[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 144 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 144

To amend title 49, United States Code, to require periodic inspections 
  of pipelines and improve the safety of our Nation's pipeline system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

   Mr. Oberstar (for himself, Mr. Dingell, Mr. Inslee, Mr. Larsen of 
  Washington, Mr. Kennedy of Rhode Island, Mr. Lewis of Georgia, Mr. 
  McDermott, Mr. Pallone, Mr. Pascrell, Mr. Smith of Washington, Mr. 
 Tierney, and Mr. Udall of New Mexico) introduced the following bill; 
       which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to require periodic inspections 
  of pipelines and improve the safety of our Nation's pipeline system.

    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 
Act of 2001''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Table of Contents.--

Sec. 1. Short title; amendment of title 49, United States Code; table 
                            of contents.
Sec. 2. State oversight role.
Sec. 3. Additional pipeline protections.
Sec. 4. Enforcement.
Sec. 5. Community right-to-know and emergency preparedness.
Sec. 6. Support for innovative technology development.
Sec. 7. Qualification of pipeline personnel.
Sec. 8. Population encroachment.
Sec. 9. Damage prevention.
Sec. 10. Improved data and data availability.
Sec. 11. Technical amendments.
Sec. 12. Pipeline facilities oversight and monitoring.
Sec. 13. Authorization of appropriations.

SEC. 2. STATE OVERSIGHT ROLE.

    (a) State Agreements With Certification.--Section 60106 is 
amended--
            (1) in the heading for subsection (a) by striking ``General 
        Authority'' and inserting ``Agreements Without Certification'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; 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 from a State authority and makes the 
        determination required under paragraph (2), the Secretary may 
        make an agreement with the State authority to develop a plan by 
        which the State authority has a role in the oversight of 
        interstate pipelines--
                    ``(A) by participating in special investigations 
                involving interstate pipeline incidents within the 
                boundaries of the State;
                    ``(B) by participating in oversight of new 
                construction of interstate pipelines within such 
                boundaries;
                    ``(C) by participating as an interstate agent by 
                carrying out inspection responsibilities for interstate 
                pipelines within such boundaries to ensure compliance 
                with Federal pipeline safety standards;
                    ``(D) by providing written comments and 
                recommendations on interstate pipeline risk analysis 
                and integrity management programs for interstate 
                pipelines within such boundaries pursuant to section 
                60109(c)(6); and
                    ``(E) by participating in any other activities 
                relating to pipeline safety permissible under this 
                chapter on the day before the date of enactment of this 
                subparagraph.
            ``(2) Determinations required.--The Secretary may not enter 
        into an agreement under this subsection, unless the Secretary 
        determines that--
                    ``(A) the agreement is consistent with the 
                Secretary's program for inspection and with the safety 
                policies and provisions of this chapter;
                    ``(B) the 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 enhance the safety of 
                communities from the risks of 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 adversely affect interstate commerce or 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 this 
        paragraph 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)(2) of this section) is amended to read 
as follows:
    ``(e) Ending Agreements.--
            ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section if the Secretary finds that the 
        State authority has not complied with a provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--Subject to 
        paragraph (3), the Secretary shall end an agreement for the 
        oversight of interstate pipeline transportation if the 
        Secretary finds that--
                    ``(A) implementation of the agreement has adversely 
                affected the oversight responsibilities of intrastate 
                pipeline transportation by the State authority;
                    ``(B) the State actions under the agreement have 
                failed to meet the requirements of subsection (b); or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation is not enhancing pipeline safety.
            ``(3) Procedural requirements.--
                    ``(A) Notice and opportunity for hearing.--The 
                Secretary shall provide a State authority with notice 
                and an opportunity for a hearing before ending an 
                agreement with the State authority under this section.
                    ``(B) Publication of finding and decision in 
                federal register.--A finding and decision of the 
                Secretary to end an agreement with a State authority 
                under this section shall be published in the Federal 
                Register and may not become effective for at least 15 
                days after the date of such publication unless the 
                Secretary finds that continuation of the agreement 
                poses an imminent hazard to human health or the 
                environment.''.

SEC. 3. ADDITIONAL PIPELINE PROTECTIONS.

