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







107th CONGRESS
  1st Session
                                H. R. 3609

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2001

Mr. Young of Alaska (for himself, Mr. Tauzin, Mr. Petri, Mr. Barton of 
  Texas, Mr. Sandlin, Mr. Carson of Oklahoma, and Mr. Hall of Texas) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the Committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to 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.--

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. Public education programs.
Sec. 5. Safety orders and security recommendations.
Sec. 6. Penalties.
Sec. 7. Risk management.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Certification of pipeline controller qualification programs.
Sec. 11. Security of pipeline facilities.
Sec. 12. National pipeline mapping system.
Sec. 13. Coordination of environmental reviews.
Sec. 14. Pipeline security-sensitive information.
Sec. 15. Technical amendments.
Sec. 16. Authorization of appropriations.

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 2002 through 
        2005''.
            (2) For administration.--Section 6107(b) is amended by 
        striking ``for fiscal years 1999, 2000, and 2001'' and 
        inserting ``for fiscal years 2002 through 2005''.

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''; and
            (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''.

SEC. 4. PUBLIC EDUCATION PROGRAMS.

    (a) Security and Safety Standards.--Section 60102(b) is amended--
            (1) in the subsection heading by striking ``Practicability 
        and Safety Needs Standards'' and inserting ``Security and 
        Safety Standards'';
            (2) in paragraph (1)(B)(i)--
                    (A) by striking ``safety'' and inserting ``safety 
                and security'';
                    (B) by striking ``safely'' and inserting ``safely 
                and securely'';
            (3) in paragraph (2)(A)--
                    (A) by striking ``and'' at the end of clause (ii);
                    (B) by adding ``and'' at the end of clause (iii); 
                and
                    (C) by adding at the end the following:
                            ``(iv) security information;'';
            (4) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(H) the comments and recommendations of the Office of 
        Homeland Security and the Transportation Security 
        Administration.''; and
            (5) in paragraph (3)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) assess the vulnerabilities of pipeline 
                facilities to terrorist attacks.''.
    (b) Public Safety Program Requirements.--Section 60102(c) is 
amended to read as follows:
    ``(c) Public Safety Program Requirements.--
            ``(1) In general.--The Secretary shall include in the 
        standards prescribed under subsection (a) a requirement that 
        the operator of a pipeline facility participate in a public 
        safety program that--
                    ``(A) notifies an operator of proposed demolition, 
                excavation, tunneling, or construction near or 
                affecting the facility;
                    ``(B) requires an operator to identify a pipeline 
                facility that may be affected by the proposed 
                demolition, excavation, tunneling, or construction, to 
                prevent damaging the facility; and
                    ``(C) the Secretary decides will protect a facility 
                adequately against a hazard caused by demolition, 
                excavation, tunneling, or construction.
            ``(2) Comparable services.--To the extent a public safety 
        program referred to in paragraph (1) is not available, the 
        Secretary shall prescribe standards requiring an operator to 
        take action to provide services comparable to services that 
        would be available under a public safety program.
            ``(3) Promoting public safety.--
                    ``(A) Provision of map to municipalities.--The 
                operator of a hazardous liquid or interstate gas 
pipeline facility shall provide on an annual basis to the governing 
body of each municipality in which the facility is located, a map 
identifying the location of the facility.
                    ``(B) Survey.--The Secretary shall periodically 
                survey and assess the public education programs under 
                section 60116 and the public safety programs under this 
                subsection and determine their effectiveness and 
                applicability as components of a model program. In 
                particular, the survey shall include--
                            ``(i) the methods by which operators notify 
                        residents of the location of the facility and 
                        its right of way;
                            ``(ii) public information regarding 
                        existing One-Call programs; and
                            ``(iii) appropriate procedures to be 
                        followed by residents of affected 
                        municipalities in the event of accidents 
                        involving interstate pipeline facilities.
                    ``(C) Rulemaking.--The Secretary shall institute a 
                rulemaking to determine the most effective public 
                safety and education program components and promulgate 
                standards implementing those components on a nationwide 
                basis. Such standards shall establish appropriate 
                limitations on access to maps provided under 
                subparagraph (A) based on the need for security of the 
                information.
                    ``(D) Technical assistance.--The Secretary may 
                provide technical assistance to State and local 
                officials in applying practices developed as part of 
                the programs required under this subsection and section 
                60116 to their activities to educate and promote 
                pipeline safety with the public.''.

