[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2749

 To amend title 49, United States Code, to improve pipeline safety and 
        enhance community access to pipeline safety information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2001

  Ms. Dunn of Washington (for herself, Mr. Larsen of Washington, Mr. 
    Dicks, and Mr. Souder) 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 improve pipeline safety and 
        enhance community access to pipeline safety information.

    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. Qualifications of pipeline personnel.
Sec. 3. Risk analysis and integrity management programs.
Sec. 4. Research and development.
Sec. 5. Community right-to-know and emergency preparedness.
Sec. 6. State oversight role.
Sec. 7. Penalties.
Sec. 8. Population encroachment.
Sec. 9. Records, reports, and information.
Sec. 10. National pipeline mapping system.
Sec. 11. State pipeline advisory committees.
Sec. 12. Pipeline rights-of-way and the environment.
Sec. 13. Authorization of appropriations.

SEC. 2. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60129. Qualifications of pipeline personnel
    ``(a) Review of Qualifications Programs.--
            ``(1) In general.--The Secretary of Transportation or a 
        State authority responsible for enforcing standards prescribed 
        under this chapter shall conduct a periodic review of each 
        operator of a gas pipeline or hazardous liquid pipeline 
        facility to ensure that the operator has in effect a written 
        qualification program that ensures that all individuals 
        performing covered tasks for the facility are qualified to 
        perform such tasks.
            ``(2) Context of review.--The Secretary or State authority 
        may conduct a review under paragraph (1) as an element of its 
        inspection of an operator.
            ``(3) Inadequate programs.--If the Secretary or State 
        authority determines that a qualification program is inadequate 
        for the safe operation of a pipeline facility, the Secretary or 
        State authority shall act under section 60108(a)(2) to require 
        the operator to revise the qualification program.
            ``(4) Amendments to programs.--In order to facilitate 
        reviews under this subsection, an operator shall notify the 
        Secretary or State authority, as appropriate, of any amendment 
        made to the operator's qualification program not later than 30 
        days after the date of adoption of the amendment.
            ``(5) Covered task defined.--In this subsection, the term 
        `covered task'--
                    ``(A) with respect to a gas pipeline facility, has 
                the meaning such term has under section 192.801 of 
                title 49, Code of Federal Regulations, as in effect on 
                the date of enactment of this section; and
                    ``(B) with respect to a hazardous liquid pipeline 
                facility, has the meaning such term has under section 
                195.501 of such title, as in effect on the date of 
                enactment of this section.
    ``(b) Certification of Supervisory Control and Data Acquisition 
Personnel.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall--
                    ``(A) develop a program consisting of written, 
                oral, or simulation tests and other requirements for 
                certifying the qualifications of individuals who 
                operate computer-based systems for controlling the 
                operations of pipelines; and
                    ``(B) enter into a cooperative agreement or 
                contract with a public or private entity to implement 
                the certification program developed under subparagraph 
                (A).
            ``(2) Implementation of certification program.--
                    ``(A) Pilot program.--Beginning 1 year after the 
                date of enactment of this section, the Secretary shall 
                select pipeline facilities to participate in the 
                certification program developed under paragraph (1)(A) 
                and require such participation.
                    ``(B) Applicability to all operators.--Not later 
                than 4 years after the date of enactment of this 
                section, each operator of a gas pipeline or hazardous 
                liquid pipeline facility shall ensure that all 
                employees of the operator who are subject to the 
                certification program developed under paragraph (1)(A) 
                are certified under the program by the entity referred 
                to in paragraph (1)(B).
            ``(3) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this section, the Secretary shall 
                transmit to Congress a report on the results of the 
                certification program developed under paragraph (1)(A).
                    ``(B) Contents.--The report shall include--
                            ``(i) a description of the certification 
                        program and implementation of the certification 
                        program;
                            ``(ii) an evaluation of the certification 
                        program, including the effectiveness of 
the process for certifying individuals who operate computer-based 
systems for controlling the operations of pipelines; and
                            ``(iii) an assessment of the ramifications 
                        of requiring the certification of other 
                        individuals performing safety-sensitive 
                        functions for a pipeline facility.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60129. Qualifications of pipeline personnel.''.

