison with the State emergency
response commissions, and local emergency planning committees
in the areas of pipeline rights-of-way established under
section 301 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001) in each State in which it
operates.
``(2) Information.--
``(A) In general.--Each such operator shall, upon
request, make available to the State emergency response
commissions and local emergency planning committees,
and shall make available to the Office of Pipeline
Safety for the purpose of providing the information to
the public, the information described in section
60102(d), the operator's program for integrity
management under section 60109(c), and information on
the implementation of that program.
``(B) Formats.--An operator of a pipeline facility
shall make the information available under this
paragraph in a standardized format and in a format that
is integrated into a commercial off-the-shelf in-
vehicle portable computer global positioning system
navigation mapping software used in first responder
vehicles equipped with portable computers and
responding to pipeline spills.
``(C) Designation of regional emergency
transportation coordinators.--
``(i) Requirement.--The Secretary shall
designate for the purposes of this paragraph
the Regional Emergency Transportation
Coordinator with the responsibility for
defining the in-vehicle navigation mapping
standards and contracting the outsource mapping
vendor, which can provide the most cost
effective first responder mapping tool, for
coordinated emergency responses, in the
geographic area.
``(ii) Financial assistance.--The Secretary
may, by grant, provide a Regional Emergency
Transportation Coordinator designated under
clause (i) with financial assistance for
carrying out the responsibility imposed under
that clause.
``(D) Additional required content.--The operator
shall ensure that the information described in section
60102(d) that is made available about the pipeline
facility under this paragraph includes, at a minimum
the following information:
``(i) An emergency telephone number that
provides effective communication with the
operator at any time during the 24 hours of
each day.
``(ii) In the description of the pipeline
facility, information on the pipe diameter, the
product or products carried, and the operating
pressure.
``(iii) In the maps showing the locations
of the pipeline facility, any high consequence
areas which the pipeline facility traverses or
adjoins and abuts.
``(iv) A summary description of the
integrity measures the operator uses to assure
safety and protection for the environment.
``(v) A point of contact to respond to any
questions from an emergency response
representative.
``(3) Smaller communities.--For a community without a local
emergency planning committee, the operator shall maintain
liaison with the local firefighting, police, and other
emergency response agencies.
``(4) Public access.--The Secretary shall prescribe
requirements for appropriate public access to the information
made available under this subsection, including a requirement
that the information be made available to the public by widely
accessible computerized database.
``(c) Community Right To Know.--
``(1) Maps provided by owners and operators.--Not later
than 12 months after the date of enactment of this subsection
and annually thereafter, each owner or operator of a pipeline
facility shall provide to the governing body of each
municipality in which the pipeline facility is located, a map
identifying the location of such facility. The map may be
provided in electronic form.
``(2) Waiver of requirement in particular cases of gas
pipeline facilities.--
``(A) Authority.--Under procedures prescribed by
the Secretary, the Secretary may waive the
applicability of paragraph (1) with respect to any part
of a gas pipeline facility for the transporting of
natural gas for which the Secretary determines that
compliance with that paragraph is not practicable.
``(B) Inapplicability to liquid natural gas.--A
waiver may not be granted under subparagraph (A) for
any part of a pipeline facility for the transporting of
liquid natural gas.
``(3) Annual pipeline segment reports.--
``(A) In general.--Not later than 6 months after
the date of enactment of this subsection and annually
therefore, each owner or operator of a pipeline
facility shall submit to the Secretary a report on
pipeline segments of the facility in accordance with
this subsection.
``(B) Content of reports.--A pipeline segment
report of an owner or operator of a facility shall
include, at a minimum, the following information for
each pipeline segment of the facility:
``(i) The business name, address, and
telephone number of the owner or operator.
``(ii) A summary description of the
pipeline system containing the segment,
including a general system map and a
description of any product the pipeline
transports, the length of the system, and
origin and termination points.
``(iii) State and local emergency response
liaison information.
``(iv) A description of periodic testing
methods used on the segment and the frequency
of such testing.
``(v) A summary of the results of periodic
testing of the segment, including any defects
detected and actions taken to address the
defects.
``(vi) A description of the leak detection
system in use on the segment and its
sensitivity.
``(vii) A 5-year incident history for the
segment.
``(viii) An inspection and enforcement
history for the segment.
``(ix) If applicable, a summary of
integrity management program actions related to
the segment.
``(4) Authority for flexibility in cases involving security
risks.--The Secretary may modify or waive any requirement for
certain information to be included in a report under paragraph
(2) if the Secretary determines that the inclusion of such
information would pose a risk to the security of a pipeline
system.
``(5) Pipeline segment defined.--In this subsection, the
term `pipeline segment' means--
``(A) with respect to a gas transmission pipeline
facility, the length of pipeline between the origin and
the first compressor station, between intermittent
compressor stations, and between the final compressor
station and the termination point; and
``(B) with respect to a hazardous liquid pipeline
facility, the length of pipeline between the origin and
the first pumping station, between intermittent pumping
stations, and between the final pumping station and the
termination point.
