[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4849 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4849

  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2000

Mr. Franks of New Jersey (for himself, Mr. Frelinghuysen, Mr. Pascrell, 
Mr. Metcalf, Ms. Dunn, Mr. Inslee, Mr. Dicks, 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 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; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety 
Improvement Act of 2000''.
    (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 for 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 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 recommendation 
implementation.

SEC. 3. NTSB SAFETY RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation, the Administrator 
of the Research and Special Program Administration, and the Director of 
the Office of Pipeline Safety shall fully comply with section 1135 of 
title 49, United States Code, to ensure timely responsiveness to 
National Transportation Safety Board recommendations about pipeline 
safety.
    (b) Public Availability.--The Secretary, Administrator, or 
Director, respectively, shall make a copy of each recommendation on 
pipeline safety and response, as described in section 1135(a) and (b) 
of title 49, United States Code, available to the public at reasonable 
cost.
    (c) Reports to Congress.--The Secretary, Administrator, or 
Director, respectively, shall submit to the Congress by January 1 of 
each year a report containing each recommendation on pipeline safety 
made by the Board during the prior year and a copy of the response to 
each such recommendation.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) Qualification Plan.--Each pipeline operator shall make 
available to the Secretary of Transportation, or, in the case of an 
intrastate pipeline facility operator, the appropriate State regulatory 
agency, a plan that is designed to enhance the qualifications of 
pipeline personnel and to reduce the likelihood of accidents and 
injuries. The plan shall be made available not more than 6 months after 
the date of enactment of this Act, and the operator shall revise or 
update the plan as appropriate.
    (b) Requirements.--The enhanced qualification plan shall include, 
at a minimum, criteria to demonstrate the ability of an individual to 
safely and properly perform tasks identified under section 60102 of 
title 49, United States Code. The plan shall also provide for training 
and periodic reexamination of pipeline personnel qualifications and 
provide for requalification as appropriate. The Secretary, or, in the 
case of an intrastate pipeline facility operator, the appropriate State 
regulatory agency, may review and certify the plans to determine if 
they are sufficient to provide a safe operating environment and shall 
periodically review the plans to ensure the continuation of a safe 
operation. The Secretary may establish minimum standards for pipeline 
personnel training and evaluation, which may include written 
examination, oral examination, work performance history review, 
observation during performance on the job, on the job training, 
simulations, or other forms of assessment.
    (c) Report to Congress.--
            (1) In general.--The Secretary shall submit a report to the 
        Congress evaluating the effectiveness of operator qualification 
        and training efforts, including--
                    (A) actions taken by inspectors;
                    (B) recommendations made by inspectors for changes 
                to operator qualification and training programs; and
                    (C) industry responses to those actions and 
                recommendations.
            (2) Criteria.--The Secretary may establish criteria for use 
        in evaluating and reporting on operator qualification and 
        training for purposes of this subsection.
            (3) Due date.--The Secretary shall submit the report 
        required by paragraph (1) to the Congress 3 years after the 
        date of enactment of this Act.

SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

    Section 60109 is amended by adding at the end the following:
    ``(c) Integrity Management.--
            ``(1) General requirement.--The Secretary shall promulgate 
        regulations requiring operators of hazardous liquid pipelines 
        and natural gas transmission pipelines to evaluate the risks to 
        the operator's pipeline facilities in areas identified pursuant 
        to subsection (a)(1), and to adopt and implement a program for 
        integrity management that reduces the risk of an incident in 
        those areas. The regulations shall be issued no later than one 
        year after the Secretary has issued standards pursuant to 
        subsections (a) and (b) of this section or by December 31, 
        2001, whichever is sooner.
            ``(2) Standards for program.--In promulgating regulations 
        under this subsection, the Secretary shall require an 
        operator's integrity management plan to be based on risk 
        analysis and each plan shall include, at a minimum--
                    ``(A) internal inspection or pressure testing, or 
                another equally protective methods, where these 
                techniques are not feasible, that periodically assesses 
                the integrity of the pipeline;
                    ``(B) clearly defined criteria for evaluating the 
                results of the inspection or testing done under 
                subparagraph (A) and procedures to ensure identified 
                problems are corrected in a timely manner;
                    ``(C) measures, as appropriate, that prevent and 
                mitigate unintended releases, such as leak detection, 
                integrity evaluation, restrictive flow devices, or 
                other measures; and
                    ``(D) a description of the operators' consultation 
                with State and local officials during development of 
                the integrity management plan and actions taken by the 
                operator to address safety concerns raised by such 
                officials.
            ``(3) Criteria for program standards.--In deciding how 
        frequently the integrity inspections or testing under paragraph 
        (2)(A) must be conducted, an operator shall take into account 
        the potential for new defects developing or previously 
        identified structural defects caused by construction or 
        installation, the operational characteristics of the pipeline, 
        and leak history. In addition, the Secretary may establish a 
        minimum testing requirement for operators of pipelines to 
        conduct internal inspections.
            ``(4) State role.--A State authority that has an agreement 
        in effect with the Secretary under section 60106 is authorized 
        to review and assess an operator's risk analyses and integrity 
        management plans required under this subsection for interstate 
        pipelines located in that State. The reviewing State authority 
        shall provide the Secretary with a written assessment of the 
        plans, make recommendations, as appropriate, to address safety 
        concerns not adequately addressed in the operator's plans, and 
        submit documentation explaining the State-proposed plan 
        revisions. The Secretary shall carefully consider the State's 
        proposals and work in consultation with the States and 
        operators to address safety concerns.
            ``(5) Monitoring implementation.--The Secretary shall 
        review the risk analysis and program for integrity management 
        required under this subsection and provide for continued 
        monitoring of such plans. Not later than 2 years after the 
        implementation of integrity management plans under this 
        subsection, the Secretary shall complete an assessment and 
        evaluation of the effects on safety and the environment of 
        extending all of the requirements mandated by the regulations 
        described in paragraph (1) to additional areas. The Secretary 
        shall submit the assessment and evaluation to Congress along 
        with any recommendations to improve and expand the utilization 
        of integrity management plans.''.

SEC. 6. ENFORCEMENT.

    (a) In General.--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 of Transportation may decide 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.'';
            (2) by striking ``is hazardous,'' in subsection (d) and 
        inserting ``is, or would be, hazardous'; and
            (3) by adding at the end thereof the following:
    ``(f) Shutdown Authority.--
            ``(1) In general.--If the Secretary, or, in the case of an 
        intrastate pipeline facility operator, the appropriate State 
        regulatory agency, determines that allowing the continued 
        operation of a hazardous liquid or natural gas pipeline creates 
        an imminent hazard (as defined in section 5102(5)), the 
        Secretary or the agency shall take such action as may be 
        necessary to prevent or restrict the operation of that system 
        for 30 days.
            ``(2) Subsequent extension after notice and hearing.--After 
        taking action under paragraph (1), the Secretary of 
        Transportation or the agency may extend the period that action 
        is in effect if the Secretary or the agency determines, after 
        notice and an opportunity for a hearing, that allowing the 
        operation of the pipeline to resume would create an imminent 
        hazard (as defined in section 5102).''.

