[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3609 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 13, 2002.
    Resolved, That the bill from the House of Representatives (H.R. 
3609) entitled ``An Act to amend title 49, United States Code, to 
enhance the security and safety of pipelines.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety 
Improvement Act of 2002''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 2. ONE-CALL NOTIFICATION PROGRAMS.

    (a) Minimum Standards.--Section 6103 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``, including all 
                government operators'' before the semicolon at the end; 
                and
                    (B) in paragraph (2) by inserting ``, including all 
                government and contract excavators'' before the 
                semicolon at the end; and
            (2) in subsection (c) by striking ``provide for'' and 
        inserting ``provide for and document''.
    (b) Compliance With Minimum Standards.--Section 6104(d) is amended 
by striking ``Within 3 years after the date of the enactment of this 
chapter, the Secretary shall begin to'' and inserting ``The Secretary 
shall''.
    (c) Implementation of Best Practices Guidelines.--
            (1) In general.--Section 6105 is amended to read as 
        follows:
``Sec. 6105. Implementation of best practices guidelines
    ``(a) Adoption of Best Practices.--The Secretary of Transportation 
shall encourage States, operators of one-call notification programs, 
excavators (including all government and contract excavators), and 
underground facility operators to adopt and implement practices 
identified in the best practices report entitled `Common Ground', as 
periodically updated.
    ``(b) Technical Assistance.--The Secretary shall provide technical 
assistance to and participate in programs sponsored by a non-profit 
organization specifically established for the purpose of reducing 
construction-related damage to underground facilities.
    ``(c) Grants.--
            ``(1) In general.--The Secretary may make grants to a non-
        profit organization described in subsection (b).
            ``(2) Authorization of appropriations.--In addition to 
        amounts authorized under section 6107, there is authorized to 
        be appropriated for making grants under this subsection 
        $500,000 for each of fiscal years 2003 through 2006. Such sums 
        shall remain available until expended.
            ``(3) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301.''.
            (2) Conforming amendment.--The analysis for chapter 61 is 
        amended by striking the item relating to section 6105 and 
        inserting the following:

``6105. Implementation of best practices guidelines.''.
    (d) Authorization of Appropriations.--
            (1) For grants for states.--Section 6107(a) is amended by 
        striking ``$1,000,000 for fiscal year 2000'' and all that 
        follows before the period at the end of the first sentence and 
        inserting ``$1,000,000 for each of fiscal years 2003 through 
        2006''.
            (2) For administration.--Section 6107(b) is amended by 
        striking ``for fiscal years 1999, 2000, and 2001'' and 
        inserting ``for fiscal years 2003 through 2006''.

SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS.

    (a) Limitation on Preemption.--Section 60104(c) is amended by 
adding at the end the following: ``Notwithstanding the preceding 
sentence, a State authority may enforce a requirement of a one-call 
notification program of the State if the program meets the requirements 
for one-call notification programs under this chapter or chapter 61.''.
    (b) Minimum Requirements.--Section 60114(a)(2) is amended by 
inserting ``, including a government employee or contractor,'' after 
``person''.
    (c) Criminal Penalties.--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'';
            (3) by striking paragraph (2)(B) and inserting the 
        following:
                    ``(B) a pipeline facility, and knows or has reason 
                to know of the damage, but does not report the damage 
                promptly to the operator of the pipeline facility and 
                to other appropriate authorities; or''; and
            (4) by adding after paragraph (2) the following:
``Penalties under this subsection may be reduced in the case of a 
violation that is promptly reported by the violator.''.

SEC. 4. STATE OVERSIGHT ROLE.

    (a) State Agreements With Certification.--Section 60106 is 
amended--
            (1) in subsection (a) by striking ``General Authority.--'' 
        and inserting ``Agreements Without Certification.--'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), 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 and makes the determination required under 
        this subsection, the Secretary may make an agreement with a 
        State authority authorizing it to participate in the oversight 
        of interstate pipeline transportation. Each such agreement 
        shall include a plan for the State authority to participate in 
        special investigations involving incidents or new construction 
        and allow the State authority to participate in other 
        activities overseeing interstate pipeline transportation or to 
        assume additional inspection or investigatory duties. Nothing 
        in this section modifies section 60104(c) or authorizes the 
        Secretary to delegate the enforcement of safety standards for 
        interstate pipeline facilities prescribed under this chapter to 
        a State authority.
            ``(2) Determinations required.--The Secretary may not enter 
        into an agreement under this subsection, unless the Secretary 
        determines in writing that--
                    ``(A) the agreement allowing participation of the 
                State authority is consistent with the Secretary's 
                program for inspection and consistent with the safety 
                policies and provisions provided under this chapter;
                    ``(B) the interstate participation agreement would 
                not adversely affect the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(C) the State is carrying out a program 
                demonstrated to promote preparedness and risk 
                prevention activities that enable communities to live 
                safely with pipelines;
                    ``(D) the State meets the minimum standards for 
                State one-call notification set forth in chapter 61; 
                and
                    ``(E) the actions planned under the agreement would 
                not impede interstate commerce or jeopardize public 
                safety.
            ``(3) Existing agreements.--If requested by the State 
        authority, the Secretary shall authorize a State authority 
        which had an interstate agreement in effect after January 31, 
        1999, to oversee interstate pipeline transportation pursuant to 
        the terms of that agreement until the Secretary determines that 
        the State meets the requirements of paragraph (2) and executes 
        a new agreement, or until December 31, 2003, whichever is 
        sooner. Nothing in this paragraph shall prevent the Secretary, 
        after affording the State notice, hearing, and an opportunity 
        to correct any alleged deficiencies, from terminating an 
        agreement that was in effect before enactment of the Pipeline 
        Safety Improvement Act of 2002 if--
                    ``(A) the State authority fails to comply with the 
                terms of the agreement;
                    ``(B) implementation of the agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority; or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation has had an adverse impact on pipeline 
                safety.''.
    (b) Ending Agreements.--Subsection (e) of section 60106 (as 
redesignated by subsection (a)(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 when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) implementation of such agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(B) the State actions under the agreement have 
                failed to meet the requirements under subsection (b); 
                or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation would not promote pipeline safety.
            ``(3) Procedural requirements.--The Secretary shall give 
        notice and an opportunity for a hearing to a State authority 
        before ending an agreement under this section. The Secretary 
        may provide a State an opportunity to correct any deficiencies 
        before ending an agreement. The finding and decision to end the 
        agreement shall be published in the Federal Register and may 
        not become effective for at least 15 days after the date of 
        publication unless the Secretary finds that continuation of an 
        agreement poses an imminent hazard.''.
    (c) 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).