``(d) Emergency Response Grants.--The Secretary shall establish a
program for making grants to State, county, and local governments in
high consequence areas (as designated by the Secretary) for emergency
response management, training, and technical assistance.
``(e) Public Availability of Reports.--The Secretary shall--
``(1) make available to the public--
``(A) a safety-related condition report filed by an
operator under section 60102(h);
``(B) a report of a pipeline incident filed by an
operator;
``(C) the results of any inspection by the Office
of Pipeline Safety or a State regulatory official;
``(D) a description of any corrective action taken
in response to a safety-related condition made
available under subparagraph (A), (B), or (C); and
``(E) through the consolidated computer database of
the Secretary, each pipeline segment report submitted
under subsection (d); and
``(2) prescribe requirements for appropriate public access
to integrity management program information prepared under this
chapter, including requirements that will ensure data
accessibility to the greatest extent feasible.
``(f) Effect on Emergency Responders and Emergency Planning
Committee.--Nothing in this section shall be construed to impose a new
duty on State or local emergency responders or local emergency planning
committees.''.
(B) Clerical amendment.--The item relating to such
section in the table of sections at the beginning of
chapter 601 is amended to read as follows:
``60116. Public education, emergency preparedness, and community right
to know.''.
(2) Safety condition reports.--Section 60102(h)(2) is
amended by striking ``State authorities'' in the second
sentence and inserting ``State officials, including the local
emergency responders.''.
(b) Review of Public Education Programs.--
(1) Review required.--Not later than one year after the
date of the enactment of this Act, each owner or operator of a
pipeline facility shall review its existing public education
program to determine the effectiveness of the program and shall
modify the program as necessary to improve the effectiveness of
the program and to comply with the requirements of section
60116 of title 49, United States Code, as amended by subsection
(a).
(2) Submittal to secretary.--Upon completing the review and
any modification of the program resulting from the review, the
owner or operator, as the case may be, shall submit a detailed
description of the program to the Secretary of Transportation
or, in the case of an intrastate pipeline facility, to the
appropriate State agency.
(c) Time for Implementation of Requirements--
(1) Operator liaison.--Each operator of a pipeline facility
shall have the emergency response liaison required under
subsection (b) of section 60116 of title 49, United States Code
(as amended by subsection (a)), in place not later than one
year after the date of the enactment of this Act.
(2) Community right to know.--Each owner or operator of a
pipeline facility shall ensure that the governing body of each
municipality in which the pipeline facility is located has a
map that identifies the location of such facility and otherwise
is in compliance with subsection (c) of section 60116 of title
49, United States Code (as amended by subsection (a)), not
later than one year after the date of the enactment of this
Act.
(3) Initial pipeline segment reports.--Each owner or
operator of a pipeline facility shall submit its initial
pipeline segment report to the Secretary of Transportation
under subsection (d) of section 60116 of title 49, United
States Code (as amended by subsection (a)), not later than six
months after the date of the enactment of this Act.
SEC. 8. PENALTIES.
(a) Civil Penalties.--Section 60122 is amended--
(1) in subsection (a)(1)--
(A) by striking ``$25,000'' in the first sentence
and inserting ``$500,000'';
(B) by striking ``$500,000'' in the third sentence
and inserting ``$1,000,000''; and
(C) by adding at the end the following: ``The
preceding sentence does not apply to judicial
enforcement action under section 60120 or 60121.'';
(2) by adding at the end of subsection (a) the following:
``(3) Discharges from hazardous liquid pipelines.--A person
who is the owner, operator, or person in charge of a hazardous
liquid pipeline facility from which a hazardous liquid is
discharged is liable to the Government for a civil penalty of
at least $1,000 per barrel of oil or other hazardous liquid
discharged, except that a person may not be liable for a civil
penalty under this subsection for a discharge if the person has
been assessed a civil penalty under section 309 or 311(b) of
the Federal Water Pollution Control Act (33 U.S.C. 1319;
1321(b)) for the discharge. A person may be liable for a civil
penalty under this paragraph and paragraph (1) with respect to
the same discharge.''; and
(3) by striking subsection (b) and inserting the following:
``(b) Penalty Considerations.--In determining the amount of a civil
penalty under this section--
``(1) the Secretary shall consider--
``(A) the nature, circumstances, and gravity of the
violation, including any adverse impact on the
environment;
``(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on ability to continue
doing business; and
``(C) good faith in attempting to comply; and
``(2) the Secretary may consider--
``(A) the economic benefit gained from the
violation without any discount because of subsequent
damages; and
``(B) other matters that justice requires.''.