    (a) Risk Analysis and Integrity Management Programs.--Section 60109 
is amended by adding at the end the following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Standards.--
                    ``(A) General rule.--Not later than 1 year after 
                the date on which the Secretary prescribes standards 
                under subsection (a)(1), each operator of a gas 
                transmission or hazardous liquid pipeline facility 
                shall conduct an analysis of the risks to each facility 
                of the operator in an area identified pursuant to 
                subsection (a)(1) and shall adopt and implement a 
                written integrity management program for such facility 
                to reduce the risks.
                    ``(B) Interim coverage for gas pipeline 
                facilities.--If the Secretary has not prescribed 
                standards under subsection (a)(1)(A) for gas 
                transmission facilities by May 1, 2002, the 
                requirements of this subsection requiring operators of 
                gas transmission facilities to adopt and implement 
                integrity management programs shall apply, on an 
                interim basis, to all gas transmission facilities that 
                affect populated areas identified by the Secretary as 
                high consequence areas for hazardous liquid pipeline 
                facilities until such standards for gas transmission 
                facilities are prescribed. An operator of a gas 
                transmission facility covered by this subparagraph may 
                petition the Secretary to waive the application of this 
                paragraph to a gas transmission facility under section 
                60118(c).
            ``(2) Elements of integrity management programs.--An 
        integrity management program adopted by an operator of a 
        facility in an area identified pursuant to subsection (a)(1) 
        shall include, at a minimum, the following elements:
                    ``(A) Subject to paragraph (3), periodic inspection 
                of the facility, at intervals of not less than once 
                every 5 years, by internal inspection device, pressure 
                testing, direct assessment, or an alternative method 
                that the Secretary determines would provide an equal or 
                greater level of safety.
                    ``(B) Clearly defined criteria for evaluating the 
                results of inspections conducted under subparagraph (A) 
                and for taking actions based on such results.
                    ``(C) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility and the 
                consequences of releases from the facility.
                    ``(D) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by an evaluation conducted under subparagraph (B) or 
                the analysis conducted under subparagraph (C).
                    ``(E) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility. In the case of a release of a hazardous 
                liquid, such measures shall be consistent with the 
                National Contingency Plan published pursuant to section 
                311(d) of the Federal Water Pollution Control Act (33 
                U.S.C. 1321(d)), including leak detection, integrity 
                evaluation, emergency flow restricting devices, and 
                other prevention, detection, and mitigation measures 
                that are appropriate for protection of human health and 
                the environment.
                    ``(F) A method for considering the consequences of 
                a release of a hazardous liquid from the facility, as 
                appropriate.
                    ``(G) A method for monitoring cathodic protection 
                systems throughout the pipeline system of the operator.
                    ``(H) If the Secretary raises a safety concern 
                relating to the facility, a description of the actions 
                to be taken by the operator to address the safety 
                concern, including issues raised with the Secretary by 
                States and local authorities under an agreement entered 
                into under section 60106.
            ``(3) Inspection requirements.--
                    ``(A) Waivers and modifications.--In accordance 
                with section 60118(c), the Secretary may waive or 
                modify any requirement for inspection of a facility 
                under paragraph (2)(A) for reasons that may include the 
                need to maintain local product supply or the lack of 
                internal inspection devices if the Secretary determines 
                that such waiver is not inconsistent with pipeline 
                safety.
                    ``(B) Inspections by direct assessment.--The 
                Secretary shall prescribe standards for inspection of a 
                pipeline facility by direct assessment.
                    ``(C) Inspections by internal inspection devices.--
                After reviewing an integrity management plan, the 
                Secretary may require a pipeline facility that is 
                located in an area identified pursuant to subsection 
                (a)(1) and that can accommodate an internal inspection 
                device to be inspected by such a device under section 
                60108.
            ``(4) Criteria for integrity program standards.--
                    ``(A) Frequency of inspections.--
                            ``(i) Considerations.--In determining 
                        whether to require inspection of a facility at 
                        more frequent intervals than the minimum 
                        intervals required under paragraph (2)(A), an 
                        operator shall take into account, as 
                        appropriate, the following:
                                    ``(I) The potential for development 
                                of new defects in the facility.
                                    ``(II) The operational 
                                characteristics of the facility, 
                                including age, operating pressure, 
                                block valve location, corrosion 
                                history, spill history, and any known 
                                deficiencies in the method of pipeline 
                                construction or installation.
                                    ``(III) The possible growth of new 
                                and existing defects.
                            ``(ii) Outside force damage.--For purposes 
                        of clause (i)(I), in considering the potential 
                        for development of new defects in a pipeline 
                        facility from damage by an outside force, an 
                        operator shall consider information available 
                        about current or planned excavation activities 
                        and the effectiveness of damage prevention 
                        programs in the area.
                            ``(iii) Baseline integrity assessment.--Not 
                        later than 5 years after the date of enactment 
                        of this subsection, an operator of a pipeline 
                        facility that is required to implement an 
                        integrity management program under paragraph 
                        (1) shall complete a baseline integrity 