SEC. 5. SAFETY ORDERS AND SECURITY RECOMMENDATIONS.

    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.
    ``(m) Security Recommendations.--If the Secretary decides that a 
pipeline facility has a vulnerability to terrorist attacks, the 
Secretary may recommend that the operator of the facility take 
necessary actions to eliminate or reduce the vulnerability.''.

SEC. 6. PENALTIES.

    (a) Civil Penalties.--Section 60122(a)(1) is amended--
            (1) by striking ``$25,000'' and inserting ``$50,000''; and
            (2) by striking ``$500,000'' and inserting ``$750,000''.
    (b) Criminal Penalties.--Section 60123(b) is amended by inserting 
``as an act of terrorism or for any other purpose'' before ``shall be 
fined''.

SEC. 7. RISK MANAGEMENT.

    Section 60126 is amended--
            (1) in the heading for subsection (a) by striking 
        ``Demonstration'';
            (2) in subsection (e) by inserting ``and periodically 
        thereafter,'' after ``March 1, 2000,''; and
            (3) by striking ``demonstration'' each place it appears in 
        the section.

SEC. 8. POPULATION ENCROACHMENT.

    Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment
    ``(a) Study.--The Secretary of Transportation, in consultation with 
appropriate Federal agencies and State and local governments, shall 
undertake a study of land use practices and zoning ordinances with 
regard to pipeline rights-of-way.
    ``(b) Purpose of Study.--The purpose of the study shall be to 
gather information on land use practices and zoning ordinances--
            ``(1) to determine effective practices to limit 
        encroachment on existing pipeline rights-of-way;
            ``(2) to address and prevent the hazards and risks to the 
        public and the environment associated with encroachment on 
        pipeline rights-of-way; and
            ``(3) to raise the awareness of the risks and hazards of 
        encroachment on pipeline rights-of-way.
    ``(c) Considerations.--In conducting the study, the Secretary shall 
consider, at a minimum, the following:
            ``(1) The legal authority of Federal agencies and State and 
        local governments in controlling land use and the limitations 
        on such authority.
            ``(2) The current practices of Federal agencies and State 
        and local governments in addressing land use issues involving a 
        pipeline easement.
            ``(3) The most effective way to encourage Federal agencies 
        and State and local governments to monitor and reduce 
        encroachment upon pipeline rights-of-way.
    ``(d) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall publish a 
        report identifying practices, laws, and ordinances that are 
        most successful in addressing issues of encroachment on 
        pipeline rights-of-way so as to more effectively protect public 
        safety and the environment.
            ``(2) Distribution of report.--The Secretary shall provide 
        a copy of the report to--
                    ``(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) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60129. Pipeline integrity research, development, and 
              demonstration
    ``(a) Establishment of Cooperative Program.--
            ``(1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary of Energy, shall develop and 
        implement a cooperative program of research, development, and 
        demonstration to ensure the integrity of pipeline facilities.
            ``(2) Required elements.--The program shall include 
        materials inspection techniques, risk assessment methodology, 
        leak detection technologies, information systems surety, and 
        other elements the Secretary of Transportation determines 
        appropriate.
    ``(b) 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 Pipeline 
        Integrity Technical Advisory Committee established under 
        subsection (c), shall prepare and transmit to Congress a 5-year 
        program plan to guide activities under this section.
            ``(2) Consultation.--In preparing the program plan, the 
        Secretary of Transportation shall consult with appropriate 
        representatives of the gas, crude oil, and petroleum product 
        pipeline industries to select and prioritize appropriate 
        project proposals.
            ``(3) Advice from other entities.--In preparing the program 
        plan, the Secretary of Transportation may also seek the advice 
        of other Federal agencies, utilities, manufacturers, 
        institutions of higher learning, pipeline research 
        institutions, national laboratories, State pipeline safety 
        officials, environmental organizations, pipeline safety 
        advocates, and professional and technical societies.