SEC. 5. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended to read as follows:
``Sec. 60116. Public education programs
    ``(a) In General.--Each owner or operator of a gas or hazardous 
liquid pipeline facility shall carry out a continuing program to 
educate the public on the use of a one-call notification system prior 
to excavation and other damage prevention activities, the possible 
hazards associated with unintended releases from the pipeline facility, 
the physical indications that such a release may have occurred, what 
steps should be taken for public safety in the event of a pipeline 
release, and how to report such an event.
    ``(b) Modification of Existing Programs.--Not later than 12 months 
after the date of enactment of the Pipeline Safety Improvement Act of 
2002, each owner or operator of a gas or hazardous liquid pipeline 
facility shall review its existing public education program for 
effectiveness and modify the program as necessary. The completed 
program shall include activities to advise affected municipalities, 
school districts, businesses, and residents of pipeline facility 
locations. The completed program shall be submitted to the Secretary 
or, in the case of an intrastate pipeline facility operator, the 
appropriate State agency, and shall be periodically reviewed by the 
Secretary or, in the case of an intrastate pipeline facility operator, 
the appropriate State agency.
    ``(c) Standards.--The Secretary may issue standards prescribing the 
elements of an effective public education program. The Secretary may 
also develop material for use in the program.''.

SEC. 6. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60129. Protection of employees providing pipeline safety 
              information
    ``(a) Discrimination Against Employee.--
            ``(1) In general.--No employer may discharge any employee 
        or otherwise discriminate against any employee with respect to 
        his compensation, terms, conditions, or privileges of 
        employment because the employee (or any person acting pursuant 
        to a request of the employee)--
                    ``(A) provided, caused to be provided, or is about 
                to provide or cause to be provided, to the employer or 
                the Federal Government information relating to any 
                violation or alleged violation of any order, 
                regulation, or standard under this chapter or any other 
                Federal law relating to pipeline safety;
                    ``(B) refused to engage in any practice made 
                unlawful by this chapter or any other Federal law 
                relating to pipeline safety, if the employee has 
                identified the alleged illegality to the employer;
                    ``(C) provided, caused to be provided, or is about 
                to provide or cause to be provided, testimony before 
                Congress or at any Federal or State proceeding 
                regarding any provision (or proposed provision) of this 
                chapter or any other Federal law relating to pipeline 
                safety;
                    ``(D) commenced, caused to be commenced, or is 
                about to commence or cause to be commenced a proceeding 
                under this chapter or any other Federal law relating to 
                pipeline safety, or a proceeding for the administration 
                or enforcement of any requirement imposed under this 
                chapter or any other Federal law relating to pipeline 
                safety;
                    ``(E) provided, caused to be provided, or is about 
                to provide or cause to be provided, testimony in any 
                proceeding described in subparagraph (D); or
                    ``(F) assisted or participated or is about to 
                assist or participate in any manner in such a 
                proceeding or in any other manner in such a proceeding 
                or in any other action to carry out the purposes of 
                this chapter or any other Federal law relating to 
                pipeline safety.
            ``(2) Employer defined.--In this section, the term 
        `employer' means--
                    ``(A) a person owning or operating a pipeline 
                facility; or
                    ``(B) a contractor or subcontractor of such a 
                person.
    ``(b) Department of Labor Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 180 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary of Labor shall notify, in writing, the person or 
        persons named in the complaint and the Secretary of 
        Transportation of the filing of the complaint, of the 
        allegations contained in the complaint, of the substance of 
        evidence supporting the complaint, and of the opportunities 
        that will be afforded to such person or persons under paragraph 
        (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person or persons named in 
                the complaint an opportunity to submit to the Secretary 
                of Labor a written response to the complaint and an 
                opportunity to meet with a representative of the 
                Secretary of Labor to present statements from 
                witnesses, the Secretary of Labor shall conduct an 
                investigation and determine whether there is reasonable 
                cause to believe that the complaint has merit and 
                notify in writing the complainant and the person or 
                persons alleged to have committed a violation of 
                subsection (a) of the Secretary of Labor's findings. If 
                the Secretary of Labor concludes that there is 
                reasonable cause to believe that a violation of 
                subsection (a) has occurred, the Secretary of Labor 
                shall include with the Secretary of Labor's findings 
                with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 60 days 
                after the date of notification of findings under this 
                subparagraph, any person alleged to have committed a 
                violation or the complainant may file objections to the 
                findings or preliminary order, or both, and request a 
                hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 60-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in subsection (a) was a contributing 
                        factor in the unfavorable personnel action 
                        alleged in the complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary of 
                        Labor that the complainant has made the showing 
                        required under clause (i), no investigation 
                        otherwise required under subparagraph (A) shall 
                        be conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        Secretary.--The Secretary of Labor may 
                        determine that a violation of subsection (a) 
                        has occurred only if the complainant 
                        demonstrates that any behavior described in 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 90 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary of Labor, the 
                complainant, and the person or persons alleged to have 
                committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person or persons 
                who committed such violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person or persons against whom 
                the order is issued a sum equal to the aggregate amount 
                of all costs and expenses (including attorney's and 
                expert witness fees) reasonably incurred, as determined 
                by the Secretary of Labor, by the complainant for, or 
                in connection with, the bringing the complaint upon 
                which the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $1,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date of issuance of the final order of 
                the Secretary of Labor. Review shall conform to chapter 
                7 of title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        any person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief, including, 
        but not to be limited to, injunctive relief and compensatory 
        damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person or persons 
                to whom such order was issued to require compliance 
                with such order. The appropriate United States district 
                court shall have jurisdiction, without regard to the 
                amount in controversy or the citizenship of the 
                parties, to enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award of costs is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an action of an employee of an employer 
who, acting without direction from the employer (or such employer's 
agent), deliberately causes a violation of any requirement relating to 
pipeline safety under this chapter or any other law of the United 
States.''.
    (b) Civil Penalty.--Section 60122(a) is amended by adding at the 
end the following:
    ``(3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of not more 
than $1,000 for each violation. The penalties provided by paragraph (1) 
do not apply to a violation of section 60129 or an order issued 
thereunder.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

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

SEC. 7. SAFETY ORDERS.