SEC. 3. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

    (a) In General.--Section 60109 is amended by adding at the end the 
following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall prescribe 
        minimum safety standards to require each operator of a gas 
        transmission or hazardous liquid pipeline facility--
                    ``(A) to evaluate the risks to the operator's 
                facilities in areas identified under subsection (a)(1); 
                and
                    ``(B) to adopt and implement, not later than 1 year 
                after the date of issuance of such minimum standards, 
                an integrity management program to reduce such risks.
            ``(2) Elements of integrity management programs.--An 
        integrity management program adopted by an operator under 
        paragraph (1) shall provide for, at a minimum, the following:
                    ``(A) A baseline integrity assessment of each of 
                the operator's facilities in areas identified pursuant 
                to subsection (a)(1) within 5 years of the date of 
                adoption of the plan unless the operator has previously 
                performed such an assessment.
                    ``(B) Periodic inspection of the facility, at 
                intervals of once every 5 years or at more frequent 
                intervals as determined under paragraph (3)(C), 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.
                    ``(C) Clearly defined criteria for evaluating the 
                results of such inspections.
                    ``(D) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by such evaluations.
                    ``(E) 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.
                    ``(F) A description of actions to be taken by the 
                operator to prevent and mitigate the consequences of 
                releases from the facility.
                    ``(G) A method for monitoring cathodic protection 
                systems throughout the pipeline system of the operator.
                    ``(H) A description of the actions to be taken by 
                the operator to address any safety concerns raised by 
                the Secretary, including issues raised with the 
                Secretary by States and local authorities.
            ``(3) Inspection requirements.--
                    ``(A) Inspections by direct assessment.--Not later 
                than 1 year after the date of enactment of this 
                section, the Secretary shall prescribe standards for 
                inspection of a pipeline facility by direct assessment.
                    ``(B) Inspections by internal inspection devices.--
                After reviewing an integrity management program, 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.
                    ``(C) Frequency of inspections.--In adopting an 
                integrity management program under paragraph (1), an 
                operator shall determine whether to require inspection 
                of a facility at more frequent intervals than the 
                minimum intervals required under paragraph (2)(B) after 
                consideration of the following factors:
                            ``(i) The potential for development of new 
                        defects in the facility (including the 
                        potential for damage by an outside force).
                            ``(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.
                    ``(D) Minimization of environmental and safety 
                risks.--The Secretary may require an operator of a 
                pipeline facility to 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.
                    ``(E) Waivers.--The Secretary may waive or modify 
                inspection requirements under this subsection if the 
                Secretary determines that--
                            ``(i) there are other technically 
                        appropriate methods of monitoring; or
                            ``(ii)(I) sufficient internal inspection 
                        devices are not available; and
                            ``(II) the waiver or modification is not 
                        inconsistent with pipeline safety.
            ``(4) Systems to monitor pressure and detect leaks; use of 
        emergency flow restricting devices.--The Secretary may 
        prescribe standards requiring an operator of a pipeline 
        facility to include in an integrity management program under 
        paragraph (1)--
                    ``(A) changes to valves or the establishment or 
                modification of systems that monitor pressure and 
                detect leaks based on the operator's risk analysis; and
                    ``(B) the use of emergency flow restricting 
                devices.
            ``(5) Opportunity for local input on integrity 
        management.--Not later than 18 months after the date of 
        enactment of this subsection, the Secretary shall, by 
        regulation, establish a process for raising and addressing 
        local safety concerns about pipeline integrity and the 
        operator's pipeline integrity program. The process shall 
        include--
                    ``(A) a requirement that an operator of a gas 
                transmission pipeline or hazardous liquid pipeline 
                facility make available upon request to State and local 
                officials in a State in which the facility is located 
                information about the risk analysis and integrity 
                management program required under paragraph (1) 
                (including a copy of the operator's integrity 
                management program) and the results of inspections 
                conducted under the operator's integrity management 
                program;
                    ``(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.
            ``(6) Review of integrity management programs.--
                    ``(A) Review of programs.--
                            ``(i) In general.--The Secretary shall 
                        periodically 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.
            ``(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.
            ``(9) Reports to congress.--If the Secretary does not 
        prescribe minimum safety standards for risk analysis and 
        integrity management programs under paragraph (1) by the date 
        specified in paragraph (1), the Secretary shall transmit, until 
        the standards have been prescribed, an annual report to the 
        Committee on Energy and Commerce and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate. The annual report shall contain 
        the following information:
                    ``(A) An explanation for the delay in prescribing 
                the standards.
                    ``(B) A list of any remaining steps and outstanding 
                issues to be resolved before the standards can be 
                prescribed.
                    ``(C) An estimate of the time needed for completion 
                of the standards.''.
    (b) Assessment and Evaluation.--Section 60109 is further amended by 
adding at the end the following:
    ``(d) Assessment and Evaluation.--Not later than 3 years after the 
date of enactment of this subsection, the Secretary shall complete an 
assessment and evaluation of the effects on public safety and the 
environment of the implementation of integrity management programs 
under subsection (c).''.
    (c) Conforming Amendments.--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. RESEARCH AND DEVELOPMENT.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60130. 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 of this section;
                    ``(C) to develop innovative techniques measuring 
                the structural integrity of pipelines;
                    ``(D) to improve the capability, reliability, and 
                practicality of external leak and rupture 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) may 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 section.
            ``(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 of this section;
                    ``(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 and rupture 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, may 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 and rupture detection, 
                including portable real-time video imaging technology, 
                and the advancement of computerized control center leak 
                and rupture 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) DOT point of contact.--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) Joint responsibilities.--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.--Not later 
        than 1 year after the date of enactment of this section, the 
        Secretary of Transportation, in coordination with the Secretary 
        of Energy, shall prepare and submit to 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, 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.
            ``(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, 
        national laboratories, universities, and any other research 
        organizations, including industry research organizations.''.
    (b) Conforming amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60130. Research and development.''.