                        assessment of each of the operator's facilities 
                        in areas identified pursuant to subsection 
                        (a)(1).
                    ``(B) Minimum level of protection.--An operator of 
                a pipeline facility that is required to implement an 
                integrity management program under paragraph (1) 
                shall--
                            ``(i) adopt standards under this subsection 
                        that provide a minimum level of protection for 
                        the operator's facilities in areas identified 
                        pursuant to subsection (a)(1) that is at least 
                        equivalent to the applicable level of 
                        protection established by national consensus 
standards organizations; and
                            ``(ii) implement pressure testing and other 
                        integrity management techniques in a manner 
                        that minimizes environmental or safety risks, 
                        such as by use of water for pressure testing.
            ``(5) Additional standards.--
                    ``(A) In general.--The Secretary shall prescribe 
                standards to direct an operator's conduct of a risk 
                analysis and adoption and implementation of an 
                integrity management program under paragraph (1).
                    ``(B) Contents.--Standards prescribed under 
                subparagraph (A) shall address each of the following 
                factors:
                            ``(i) The type or frequency of inspections 
                        or testing of pipeline facilities, in addition 
                        to the minimum requirements of paragraph 
                        (2)(A).
                            ``(ii) The manner in which the inspections 
                        or testing are conducted.
                            ``(iii) The criteria used in analyzing 
                        results of the inspections or testing.
                            ``(iv) The types of information sources 
                        that must be integrated in assessing the 
                        integrity of a pipeline facility as well as the 
                        manner of integration.
                            ``(v) The nature and timing of actions 
                        selected to address the integrity of a pipeline 
                        facility.
                            ``(vi) Such other factors as the Secretary 
                        determines appropriate to ensure that the 
                        integrity of a pipeline facility is addressed 
                        and that appropriate mitigative measures are 
                        adopted to protect areas identified under 
                        subsection (a)(1).
                    ``(C) Systems to monitor pressure and detect leaks; 
                use of emergency flow restricting devices.--The 
                Secretary may also prescribe standards requiring an 
                operator of a pipeline facility to include in an 
                integrity management program under paragraph (1)--
                            ``(i) changes to valves or the 
                        establishment or modification of systems that 
                        monitor pressure and detect leaks based on the 
                        operator's risk analysis; and
                            ``(ii) the use of emergency flow 
                        restricting devices.
                    ``(D) Inaction by the secretary.--The 
                responsibility of an operator of a pipeline facility to 
                conduct a risk analysis or adopt or implement an 
                integrity management program under paragraph (1) shall 
                not be affected by any failure of the Secretary to 
                prescribe standards under this paragraph.
            ``(6) Review of integrity management programs.--
                    ``(A) Review of programs.--
                            ``(i) In general.--The Secretary shall 
                        review a risk analysis and integrity management 
                        program under paragraph (1) and record the 
                        results of that review for use in the next 
                        review of an operator's program.
                            ``(ii) Context of review.--The Secretary 
                        may conduct a review under clause (i) as an 
                        element of the Secretary's inspection of an 
                        operator.
                            ``(iii) Inadequate programs.--If the 
                        Secretary determines that a risk analysis or 
                        integrity management program is inadequate for 
                        the safe operation of a pipeline facility, the 
                        Secretary shall act under section 60108(a)(2) 
                        to require the operator to revise the risk 
                        analysis or integrity management program.
                    ``(B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an operator of 
                a pipeline facility shall notify the Secretary of any 
                amendment made to the operator's integrity management 
                program not later than 30 days after the date of 
                adoption of the amendment.
                    ``(C) Transmittal of programs to state 
                authorities.--The Secretary shall provide a copy of a 
                risk analysis and integrity management program reviewed 
                by the Secretary under this paragraph to any 
                appropriate State authority with which the Secretary 
                has entered into an agreement under section 60106.
            ``(7) State review of integrity management plans.--A State 
        authority that enters into an agreement pursuant to section 
        60106, permitting the State authority to review the risk 
        analysis and written program for integrity management pursuant 
        to paragraph (6), may provide the Secretary with a written 
assessment of the risk analysis and integrity management program, make 
recommendations, as appropriate, to address safety concerns not 
adequately addressed by the operator's risk analysis or integrity 
management program, and submit documentation explaining the State-
proposed revisions. The Secretary shall carefully consider the State's 
proposals and work in consultation with the States and operators to 
address safety concerns.
            ``(8) Application of standards.--Section 60104(b) shall not 
        apply to this section.''.
    (b) Integrity Management Regulations.--Section 60109 is further 
amended by adding at the end the following:
    ``(d) Integrity Management Regulations.--Not later than 3 years 
after the date of enactment of this subsection, the Secretary shall--
            ``(1) complete an assessment and evaluation of the effects 
        on public safety and the environment of the requirements for 
        the implementation of integrity management programs contained 
        in the standards prescribed under subsection (c)(5); and
            ``(2) make a determination as to the benefits to public 
        safety and the environment of extending such requirements to 
        additional areas.''.
    (d) Conforming Amendment.--Section 60118(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) conduct a risk analysis, and adopt and implement an 
        integrity management program, for pipeline facilities as 
        required under section 60109(c).''.