    Section 60117 is amended by adding at the end the following:
    ``(l) Safety Orders.--If the Secretary decides that a pipeline 
facility has a potential safety-related condition, the Secretary may 
order the operator of the facility to take necessary corrective action, 
including physical inspection, testing, repair, replacement, or other 
appropriate action to remedy the safety-related condition.''.

SEC. 8. PENALTIES.

    (a) Pipeline Facilities Hazardous to Life, Property, or the 
Environment.--
            (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 decide that a pipeline 
facility is hazardous if the Secretary decides that--
            ``(1) operation of the facility is or would be hazardous to 
        life, property, or the environment; or
            ``(2) the facility is or would be constructed or operated, 
        or a component of the facility is or would be constructed or 
        operated, with equipment, material, or a technique that the 
        Secretary decides is hazardous to life, property, or the 
        environment.''.
            (2) Corrective action orders.--Section 60112(d) is amended 
        by striking ``is hazardous'' and inserting ``is or would be 
        hazardous''.
    (b) Enforcement.--
            (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) Penalty considerations.--Section 60122(b) is amended by 
        striking ``under this section'' and all that follows through 
        paragraph (4) and inserting ``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.''.
            (3) Civil actions.--Section 60120(a) is amended--
                    (A) 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
                    (B) by aligning the remainder of the text of 
                paragraph (2) with the text of paragraph (1).
    (c) Criminal Penalties for Damaging or Destroying a Facility.--
Section 60123(b) is amended--
            (1) by striking ``or'' after ``gas pipeline facility'' and 
        inserting ``, an''; and
            (2) by inserting after ``liquid pipeline facility'' the 
        following: ``, or either an intrastate gas pipeline facility or 
        intrastate hazardous liquid pipeline facility that is used in 
        interstate or foreign commerce or in any activity affecting 
        interstate or foreign commerce''.
    (d) Comptroller General Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the actions, policies, and procedures of the Secretary 
        of Transportation for assessing and collecting fines and 
        penalties on operators of hazardous liquid and gas transmission 
        pipelines.
            (2) Analysis.--In conducting the study, the Comptroller 
        General shall examine, at a minimum, the following:
                    (A) The frequency with which the Secretary has 
                substituted corrective orders for fines and penalties.
                    (B) Changes in the amounts of fines recommended by 
                safety inspectors, assessed by the Secretary, and 
                actually collected.
                    (C) An evaluation of the overall effectiveness of 
                the Secretary's enforcement strategy.
                    (D) The extent to which the Secretary has complied 
                with the report of the Government Accounting Office 
                entitled ``Pipeline Safety: The Office of Pipeline 
                Safety is Changing How it Oversees the Pipeline 
                Industry''.
    (3) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committees 
on Transportation and Infrastructure and Energy and Commerce of the 
House of Representatives a report on the results of the study.

SEC. 9. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60130. Pipeline safety information grants to communities
    ``(a) Grant Authority.--
            ``(1) In general.--The Secretary of Transportation may make 
        grants for technical assistance to local communities and groups 
        of individuals (not including for-profit entities) relating to 
        the safety of pipeline facilities in local communities, other 
        than facilities regulated under Public Law 93-153 (43 U.S.C. 
        1651 et seq.). The Secretary shall establish competitive 
        procedures for awarding grants under this section and criteria 
        for selecting grant recipients. The amount of any grant under 
        this section may not exceed $50,000 for a single grant 
        recipient. The Secretary shall establish appropriate procedures 
        to ensure the proper use of funds provided under this section.
            ``(2) Technical assistance defined.--In this subsection, 
        the term `technical assistance' means engineering and other 
        scientific analysis of pipeline safety issues, including the 
        promotion of public participation in official proceedings 
        conducted under this chapter.
    ``(b) Prohibited Uses.--Funds provided under this section may not 
be used for lobbying or in direct support of litigation.
    ``(c) Annual Report.--
            ``(1) In general.--Not later than 90 days after the last 
        day of each fiscal year for which grants are made by the 
        Secretary under this section, the Secretary shall report to the 
        Committees on Commerce, Science, and Transportation and Energy 
        and Natural Resources of the Senate and the Committees on 
        Transportation and Infrastructure and Energy and Commerce of 
        the House of Representatives on grants made under this section 
        in the preceding fiscal year.
            ``(2) Contents.--The report shall include--
                    ``(A) a listing of the identity and location of 
                each recipient of a grant under this section in the 
                preceding fiscal year and the amount received by the 
                recipient;
                    ``(B) a description of the purpose for which each 
                grant was made; and
                    ``(C) a description of how each grant was used by 
                the recipient.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation for carrying out this 
section $1,000,000 for each of the fiscal years 2003 through 2006. Such 
amounts shall not be derived from user fees collected under section 
60301.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60130. Pipeline safety information grants to communities.''.

SEC. 10. OPERATOR ASSISTANCE IN INVESTIGATIONS.

    (a) In General.--Section 60118 is amended by adding at the end the 
following:
    ``(e) Operator Assistance in Investigations.--If the Secretary or 
the National Transportation Safety Board investigate an accident 
involving a pipeline facility, the operator of the facility shall make 
available to the Secretary or the Board all records and information 
that in any way pertain to the accident (including integrity management 
plans and test results), and shall afford all reasonable assistance in 
the investigation of the accident.''.
    (b) Corrective Action Orders.--Section 60112(d) is amended--
            (1) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) In general.--If the Secretary'';
            (2) by adding the end the following:
            ``(2) Actions attributable to an employee.--If, in the case 
        of a corrective action order issued following an accident, the 
        Secretary determines that the actions of an employee carrying 
        out an activity regulated under this chapter, including duties 
        under section 60102(a), may have contributed substantially to 
        the cause of the accident, the Secretary shall direct the 
        operator to relieve the employee from performing those 
        activities, reassign the employee, or place the employee on 
        leave until the earlier of the date on which--
                    ``(A) the Secretary, after notice and an 
                opportunity for a hearing, determines that the 
                employee's actions did not contribute substantially to 
                the cause of the accident; or
                    ``(B) the Secretary determines the employee has 
                been re-qualified or re-trained as provided for in 
                section 60131 and can safely perform those activities.
            ``(3) Effect of collective bargaining agreements.--An 
        action taken by an operator under paragraph (2) shall be in 
        accordance with the terms and conditions of any applicable 
        collective bargaining agreement.''; and
            (3) by aligning the remainder of the text of paragraph (1) 
        (as designated by paragraph (1) of this subsection) with 
        paragraph (2) (as added by paragraph (2) of this subsection).
    (c) Limitation on Statutory Construction.--Section 60118 is amended 
by adding at the end the following:
    ``(f) Limitation on Statutory Construction.--Nothing in this 
section may be construed to infringe upon the constitutional rights of 
an operator or its employees.''.

SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY.

    (a) In General.--Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment and rights-of-way
    ``(a) Study.--The Secretary of Transportation, in conjunction with 
the Federal Energy Regulatory Commission and in consultation with 
appropriate Federal agencies and State and local governments, shall 
undertake a study of land use practices, zoning ordinances, and 
preservation of environmental resources with regard to pipeline rights-
of-way and their maintenance.
    ``(b) Purpose of Study.--The purpose of the study shall be to 
gather information on land use practices, zoning ordinances, and 
preservation of environmental resources--
            ``(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, pipeline workers, and the environment associated with 
        encroachment on pipeline rights-of-way;
            ``(3) to raise the awareness of the risks and hazards of 
        encroachment on pipeline rights-of-way; and
            ``(4) to address how to best preserve environmental 
        resources in conjunction with maintaining pipeline rights-of-
        way, recognizing pipeline operators' regulatory obligations to 
        maintain rights-of-way and to protect public safety.
    ``(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 and 
        maintenance on pipeline rights-of-way so as to more effectively 
        protect public safety, pipeline workers, and the environment.
            ``(2) Distribution of report.--The Secretary shall provide 
        a copy of the report to--
                    ``(A) Congress and appropriate Federal agencies; 
                and
                    ``(B) 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 and to address the potential methods of 
        preserving environmental resources while maintaining pipeline 
        rights-of-way, consistent with pipeline safety.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60127 and inserting the 
following:

``60127. Population encroachment and rights-of-way.''.

SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND 
              DEVELOPMENT.

    (a) In General.--The heads of the participating agencies shall 
carry out a program of research, development, demonstration, and 
standardization to ensure the integrity of pipeline facilities.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the heads of the participating agencies 
        shall enter into a memorandum of understanding detailing their 
        respective responsibilities in the program authorized by 
        subsection (a).
            (2) Areas of expertise.--Under the memorandum of 
        understanding, each of the participating agencies shall have 
        the primary responsibility for ensuring that the elements of 
        the program within its expertise are implemented in accordance 
        with this section. The Department of Transportation's 
        responsibilities shall reflect its lead role in pipeline safety 
        and expertise in pipeline inspection, integrity management, and 
        damage prevention. The Department of Energy's responsibilities 
        shall reflect its expertise in system reliability, low-volume 
        gas leak detection, and surveillance technologies. The National 
        Institute of Standards and Technology's responsibilities shall 
        reflect its expertise in materials research and assisting in 
        the development of consensus technical standards, as that term 
        is used in section 12(d)(4) of Public Law 104-13 (15 U.S.C. 272 
        note).
    (c) Program Elements.--The program authorized by subsection (a) 
shall include research, development, demonstration, and standardization 
activities related to--
            (1) materials inspection;
            (2) stress and fracture analysis, detection of cracks, 
        corrosion, abrasion, and other abnormalities inside pipelines 
        that lead to pipeline failure, and development of new equipment 
        or technologies that are inserted into pipelines to detect 
        anomalies;
            (3) internal inspection and leak detection technologies, 
        including detection of leaks at very low volumes;
            (4) methods of analyzing content of pipeline throughput;
            (5) pipeline security, including improving the real-time 
        surveillance of pipeline rights-of-way, developing tools for 
        evaluating and enhancing pipeline security and infrastructure, 
        reducing natural, technological, and terrorist threats, and 
        protecting first response units and persons near an incident;
            (6) risk assessment methodology, including vulnerability 
        assessment and reduction of third-party damage;
            (7) communication, control, and information systems surety;
            (8) fire safety of pipelines;
            (9) improved excavation, construction, and repair 
        technologies; and
            (10) other appropriate elements.
    (d) Program Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary of Transportation, in 
        coordination with the Secretary of Energy and the Director of 
        the National Institute of Standards and Technology, shall 
        prepare and transmit to Congress a 5-year program plan to guide 
        activities under this section. Such program plan shall be 
        submitted to the Technical Pipeline Safety Standards Committee 
        and the Technical Hazardous Liquid Pipeline Safety Standards 
        Committee for review, and the report to Congress shall include 
        the comments of the committees. The 5-year program plan shall 
        be based on the memorandum of understanding under subsection 
        (b) and take into account related activities of other Federal 
        agencies.
            (2) Consultation.--In preparing the program plan and 
        selecting and prioritizing appropriate project proposals, the 
        Secretary of Transportation shall consult with or seek the 
        advice of appropriate representatives of the natural gas, crude 
        oil, and petroleum product pipeline industries, utilities, 
        manufacturers, institutions of higher learning, Federal 
        agencies, pipeline research institutions, national 
        laboratories, State pipeline safety officials, labor 
        organizations, environmental organizations, pipeline safety 
        advocates, and professional and technical societies.
    (e) Reports to Congress.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the heads of the 
participating agencies shall transmit jointly to Congress a report on 
the status and results to date of the implementation of the program 
plan prepared under subsection (d).
    (f) Authorization of Appropriations.--
            (1) Department of transportation.--There is authorized to 
        be appropriated to the Secretary of Transportation for carrying 
        out this section $10,000,000 for each of the fiscal years 2003 
        through 2006.
            (2) Department of energy.--There is authorized to be 
        appropriated to the Secretary of Energy for carrying out this 
        section $10,000,000 for each of the fiscal years 2003 through 
        2006.
            (3) National institute of standards and technology.--There 
        is authorized to be appropriated to the Director of the 
        National Institute of Standards and Technology for carrying out 
        this section $5,000,000 for each of the fiscal years 2003 
        through 2006.
            (4) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301 of 
        title 49, United States Code.
    (g) Pipeline Integrity Program.--Of the amounts available in the 
Oil Spill Liability Trust Fund established by section 9509 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be 
transferred to the Secretary of Transportation, as provided in 
appropriation Acts, to carry out programs for detection, prevention, 
and mitigation of oil spills for each of the fiscal years 2003 through 
2006.
    (h) Participating Agencies Defined.--In this section, the term 
``participating agencies'' means the Department of Transportation, the 
Department of Energy, and the National Institute of Standards and 
Technology.