(b) Excavator Damage.--Section 60123(d) is amended--
(1) in the matter preceding paragraph (1) by striking
``knowingly and willfully'';
(2) in paragraph (1) by inserting ``knowingly and
willfully'' before ``engages''; and
(3) in paragraph (2) by striking subparagraph (B) and
inserting the following:
``(B) a pipeline facility, is aware of damage, and
does not report the damage promptly to the operator of
the pipeline facility and to other appropriate
authorities; or''.
(c) Civil Actions.--Section 60120(a)(1) is amended to read as
follows:
``(1) On the request of the Secretary of Transportation, the
Attorney General may bring a civil action in an appropriate district
court of the United States to enforce section 60112 or any other
provision of this chapter, a regulation prescribed under this chapter,
or an order issued under this chapter. The court may award appropriate
relief, including a temporary or permanent injunction, punitive
damages, and assessment of civil penalties considering the same factors
as are prescribed for the Secretary for the administrative imposition
of civil penalties under section 60122.''.
SEC. 9. STATE OVERSIGHT ROLE.
(a) State Agreements With Certification.--Section 60106 is
amended--
(1) in subsection (a) by striking ``General Authority.--''
and inserting ``Agreements Without Certification.--'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e); and
(3) by inserting after subsection (a) the following:
``(b) Agreements With Certification.--
``(1) In general.--
``(A) Authority.--If the Secretary accepts a
certification under section 60105 of this title and
makes the determinations required under this
subsection, the Secretary may enter into an agreement
with a State authority authorizing it to participate in
the oversight of interstate pipeline transportation.
``(B) State plans required under agreements.--Each
such agreement shall include a plan for the State
authority to participate in special investigations
involving incidents or new construction and shall allow
the State authority to participate in other activities
overseeing interstate pipeline transportation or to
assume additional inspection or investigatory duties.
``(C) Citizen participation.--The Secretary or the
State authority may provide for citizen participation
with respect to entry into and implementation of an
agreement under this paragraph.
``(D) Relationship to other authority,
requirements, and restrictions.--Nothing in this
section modifies the limitation and prohibition in
section 60104(c) or authorizes the Secretary to
delegate the enforcement of safety standards prescribed
under this chapter to a State authority.
``(2) Determinations required.--The Secretary may not enter
into an agreement under this subsection unless the Secretary
determines that--
``(A) the agreement allowing participation of the
State authority is consistent with the Secretary's
program for inspection and consistent with the safety
policies and provisions provided under this chapter;
``(B) the interstate participation agreement would
not adversely affect the oversight responsibilities of
intrastate pipeline transportation by the State
authority;
``(C) the State is carrying out a program
demonstrated to promote preparedness and risk
prevention activities that enable communities to live
safely with pipelines;
``(D) the State meets the minimum standards for
State one-call notification set forth in chapter 61;
and
``(E) the actions planned under the agreement would
not impede interstate commerce or jeopardize public
safety.''.
(b) Terminating Agreements.--Subsection (e) of such section, as
redesignated by subsection (a)(2), is amended to read as follows:
``(e) Terminating Agreements.--
``(1) Permissive termination.--The Secretary may terminate
an agreement with a State authority under this section if the
Secretary finds that the State authority has not complied with
a provision of the agreement.
``(2) Mandatory termination of agreement.--The Secretary
shall terminate an agreement with a State authority for
participation in the oversight of interstate pipeline
transportation if the Secretary finds that--
``(A) the implementation of the agreement has
resulted in a deficiency in the oversight
responsibilities of intrastate pipeline transportation
by the State authority;
``(B) the State actions under the agreement have
failed to meet the requirements under subsection (b);
or
``(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation would not promote pipeline safety.
``(3) Procedural requirements.--
``(A) Notice and hearing.--The Secretary shall
provide notice and an opportunity for a hearing to a
State authority before terminating an agreement under
this section.
``(B) Opportunity for corrective action.--The
Secretary may provide a State an opportunity to correct
any deficiencies before terminating the agreement.
``(C) Publication of termination.--The finding and
decision to terminate the agreement shall be published
in the Federal Register and may not become effective
for at least 15 days after the date of the publication
unless the Secretary finds that continuation of the
agreement poses an imminent hazard.''.
(c) Savings Provision for Existing Agreements With States.--
(1) Temporary continuation.--If requested by a State
authority that, on the date of the enactment of this Act, has
in effect an interstate agreement to oversee interstate
pipeline transportation that was entered into after January
2000, the Secretary of Transportation shall authorize the State
authority to oversee interstate pipeline transportation
pursuant to the terms of that agreement until the earlier of--
(A) the date on which the Secretary determines that
the State meets the requirements of paragraph (2) of
section 60106(b) of title 49, United States Code (as
added by subsection (a)), and executes a new agreement
under that section; or
(B) December 31, 2002.
