[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3609 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 3609

_______________________________________________________________________

                                 AN ACT


 
  To amend title 49, United States Code, to enhance the security and 
                          safety of pipelines.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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

    (a) Short Title.--This Act may be cited as the ``Pipeline 
Infrastructure Protection to Enhance Security and Safety Act''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; table 
                            of contents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Protection of employees providing pipeline safety information.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.
Sec. 21. Pipeline bridge risk study.
Sec. 22. State oversight role.

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 2002 through 2005. 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. 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) 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) For purposes of 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 paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary 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 
                        paragraphs (1) through (4) of subsection (a) 
                        was a contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 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 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 chapter analysis for chapter 601 is 
amended by adding at the end the following:

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

SEC. 5. 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 potentially unsafe 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 unsafe condition.''.

SEC. 6. PENALTIES.

    (a) Pipeline Facilities Hazardous to Life and Property.--
            (1) General authority.--Section 60112(a) is amended to read 
        as follows:
    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may 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) 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) 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) 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).

SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

    (a) Grant Authority.--(1) 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 pipelines in local communities. The Secretary shall establish 
competitive procedures for awarding grants under this section, and 
criteria for selection of 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) For purposes of this subsection, the term ``technical 
assistance'' means engineering and other scientific analysis of 
pipeline safety issues, including the promotion of public participation 
in Department of Transportation and other official processes, 
commenting on Department of Transportation proposals, and participating 
in official Federal standard setting processes.
    (b) Prohibited Uses.--Funds provided under this section may not be 
used for lobbying or in direct support of litigation.
    (c) Authorization of Appropriations.--There are 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.

SEC. 8. POPULATION ENCROACHMENT.