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

    (a) Section 60116 is amended to read as follows:
``Sec. 60116. Public education, emergency preparedness, and community 
              right to know
    ``(a) Public Education Programs.--
            ``(1) Each owner or operator of a gas or hazardous liquid 
        pipeline facility shall carry out a continuing program to 
        educate the public on the use of a one-call notification system 
        prior to excavation and other damage prevention activities, the 
        possible hazards associated with unintended releases from the 
        pipeline facility, the physical indications that such a release 
        may have occurred, what steps should be taken for public safety 
in the event of a pipeline release, and how to report such an event.
            ``(2) Within 12 months after the date of enactment of the 
        Pipeline Safety Improvement Act of 2000, each owner or operator 
        of a gas or hazardous liquid pipeline facility shall review its 
        existing public education program for effectiveness and modify 
        the program as necessary. The completed program shall include 
        activities to advise affected municipalities, school districts, 
        businesses, and residents of pipeline facility locations. The 
        completed program shall be submitted to the Secretary of 
        Transportation or, in the case of an intrastate pipeline 
        facility operator, the appropriate State agency and shall be 
        periodically reviewed by the Secretary or, in the case of an 
        intrastate pipeline facility operator, the appropriate State 
        agency.
            ``(3) The Secretary may issue standards prescribing the 
        elements of an effective public education program. The 
        Secretary may also develop material for use in the program.
    ``(b) Emergency Preparedness.--
            ``(1) Operator liaison.--Within 12 months after the date of 
        enactment of the Pipeline Safety Improvement Act of 2000, an 
        operator of a gas transmission or hazardous liquid pipeline 
        facility shall initiate and maintain liaison with the State 
        emergency response commissions, and local emergency planning 
        committees in the areas of pipeline right-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.--An 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 in a standardized form for the 
        purpose of providing the information to the public, the 
        information described in section 60102(d), any program for 
        integrity management, and information about implementation of 
        that program. The information about the facility shall also 
        include, at a minimum--
                    ``(A) the business name, address, telephone number 
                of the operator, including a 24-hour emergency contact 
                number;
                    ``(B) a description of the facility including pipe 
                diameter, the product or products carried, and the 
                operating pressure;
                    ``(C) with respect to transmission pipeline 
                facilities, maps showing the location of the facility 
                and, when available, any high consequence areas which 
                the pipeline facility traverses or adjoins and abuts;
                    ``(D) a summary description of the integrity 
                measures the operator uses to assure safety and 
                protection for the environment; and
                    ``(E) a point of contact to respond to questions 
                from emergency response representative.
            ``(3) Smaller communities.--In a community without a local 
        emergency planning committee, the operator shall maintain 
        liaison with the local fire, police, and other emergency 
        response agencies.
            ``(4) Public access.--The Secretary shall prescribe 
        requirements for public access, as appropriate, to this 
        information, including a requirement that the information be 
        made available to the public by widely accessible computerized 
        database.
    ``(c) Community Right To Know.--Not later than 12 months after the 
date of enactment of the Pipeline Safety Improvement Act of 2000, and 
annually thereafter, the owner or operator of each gas transmission or 
hazardous liquid 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. The Secretary may provide technical assistance to the 
pipeline industry on developing public safety and public education 
program content and best practices for program delivery, and on 
evaluating the effectiveness of the programs. The Secretary may also 
provide technical assistance to State and local officials in applying 
practices developed in these programs to their activities to promote 
pipeline safety.
    ``(d) 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; and
                    ``(D) a description of any corrective action taken 
                in response to a safety-related condition reported 
                under subparagraph (A), (B), or (C); and
            ``(2) prescribe requirements for public access, as 
        appropriate, to integrity management program information 
        prepared under this chapter, including requirements that will 
        ensure data accessibility to the greatest extent feasible.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by striking the item relating to section 60116 and inserting 
the following:

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

SEC. 8. PENALTIES.

    (a) Civil Penalties.--Section 60122 is amended--
            (1) by striking ``$25,000'' in subsection (a)(1) and 
        inserting ``$500,000'';
            (2) by striking ``$500,000'' in subsection (a)(1) and 
        inserting ``$1,000,000'';
            (3) by adding at the end of subsection (a)(1) the 
        following: ``The preceding sentence does not apply to judicial 
        enforcement action under section 60120 or 60121.''; and
            (4) 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 adverse impact on the environment;
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior violations, the 
                ability to pay, 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) by striking ``knowingly and willfully'';
            (2) by inserting ``knowingly and willfully'' before 
        ``engages'' in paragraph (1); and
            (3) striking paragraph (2)(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 this chapter, including section 
60112 of this chapter, or a regulation prescribed or 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 prescribed for the 
Secretary in an administrative case under section 60122.''.

SEC. 9. STATE OVERSIGHT ROLE.