(2) Construction.--Nothing in this subsection shall prevent
the Secretary, after providing the State authority with a
notice, an opportunity for a hearing, and an opportunity to
correct any alleged deficiencies, from terminating an agreement
that was in effect before the date of the enactment of this Act
if the Secretary determines that--
(A) the State authority fails to comply with the
terms of the agreement;
(B) the implementation of the agreement has
resulted in a deficiency in the performance of
oversight responsibilities of intrastate pipeline
transportation by the State authority; or
(C) continued participation by the State authority
in the oversight of interstate pipeline transportation
has had an adverse impact on pipeline safety.
SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.
(a) Improvement of Pipeline Incident Reports.--
(1) Requirement.--The Secretary of Transportation shall
make such revisions of the casual categories on pipeline
incident report forms as the Secretary determines necessary to
eliminate overlapping and confusing categories and
subcategories. In making the revisions, the Secretary shall
take into account the data collected under the plan developed
under paragraph (2).
(2) Data collection plan.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
develop and implement a comprehensive plan for collecting data
on gas and hazardous liquid pipeline facilities and for using
the data in making the revisions called for under paragraph
(1). The plan shall provide for the performance of sound
incident trend analysis and evaluations of pipeline operator
performance using normalized accident data.
(b) Reports of Releases Exceeding 5 Gallons.--Section 60117(b) is
amended--
(1) by inserting ``(1)'' before ``To'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting before the last sentence the following:
``(2)(A) A person owning or operating a hazardous liquid pipeline
facility regulated under this chapter shall report to the Secretary
each release of more than five gallons of hazardous liquid, and each
release of more than five gallons of carbon dioxide, from the facility
to the environment while being transported through the facility.
``(B) A report under this paragraph shall include the following:
``(i) The location of the release.
``(ii) Any fatalities or personal injuries.
``(iii) The type of product.
``(iv) The amount of product released.
``(v) The cause or causes of the release.
``(vi) The extent of any damage to property or the
environment.
``(vii) The response undertaken to clean up the product
released and the effects of the release.
``(3) During the course of an incident investigation, a person
owning or operating a pipeline facility shall make records, reports,
and information required under subsection (a) or other reasonably
described records, reports, and information relevant to the incident
investigation, available to the Secretary within the time limits
prescribed in a written request made by the Secretary.''; and
(4) by indenting the first word of the last sentence and
inserting ``(4)'' before ``The Secretary'' in that sentence.
(c) References to Penalty Authorities.--Chapter 601 is amended--
(1) in section 60122(a)(1) by striking ``60114(c)'' and
inserting ``60117(b)(3)''; and
(2) in section 60123(a) by striking ``60114(c),'' and
inserting ``60117(b)(3),''.
(d) Establishment of National Depository.--Section 60117 is amended
by adding at the end the following:
``(l) National Depository.--The Secretary shall establish a
national depository of data on events and conditions, including spill
histories and corrective actions for specific incidents, that can be
used to evaluate the risk of, and to prevent, pipeline failures and
releases. The Secretary shall administer the program through the
Director of the Bureau of Transportation Statistics, in cooperation
with the Administrator of the Research and Special Programs
Administration, and shall make such information available on the
Internet and for use by State and local planning and emergency response
authorities and the public.''.
SEC. 11. RESEARCH AND DEVELOPMENT.
(a) Innovative Technology Development.--
(1) In general.--The Secretary of Transportation shall
require that the research and development program of the
Department of Transportation include research that is directed
toward the development of alternative technologies--
(A) to expand the capabilities of internal
inspection devices to identify and accurately measure
defects and anomalies;
(B) to inspect pipelines that cannot accommodate
internal inspection devices available on the date of
the enactment of this Act;
(C) to develop innovative techniques measuring the
structural integrity of pipelines;
(D) to improve the capability, reliability, and
practicality of external leak detection devices; and
(E) to develop and improve alternative technologies
to identify and monitor outside force damage to
pipelines.
(2) Cooperative agreements.--The Secretary may participate
in additional technological development under this subsection
through cooperative agreements entered into with trade
associations, academic institutions, or other qualified
organizations.
(b) Pipeline Safety and Reliability Research and Development.--
(1) Requirement for program.--The Secretary of
Transportation, in coordination with the Secretary of Energy,
shall develop and implement an accelerated cooperative program
of research and development to ensure the integrity of natural
gas and hazardous liquid pipelines. The research and
development program--
(A) shall include materials inspection techniques,
risk assessment methodology, and information systems
surety; and
(B) shall complement, and not replace, the research
program of the Department of Energy addressing natural
gas pipeline issues that is in place on the date of the
enactment of this Act.