SEC. 4. ENFORCEMENT.

    (a) Pipeline Facilities Hazardous to Life and Property.--
            (1) General authority.--Section 60112(a) is amended to read 
        as follows:
    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may determine that a pipeline 
facility is hazardous if the Secretary determines 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) Corrective action orders.--Section 60112(d) is amended 
        by striking ``is hazardous'' and inserting ``is or would be 
        hazardous''.
    (b) Civil Penalties.--
            (1) General penalties.--Section 60122(a)(1) is amended--
                    (A) by striking ``$25,000'' and inserting 
                ``$100,000''; and
                    (B) by striking ``$500,000'' and inserting 
                ``$1,000,000''.
            (2) Civil penalties for discharges.--Section 60122(a) is 
        amended by adding at the end the following:
    ``(3) A person who is the owner, operator, or person in charge of a 
hazardous liquid pipeline facility from which a hazardous liquid is 
discharged may be liable to the Government for a civil penalty of not 
more than $25,000 per day of violation or not more than $1,000 per 
barrel of oil or other hazardous liquid discharged, except that a 
person may not be liable for a civil penalty under this subsection for 
a discharge if the person has been assessed a civil penalty under 
section 309 or 311(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1319; 1321(b)) for the discharge.''.
            (3) Penalty considerations.--Section 60122(b) is amended to 
        read as follows:
    ``(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, and any effect on ability to continue 
                doing business; and
                    ``(C) good faith in attempting to comply; and
            ``(2) the Secretary may consider--
                    ``(A) the economic benefit gained from the 
                violation without any reduction because of subsequent 
                damages; and
                    ``(B) other matters that justice requires.''.
    (c) Excavator Damage.--Section 60123(d) is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``knowingly and willfully'';
            (2) in paragraph (1) by inserting ``knowingly and 
        willfully'' before ``engages''; and
            (3) by striking paragraph (2)(B) and inserting the 
        following:
                    ``(B) a pipeline facility, knows or has reason to 
                know of the damage, and does not report the damage 
                promptly to the operator of the pipeline facility and 
                to other appropriate authorities; or''.
    (d) Civil Actions.--Section 60120(a) is amended--
            (1) by striking ``(a) Civil Actions.--(1)'' and all that 
        follows through ``(2) At the request'' and inserting the 
        following:
    ``(a) Civil Actions.--
            ``(1) Civil actions to enforce this chapter.--At 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, 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.
            ``(2) Civil actions to require compliance with subpenas or 
        allow for inspections.--At the request''; and
            (2) by aligning the remainder of the text of paragraph (2) 
        with the text of paragraph (1).

SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.

    (a) Community Right-To-Know.--
            (1) In general.--Section 60116 is amended to read as 
        follows:
``Sec. 60116. Community right-to-know
    ``(a) Public Education Programs.--
            ``(1) In general.--Each owner or operator of a gas 
        transmission or hazardous liquid pipeline facility shall carry 
        out a continuing program to educate the public on--
                    ``(A) the use of a one-call notification system 
                prior to excavation and other damage prevention 
                activities;
                    ``(B) the possible hazards associated with 
                unintended releases from the pipeline facility; and
                    ``(C) the physical indications that a pipeline 
                release may have occurred, the steps that should be 
                taken for public safety in the event of such a release, 
                and how to report such a release.
            ``(2) Review and modification of existing programs.--
                    ``(A) Owner or operator.--Not later than 1 year 
                after the date of enactment of this subsection, each 
                owner or operator of a gas transmission or hazardous 
                liquid pipeline facility shall--
                            ``(i) review its existing public education 
                        program for effectiveness and modify the 
                        program as necessary; and
                            ``(ii) submit to the Secretary of 
                        Transportation for review a detailed 
                        description of its public education program, 
                        including any modifications made to the program 
                        as a result of the review under clause (i).
                    ``(B) Secretary.--The Secretary shall review the 
                description of each public information program for a 
                facility submitted to the Secretary under subparagraph 
                (A)(ii) as an element of the Secretary's inspections of 
                the facility.
            ``(3) Standards.--The Secretary may issue standards 
        prescribing the details of public education programs under this 
        section, providing for periodic review of such programs, and 
        providing for the modification of such programs as needed. The 
        Secretary may also develop material for use in the programs.
    ``(b) Liaison With State and Local Emergency Response Entities.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, 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 within the boundaries of which it 
        operates.
            ``(2) Availability of information.--An operator of a gas 
        transmission or hazardous liquid pipeline facility shall make 
        available, when requested, to the State emergency response 
commissions and local emergency planning committees--
                    ``(A) the information described in section 
                60102(d);
                    ``(B) a copy of any integrity management program 
                adopted by the operator under section 60109; and
                    ``(C) information about implementation of the 
                integrity management program and about the risks that 
                the program is designed to address.
            ``(3) Communities without local emergency planning 
        committees.--In a community without a local emergency planning 
        committee, the operator of a gas transmission or hazardous 
        liquid pipeline facility shall maintain liaison with the local 
        fire, police, and other emergency response agencies.
            ``(4) Format of information.--An operator of a pipeline 
        facility making information available under this subsection 
        shall make the information available in a format integrated 
into a commercial off-the-shelf in-vehicle portable computer global 
positioning system navigation mapping software used in first responder 
vehicles equipped with portable computers and responding to pipeline 
spills.
    ``(c) Public Availability of Reports.--The Secretary shall make 
available to the public a safety-related condition report filed by an 
operator under section 60102(h) and a report of a pipeline incident 
filed by an operator under this chapter.
    ``(d) Access to Integrity Management Program Information.--The 
Secretary shall prescribe requirements for public access to integrity 
management program information prepared under this chapter.
    ``(e) Availability of Maps.--Not later than 1 year after the date 
of enactment of this subsection and annually thereafter, the owner or 
operator of each interstate gas pipeline facility and hazardous liquid 
pipeline facility shall provide to the governing body of each 
municipality within the boundaries of which the pipeline facility is 
located a map identifying the location of such facility.
    ``(f) Effectiveness of Public Safety and Public Education 
Programs.--
            ``(1) Survey and assessment.--The Secretary shall survey 
        and assess the public education programs under this section and 
        the public safety programs under section 60102(c) and determine 
        their effectiveness and applicability as components of a model 
        program. In particular, the survey shall include the methods by 
        which operators notify residents of the location of the 
        facility and its right-of-way, public information regarding 
        existing one-call notification programs, and appropriate 
        procedures to be followed by residents of affected 
        municipalities in the event of accidents involving interstate 
        gas pipeline facilities.
            ``(2) Standards for public safety programs.--In issuing 
        standards for public safety programs under section 60102(a) and 
        for public education programs under this section, the Secretary 
        shall consider the results of the survey and assessment under 
        paragraph (1).
            ``(3) Technical assistance.--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.
    ``(g) Pipeline Segment Reports.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, each owner or operator of a 
        gas transmission or hazardous liquid pipeline facility shall 
        submit to the Secretary a report on pipeline segments of the 
        facility in accordance with this subsection. After submitting 
        such report, each such owner or operator shall submit to the 
        Secretary an update of such report at least once each year.
            ``(2) Contents of reports.--A pipeline segment report of an 
        owner or operator of a facility shall include, at a minimum, 
        the following information for each pipeline segment of the 
        facility:
                    ``(A) The business name, address, and telephone 
                number of the owner or operator.
                    ``(B) A summary description of the pipeline system 
                containing the segment, including a general system map 
                and a description of any product the pipeline 
                transports, the length of the system, and origin and 
                termination points.
                    ``(C) State and local emergency response liaison 
                information.
                    ``(D) A description of periodic testing methods 
                used on the segment and the frequency of such testing.
                    ``(E) A summary of the results of periodic testing 
                of the segment, including any defects detected and 
actions taken to address the defects.
                    ``(F) A description of the leak detection system in 
                use on the segment and its sensitivity.
                    ``(G) A 5-year incident history for the segment.
                    ``(H) An inspection and enforcement history for the 
                segment.
                    ``(I) If applicable, a summary of integrity 
                management program actions related to the segment.
            ``(3) Authority of secretary.--The Secretary may modify or 
        waive any of the information required to be included in a 
        report under paragraph (2) if the Secretary determines that the 
        inclusion of such information would pose a risk to the security 
        of a pipeline system.
            ``(4) Availability of reports.--The Secretary shall make 
        each report prepared under this subsection available to the 
        public through the consolidated computer database of the 
        Secretary.
            ``(5) Pipeline segment defined.--In this subsection, the 
        term `pipeline segment' means--
                    ``(A) with respect to a gas transmission pipeline 
                facility, the length of pipeline between the origin and 
                the first compressor station, between intermittent 
                compressor stations, and between the final compressor 
                station and the termination point; and
                    ``(B) with respect to a hazardous liquid pipeline 
                facility, the length of pipeline between the origin and 
                the first pumping station, between intermittent pumping 
                stations, and between the final pumping station and the 
                termination point.''.
            (2) Conforming amendment.--Section 60102(c) is amended by 
        striking paragraph (4).
            (3) Amendment to chapter analysis.--The analysis for 
        chapter 601 is amended by striking the item relating to section 
        60116 and inserting the following:

