[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3609 Enrolled Bill (ENR)]

        H.R.3609

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 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.

    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.