(2) Purpose.--The purpose of the cooperative research
program shall be to promote pipeline safety research and
development to--
(A) ensure long-term safety, reliability and
service life for existing pipelines;
(B) expand capabilities of internal inspection
devices to identify and accurately measure defects and
anomalies;
(C) develop inspection techniques for pipelines
that cannot accommodate the internal inspection devices
available on the date of enactment;
(D) develop innovative techniques to measure the
structural integrity of pipelines to prevent pipeline
failures;
(E) develop improved materials and coatings for use
in pipelines;
(F) improve the capability, reliability, and
practicality of external leak detection devices;
(G) identify underground environments that might
lead to shortened service life;
(H) enhance safety in pipeline siting and land use;
(I) minimize the environmental impact of pipelines;
(J) demonstrate technologies that improve pipeline
safety, reliability, and integrity;
(K) provide risk assessment tools for optimizing
risk mitigation strategies; and
(L) provide highly secure information systems for
controlling the operation of pipelines.
(3) Potential areas for research and development.--In
carrying out this subsection, the Secretary of Transportation,
in coordination with the Secretary of Energy, shall consider
research and development on natural gas, crude oil, and other
and petroleum product pipelines for--
(A) early crack, defect, and damage detection,
including real-time damage monitoring;
(B) automated internal pipeline inspection sensor
systems;
(C) land use guidance and set-back management along
pipeline rights-of-way for communities;
(D) internal corrosion control;
(E) corrosion-resistant coatings;
(F) improved cathodic protection;
(G) inspection techniques where internal inspection
is not feasible, including measurement of structural
integrity;
(H) external leak detection, including portable
real-time video imaging technology, and the advancement
of computerized control center leak detection systems
utilizing real-time remote field data input;
(I) longer life, high strength, noncorrosive
pipeline materials;
(J) assessment of the remaining strength of
existing pipes;
(K) risk and reliability analysis models to be used
to identify, on the basis of an analysis of data
obtained from a pipeline performance tracking
initiative, safety improvements that could be realized in the near
term;
(L) identification, monitoring (including
monitoring by satellite surveillance), and prevention
of outside force damage; and
(M) any other areas necessary for ensuring the
public safety and protecting the environment.
(4) Points of contact.--
(A) In general.--To coordinate and implement the
research and development programs and activities
authorized under this subsection--
(i) the Secretary of Transportation shall
designate, as the point of contact for the
Department of Transportation, an officer of the
Department of Transportation who has been
appointed by the President, by and with the
advice and consent of the Senate; and
(ii) the Secretary of Energy shall
designate, as the point of contact for the
Department of Energy, an officer of the
Department of Energy who has been appointed by
the President, by and with the advice and
consent of the Senate.
(B) Duties.--
(i) Duty primarily of dot official.--The
point of contact for the Department of
Transportation shall have the primary
responsibility for coordinating and overseeing
the implementation of the research,
development, and demonstration program plan
under paragraph (5).
(ii) Joint duties.--The points of contact
designated under subparagraph (A) shall jointly
assist in arranging cooperative agreements for
research, development, and demonstration that
involve their respective departments, national
laboratories, universities, and industry
research organizations.
(5) Research and development program plan.--
(A) Requirement for plan.--
(i) In general.--Within 240 days after the
date of the enactment of this Act, the
Secretary of Transportation shall prepare and
submit to Congress a 5-year program plan to
guide activities under this subsection.
(ii) Coordination and consultation
requirements.--In the preparation of the
program plan, the Secretary shall coordinate
with the Secretary of Energy and the Pipeline
Integrity Technical Advisory Committee
(established under section 12) and shall
consult with appropriate representatives of the
natural gas, crude oil, and petroleum product
pipeline industries to select and prioritize
appropriate project proposals.
(iii) Other sources of advice.--The
Secretary may also seek the advice of
representatives of utilities, manufacturers,
institutions of higher education, Federal
agencies, the pipeline research institutions,
national laboratories, State pipeline safety
authorities, environmental organizations,
pipeline safety advocates, and professional and
technical societies.
(B) Implementation of plan.--
(i) Primary responsibility.--The Secretary
of Transportation shall have primary
responsibility for ensuring that the 5-year
plan provided for in subparagraph (A) is
implemented as intended.
(ii) Authorized forms of agreements.--In
carrying out the research, development, and
demonstration activities under this subsection,
the Secretary of Transportation and the
Secretary of Energy may use, to the extent
authorized under applicable provisions of law,
contracts, cooperative agreements, cooperative
research and development agreements under the
Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.), grants, joint
ventures, other transactions, and any other
form of agreement available to the Secretary
consistent with the recommendations of the
Advisory Committee.
(C) Annual report to congress.--The Secretary of
Transportation shall report to Congress annually as to
the status and results of the implementation of the
research and development program plan. The report shall
include a discussion of the activities of the
Department of Transportation, the Department of Energy,
the national laboratories, universities, and any other
research organizations, including industry research
organizations.
SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation shall enter
into appropriate arrangements with the National Academy of Sciences to
establish and manage the Pipeline Integrity Technical Advisory
Committee for the purpose of advising the Secretary of Transportation
and the Secretary of Energy on the development and implementation of
the 5-year research, development, and demonstration program plan under
section 11(b)(5). The Advisory Committee shall have an ongoing role in
evaluating the progress and results of the research, development, and
demonstration carried out under that section.