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

    Section 60116 is amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
    ``(a) Public Education Programs.--
            ``(1) In general.--Each operator of a gas pipeline 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;
                    ``(C) the physical indications that such a release 
                may have occurred;
                    ``(D) what steps should be taken for public safety 
                in the event of a pipeline release; and
                    ``(E) how to report such an event.
            ``(2) Review of existing programs.--Not later than 1 year 
        after the date of enactment of this paragraph, each operator of 
        a gas pipeline or hazardous liquid pipeline facility shall 
        review its existing public education program for effectiveness 
        and modify the program as necessary. The completed program 
        shall be reviewed by the Secretary of Transportation as an 
        element of Departmental inspections.
            ``(3) Standards.--The Secretary may issue standards 
        prescribing the details of a public education program and 
        providing for periodic review of the program's effectiveness 
        and modification as needed. The Secretary may also develop 
        material for use in the program.
            ``(4) Technical assistance.--The Secretary may provide 
        technical assistance on public safety and public education 
        programming regarding pipeline safety as follows:
                    ``(A) To pipeline industry.--To the pipeline 
                industry, technical assistance on--
                            ``(i) developing public safety and public 
                        education program content; and
                            ``(ii) using best practices for program 
                        delivery and on evaluating the effectiveness of 
                        the programs.
                    ``(B) To state and local officials.--To State and 
                local officials, technical assistance on applying 
                practices developed in the public safety and public 
                education programs to their activities to promote 
                pipeline safety.
    ``(b) 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.
    ``(c) Emergency Preparedness.--
            ``(1) Operator liaison.--Not later than 1 year after the 
        date of enactment of this section, each operator of a gas 
        pipeline 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) Emergency response plans.--The Secretary shall 
        prescribe standards to require each operator of a gas pipeline 
        or hazardous liquid pipeline facility--
                    ``(A) to develop an emergency response plan for 
                responding to incidents involving the facility; and
                    ``(B) to make the plan available upon request to 
                State and local officials.
            ``(3) Cooperation with local officials.--Each operator of a 
        gas pipeline or hazardous liquid pipeline facility shall work 
        in cooperation with State and local officials in the 
        development of State and local emergency response plans for 
        responding to incidents involving the facility.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60116 and inserting the 
following:

``60116. Community right-to-know and emergency preparedness.''.