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

SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    (a) Establishment of Cooperative Program.--
            (1) In general.--The heads of the participating agencies 
        shall develop and implement a program of research, development, 
        demonstration, and standardization to ensure the integrity of 
        energy pipelines and next-generation pipelines.
            (2) Elements.--The program shall include research, 
        development, demonstration, and standardization activities 
        related to--
                    (A) materials inspection;
                    (B) 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;
                    (C) internal inspection and leak detection 
                technologies, including detection of leaks at very low 
                volumes;
                    (D) methods of analyzing content of pipeline 
                throughput;
                    (E) 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;
                    (F) risk assessment methodology, including 
                vulnerability assessment and reduction of third-party 
                damage;
                    (G) communication, control, and information systems 
                surety;
                    (H) fire safety of pipelines;
                    (I) improved excavation, construction, and repair 
                technologies; and
                    (J) other elements the heads of the participating 
                agencies consider appropriate.
            (3) Activities and capabilities report.--Not later than 6 
        months after the date of the enactment of this Act, the 
        participating agencies shall transmit to the Congress a report 
        on the existing activities and capabilities of the 
        participating agencies, including the national laboratories. 
        The report shall include the results of a survey by the 
        participating agencies of any activities of other Federal 
        agencies that are relevant to or could supplement existing 
        research, development, demonstration, and standardization 
        activities under the program created under this section.
    (b) Program Plan.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the participating agencies 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 Pipeline Integrity Technical Advisory 
        Committee established under subsection (c) for review, and the 
        report to Congress shall include the comments of the Advisory 
        Committee. The 5-year program plan shall take into account 
        related activities of Federal agencies that are not 
        participating agencies.
            (2) Consultation.--In preparing the program plan, the 
        participating agencies shall consult with appropriate 
        representatives of State and local government and the private 
        sector, including companies owning energy pipelines and 
        developers of next-generation pipelines, to help establish 
        program priorities.
            (3) Advice from other entities.--In preparing the program 
        plan, the participating agencies shall also seek the advice of 
        other Federal agencies, utilities, manufacturers, institutions 
        of higher learning, pipeline research institutions, national 
        laboratories, environmental organizations, pipeline safety 
        advocates, professional and technical societies, and any other 
        appropriate entities.
    (c) Pipeline Integrity Technical Advisory Committee.--
            (1) Establishment.--The participating agencies shall 
        establish and manage a Pipeline Integrity Technical Advisory 
        Committee (in this subsection referred to as the ``Advisory 
        Committee''). The Advisory Committee shall be established not 
        later than 6 months after the date of the enactment of this 
        Act.
            (2) Duties.--The Advisory Committee shall--
                    (A) advise the participating agencies on the 
                development and implementation of the program plan 
                prepared under subsection (b); and
                    (B) have a continuing role in evaluating the 
                progress and results of research, development, 
                demonstration, and standardization activities carried 
                out under this section.
            (3) Membership.--
                    (A) Appointment.--The Advisory Committee shall be 
                composed of--
                            (i) 3 members appointed by the Secretary of 
                        Energy;
                            (ii) 3 members appointed by the Secretary 
                        of Transportation; and
                            (iii) 3 members appointed by the Director 
                        of the National Institute of Standards and 
                        Technology.
                In making appointments, the participating agencies 
                shall seek recommendations from the National Academy of 
                Sciences.
                    (B) Qualifications.--Members appointed to the 
                Advisory Committee shall have experience or be 
                technically qualified, by training or knowledge, in the 
                operations of the pipeline industry, and have 
                experience in the research and development of pipeline 
                or related technologies.
                    (C) Compensation.--The members of the Advisory 
                Committee shall serve without compensation, but shall 
                receive travel expenses, including per diem in lieu of 
                subsistence, in accordance with sections 5702 and 5703 
                of title 5, United States Code.
            (4) Meetings.--The Advisory Committee shall meet at least 4 
        times each year.
            (5) Termination.--The Advisory Committee shall terminate 5 
        years after its establishment.
    (d) Reports to Congress.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the participating 
agencies shall each transmit to the Congress a report on the status and 
results to date of the implementation of their portion of the program 
plan prepared under subsection (b).
    (e) Memorandum of Understanding.--Not later than 120 days after the 
date of the enactment of this Act, the participating agencies shall 
enter into a memorandum of understanding detailing their respective 
responsibilities under this Act, consistent with the activities and 
capabilities identified under subsection (a)(3). Each of the 
participating agencies shall have the primary responsibility for 
ensuring that the elements of the program plan within its jurisdiction 
are implemented in accordance with this section. The Department of 
Transportation's responsibilities shall reflect its expertise in 
pipeline inspection and information systems surety. The Department of 
Energy's responsibilities shall reflect its expertise in low-volume 
leak detection and surveillance technologies. The National Institute of 
Standards and Technology's responsibilities shall reflect its expertise 
in standards and materials research.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) to the Secretary of Energy $10,000,000;
            (2) to the Secretary of Transportation $5,000,000; and
            (3) to the National Institute of Standards and Technology 
        $5,000,000,
for each of the fiscal years 2003 through 2007 for carrying out this 
section.
    (g) Definitions.--For purposes of this section--
            (1) the term ``energy pipeline'' means a pipeline system 
        used in the transmission or local distribution of natural gas 
        (including liquefied natural gas), crude oil, or refined 
        petroleum products;
            (2) the term ``next-generation pipeline'' means a 
        transmission or local distribution pipeline system designed to 
        transmit energy or energy-related products, in liquid or 
        gaseous form, other than energy pipelines;
            (3) the term ``participating agencies'' means the 
        Department of Energy, the Department of Transportation, and the 
        National Institute of Standards and Technology; and
            (4) the term ``pipeline'' means an energy pipeline or a 
        next-generation pipeline.

SEC. 10. PIPELINE QUALIFICATION PROGRAMS.

    (a) Verification Program.--
            (1) In general.--Chapter 601 is further amended by adding 
        at the end the following:
``Sec. 60130. 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.--Not later than 2 years after the date of the enactment of 
this section, the Secretary shall require a pipeline operator to 
develop and adopt 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). Such 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 includes the elements described in 
        paragraphs (1) through (3) of 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 seeks to modify significantly a program that has been 
        verified under this subsection, the operator shall submit the 
        modifications to the Secretary for review and verification.
            ``(5) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
            ``(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 paragraphs (1) through (3) of subsection 
        (d) not later than 2 years after the date of enactment of this 
        section.
    ``(f) 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, as in effect on the date of enactment 
        of this section; and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, as in effect on the date of enactment of this section.
    ``(g) Report.--Not later than 5 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:

``60130. 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 60130(g), 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) Definition.--For purposes of this subsection, the term 
        ``computer-based systems'' means supervisory control and data 
        acquisition systems (SCADA).