(b) Membership.--The National Academy of Sciences shall appoint the
members of the Pipeline Integrity Technical Advisory Committee after
consultation with the Secretary of Transportation and the Secretary of
Energy. Members appointed to the Advisory Committee should have the
qualifications necessary to provide technical contributions for the
work of the Advisory Committee.
SEC. 13. DAMAGE PREVENTION.
(a) Development of Strategic Plan.--The Secretary of Transportation
shall develop and implement a strategic plan to reduce, within four
years after the date of enactment of this Act, the annual number of
accidental releases from pipelines regulated under chapter 601 of title
49, United States Code, that are caused by damage by outside force by
25 percent below the number for the year in which this Act is enacted.
(b) Content of Plan.--The strategic plan shall include, at a
minimum, a description of the efforts of the Secretary--
(1) to expand and improve public education activities to
inform excavators, facility operators, employees of State and
local highway departments, and the public about the importance
of preventing damage to pipelines and underground facilities
and the importance of pipeline rights-of-way;
(2) to expand the Secretary's judicial and prosecutorial
education activities and campaigns to increase awareness of the
importance of preventing damage to pipelines and underground
facilities;
(3) to advance technology to improve contact with one-call
notification systems and to help mark and locate pipelines and
associated facilities before any excavation activity begins;
(4) to identify, validate, and promote technology transfer
of the best practices used to prevent damage to underground
facilities and to update the report entitled ``Common Ground'';
and
(5) to develop means to implement recommendations specified
in ``Common Ground''.
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report containing the strategic plan.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING
AUTHORIZATIONS.
(a) Gas and Hazardous Liquids.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) Authorization of appropriations.--For carrying out
this chapter and other pipeline-related damage prevention
activities of this title (except for sections 60107 and
60116(e)), funds are authorized to be appropriated to the
Department of Transportation for periods and in amounts as
follows:
``(A) For fiscal year 2002, $41,500,000, of which
$31,500,000 is to be derived from user fees collected
for fiscal year 2002 under section 60301 of this title.
``(B) For each of the fiscal years 2003 and 2004,
$45,000,000, of which $34,000,000 is to be derived from
user fees collected for each of fiscal year 2003 and
fiscal year 2004, respectively, under section 60301 of
this title.
``(2) Allocations for research.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal year, not
less than the following amounts shall be used for research of
pipeline safety technologies described in section 11 of the
Pipeline Safety Enhancement Act of 2001:
``(A) $5,000,000 for fiscal year 2002.
``(B) $5,500,000 for fiscal year 2003.
``(C) $6,000,000 for fiscal year 2004.''.
(b) Grants to States.--Section 60125 is amended by striking
subsections (b) and (c) and inserting the following:
``(c) State Grants.--Not more than the following amounts may be
appropriated to the Secretary to carry out section 60107:
``(1) For fiscal year 2002, $21,000,000, of which
$18,000,000 is to be derived from collected user fees for
fiscal year 2002 under section 60301 of this title.
``(2) For each of fiscal years 2003 and 2004, $25,000,000,
of which $22,000,000 is to be derived from user fees collected
for each of fiscal year 2003 and fiscal year 2004,
respectively, under section 60301 of this title.''.
(c) Emergency Response Grants and Oil Spills.--Section 60525 is
amended by redesignating subsections (d), (e), and (f) as subsections
(e), (f), (g) and by inserting after subsection (b) the following:
``(c) Emergency Response Grants.--There is authorized to be
appropriated to carry out section 60116(e) $6,000,000 for each of
fiscal years 2002, 2003, and 2004.''
(d) Pipeline Integrity Program.--
(1) Department of transportation.--Of the amounts available
in the Oil Spill Liability Trust Fund established by section
9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509),
$5,000,000 shall be transferred to the Secretary of
Transportation for each of fiscal years 2002 through 2006 to
carry out programs for detection, prevention, and mitigation of
oil spills under sections 11(b) and 12 of this Act. Amounts
transferred under this paragraph are in addition to amounts
authorized to be appropriated under section 60125(d) of title
49, United States Code, as added by subsection (c)(2).
(2) Authorization of appropriations for doe.--There are
authorized to be appropriated to the Secretary of Energy for
each of the fiscal years 2002 through 2006 such sums as may be
necessary for carrying out sections 11(b) and 12 of this Act.
SEC. 15. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.