SEC. 6. 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)(7); 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).
            ``(4) Citizen participation.--The Secretary or the State 
        authority may provide for citizen participation with respect to 
        entry into and implementation of an agreement under this 
        subsection.''.
    (b) Secretary's Response to State Notices of Violations.--
Subsection (c) of section 60106 (as redesignated by subsection (a)(2) 
of this section) is amended--
            (1) by striking ``Each agreement'' and inserting the 
        following:
            ``(1) In general.--Each agreement'';
            (2) by adding at the end the following:
            ``(2) Response by secretary.--If a State authority notifies 
        the Secretary under paragraph (1) of a violation or probable 
        violation of an applicable safety standard, the Secretary, not 
        later than 60 days after the date of receipt of the 
        notification, shall--
                    ``(A) issue an order under section 60118(b) or take 
                other appropriate enforcement actions to ensure 
                compliance with this chapter; or
                    ``(B) provide the State authority with a written 
                explanation as to why the Secretary has determined not 
                to take such actions.''; and
            (3) by aligning the text of paragraph (1) (as designated by 
        this subsection) with paragraph (2) (as added by this 
        subsection).
    (c) 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. 7. PENALTIES.

    (a) Civil Penalties.--Section 60122(a)(1) is amended--
            (1) by striking ``$25,000'' and inserting ``$500,000'';
            (2) by striking ``$500,000'' and inserting ``$1,000,000''; 
        and
            (3) by adding at the end the following: ``The preceding 
        sentence does not apply to a judicial enforcement action under 
        section 60120 or 60121.''.
    (b) Penalty Considerations.--Section 60122(b) is amended to read as 
follows:
    ``(b) Penalty Considerations.--
            ``(1) Mandatory considerations.--In determining the amount 
        of a civil penalty under this section, 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.
            ``(2) Discretionary considerations.--In determining the 
        amount of a civil penalty under this section, 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.''.
    (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, is aware of 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 subpoenas 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. 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. RECORDS, REPORTS, AND INFORMATION.

    Section 60117(b) is amended to read as follows:
    ``(b) Records, Reports, and Information.--
            ``(1) In general.--To enable the Secretary to decide 
        whether a person owning or operating a pipeline facility is 
        complying with this chapter and standards prescribed or orders 
        issued under this chapter, the person shall--
                    ``(A) maintain records, make reports, and provide 
                information the Secretary requires; and
                    ``(B) make the records, reports, and information 
                available when the Secretary requests.
            ``(2) Releases exceeding 5 gallons.--
                    ``(A) Report required.--A person owning or 
                operating a hazardous liquid pipeline facility subject 
                to the requirements of this chapter shall submit to the 
                Secretary a report on each release to the environment 
                greater than 5 gallons of the hazardous liquid or 
                carbon dioxide transported.
                    ``(B) Contents.--A report submitted to the 
                Secretary under subparagraph (A) shall include a 
                description of--
                            ``(i) the location of the release;
                            ``(ii) any fatalities or personal injuries 
                        resulting from the release;
                            ``(iii) the type of product released;
                            ``(iv) the amount of product released;
                            ``(v) the cause or causes of the release,
                            ``(vi) the extent of damage to property and 
                        the environment; and
                            ``(vii) the response undertaken to clean up 
                        the release.
            ``(3) Availability of information during incident 
        investigations.--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) (and 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.
            ``(4) Gathering lines.--The Secretary may require owners 
        and operators of gathering lines to provide the Secretary 
        information pertinent to the Secretary's ability to make a 
        determination as to whether and to what extent to regulate 
        gathering lines.''.