SEC. 11. ADDITIONAL GAS PIPELINE PROTECTIONS.

    (a) Risk Analysis and Integrity Management Programs.--Section 60109 
is amended by adding at the end the following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement.--Each operator of a gas pipeline 
        facility shall conduct an analysis of the risks to each 
        facility of the operator in an area identified pursuant to 
        subsection (a)(1), and shall adopt and implement a written 
        integrity management program for such facility to reduce the 
        risks.
            ``(2) Regulations.--Not later than 18 months after the date 
        of the 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 the conduct of the risk analysis and 
        adoption of the integrity management program to occur within a 
        time period prescribed by the Secretary, not to exceed 1 year 
        after the issuance of such 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), to be completed not later than 10 
                years after the date of the adoption of the integrity 
                management program, by internal inspection device, 
                pressure testing, direct assessment, or an alternative 
                method that the Secretary determines would provide an 
                equal or greater level of safety.
                    ``(B) Subject to paragraph (4), 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 reassessments conducted under subparagraph 
                (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) 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.
            ``(5) 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.
            ``(6) 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.
            ``(7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards as described in 
        paragraph (2), an operator of a pipeline facility shall conduct 
        a risk analysis and adopt and implement an integrity management 
        program under paragraph (1) not later than 30 months after the 
        date of the enactment of this subsection.
            ``(8) 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.
                    ``(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.
            ``(9) 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 
        (8), 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.
            ``(10) 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 5 years after the date of enactment of this subsection, the 
Secretary shall complete an assessment and evaluation of the effects on 
public safety and the environment of the 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 Secretary of Transportation 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 5 years after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study conducted under paragraph 
        (1).

SEC. 12. SECURITY OF PIPELINE FACILITIES.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60131. Security of pipeline facilities
    ``(a) Rulemaking Requirement.--The Secretary of Transportation, not 
later than 60 days after the date of the enactment of this section, 
after consultation with any appropriate Federal, State, or 
nongovernmental entities, shall commence a rulemaking to require 
effective security measures which the Secretary determines are 
necessary to be adopted against acts of terrorism or sabotage directed 
against waterfront liquefied natural gas plants, capable of receiving 
liquefied natural gas tankers, located in or within 1 mile of a densely 
populated urban area. Within 1 year after the date of the enactment of 
this section, the Secretary of Transportation shall issue a final rule.
    ``(b) Factors To Be Considered.--Regulations issued under 
subsection (a) shall take into account--
            ``(1) the events of September 11, 2001;
            ``(2) the potential for attack on facilities by multiple 
        coordinated teams totaling in the aggregate a significant 
        number of individuals;
            ``(3) the potential for assistance in an attack from 
        several persons employed at the facility;
            ``(4) the potential for suicide attacks;
            ``(5) water-based and air-based threats;
            ``(6) the potential use of explosive devices of 
        considerable size and other modern weaponry;
            ``(7) the potential for attacks by persons with a 
        sophisticated knowledge of facility operations;
            ``(8) the threat of fires and large explosions; and
            ``(9) special threats and vulnerabilities affecting 
        facilities located in or within 1 mile of a densely populated 
        urban area.
    ``(c) Requirements.--Regulations issued under subsection (a) shall 
establish requirements for waterfront liquefied natural gas plants, 
capable of receiving liquefied natural gas tankers, relating to 
construction, operation, security procedures, and emergency response, 
and shall require conforming amendments to applicable standards and 
rules.
    ``(d) Operational Security Response Evaluation.--(1) Regulations 
issued under subsection (a) shall include the establishment of policies 
and procedures by the Secretary of Transportation, which shall ensure 
that the operational security response of each facility described in 
paragraph (2) is tested at least once every 2 years through the use of 
force-on-force exercises to determine whether the threat factors 
identified in regulations issued under subsection (a) have been 
adequately addressed.
    ``(2) Facilities subject to testing under paragraph (1) include 
waterfront liquefied natural gas plants, capable of receiving liquefied 
natural gas tankers, located in or within 1 mile of a densely populated 
urban area, and associated support facilities and equipment.
    ``(e) Review and Revision.--Regulations issued under subsection (a) 
shall be reviewed and revised as appropriate at least once every 5 
years.
    ``(f) Definitions.--For purposes of this section, the term `densely 
populated urban area' means an area with a population density of more 
than 10,000 people per square mile.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60131. Security of pipeline facilities.''.