(a) In General.--Chapter 601, as amended by section 4(a), is
further amended by adding at the end the following:
``Sec. 60130. Protection of employees providing pipeline safety
information
``(a) Discrimination Against Pipeline Employees.--No operator of a
pipeline facility, and no contractor or subcontractor involved in the
operation of a pipeline facility, may discharge an employee or
otherwise discriminate against an employee with respect to
compensation, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request of the
employee)--
``(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause to be
provided to the employer or Federal Government information
relating to any violation or alleged violation of any provision of this
chapter or of any other law of the United States relating to pipeline
safety or any order, regulation, or standard issued under this chapter;
``(2) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any such violation or any such alleged
violation;
``(3) testified or is about to testify in such a
proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--
``(A) Filing.--A person who believes that he or she
has been discharged or otherwise discriminated against
by any person in violation of subsection (a) may, not
later than 90 days after the date on which such
violation occurs, file (or have any person file on his
or her behalf) a complaint with the Secretary of Labor
alleging such discharge or discrimination.
``(B) Notification.--Upon receipt of such a
complaint, the Secretary of Labor shall transmit to the
person named in the complaint and the Administrator of
the Research and Special Programs Administration a
written notification of the filing of the complaint the
allegations contained in the complaint, the substance
of evidence supporting the complaint, and the
opportunities that are afforded to such person under
paragraph (2).
``(2) Investigation; preliminary order.--
``(A) Investigation.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1), and after affording the person named in
the complaint an opportunity to submit to the Secretary
of Labor a written response to the complaint, the
Secretary shall--
``(i) conduct an investigation and
determine whether there is reasonable cause to
believe that the complaint has merit; and
``(ii) transmit to the complainant and the
person alleged to have committed a violation of
subsection (a) a written notification of the
Secretary's findings.
``(B) Order for relief.--
``(i) Preliminary order.--If the Secretary
of Labor concludes that there is reasonable
cause to believe that a violation of subsection
(a) has occurred, the Secretary shall accompany
the Secretary's findings with a preliminary
order providing the relief prescribed by
paragraph (3)(B).
``(ii) Objections and hearing.--Not later
than 30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation
or the complainant may file objections to the
findings or preliminary order, or both, and
request a hearing on the record. The filing of
such objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. A hearing granted under this
clause shall be conducted expeditiously.
``(iii) Finality of order.--If a hearing is
not requested within such 30-day period, the
preliminary order shall, upon the expiration of
that period, become a final order that is not
subject to judicial review.
``(C) Burdens of proof.--
``(i) Initial showing by complainant.--The
Secretary of Labor shall dismiss a complaint
filed under this subsection and shall not
conduct an investigation otherwise required
under subparagraph (A) unless the complainant
makes a prima facie showing that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the
complaint.
``(ii) Initial showing by employer.--
Notwithstanding a finding by the Secretary that
the complainant has made the showing required
under clause (i), no investigation otherwise
required under subparagraph (A) shall be
conducted if the employer demonstrates, by
clear and convincing evidence, that the
employer would have taken the same unfavorable
personnel action in the absence of that
behavior.
``(iii) Substantiation by complainant.--The
Secretary may determine that a violation of
subsection (a) has occurred only if the
complainant demonstrates that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the
complaint.
``(iv) Rebuttal by employer.--Relief may
not be ordered under subparagraph (A) if the
employer demonstrates by clear and convincing
evidence that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the date of
the conclusion of a hearing under paragraph (2), the
Secretary of Labor shall issue a final order providing
relief prescribed in subparagraph (B) or denying the
complaint. At any time before issuance of a final
order, a proceeding under this subsection may be terminated on the
basis of a settlement agreement entered into by the Secretary of Labor,
the complainant, and the person alleged to have committed the
violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the person who committed
such violation to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to his or
her former position together with the
compensation (including back pay) and restore
for the complainant the terms, conditions, and
privileges associated with his or her
employment; and
``(iii) provide compensatory damages to the
complainant.
``(C) Assessment of costs.--If an order described
in subparagraph (B) is issued in the case of a
complaint, the Secretary of Labor, at the request of
the complainant, shall assess against the person whom
the order is issued a sum equal to the aggregate amount
of all costs and expenses (including attorney's and
expert witness fees) reasonably incurred, as determined
by the Secretary of Labor, by the complainant for, or
in connection with, the bringing of the complaint.
``(D) Frivolous complaints.--If the Secretary of
Labor finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney's fee not exceeding $1,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed not later than 60
days after the date of the issuance of the final order
of the Secretary of Labor. The review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the order.
``(B) Limitation of collateral attack.--An order of
the Secretary of Labor with respect to which a review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--
``(A) Commencement of action.--Whenever a person
has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil
action in the United States district court for a
district in which the violation was found to occur to
enforce such order.
``(B) Remedies.--In actions brought under this
paragraph, the district courts shall have jurisdiction
to grant all appropriate relief, including, but not to
be limited to, injunctive relief and compensatory
damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person to whom the
order was issued to require compliance with the order.
``(B) Jurisdiction.--The United States district
courts shall have jurisdiction to enforce such order
without regard to the amount in controversy or the
citizenship of the parties.
