[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2438 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2438

_______________________________________________________________________

                                 AN ACT


 
  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 
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 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 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 sections 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 section, 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) periodic assessment of the integrity of the 
                pipeline through methods including internal inspection, 
                pressure testing, direct assessment, or other effective 
                methods;
                    ``(B) clearly defined criteria for evaluating the 
                results of the periodic assessment methods carried out 
                under subparagraph (A) and procedures to ensure 
                identified problems are corrected in a timely manner; 
                and
                    ``(C) measures, as appropriate, that prevent and 
                mitigate unintended releases, such as leak detection, 
                integrity evaluation, restrictive flow devices, or 
                other measures.
            ``(3) Criteria for program standards.--In deciding how 
        frequently the integrity assessment methods carried out 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 section 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 of 
        Transportation shall review the risk analysis and program for 
        integrity management required under this section and provide 
        for continued monitoring of such plans. Not later than 2 years 
        after the implementation of integrity management plans under 
        this section, 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.
            ``(6) Opportunity for local input on integrity 
        management.--Within 18 months after the date of enactment of 
        the Pipeline Safety Improvement Act of 2000, the Secretary 
        shall, by regulation, establish a process for raising and 
        addressing local safety concerns about pipeline integrity and 
        the operator's pipeline integrity plan. The process shall 
        include--
                    ``(A) a requirement that an operator of a hazardous 
                liquid or natural gas transmission pipeline facility 
                provide information about the risk analysis and 
                integrity management plan required under this section 
                to local officials in a State in which the facility is 
                located;
                    ``(B) a description of the local officials 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 provided;
                    ``(C) the means for receiving input from the local 
                officials that 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 of a pipeline 
                facility 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; and
                    ``(E) the manner in which the Secretary will notify 
                the local officials about how their concerns are being 
                addressed.''.

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.''; and
            (2) by striking ``is hazardous,'' in subsection (d) and 
        inserting ``is, or would be, hazardous,''.

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 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), the operator's 
        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) Safety Condition Reports.--Section 60102(h)(2) is amended by 
striking ``authorities.'' and inserting ``officials, including the 
local emergency responders.''.
    (c) 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, 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. Nothing in this section modifies 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.
            ``(3) Existing agreements.--If requested by the State 
        Authority, the Secretary shall authorize a State Authority 
        which had an interstate agreement in effect after January, 
        1999, to oversee interstate pipeline transportation pursuant to 
        the terms of that agreement until the Secretary determines that 
        the State meets the requirements of paragraph (2) and executes 
        a new agreement, or until December 31, 2001, whichever is 
        sooner. Nothing in this paragraph shall prevent the Secretary, 
        after affording the State notice, hearing, and an opportunity 
        to correct any alleged deficiencies, from terminating an 
        agreement that was in effect before enactment of the Pipeline 
        Safety Improvement Act of 2000 if--
                    ``(A) the State Authority fails to comply with the 
                terms of the agreement;
                    ``(B) implementation of the agreement has resulted 
                in a gap in the 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.''.
    (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 would not promote 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.''.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    (a) In General.--Within 12 months after the date of enactment of 
this Act, the Secretary 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) indenting the first word of the last sentence and 
        inserting ``(4)'' before ``The Secretary'' in that sentence.
    (c) Penalty Authorities.--(1) Section 60122(a) is amended by 
striking ``60114(c)'' and inserting ``60117(b)(3)''.
    (2) Section 60123(a) is amended 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 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. RESEARCH AND DEVELOPMENT.