SEC. 13. 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. 14. 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. 15. 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. 16. RECOMMENDATIONS AND RESPONSES.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60134. Recommendations and responses
    ``(a) Response Requirement.--Whenever the Office of Pipeline Safety 
has received recommendations from the National Transportation Safety 
Board regarding pipeline safety, it shall submit a formal written 
response to each such recommendation within 90 days after receiving the 
recommendation. The response shall indicate whether the Office 
intends--
            ``(1) to carry out procedures to adopt the complete 
        recommendations;
            ``(2) to carry out procedures to adopt a part of the 
        recommendations; or
            ``(3) to refuse to carry out procedures to adopt the 
        recommendations.
    ``(b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under subsection (a)(1) or (2) shall include a 
copy of a proposed timetable for completing the procedures. A response 
under subsection (a)(2) shall detail the reasons for the refusal to 
carry out procedures on the remainder of the recommendations. A 
response under subsection (a)(3) shall detail the reasons for the 
refusal to carry out procedures to adopt the recommendations.
    ``(c) Public Availability.--The Office shall make a copy of each 
recommendation and response available to the public, including in 
electronic form.
    ``(d) Reports to Congress.--The Office shall submit to Congress on 
January 1 of each year a report describing each recommendation on 
pipeline safety made by the National Transportation Safety Board to the 
Office during the prior year and the Office's response to each 
recommendation.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60134. Recommendations and responses.''.

SEC. 17. MISCELLANEOUS AMENDMENTS.

    (a) Protection of Public Health, Welfare, and the Environment.--
Section 60102(a)(1) is amended by inserting ``in order to protect 
public health and welfare and the environment from reasonably 
anticipated threats that could be posed by such transportation and 
facilities'' after ``and for pipeline facilities''.
    (b) Conflicts of Interest.--Section 60115(b)(4) is amended by 
adding at the end the following new subparagraph:
    ``(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. 18. TECHNICAL AMENDMENTS.

    Chapter 601 is amended--
            (1) in section 60102(a)--
                    (A) by striking ``(a)(1)'' and all that follows 
                through ``The Secretary of Transportation'' and 
                inserting the following:
    ``(a) Minimum Safety Standards.--
            ``(1) In general.--The Secretary of Transportation'';
                    (B) by moving the remainder of the text of 
                paragraph (1), including subparagraphs (A) and (B) but 
                excluding subparagraph (C), 2 ems to the right; and
                    (C) in paragraph (2) by inserting ``Qualifications 
                of pipeline operators.--'' before ``The 
                qualifications'';
            (2) in section 60110(b) by striking ``circumstances'' and 
        all that follows through ``operator'' and inserting the 
        following: ``circumstances, if any, under which an operator'';
            (3) in section 60114 by redesignating subsection (d) as 
        subsection (c);
            (4) in section 60122(a)(1) by striking ``section 60114(c)'' 
        and inserting ``section 60114(b)''; and
            (5) in section 60123(a) by striking ``60114(c)'' and 
        inserting ``60114(b)''.

SEC. 19. 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 subsections (c) and (e) as subsections (b) and 
        (c), respectively; 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) Emergency Response Grants.--Section 60125 is amended by adding 
after subsection (c) (as redesignated by subsection (b)(1) of this 
section) the following:
    ``(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 are 
        authorized to be appropriated $6,000,000 for each of fiscal 
        years 2003, 2004, and 2005 to carry out this subsection.''.
    (d) Conforming Amendment.--Section 60125(c) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.

SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following new subsection:
    ``(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. 21. PIPELINE BRIDGE RISK STUDY.

    (a) Initiation.--Within 90 days after the date of enactment of this 
Act, the Secretary of Transportation shall initiate 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.

SEC. 22. 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 
        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 
        Infrastructure Protection to Enhance Security and Safety Act 
        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).

            Passed the House of Representatives July 23, 2002.

            Attest:

                                                                 Clerk.
107th CONGRESS

  2d Session

                               H. R. 3609

_______________________________________________________________________

                                 AN ACT

  To amend title 49, United States Code, to enhance the security and 
                          safety of pipelines.