``(C) Attorney fees.--The court, in issuing any
final order under this paragraph, may award costs of
litigation (including reasonable attorney's and expert
witness' fees) to any party whenever the court
determines that such award costs is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28.
``(d) Nonapplicability To Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a pipeline, contractor
or subcontractor who, acting without direction from the pipeline
contractor or subcontractor (or such person's agent), deliberately
causes a violation of any requirement relating to pipeline safety under
this chapter or any other law of the United States.
``(e) Contractor Defined.--In this section, the term `contractor'
means a company that performs safety-sensitive functions by contract
for a pipeline.''.
(b) Civil Penalty.--Section 60122(a) is amended by adding at the
end the following:
``(3) A person violating section 60130, or an order issued under
that section, is liable to the United States Government for a civil
penalty of not more than $1,000 for each such violation. The penalties
provided by paragraph (1) do not apply to a violation of section 60130
or an order issued thereunder.''.
(c) Conforming Amendment.--The table of sections at the beginning
of chapter 601, as amended by section 4(a), is further amended by
adding at the end the following:
``60130. Protection of employees providing pipeline safety
information.''.
SEC. 16. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
Within 90 days after receiving recommendations for improvements to
pipeline safety from an advisory committee appointed by the Governor of
any State, the Secretary of Transportation shall respond in writing to
the committee setting forth what action, if any, the Secretary will
take on those recommendations and the Secretary's reasons for acting or
not acting upon any of the recommendations.
SEC. 17. STUDY OF FINES AND PENALTIES IMPOSABLE BY THE DEPARTMENT OF
TRANSPORTATION.
(a) Requirement for Study.--The Inspector General of the Department
of Transportation shall conduct an analysis of the Department's
assessment of fines and penalties on gas transmission pipelines and
hazardous liquid pipelines, including the cost of corrective actions
required by the Department in lieu of fines.
(b) Report to Congress.--
(1) Requirement for report.--Not later than six months
after the date of the enactment of this Act, the Inspector
General shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the study.
(2) Content of report.--The report shall include the
Inspector General's findings and any recommendations for
actions by the Secretary or Congress that the Inspector General
considers necessary to ensure that the fines assessed are an
effective deterrent for reducing pipeline safety risks.
SEC. 18. STUDY OF PIPELINE RIGHTS-OF-WAY AND THE ENVIRONMENT.
(a) Authority.--The Secretary of Transportation is authorized to
conduct a study on how best to preserve environmental resources in
conjunction with maintaining pipeline rights-of-way.
(b) Required Consideration.--Any study conducted under this section
shall recognize pipeline operators' regulatory obligations to maintain
rights-of-way and to protect public safety.
SEC. 19. STUDY OF POPULATION ENCROACHMENT.
(a) Requirement for Study.--The Secretary of Transportation, in
consultation with the heads of appropriate Federal agencies and
representatives of appropriate State and local governments, shall
undertake a study of land use practices and zoning ordinances that
affect pipeline rights-of-way.
(b) Purpose.--The purpose of the study shall be to gather
information on land use practices and zoning ordinances--
(1) to determine effective practices to limit encroachment
on existing pipeline rights-of-way;
(2) to address and prevent the hazards and risks to the
public and the environment associated with encroachment on
pipeline rights-of-way; and
(3) to increase the awareness of the risks and hazards of
encroachment on pipeline rights-of-way.
(c) Considerations.--In conducting the study, the Secretary shall
consider, at a minimum, the following:
(1) The legal authority of Federal agencies and State and
local governments in controlling land use and the limitations
on such authority.
(2) The current practices of Federal agencies and State and
local governments in addressing land use issues involving a
pipeline easement.
(3) The most effective way to encourage Federal agencies
and State and local governments to monitor and reduce
encroachment upon pipeline rights-of-way.
(d) Report.--
(1) Issuance and publication.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall issue and publish a report identifying practices, laws,
and ordinances that are most successful in addressing issues of
encroachment on pipeline rights-of-way so as to more
effectively protect public safety and the environment.
(2) Distribution of report.--The Secretary shall provide a
copy of the report to appropriate Federal agencies and to
States for further distribution to appropriate local
authorities.
(e) Adoption of Appropriate Practices, Laws, and Ordinances.--The
Secretary shall encourage Federal agencies and State and local
governments to adopt and implement appropriate practices, laws, and
ordinances, as identified in the report, to address the risks and
hazards associated with encroachment upon pipeline rights-of-way.
(f) Repeal of Superseded Provision.--
(1) Repeal.--Section 60127 of title 49, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 601 of such title is amended by striking
the item relating to section 60127.
SEC. 20. REPEAL OF REQUIREMENT FOR CONSIDERATION OF COSTS AND BENEFITS
IN THE PRESCRIBING OF PIPELINE SAFETY STANDARDS.
Section 60102(b) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking subparagraphs (D) and (E); and
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (D) and (E), respectively; and
(2) by striking paragraphs (3) through (7).
<all>