    (a) State Agreements With Certification.--Section 60106 is 
amended--
            (1) by striking ``General Authority.--'' in subsection (a) 
        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.--If the Secretary accepts a certification 
        under section 60105 of this title and makes the determination 
        required under this subsection, the Secretary may make an 
        agreement with a State authority authorizing it to participate 
        in the oversight of interstate pipeline transportation. Each 
        such agreement shall include a plan for the State authority to 
        participate in special investigations involving incidents or 
        new construction and allow the State authority to participate 
        in other activities overseeing interstate pipeline 
        transportation or to assume additional inspection or 
        investigatory duties.
            ``(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.
            ``(3) Existing agreements.--Except as provided in 
        subsection (e), an agreement between the Secretary and a State 
        authority that is in effect on the date of enactment of the 
        Pipeline Safety Improvement Act of 2000 shall remain in effect 
        until the Secretary determines that the State meets the 
        requirements for a determination under paragraph (2).''.
    (b) Ending Agreements.--Subsection (e) of section 60106, as 
redesignated by subsection (a), is amended to read as follows:
    ``(e) Ending Agreements.--
            ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) implementation of such agreement has resulted 
                in a gap 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 is not promoting pipeline safety.
            ``(3) Procedural requirements.--The Secretary shall give 
        the notice and an opportunity for a hearing to a State 
        authority before ending an agreement under this section. The 
        Secretary may provide a State an opportunity to correct any 
        deficiencies before ending an agreement. The finding and 
        decision to end the agreement shall be published in the Federal 
        Register and may not become effective for at least 15 days 
        after the date of publication unless the Secretary finds that 
        continuation of an agreement poses an imminent hazard.''.
    (c) Continuation of Interstate Agent Agreement Authority.--
            (1) In general.--If an agreement was in effect in 1999 
        between the Secretary of Transportation or one of its agencies 
        and a State to permit that State to oversee interstate pipeline 
        transportation, the Secretary shall continue to permit that 
        State to carry out activities under the agreement, including 
        inspection responsibilities and other actions to ensure 
        compliance with Federal pipeline safety regulations.
            (2) Termination.--Notwithstanding paragraph (1), the 
        Secretary may terminate an agreement described in that 
        paragraph if--
                    (A) the State wishes to withdraw from the 
                agreement;
                    (B) implementation of the agreement has resulted in 
                gaps in the oversight responsibilities of intrastate 
                pipeline transportation by the State; or
                    (C) the State's oversight actions under the 
                agreement have had an adverse impact on pipeline safety 
                or impeded interstate commerce.
            (3) Procedural requirements for termination.--Before 
        terminating an agreement described in paragraph (1), the 
        Secretary shall give notice and an opportunity for a hearing to 
        the State, and provide an opportunity for the State to correct 
        any deficiencies. The Secretary shall publish the decision to 
        terminate such an agreement and the reasons therefore in the 
        Federal Register not less than 15 days before the termination 
        is effective, unless the Secretary finds that continuation of 
        an agreement poses an imminent hazard.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    (a) In General.--Within 12 months after the date of enactment of 
this Act, the Secretary of Transportation shall develop and implement a 
comprehensive plan for the collection and use of gas and hazardous 
liquid pipeline data to revise the causal categories on the incident 
report forms to eliminate overlapping and confusing categories and 
include subcategories. The plan shall include components to provide the 
capability to perform sound incident trend analysis and evaluations of 
pipeline operator performance using normalized accident data.
    (b) Report of Releases Exceeding 5 Gallons.--Section 60117(b) is 
amended--
            (1) by inserting ``(1)'' before ``To'';
            (2) redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B);
            (3) inserting before the last sentence the following:
    ``(2) A person owning or operating a hazardous liquid pipeline 
facility shall report to the Secretary each release to the environment 
greater than five gallons of the hazardous liquid or carbon dioxide 
transported. This section applies to releases from pipeline facilities 
regulated under this chapter. A report must include the location of the 
release, fatalities and personal injuries, type of product, amount of 
product release, cause or causes of the release, extent of damage to 
property and the environment, and the response undertaken to clean up 
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) of this section 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.''; and
    (4) inserting ``(4)'' before ``The Secretary''.
    (c) Penalty Authorities.--(1) Section 60122(a) is amended by 
striking ``60114(c)'' and substituting ``60117(b)(3)''.
    (2) Section 60123(a) is amended by striking ``60114(c)'' and 
substituting ``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 Bureau 
of Transportation Statistics, in cooperation with the Research and 
Special Programs Administration, and shall make such information 
available for use by State and local planning and emergency response 
authorities and the public.''.

SEC. 11. INNOVATIVE TECHNOLOGY DEVELOPMENT.