``60116. Community right-to-know.''.
    (b) Safety Condition Reports.--The last sentence of section 
60102(h)(2) is amended to read as follows: ``Notice of the condition 
shall be given concurrently to appropriate State officials, including 
the local emergency responders, and appropriate on scene coordinators 
for the area contingency plan and sub-area contingency plan.''.
    (c) Effect on Tort Liability.--Section 60120(c) is amended by 
adding at the end the following: ``Nothing in section 60116 shall be 
considered to impose a new duty on State or local emergency responders 
or local emergency planning committees.''.

SEC. 6. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVELOPMENT.

    Section 60117 is amended by adding at the end the following:
    ``(l) Support for Innovative Technology Development.--
            ``(1) In general.--The Secretary shall participate in the 
        development of alternative technologies--
                    ``(A) in fiscal year 2001 and thereafter--
                            ``(i) to identify outside force damage to 
                        pipelines using internal inspection devices; 
                        and
                            ``(ii) to monitor outside force damage to 
                        pipelines; and
                    ``(B) in fiscal year 2002 and thereafter, to 
                inspect pipelines that cannot accommodate internal 
                inspection devices available on the date of enactment 
                of this subsection.
            ``(2) Cooperative agreements.--The Secretary may support 
        such technological development through cooperative agreements 
        with trade associations, academic institutions, or other 
        qualified organizations.''.

SEC. 7. QUALIFICATION OF PIPELINE PERSONNEL.