SEC. 13. PIPELINE QUALIFICATION PROGRAMS.

    (a) Verification Program.--
            (1) In general.--Chapter 601 is further amended by adding 
        at the end the following:
``Sec. 60131. Verification of pipeline qualification programs
    ``(a) In General.--Subject to the requirements of this section, the 
Secretary of Transportation shall require the operator of a pipeline 
facility to develop and adopt a qualification program to ensure that 
the individuals who perform covered tasks are qualified to conduct such 
tasks.
    ``(b) Standards and Criteria.--
            ``(1) Development.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall ensure that the 
        Department of Transportation has in place standards and 
        criteria for qualification programs referred to in subsection 
        (a).
            ``(2) Contents.--The standards and criteria shall include 
        the following:
                    ``(A) The establishment of methods for evaluating 
                the acceptability of the qualifications of individuals 
                described in subsection (a).
                    ``(B) A requirement that pipeline operators develop 
                and implement written plans and procedures to qualify 
                individuals described in subsection (a) to a level 
                found acceptable using the methods established under 
                subparagraph (A) and evaluate the abilities of 
                individuals described in subsection (a) according to 
                such methods.
                    ``(C) A requirement that the plans and procedures 
                adopted by a pipeline operator under subparagraph (B) 
                be reviewed and verified under subsection (e).
    ``(c) Development of Qualification Programs by Pipeline 
Operators.--The Secretary shall require each pipeline operator to 
develop and adopt, not later than 2 years after the date of enactment 
of this section, a qualification program that complies with the 
standards and criteria described in subsection (b).
    ``(d) 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 described in subsection (a). The method may 
        include written examination, oral examination, observation 
        during on-the-job performance, on-the-job training, 
        simulations, and other forms of assessment. The method may not 
        be limited to observation of on-the-job performance, except 
        with respect to tasks for which the Secretary has determined 
        that such observation is the best method of examining or 
        testing qualifications. The Secretary shall ensure that the 
        results of any such observations are documented in writing.
            ``(2) A requirement that the operator complete the 
        qualification of all individuals described in subsection (a) 
        not later than 18 months after the date of adoption of the 
        qualification program.
            ``(3) A periodic requalification component that provides 
        for examination or testing of individuals in accordance with 
        paragraph (1).
            ``(4) A program to provide training, as appropriate, to 
        ensure that individuals performing covered tasks have the 
        necessary knowledge and skills to perform the tasks in a manner 
        that ensures the safe operation of pipeline facilities.
    ``(e) Review and Verification of Programs.--
            ``(1) In general.--The Secretary shall review the 
        qualification program of each pipeline operator and verify its 
        compliance with the standards and criteria described in 
        subsection (b) and that it includes the elements described in 
        subsection (d). The Secretary shall record the results of that 
        review for use in the next review of an operator's program.
            ``(2) Deadline for completion.--Reviews and verifications 
        under this subsection shall be completed not later than 3 years 
        after the date of the enactment of this section.
            ``(3) Inadequate programs.--If the Secretary decides that a 
        qualification program is inadequate for the safe operation of a 
        pipeline facility, the Secretary shall act as under section 
        60108(a)(2) to require the operator to revise the qualification 
        program.
            ``(4) Program modifications.--If the operator of a pipeline 
        facility significantly modifies a program that has been 
        verified under this subsection, the operator shall notify the 
        Secretary of the modifications. The Secretary shall review and 
        verify such modifications in accordance with paragraph (1).
            ``(5) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section if the waiver or modification is 
        not inconsistent with pipeline safety.
            ``(6) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards and criteria as 
        described in subsection (b), an operator of a pipeline facility 
        shall develop and adopt a qualification program that complies 
        with the requirement of subsection (b)(2)(B) and includes the 
        elements described in subsection (d) not later than 2 years 
        after the date of enactment of this section.
    ``(f) Intrastate Pipeline Facilities.--In the case of an intrastate 
pipeline facility operator, the duties and powers of the Secretary 
under this section with respect to the qualification program of the 
operator shall be vested in the appropriate State regulatory agency, 
consistent with this chapter.
    ``(g) 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 192.801 of title 49, Code 
        of Federal Regulations, including any subsequent modifications; 
        and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, including any subsequent modifications.
    ``(h) Report.--Not later than 4 years after the date of enactment 
of this section, the Secretary shall transmit to Congress a report on 
the status and results to date of the personnel qualification 
regulations issued under this chapter.''.
            (2) Conforming amendment.--The analysis for chapter 601 is 
        amended by adding at end the following:

``60131. Verification of pipeline qualification programs.''.
    (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.--The Secretary shall include in the report 
        required under section 60131(h), as added by subsection (a) of 
        this section, 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.
            (3) Computer-based systems defined.--In this subsection, 
        the term ``computer-based systems'' means supervisory control 
        and data acquisition systems.

SEC. 14. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS FOR GAS 
              PIPELINES.