    (a) In General.--As part of the Department of Transportation's 
research and development program, the Secretary of Transportation shall 
direct research attention to the development of alternative 
technologies--
            (1) to expand the capabilities of internal inspection 
        devices to identify and accurately measure defects and 
        anomalies;
            (2) to inspect pipelines that cannot accommodate internal 
        inspection devices available on the date of enactment;
            (3) to develop innovative techniques measuring the 
        structural integrity of pipelines;
            (4) to improve the capability, reliability, and 
        practicality of external leak detection devices; and
            (5) to develop and improve alternative technologies to 
        identify and monitor outside force damage to pipelines.
    (b) Cooperative.--The Secretary may participate in additional 
technological development through cooperative agreements with trade 
associations, academic institutions, or other qualified organizations.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquids.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter and 
other pipeline-related damage prevention activities of this title 
(except for section 60107), there are authorized to be appropriated to 
the Department of Transportation--
            ``(1) $26,000,000 for fiscal year 2001, of which 
        $20,000,000 is to be derived from user fees for fiscal year 
        2001 collected under section 60301 of this title; and
            ``(2) $30,000,000 for each of the fiscal years 2002 and 
        2003 of which $23,000,000 is to be derived from user fees for 
        fiscal year 2002 and fiscal year 2003 collected under section 
        60301 of this title.''.
    (b) Grants to States.--Section 60125(c) is amended to read as 
follows:
    ``(c) State Grants.--Not more than the following amounts may be 
appropriated to the Secretary to carry out section 60107--
            ``(1) $17,000,000 for fiscal year 2001, of which 
        $15,000,000 is to be derived from user fees for fiscal year 
        2001 collected under section 60301 of this title; and
            ``(2) $20,000,000 for each of the fiscal years 2002 and 
        2003 of which $18,000,000 is to be derived from user fees for 
        fiscal year 2002 and fiscal year 2003 collected under section 
        60301 of this title.''.
    (c) Oil Spills.--Section 60125 is amended by redesignating 
subsections (d), (e), and (f) as subsections (e), (f), (g) and 
inserting after subsection (c) the following:
    ``(d) Oil Spill Liability Trust Fund.--Of the amounts available in 
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to 
carry out programs authorized in this Act for fiscal year 2001, fiscal 
year 2002, and fiscal year 2003.''.
    (d) Damage Prevention Activities.--Section 60125 is further amended 
by adding at the end the following new subsection:
    ``(h) Damage Prevention Activities.--Out of amounts authorized 
under subsection (a), there are authorized to be appropriated to the 
Department of Transportation $500,000 for fiscal year 2001, to remain 
available for expenditure until the end of fiscal year 2002, to support 
damage prevention activities, including public education and awareness, 
arising out of the best practices study conducted under section 6105 of 
this title.''.

SEC. 13. OPERATOR ASSISTANCE IN INVESTIGATIONS.

    (a) In General.--If the Department of Transportation or the 
National Transportation Safety Board investigate an accident, the 
operator involved shall make available to the representative of the 
Department or the Board all records and information that in any way 
pertain to the accident (including integrity management plans and test 
results), and shall afford all reasonable assistance in the 
investigation of the accident.
    (b) Hazardous Facility Designation.--A facility operated by an 
operator that fails to take prompt action to relieve, reassign, or 
place on leave (with or without compensation) any employee whose duties 
affect public safety and whose performance of those duties is a subject 
of such an accident investigation until the conclusion of the 
investigation is deemed to be hazardous under section 60112. The 
Secretary shall take action under section 60112(d) against that 
facility.

SEC. 14. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60129. Protection of employees providing pipeline safety 
              information
    ``(a) Discrimination Against Pipeline Employees.--No pipeline 
operator or contractor or subcontractor of a pipeline 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 order, 
        regulation, or standard of the Research and Special Programs 
        Administration or any other provision of Federal law relating 
        to pipeline safety under this chapter or any other law of the 
        United States;
            ``(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 violation or alleged violation of 
        any order, regulation, or standard of the Administration or any 
        other provision of Federal law relating to pipeline safety 
        under this chapter or any other law of the United States;
            ``(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 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. Upon receipt of such a complaint, the Secretary of 
Labor shall notify, in writing, the person named in the complaint and 
the Administrator of the Research and Special Programs Administration 
of the filing of the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting the complaint, and 
of the opportunities that will be afforded to such person under 
paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--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 and an 
                opportunity to meet with a representative of the 
                Secretary to present statements from witnesses, the 
                Secretary of Labor shall conduct an investigation and 
                determine whether there is reasonable cause to believe 
                that the complaint has merit and notify in writing the 
                complainant and the person alleged to have committed a 
                violation of subsection (a) of the Secretary's 
                findings. 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). 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. Such hearings shall be conducted 
                expeditiously. If a hearing is not requested in such 
                30-day period, the preliminary order shall be deemed a 
                final order that is not subject to judicial review.
                    ``(B) Requirements.--
                            ``(i) Required 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) 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) Criteria for determination by 
                        secretary.--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) Prohibition.--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 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph 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 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    If such an order is issued under this paragraph, 
                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 the complaint upon which 
                the order was issued.
                    ``(C) 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 issuance of the final order of 
                the Secretary of Labor. Review shall conform to chapter 
                7 of title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which 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.--Whenever 
        any 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 the district in which 
        the violation was found to occur to enforce such order. 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 such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines 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, United States Code.
    ``(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) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by adding at the end the following:

``60129. Protection of employees providing pipeline safety 
                            information.''.