    (a) Qualification Programs.--
            (1) In general.--Chapter 601 is amended by adding at the 
        end the following:
``Sec. 60129. Qualification of pipeline personnel
    ``(a) Qualification Program.--Not later than April 26, 2001, each 
operator of a gas pipeline or hazardous liquid pipeline facility shall 
adopt and implement a written qualification program that ensures that 
all individuals performing covered tasks for the facility are qualified 
to perform such tasks.
    ``(b) Elements of Qualification Programs.--A qualification program 
adopted by an operator under subsection (a) shall include, at a 
minimum, the following elements:
            ``(1) A method for examining or testing the qualifications 
        of individuals performing covered tasks for the facility. Such 
        method may not be limited to observation of on-the-job 
        performance.
            ``(2) A requirement that the operator complete the 
        qualification of all individuals performing covered tasks for 
the facility not later than 18 months after the date of adoption of the 
program.
            ``(3) A periodic requalification component that provides 
        for examination or testing of individuals in accordance with 
        paragraph (1).
    ``(c) Review of Qualification Programs.--
            ``(1) Review of programs.--
                    ``(A) In general.--The Secretary or a State 
                authority responsible for enforcing standards 
                prescribed under this chapter shall review the 
                qualification program of an operator and record the 
                results of that review for use in the next review of an 
                operator's program.
                    ``(B) Context of review.--The Secretary or State 
                authority may conduct a review under subparagraph (A) 
                as an element of its inspection of an operator.
                    ``(C) Inadequate programs.--If the Secretary or a 
                State authority determines that a qualification program 
                is inadequate for the safe operation of a pipeline 
                facility, the Secretary or State authority shall act 
                under section 60108(a)(2) to require the operator to 
                revise the qualification program.
            ``(2) Amendments to programs.--In order to facilitate 
        reviews under this subsection, an operator shall notify the 
        Secretary or State authority, as appropriate, of any amendment 
        made to the operator's qualification program not later than 30 
        days after the date of adoption of the amendment.
            ``(3) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
    ``(d) Covered Task Defined.--In this section, the term `covered 
task'--
            ``(1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 195.501 of title 49, Code 
        of Federal Regulations, as in effect on the date of enactment 
        of this section; and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 192.801 of such 
        title, as in effect on the date of enactment of this 
        section.''.
            (2) Conforming amendment.--The analysis for chapter 601 is 
        amended by adding at the end the following:

``60129. Qualification of pipeline personnel.''.
    (b) Pilot Program for Certification of Certain Pipeline Workers.--
            (1) In general.--Not later than 36 months after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) develop tests and other requirements for 
                certifying the qualifications of individuals who 
                operate computer-based systems for controlling the 
                operations of pipelines; and
                    (B) establish and carry out a pilot program for 3 
                pipeline facilities under which the individuals 
                operating computer-based systems for controlling the 
                operations of pipelines at such facilities are required 
                to be certified under the process established under 
                subparagraph (A).
            (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the pilot program. The report shall 
        include--
                    (A) a description of the pilot program and 
                implementation of the pilot program at each of the 3 
                pipeline facilities;
                    (B) an evaluation of the pilot program, including 
                the effectiveness of the process for certifying 
                individuals who operate computer-based systems for 
                controlling the operations of pipelines;
                    (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate computer-based systems for controlling the 
                operations of pipelines; and
                    (D) an assessment of the ramifications of requiring 
                the certification of other individuals performing 
                safety-sensitive functions for a pipeline facility.

SEC. 8. POPULATION ENCROACHMENT.

    Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment
    ``(a) Study.--The Secretary of Transportation, in consultation with 
appropriate Federal agencies and State and local governments, shall 
undertake a study of land use practices and zoning ordinances with 
regard to pipeline rights-of-way.
    ``(b) Purpose of Study.--The purpose of the study shall be to 
gather information on land use practices and zoning ordinances--
            ``(1) to determine effective practices to limit 
        encroachment on existing pipeline rights-of-way;
            ``(2) to address and prevent the hazards and risks to the 
        public and the environment associated with encroachment on 
        pipeline rights-of-way; and
            ``(3) to raise the awareness of the risks and hazards of 
        encroachment on pipeline rights-of-way.
    ``(c) Considerations.--In conducting the study, the Secretary shall 
consider, at a minimum, the following:
            ``(1) The legal authority of Federal agencies and State and 
        local governments in controlling land use and the limitations 
        on such authority.
            ``(2) The current practices of Federal agencies and State 
        and local governments in addressing land use issues involving a 
        pipeline easement.
            ``(3) The most effective way to encourage Federal agencies 
        and State and local governments to monitor and reduce 
        encroachment upon pipeline rights-of-way.
    ``(d) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall publish a 
        report identifying practices, laws, and ordinances that are 
        most successful in addressing issues of encroachment on 
        pipeline rights-of-way so as to more effectively protect public 
        safety and the environment.
            ``(2) Distribution of report.--The Secretary shall provide 
        a copy of the report to appropriate Federal agencies and to 
        States for further distribution to appropriate local 
        authorities.
            ``(3) Adoption of practices, laws, and ordinances.--The 
        Secretary shall encourage Federal agencies and State and local 
        governments to adopt and implement appropriate practices, laws, 
        and ordinances, as identified in the report, to address the 
        risks and hazards associated with encroachment upon pipeline 
        rights-of-way.''.

SEC. 9. DAMAGE PREVENTION.

    (a) Development of Strategic Plan.--The Secretary of Transportation 
shall develop and implement a strategic plan to reduce the annual 
number of pipeline releases caused by outside force damage by 25 
percent within 4 years of the date of enactment of this Act.
    (b) Contents of Plan.--The strategic plan shall include, at a 
minimum, a description of the efforts of the Secretary--
            (1) to expand and improve public education activities to 
        inform excavators, facility operators, employees of State and 
        local highway departments, and the public about the importance 
        of preventing damage to pipelines and underground facilities 
        and the importance of pipeline rights-of-way;
            (2) to expand the Secretary's judicial and prosecutorial 
        education activities and campaigns to increase awareness of the 
        importance of preventing damage to pipelines and underground 
        facilities;
            (3) to advance technology to improve contact with one-call 
        notification systems and to help mark and locate pipelines and 
        associated facilities before any excavation activity begins;
            (4) to identify, validate, and promote technology transfer 
        of the best practices used to prevent damage to underground 
        facilities and to update the report entitled ``Common Ground''; 
        and
            (5) to develop means to implement recommendations specified 
        in ``Common Ground''.
    (c) Report to Congress.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report containing the strategic plan.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    Not later than 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 accident 
report forms and to eliminate overlapping and confusing categories and 
include subcategories. The plan shall include components to provide the 
capability to perform sound accident trend analysis and evaluations of 
pipeline operator performance using normalized accident data.