    (a) In General.--Section 60109 is amended by adding at the end the 
following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement.--Each operator of a gas pipeline 
        facility shall conduct an analysis of the risks to each 
        facility of the operator located in an area identified pursuant 
        to subsection (a)(1) and defined in chapter 192 of title 49, 
        Code of Federal Regulations, including any subsequent 
        modifications, and shall adopt and implement a written 
        integrity management program for such facility to reduce the 
        risks.
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 12 months after 
                the date of enactment of this subsection, the Secretary 
                shall issue regulations prescribing standards to direct 
                an operator's conduct of a risk analysis and adoption 
                and implementation of an integrity management program 
                under this subsection. The regulations shall require an 
                operator to conduct a risk analysis and adopt an 
                integrity management program within a time period 
                prescribed by the Secretary, ending not later than 24 
                months after such date of enactment. Not later than 18 
                months after such date of enactment, each operator of a 
                gas pipeline facility shall begin a baseline integrity 
                assessment described in paragraph (3).
                    ``(B) Authority to issue regulations.--The 
                Secretary may satisfy the requirements of this 
                paragraph through the issuance of regulations under 
                this paragraph or under other authority of law.
            ``(3) Minimum requirements of integrity management 
        programs.--An integrity management program required under 
        paragraph (1) shall include, at a minimum, the following 
        requirements:
                    ``(A) A baseline integrity assessment of each of 
                the operator's facilities in areas identified pursuant 
                to subsection (a)(1) and defined in chapter 192 of 
                title 49, Code of Federal Regulations, including any 
                subsequent modifications, 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. The 
                operator shall complete such assessment not later than 
                10 years after the date of enactment of this 
                subsection. At least 50 percent of such facilities 
                shall be assessed not later than 5 years after such 
                date of enactment. The operator shall prioritize such 
                facilities for assessment based on all risk factors, 
                including any previously discovered defects or 
                anomalies and any history of leaks, repairs, or 
                failures. The operator shall ensure that assessments of 
                facilities with the highest risks are given priority 
                for completion and that such assessments will be 
                completed not later than 5 years after such date of 
                enactment.
                    ``(B) Subject to paragraph (5), periodic 
                reassessment of the facility, at a minimum of once 
                every 7 years, using methods described in subparagraph 
                (A).
                    ``(C) Clearly defined criteria for evaluating the 
                results of assessments conducted under subparagraphs 
                (A) and (B) and for taking actions based on such 
                results.
                    ``(D) 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.
                    ``(E) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by an evaluation conducted under subparagraph (C) or 
                the analysis conducted under subparagraph (D).
                    ``(F) A description of measures 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 
                to the extent not addressed by other regulations.
                    ``(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.
            ``(4) Treatment of baseline integrity assessments.--In the 
        case of a baseline integrity assessment conducted by an 
        operator in the period beginning on the date of enactment of 
        this subsection and ending on the date of issuance of 
        regulations under this subsection, the Secretary shall accept 
        the assessment as complete, and shall not require the operator 
        to repeat any portion of the assessment, if the Secretary 
        determines that the assessment was conducted in accordance with 
        the requirements of this subsection.
            ``(5) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reassessment of a facility under paragraph 
        (3)(B) 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.
            ``(6) Standards.--The standards prescribed by the Secretary 
        under paragraph (2) shall address each of the following 
        factors:
                    ``(A) The minimum requirements described in 
                paragraph (3).
                    ``(B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to the 
                minimum requirements of paragraph (3)(B).
                    ``(C) The manner in which the inspections or 
                testing are conducted.
                    ``(D) The criteria used in analyzing results of the 
                inspections or testing.
                    ``(E) The types of information sources that must be 
                integrated in assessing the integrity of a pipeline 
                facility as well as the manner of integration.
                    ``(F) The nature and timing of actions selected to 
                address the integrity of a pipeline facility.
                    ``(G) 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).
        In prescribing those standards, the Secretary shall ensure that 
        all inspections required are conducted in a manner that 
        minimizes environmental and safety risks, and shall take into 
        account the applicable level of protection established by 
        national consensus standards organizations.
            ``(7) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a pipeline 
        facility to include in an integrity management program under 
        this subsection--
                    ``(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.
            ``(8) Lack of regulations.--In the absence of regulations 
        addressing the elements of an integrity management program 
        described in this subsection, the operator of a pipeline 
        facility shall conduct a risk analysis and adopt and implement 
        an integrity management program described in this subsection 
        not later than 24 months after the date of enactment of this 
        subsection and shall complete the baseline integrity assessment 
        described in this subsection not later than 10 years after such 
        date of enactment. At least 50 percent of such facilities shall 
        be assessed not later than 5 years after such date of 
        enactment. The operator shall prioritize such facilities for 
        assessment based on all risk factors, including any previously 
        discovered defects or anomalies and any history of leaks, 
        repairs, or failures. The operator shall ensure that 
        assessments of facilities with the highest risks are given 
        priority for completion and that such assessments will be 
        completed not later than 5 years after such date of enactment.
            ``(9) 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 does not comply 
                        with the requirements of this subsection or 
                        regulations issued as described in paragraph 
                        (2), or 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. The Secretary shall review 
                any such amendment in accordance with this paragraph.
                    ``(C) Transmittal of programs to state 
                authorities.--The Secretary shall provide a copy of 
                each 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.
            ``(10) 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 integrity management program pursuant to paragraph 
        (9), 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 
        consider carefully the State's proposals and work in 
        consultation with the States and operators to address safety 
        concerns.
            ``(11) 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) Evaluation of Integrity Management Regulations.--Not later 
than 4 years after the date of enactment of this subsection, the 
Comptroller General shall 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 as described in subsection (c)(2).''.
    (c) 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).''.
    (d) Study of Reassessment Intervals.--
            (1) Study.--The Comptroller General shall conduct a study 
        to evaluate the 7-year reassessment interval required by 
        section 60109(c)(3)(B) of title 49, United States Code, as 
        added by subsection (a) of this section.
            (2) Report.--Not later than 4 years after the date of the 
        enactment of this Act, the Comptroller General shall transmit 
        to Congress a report on the results of the study conducted 
        under paragraph (1).

SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60132. National pipeline mapping system
    ``(a) Information To Be Provided.--Not later than 6 months after 
the date of enactment of this section, the operator of a pipeline 
facility (except distribution lines and gathering lines) shall provide 
to the Secretary of Transportation the following information with 
respect to the facility:
            ``(1) Geospatial data appropriate for use in the National 
        Pipeline Mapping System or data in a format that can be readily 
        converted to geospatial data.
            ``(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 by emergency response 
personnel responding to pipeline emergencies.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60132. National pipeline mapping system.''.