SEC. 10. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60131. National pipeline mapping system
    ``(a) Information To Be Provided.--Not later than 6 months after 
the date of enactment of this section, a person owning or operating a 
natural gas transmission pipeline or a hazardous liquid pipeline 
facility shall provide to the Secretary the following information with 
respect to each pipeline it owns or operates:
            ``(1) Geospatial data appropriate for use in the National 
        Pipeline Mapping System.
            ``(2) The name and address of the person with primary 
        operational control to be identified as its operator for 
        purposes of this chapter.
            ``(3) A means for a member of the public to contact the 
        operator for additional information about the pipeline 
        facilities it operates.
    ``(b) Updates.--A person providing information under subsection (a) 
shall provide to the Secretary updates of the information to reflect 
changes in the pipeline facility owned or operated by the person and as 
otherwise required by the Secretary.
    ``(c) Technical Assistance To Improve Local Response 
Capabilities.--The Secretary may provide technical assistance to State 
and local officials to improve local response capabilities for pipeline 
emergencies by adapting information available through the National 
Pipeline Mapping System to software used in first responder vehicles 
responding to pipeline emergencies.
    ``(d) Availability of Maps.--
            ``(1) In general.--A person owning or operating a natural 
        gas transmission pipeline or hazardous liquid pipeline facility 
        shall--
                    ``(A) make maps of the facility available for 
                public inspection; and
                    ``(B) provide to a State or local official, 
                emergency response agency, or advisory committee 
                established by the Governor of a State upon request a 
                map of the facility (in paper form) in the area 
                represented by the person requesting the map.
            ``(2) Updates.--A person providing a map under paragraph 
        (1)(B) shall provide upon request to the person requesting the 
        map updates of the map to reflect changes in the pipeline 
        facility depicted on the map.''.
    (b) Conforming amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60131. National pipeline mapping system.''.

SEC. 11. STATE PIPELINE SAFETY ADVISORY COMMITTEES.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60132. State pipeline safety advisory committees
    ``Not later than 90 days after receiving recommendations for 
improvements to pipeline safety from an advisory committee appointed by 
the Governor of any State, the Secretary 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.''.
    (b) Conforming amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60132. State pipeline safety advisory committees.''.

SEC. 12. PIPELINE RIGHTS-OF-WAY AND THE ENVIRONMENT.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60133. Pipeline rights-of-way and the environment
    ``(a) Study.--The Secretary of Transportation may conduct a study 
on how best to preserve environmental resources in conjunction with 
maintaining pipeline rights-of-way.
    ``(b) Required Consideration.--Any study conducted under this 
section shall recognize pipeline operators' regulatory obligations to 
maintain rights-of-way and to protect public safety.''.
    (b) Conforming amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60133. Pipeline rights-of-way and the environment.''.

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 2002.
                    ``(B) $44,500,000 for fiscal year 2003.
                    ``(C) $45,800,000 for fiscal year 2004.
                    ``(D) $46,300,000 for fiscal year 2005.
                    ``(E) $46,300,000 for fiscal year 2006.
            ``(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 60130:
                    ``(A) $4,000,000 for fiscal year 2002.
                    ``(B) $5,500,000 for fiscal year 2003.
                    ``(C) $6,000,000 for fiscal year 2004.
                    ``(D) $6,500,000 for fiscal year 2005.
                    ``(E) $6,500,000 for fiscal year 2006.''.
    (b) State Grants.--Section 60125 is amended--
            (1) by striking subsections (b) and (d) and redesignating 
        subsections (c), (e), and (f) as subsections (b), (d), and (e), 
        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 2002.
            ``(B) $20,500,000 for fiscal year 2003.
            ``(C) $21,500,000 for fiscal year 2004.
            ``(D) $21,500,000 for fiscal year 2005.
            ``(E) $21,500,000 for fiscal year 2006.''.
    (c) Oil Spills.--Section 60125 is amended by inserting after 
subsection (b) (as redesignated by subsection (b)(1) of this section) 
the following:
    ``(c) Oil Spill Liability Trust Fund.--Of the amounts available in 
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to 
the Secretary of Transportation in each of fiscal years 2002 through 
2006, as provided in appropriation Acts, to carry out programs 
authorized in this Act.''.
    (d) Conforming Amendment.--Section 60125(d) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.
                                 <all>