SEC. 15. PIPELINE SAFETY ADVISORY COUNCIL PILOT PROGRAM.

    (a) Pilot Program.--Within 120 days after the date of enactment of 
this Act, the Secretary of Transportation shall create a Pipeline 
Safety Advisory Council pilot program. Under the pilot program, the 
Secretary shall establish one or more Pipeline Safety Advisory Councils 
to provide advice and recommendations to the Secretary on a range of 
hazardous liquid or natural gas transmission pipeline safety issues 
affecting pipelines operated in the State in which the Council is 
established.
    (b) Establishment and Composition.--A Council shall be comprised of 
11 members, appointed by the Secretary as follows:
            (1) All members shall be residents of the State in which 
        the pipelines are located the safety of which that Council is 
        to review and monitor.
            (2) The membership shall include representatives of--
                    (A) the general public (who are not representatives 
                of any other category under this paragraph);
                    (B) pipeline right-of-way property owners (who are 
                not representatives of any other category under this 
                paragraph);
                    (C) local governments;
                    (D) emergency responders;
                    (E) environmental organizations; and
                    (F) State officials with jurisdiction over pipeline 
                safety.
    (c) Functions.--Each Advisory Council shall provide advice to the 
Secretary on pipeline safety regulations and other matters relating to 
activities and functions of the Department of Transportation's Office 
of Pipeline Safety. Each meeting shall be open to the public and the 
Council shall maintain minutes of each meeting. Any recommendations 
made by a Council shall be available upon request to other interested 
parties. In carrying out its advisory duties, each Council shall--
            (1) provide advice and recommendations on policies, 
        permits, and regulations relating to the operation and 
        maintenance of pipeline facilities which affect the State to 
        the Secretary and the Governor of the State;
            (2) review and comment on proposals for new pipeline 
        facilities in the State, including issues of public safety and 
        environmental impact;
            (3) submit advice to the Secretary on permits and standards 
        that would affect the environment and safety of a pipeline 
        operating in that State;
            (4) submit recommendations to the Secretary and appropriate 
        authorities of the State on standards to improve pipeline 
        safety, accidental release responses, emergency preparedness, 
        and efforts to help the public live safely with pipelines; and
            (5) provide an annual report to the Secretary on its 
        activities and the steps taken in the State to address its 
        advice and safety recommendations.
    (d) Funding.--
            (1) Funding request by council.--Each Council shall submit 
        an application for a funding request to the Secretary, at such 
        time, in such form, and containing such information as the 
        Secretary may require, outlining the Council's budget.
            (2) Secretary to approve budget and provide funds.--After 
        receiving a request under paragraph (1) from a Council, the 
        Secretary shall determine the level of Council funding and 
        may--
                    (A) utilize funds obtained from fines and penalties 
                to finance the Council; or
                    (B) make appropriated funds available to the 
                Council.
    (e) Pilot Program Assessment.--A Council established under this 
section shall submit an annual report to the Secretary. The annual 
report shall list all activities undertaken by the Council to improve 
the safety of pipelines located within its State and what action taken 
was by the State and Department of Transportation to address pipeline 
operation safety as a result of the Council's activities. Based on the 
submitted annual reports, and any other material a Council may submit, 
the Secretary shall determine the need for continuing and, if 
appropriate, expanding the pilot program. The Secretary shall report 
that determination, together with any recommendations concerning the 
program, to the House of Representatives Committee on Transportation 
and Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation by December 31, 2004.

SEC. 16. FINES AND PENALTIES.

    The Inspector General of the Department of Transportation shall 
conduct an analysis of the Department's assessment of fines and 
penalties on gas transmission and hazardous liquid pipelines, including 
the cost of corrective actions required by the Department in lieu of 
fines, and, no later than 6 months after the date of enactment of this 
Act, shall provide a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Transportation 
and Infrastructure on any findings and recommendations for actions by 
the Secretary or Congress to ensure the fines assessed are an effective 
deterrent for reducing safety risks.

SEC. 17. STUDY OF RIGHTS-OF-WAY.

    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. The study shall recognize pipeline 
operators' regulatory obligations to maintain rights-of-way and to 
protect public safety.
                                 <all>