SEC. 16. COORDINATION OF ENVIRONMENTAL REVIEWS.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60133. Coordination of environmental reviews
    ``(a) Interagency Committee.--
            ``(1) Establishment and purpose.--Not later than 30 days 
        after the date of enactment of this section, the President 
        shall establish an Interagency Committee to develop and ensure 
        implementation of a coordinated environmental review and 
        permitting process in order to enable pipeline operators to 
        commence and complete all activities necessary to carry out 
        pipeline repairs within any time periods specified by rule by 
        the Secretary.
            ``(2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) shall 
        chair the Interagency Committee, which shall consist of 
        representatives of Federal agencies with responsibilities 
        relating to pipeline repair projects, including each of the 
        following persons (or a designee thereof):
                    ``(A) The Secretary of Transportation.
                    ``(B) The Administrator of the Environmental 
                Protection Agency.
                    ``(C) The Director of the United States Fish and 
                Wildlife Service.
                    ``(D) The Assistant Administrator for Fisheries of 
                the National Oceanic and Atmospheric Administration.
                    ``(E) The Director of the Bureau of Land 
                Management.
                    ``(F) The Director of the Minerals Management 
                Service.
                    ``(G) The Assistant Secretary of the Army for Civil 
                Works.
                    ``(H) The Chairman of the Federal Energy Regulatory 
                Commission.
            ``(3) Evaluation.--The Interagency Committee shall evaluate 
        Federal permitting requirements to which access, excavation, 
        and restoration activities in connection with pipeline repairs 
        described in paragraph (1) may be subject. As part of its 
        evaluation, the Interagency Committee shall examine the access, 
        excavation, and restoration practices of the pipeline industry 
        in connection with such pipeline repairs, and may develop a 
        compendium of best practices used by the industry to access, 
        excavate, and restore the site of a pipeline repair.
            ``(4) Memorandum of understanding.--Based upon the 
        evaluation required under paragraph (3) and not later than 1 
        year after the date of enactment of this section, the members 
        of the Interagency Committee shall enter into a memorandum of 
        understanding to provide for a coordinated and expedited 
        pipeline repair permit review process to carry out the purpose 
        set forth in paragraph (1). The Interagency Committee shall 
        include provisions in the memorandum of understanding 
        identifying those repairs or categories of repairs described in 
        paragraph (1) for which the best practices identified under 
        paragraph (3), when properly employed by a pipeline operator, 
        would result in no more than minimal adverse effects on the 
        environment and for which discretionary administrative reviews 
        may therefore be minimized or eliminated. With respect to 
        pipeline repairs described in paragraph (1) to which the 
        preceding sentence would not be applicable, the Interagency 
        Committee shall include provisions to enable pipeline operators 
        to commence and complete all activities necessary to carry out 
        pipeline repairs within any time periods specified by rule by 
        the Secretary. The Interagency Committee shall include in the 
        memorandum of understanding criteria under which permits 
        required for such pipeline repair activities should be 
        prioritized over other less urgent agency permit application 
        reviews. The Interagency Committee shall not enter into a 
        memorandum of understanding under this paragraph except by 
        unanimous agreement of the members of the Interagency 
        Committee.
            ``(5) State and local consultation.--In carrying out this 
        subsection, the Interagency Committee shall consult with 
        appropriate State and local environmental, pipeline safety, and 
        emergency response officials, and such other officials as the 
        Interagency Committee considers appropriate.
    ``(b) Implementation.--Not later than 180 days after the completion 
of the memorandum of understanding required under subsection (a)(4), 
each agency represented on the Interagency Committee shall revise its 
regulations as necessary to implement the provisions of the memorandum 
of understanding.
    ``(c) Savings Provisions; No Preemption.--Nothing in this section 
shall be construed--
            ``(1) to require a pipeline operator to obtain a Federal 
        permit, if no Federal permit would otherwise have been required 
        under Federal law; or
            ``(2) to preempt applicable Federal, State, or local 
        environmental law.
    ``(d) Interim Operational Alternatives.--
            ``(1) In general.--Not later than 30 days after the date of 
        enactment of this section, and subject to the limitations in 
        paragraph (2), the Secretary of Transportation shall revise the 
        regulations of the Department, to the extent necessary, to 
        permit a pipeline operator subject to time periods for repair 
        specified by rule by the Secretary to implement alternative 
        mitigation measures until all applicable permits have been 
        granted.
            ``(2) Limitations.--The regulations issued by the Secretary 
        pursuant to this subsection shall not allow an operator to 
        implement alternative mitigation measures pursuant to paragraph 
        (1) unless--
                    ``(A) allowing the operator to implement such 
                measures would be consistent with the protection of 
                human health, public safety, and the environment;
                    ``(B) the operator, with respect to a particular 
                repair project, has applied for and is pursuing 
                diligently and in good faith all required Federal, 
                State, and local permits to carry out the project; and
                    ``(C) the proposed alternative mitigation measures 
                are not incompatible with pipeline safety.
    ``(e) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving disagreements 
between Federal, State, and local permitting agencies and the pipeline 
operator during agency review of any pipeline repair activity, 
consistent with protection of human health, public safety, and the 
environment.
    ``(f) State and Local Permitting Processes.--The Secretary shall 
encourage States and local governments to consolidate their respective 
permitting processes for pipeline repair projects subject to any time 
periods for repair specified by rule by the Secretary. The Secretary 
may request other relevant Federal agencies to provide technical 
assistance to States and local governments for the purpose of 
encouraging such consolidation.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60133. Coordination of environmental reviews.''.

SEC. 17. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

    Within 1 year after the date of the enactment of this Act, the 
Secretary of Transportation shall, in conjunction with the Federal 
Communications Commission, facility operators, excavators, and one-call 
notification system operators, provide for the establishment of a 3-
digit nationwide toll-free telephone number system to be used by State 
one-call notification systems.

SEC. 18. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--Except as otherwise required by this Act, the 
Secretary of Transportation shall implement the safety improvement 
recommendations provided for in the Department of Transportation 
Inspector General's Report (RT-2000-069).
    (b) Reports by the Secretary.--Not later than 90 days after the 
date of enactment of this Act, and every 90 days thereafter until each 
of the recommendations referred to in subsection (a) has been 
implemented, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce of the House 
of Representatives a report on the specific actions taken to implement 
such recommendations.
    (c) Reports by the Inspector General.--The Inspector General shall 
periodically transmit to the committees referred to in subsection (b) a 
report assessing the Secretary's progress in implementing the 
recommendations referred to in subsection (a) and identifying options 
for the Secretary to consider in accelerating recommendation 
implementation.

SEC. 19. NTSB SAFETY RECOMMENDATIONS.

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

SEC. 20. MISCELLANEOUS AMENDMENTS.