SEC. 11. TECHNICAL AMENDMENTS.

    Chapter 601 is amended--
            (1) in section 60102(a)--
                    (A) by striking ``(a)(1)'' and all that follows 
                through ``The Secretary of Transportation'' and 
                inserting the following:
    ``(a) Minimum Safety Standards.--
            ``(1) In general.--The Secretary of Transportation'';
                    (B) by moving the remainder of the text of 
                paragraph (1), including subparagraphs (A) and (B) but 
                excluding subparagraph (C), 2 ems to the right; and
                    (C) in paragraph (2) by inserting ``Qualifications 
                of pipeline operators.--'' before ``The 
                qualifications'';
            (2) in section 60110(b) by striking ``circumstances'' and 
        all that follows through ``operator'' and inserting the 
following: ``circumstances, if any, under which an operator'';
            (3) in section 60114 by redesignating subsection (d) as 
        subsection (c); and
            (4) in section 60122(a) by striking ``section 60114(c)'' 
        and inserting ``section 60114(b)''.

SEC. 12. PIPELINE FACILITIES OVERSIGHT AND MONITORING.

    (a) Advisory Function.--The function of a Regional Advisory Council 
under this section shall be advisory only.
    (b) Purpose.--Each Regional Advisory Council shall be responsible 
for safety and environmental monitoring of pipeline facilities that may 
impact the State in which the Regional Advisory Council does business.
    (c) Suits Barred.--No Regional Advisory Council established under 
this section may sue any person or public or private entity concerning 
any matter arising under this section except for the performance of 
contracts.
    (d) Establishment.--
            (1) State designation.--The Secretary of Transportation 
        shall designate not more than 3 States the Governor of each of 
        which may establish not more than 3 Regional Advisory Councils 
        in accordance with this section.
            (2) State selection criteria.--The Secretary shall 
        establish State selection criteria and make the designation of 
        States to participate in the pilot program. The criteria shall 
        include the following:
                    (A) The State experienced a major accident 
                involving a hazardous liquid or gas transmission 
                facility in the 5-year period ending on the date of 
                enactment of this Act.
                    (B) The Governor of the State requests the 
                designation.
                    (C) The legislative body of the State has passed 
                legislation indicating its desire to involve the State 
                in hazardous liquid or gas transmission facility 
                regulation or oversight, or both.
    (e) Membership.--Each Council shall be composed of voting members 
and nonvoting members, as follows:
            (1) Voting members.--There shall be 11 voting members who 
        shall be residents of the State wherein the Council will do 
        business with 1 representative appointed by the Governor of the 
        State participating in the pilot program to represent each of 
        the following interests, taking into consideration the need for 
        regional balance on the Council:
                    (A) Emergency responders.
                    (B) Fish and wildlife organizations the members of 
                which depend on fisheries and wildlife resources at 
                risk, directly or indirectly, from pipeline ruptures 
                and spills.
                    (C) Environmental organizations.
                    (D) At least 2 representatives selected by 1 or 
                more statewide associations of local governments.
                    (E) Pipeline right-of-way property owners.
                    (F) Native American tribes.
                    (G) The general public.
            (2) Nonvoting members.--One ex-officio, nonvoting 
        representative shall be designated by, and represent, each of 
        the following:
                    (A) The Environmental Protection Agency.
                    (B) Each agency of the participating State with 
                jurisdiction over intrastate pipeline safety and 
                environmental protection.
                    (C) The fire marshal or other official of the 
                participating State with similar duties if there is no 
                State fire marshal.
                    (D) The agency of the participating State with 
                jurisdiction over pipeline spill response.
                    (E) The pipeline industry.
    (f) Terms.--
            (1) Duration of councils.--The term of the Councils shall 
        continue throughout the life of the operation of the pipeline 
        facilities that each Council oversees.
            (2) 3 years.--The voting members of each Council shall 
        serve for a term of 3 years.
    (g) Self-Governing.--Each Council shall elect its own chairperson, 
select its own staff, and make policies with regard to its internal 
operating procedures.
    (h) Duties.--Each Council shall--
            (1) provide advice and recommendations to the Secretary and 
        the Governor of the State in which the Council does business on 
        policies, permits, and regulations relating to the operation 
        and maintenance of pipeline facilities which affect or may 
        affect that State's environment;
            (2) monitor the environmental impacts of the operation of 
        pipeline facilities;
            (3) review the adequacy of the risk analysis and integrity 
        program developed by each pipeline operator;
            (4) review the adequacy of pipeline spill prevention and 
        contingency plans for such pipeline facilities;
            (5) review and comment on proposals for new pipeline 
        facilities, including issues of public need, safety, and 
        environmental impact;
            (6) periodically review the respective pipeline spill 
        prevention and contingency plans, in light of new technological 
        developments and changed circumstances;
            (7) monitor developments in pipeline spill prevention, leak 
        detection, pipeline inspection, operator training, spill 
        containment, response, and cleanup technology; and
            (8) recommend to the Secretary, Governor, and, where 
        appropriate, the operator--
                    (A) standards and stipulations for permits intended 
                to minimize the impact of pipeline facilities which 
                could impact the State;
                    (B) modifications of pipeline facility operations 
                and maintenance intended to minimize the risk and 
                mitigate the impact of pipeline facility operations and 
                to minimize the risk of pipeline spills;
                    (C) modifications of operators' risk analysis and 
                integrity programs;
                    (D) modifications of the pipeline spill prevention 
                and contingency plans for pipeline facilities intended 
                to enhance the ability to prevent and respond to such a 
                spill; and
                    (E) amendments to statutes and regulations to 
                improve pipeline safety and spill response.
    (i) No Estoppel.--No Council shall be held liable under State or 
Federal law for costs or damages as a result of rendering advice under 
this section. Nor shall any advice given by a voting member of a 
Council, or program representative or agent, be grounds for estopping 
the interests represented by the voting Council members from seeking 
damages or other appropriate relief.
    (j) Agency Cooperation.--On and after establishment of a Council by 
the Governor under this section, each Federal department, agency, or 
other instrumentality shall consult, with respect to all permits, site-
specific regulations, and other matters governing the activities and 
actions of the pipeline facilities, with the appropriate Council before 
taking substantive action with respect to the permit, site-specific 
regulation, or other matter. This consultation shall be carried out 
with a view to enabling the appropriate Council to review the permit, 
site-specific regulation, or other matters and make appropriate 
recommendations regarding operations, policy, or agency actions. Prior 
consultation shall not be required if an authorized Federal agency 
representative reasonably believes that an emergency exists requiring 
action without delay.
    (k) Recommendations of the Council.--In the event that the 
Secretary, Governor, or operator does not adopt, or significantly 
modifies before adoption, any recommendation of the Council made 
pursuant to the authority granted to the Council in subsection (h)(8), 
the Secretary, Governor, or operator shall provide to the Council, in 
writing, within 5 days of its decision, notice of its decision and a 
written statement of reasons for its rejection or significant 
modification of the recommendation.
    (l) Funding.--
            (1) Per regional advisory council.--Subject to 
        appropriations, the Secretary shall provide to each Regional 
        Advisory Council established under this section from the Oil 
        Spill Liability Trust Fund such amount as is sufficient to fund 
        the Council's work, but not less than $750,000, for each year 
        of operation of the Council under this section. In determining 
        the amount to provide to the Council for its initial year of 
        operation, the Secretary shall consult the Governor of State in 
        which the Council does business and the Council. After the 
        Council's initial year of operation, such amount shall be based 
        on a budget and workplan developed by the Council and approved 
by the Governor.
            (2) Authorization.--There is authorized to be appropriated 
        from the Oil Spill Liability Trust Fund to the Secretary such 
        amount as may be necessary to carry out this section.
    (m) Reports.--Before the expiration of the 36-month period 
following the date of enactment of this Act, each Council established 
pursuant to this section shall report to the President and Congress 
concerning its activities under this section, together with its 
recommendations.
    (n) Savings Clause.--
            (1) Regulatory authority.--Nothing in this section shall be 
        construed as modifying, repealing, superseding, or preempting 
        any municipal, State, or Federal law or regulation, or in any 
        way affecting litigation arising from pipeline spills or the 
        rights and responsibilities of the United States or any State, 
        or municipalities thereof, to preserve and protect the 
        environment through regulation of land, air, and water uses, of 
        safety, and of related development.
            (2) Recommendations.--This subsection is not intended to 
        prevent a Council from recommending to appropriate authorities 
        that existing legal requirements should be modified or that new 
legal requirements should be adopted.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--
            ``(1) Authorization of appropriations.--To carry out this 
        chapter (except for sections 60107 and 60114(b)) related to gas 
        and hazardous liquid, the following amounts are authorized to 
        be appropriated to the Department of Transportation:
            ``(A) $41,500,000 for fiscal year 2001.
            ``(B) $44,500,000 for fiscal year 2002.
            ``(C) $45,800,000 for fiscal year 2003.
            ``(2) Allocations for research.--Of the amounts 
        appropriated pursuant to paragraph (1) for a fiscal year, not 
        less than the following amounts shall be used for research of 
        pipeline safety technologies described in section 60117:
                    ``(A) $4,000,000 for fiscal year 2001.
                    ``(B) $5,500,000 for fiscal year 2002.
                    ``(C) $6,000,000 for fiscal year 2003.''.
    (b) State Grants.--Section 60125 is amended--
            (1) by striking subsections (b) and (d) and redesignating 
        subsections (c), (e), and (f) as subsections (b), (c), and (d), 
        respectively; and
            (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
            ``(A) $18,500,000 for fiscal year 2001.
            ``(B) $20,500,000 for fiscal year 2002.
            ``(C) $21,100,000 for fiscal year 2003.''.
    (c) Conforming Amendment.--Section 60125(c) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.
                                 <all>