    (a) Innovative Technology Development.--
            (1) 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--
                    (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 
                enactment;
                    (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.--The Secretary may participate in 
        additional technological development through cooperative 
        agreements with trade associations, academic institutions, or 
        other qualified organizations.
    (b) Pipeline Safety and Reliability Research and Development.--
            (1) In General.--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. This 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 existing on the date of 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) Areas.--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 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, non-corrosive 
                pipeline materials;
                    (J) assessing the remaining strength of existing 
                pipes;
                    (K) risk and reliability analysis models, to be 
                used to identify safety improvements that could be 
                realized in the near term resulting from analysis of 
                data obtained from a pipeline performance tracking 
                initiative;
                    (L) identification, monitoring, and prevention of 
                outside force damage, including satellite surveillance; 
                and
                    (M) any other areas necessary to 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 and confirmed by 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 and confirmed by the Senate.
                    (B) Duties.--
                            (i) 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 paragraphs (5) and (6).
                            (ii) The points of contact shall jointly 
                        assist in arranging cooperative agreements for 
                        research, development and demonstration 
                        involving their respective Departments, 
                        national laboratories, universities, and 
                        industry research organizations.
            (5) Research and development program plan.--Within 240 days 
        after the date of enactment of this Act, the Secretary of 
        Transportation, in coordination with the Secretary of Energy 
        and the Pipeline Integrity Technical Advisory Committee, shall 
        prepare and submit to the Congress a 5-year program plan to 
        guide activities under this subsection. In preparing the 
        program plan, the Secretary shall consult with appropriate 
        representatives of the natural gas, crude oil, and petroleum 
        product pipeline industries to select and prioritize 
        appropriate project proposals. The Secretary may also seek the 
        advice of utilities, manufacturers, institutions of higher 
        learning, Federal agencies, the pipeline research institutions, 
        national laboratories, State pipeline safety officials, 
        environmental organizations, pipeline safety advocates, and 
        professional and technical societies.
            (6) Implementation.--The Secretary of Transportation shall 
        have primary responsibility for ensuring the 5-year plan 
        provided for in paragraph (5) is implemented as intended. In 
        carrying out the research, development, and demonstration 
        activities under this paragraph, 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.
            (7) Reports to congress.--The Secretary of Transportation 
        shall report to the Congress annually as to the status and 
        results to date of the implementation of the research and 
        development program plan. The report shall include the 
        activities of the Departments of Transportation and 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 
necessary qualifications to provide technical contributions to the 
purposes of the Advisory Committee.

SEC. 13. 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 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.--Sections 60525 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) Pipeline Integrity Program.--(1) There are authorized to be 
appropriated to the Secretary of Transportation for carrying out 
sections 11(b) and 12 of this Act $3,000,000, to be derived from user 
fees under section 60125 of title 49, United States Code, for each of 
the fiscal years 2001 through 2005.
    (2) 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), $3,000,000 shall be transferred to the Secretary of 
Transportation to carry out programs for detection, prevention and 
mitigation of oil spills under sections 11(b) and 12 of this Act for 
each of the fiscal years 2001 through 2005.
    (3) There are authorized to be appropriated to the Secretary of 
Energy for carrying out sections 11(b) and 12 of this Act such sums as 
may be necessary for each of the fiscal years 2001 through 2005.

SEC. 14. 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) Corrective Action Orders.--Section 60112(d) is amended--
            (1) by inserting ``(1)'' after ``Corrective Action 
        Orders.--''; and
            (2) by adding at the end the following:
    ``(2) If, in the case of a corrective action order issued following 
an accident, the Secretary determines that the actions of an employee 
carrying out an activity regulated under this chapter, including duties 
under section 60102(a), may have contributed substantially to the cause 
of the accident, the Secretary shall direct the operator to relieve the 
employee from performing those activities, reassign the employee, or 
place the employee on leave until--
            ``(A) the Secretary determines that the employee's 
        performance of duty in carrying out the activity did not 
        contribute substantially to the cause of the accident; or
            ``(B) the Secretary determines the employee has been re-
        qualified or re-trained as provided for in section 4 of the 
        Pipeline Safety Improvement Act of 2000 and can safely perform 
        those activities.
    ``(3) Disciplinary action taken by an operator under paragraph (2) 
shall be in accordance with the terms and conditions of any applicable 
collective bargaining agreement to the extent it is not inconsistent 
with the requirements of this section.''.

SEC. 15. 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) Civil Penalty.--Section 60122(a) is amended by adding at the 
end the following:
    ``(3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of not more 
than $1,000 for each violation. The penalties provided by paragraph (1) 
do not apply to a violation of section 60129 or an order issued 
thereunder.''.
    (c) 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. 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. 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. 18. 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.

            Passed the Senate September 7, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2438

_______________________________________________________________________

                                 AN ACT

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

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