    (a) General Authority and Purpose.--
            (1) In general.--Section 60102(a) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by striking ``(a)(1)'' and all that follows 
                through ``The Secretary of Transportation'' and 
                inserting the following:
    ``(a) Purpose and Minimum Safety Standards.--
            ``(1) Purpose.--The purpose of this chapter is to provide 
        adequate protection against risks to life and property posed by 
        pipeline transportation and pipeline facilities by improving 
        the regulatory and enforcement authority of the Secretary of 
        Transportation.
            ``(2) Minimum safety standards.--The Secretary'';
                    (C) by moving the remainder of the text of 
                paragraph (2) (as so redesignated), including 
                subparagraphs (A) and (B) but excluding subparagraph 
                (C), 2 ems to the right; and
                    (D) in paragraph (3) (as so redesignated) by 
                inserting ``Qualifications of pipeline operators.--'' 
                before ``The qualifications''.
            (2) Conforming amendments.--Chapter 601 is amended--
                    (A) by striking the heading for section 60102 and 
                inserting the following:
``Sec. 60102. Purpose and general authority''; and
                    (B) in the analysis for such chapter by striking 
                the item relating to section 60102 and inserting the 
                following:

``60102. Purpose and general authority.''.
    (b) Conflicts of Interest.--Section 60115(b)(4) is amended by 
adding at the end the following:
    ``(D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in the 
pipeline, petroleum, or gas industry.''.

SEC. 21. TECHNICAL AMENDMENTS.

    Chapter 601 is amended--
            (1) in section 60110(b) by striking ``circumstances'' and 
        all that follows through ``operator'' and inserting the 
        following: ``circumstances, if any, under which an operator'';
            (2) in section 60114 by redesignating subsection (d) as 
        subsection (c);
            (3) in section 60122(a)(1) by striking ``section 60114(c)'' 
        and inserting ``section 60114(b)''; and
            (4) in section 60123(a) by striking ``60114(c)'' and 
        inserting ``60114(b)''.

SEC. 22. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for section 60107) related to gas and hazardous liquid, the following 
amounts are authorized to be appropriated to the Department of 
Transportation:
            ``(1) $45,800,000 for fiscal year 2003, of which 
        $31,900,000 is to be derived from user fees for fiscal year 
        2003 collected under section 60301 of this title.
            ``(2) $46,800,000 for fiscal year 2004, of which 
        $35,700,000 is to be derived from user fees for fiscal year 
        2004 collected under section 60301 of this title.
            ``(3) $47,100,000 for fiscal year 2005, of which 
        $41,100,000 is to be derived from user fees for fiscal year 
        2005 collected under section 60301 of this title.
            ``(4) $50,000,000 for fiscal year 2006, of which 
        $45,000,000 is to be derived from user fees for fiscal year 
        2006 collected under section 60301 of this title.''.
    (b) State Grants.--Section 60125 is amended--
            (1) by striking subsections (b), (d), and (f) and 
        redesignating subsection (c) as subsection (b); and
            (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
            ``(A) $19,800,000 for fiscal year 2003, of which 
        $14,800,000 is to be derived from user fees for fiscal year 
        2003 collected under section 60301 of this title.
            ``(B) $21,700,000 for fiscal year 2004, of which 
        $16,700,000 is to be derived from user fees for fiscal year 
        2004 collected under section 60301 of this title.
            ``(C) $24,600,000 for fiscal year 2005, of which 
        $19,600,000 is to be derived from user fees for fiscal year 
        2005 collected under section 60301 of this title.
            ``(D) $26,500,000 for fiscal year 2006, of which 
        $21,500,000 is to be derived from user fees for fiscal year 
        2006 collected under section 60301 of this title.''.
    (c) Oil Spills; Emergency Response Grants.--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, as provided in appropriation Acts, to 
carry out programs authorized in this chapter for each of fiscal years 
2003 through 2006.
    ``(d) Emergency Response Grants.--
            ``(1) In general.--The Secretary may establish a program 
        for making grants to State, county, and local governments in 
        high consequence areas, as defined by the Secretary, for 
        emergency response management, training, and technical 
        assistance.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated $6,000,000 for each of fiscal years 2003 
        through 2006 to carry out this subsection.''.
    (d) Conforming Amendment.--Section 60125(e) is amended by striking 
``or (b) of this section''.

SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(m) Inspections by Direct Assessment.--Not later than 1 year 
after the date of the enactment of this subsection, the Secretary shall 
issue regulations prescribing standards for inspection of a pipeline 
facility by direct assessment.''.

SEC. 24. STATE PIPELINE SAFETY ADVISORY COMMITTEES.

    Within 90 days after receiving recommendations for improvements to 
pipeline safety from an advisory committee appointed by the Governor of 
any State, the Secretary of Transportation shall respond in writing to 
the committee setting forth what action, if any, the Secretary will 
take on those recommendations and the Secretary's reasons for acting or 
not acting upon any of the recommendations.

SEC. 25. PIPELINE BRIDGE RISK STUDY.

    (a) In General.--The Secretary of Transportation shall conduct a 
study to determine whether cable-suspension pipeline bridges pose 
structural or other risks warranting particularized attention in 
connection with pipeline operators risk assessment programs and whether 
particularized inspection standards need to be developed by the 
Department of Transportation to recognize the peculiar risks posed by 
such bridges.
    (b) Public Participation and Comments.--In conducting the study, 
the Secretary shall provide, to the maximum extent practicable, for 
public participation and comment and shall solicit views and comments 
from the public and interested persons, including participants in the 
pipeline industry with knowledge and experience in inspection of 
pipeline facilities.
    (c) Completion and Report.--Within 2 years after the date of 
enactment of this Act, the Secretary shall complete the study and 
transmit to Congress a report detailing the results of the study.
    (d) Funding.--The Secretary may carry out this section using only 
amounts that are specifically appropriated to carry out this section.

SEC. 26. STUDY AND REPORT ON NATURAL GAS PIPELINE AND STORAGE 
              FACILITIES IN NEW ENGLAND.

    (a) Study.--The Federal Energy Regulatory Commission, in 
consultation with the Department of Energy, shall conduct a study on 
the natural gas pipeline transmission network in New England and 
natural gas storage facilities associated with that network.
    (b) Consideration.--In carrying out the study, the Commission shall 
consider the ability of natural gas pipeline and storage facilities in 
New England to meet current and projected demand by gas-fired power 
generation plants and other consumers.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Federal Energy Regulatory Commission shall prepare and 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report containing the results of the study conducted 
under subsection (a), including recommendations for addressing 
potential natural gas transmission and storage capacity problems in New 
England.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                               H. R. 3609

_______________________________________________________________________

                               AMENDMENT