            ``(4) Implementation.--The Secretary of Transportation 
        shall have the primary responsibility for ensuring that the 
        program plan is implemented in accordance with this section.
    ``(c) Pipeline Integrity Technical Advisory Committee.--
            ``(1) Establishment.--The Secretary of Transportation shall 
        establish and manage a Pipeline Integrity Technical Advisory 
        Committee (in this subsection referred to as the `Advisory 
        Committee').
            ``(2) Duties.--The Advisory Committee shall--
                    ``(A) advise the Secretary of Transportation and 
                the Secretary of Energy 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, and 
                demonstration activities carried out under this 
                section.
            ``(3) Membership.--
                    ``(A) Appointment.--The Advisory Committee shall be 
                composed of 7 members appointed by the Secretary of 
                Transportation, in consultation with the Secretary of 
                Energy. In making such appointments, the Secretary of 
                Transportation may 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 either the hazardous liquid or gas 
                pipeline industries, and have experience in the 
                research and development of pipeline or related 
                technologies, to provide technical assistance to the 
                Advisory Committee.
            ``(4) Meetings.--The Advisory Committee shall meet with the 
        Secretary of Transportation at least 4 times each year.
    ``(d) Reports to Congress.--
            ``(1) Annual report.--Not later than 1 year after the date 
        of enactment of this section, and annually thereafter, the 
        Secretary of Transportation shall transmit to the Committee on 
        Energy and Commerce and the Committee on Transportation and 
        Infrastructure of the House of Representatives, and to the 
        Committee on Energy and Natural Resources and the Committee on 
        Commerce, Science, and Transportation of the Senate, a report 
        on the status and results to date of the implementation of the 
        program plan prepared under subsection (b).
            ``(2) Contents.--The report shall include a description of 
        the activities of the Departments of Transportation and Energy, 
        national laboratories, universities, and other research 
        organizations, including industry research organizations.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``60129. Pipeline integrity research, development, and 
                            demonstration.''.

SEC. 10. CERTIFICATION OF PIPELINE CONTROLLER QUALIFICATION PROGRAMS.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60130. Certification of pipeline controller 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 implement a safety program to ensure that the 
personnel of the operator who control product flow operations of 
pipelines are qualified to conduct such operations.
    ``(b) Standards and Criteria.--
            ``(1) Development.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue uniform 
        standards and criteria for safety programs referred to in 
        subsection (a).
            ``(2) Contents.--The uniform standards and criteria shall 
        include the following:
                    ``(A) The establishment of an industry standard on 
                the qualifications of personnel who control product 
                flow operations of pipelines. Such standard shall be 
                based on a standard adopted by an appropriate national 
                consensus standards organization.
                    ``(B) A requirement that pipeline operators develop 
                and implement written plans and procedures to train and 
                evaluate the abilities of personnel described in 
                subparagraph (A) to meet the industry standard.
                    ``(C) A requirement that the plans and procedures 
                adopted by a pipeline operator under subparagraph (B) 
                be certified under subsection (d).
    ``(c) Development of Training Programs by Pipeline Operators.--Not 
later than 1 year after the date of issuance of uniform standards and 
criteria under subsection (b), the Secretary shall require a pipeline 
operator to develop and begin implementation of a safety program that 
complies with the uniform standards and criteria.
    ``(d) Implementation of Certification Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        to certify the safety program of each pipeline operator. Under 
        the certification program, the safety program of a pipeline 
        operator shall be certified if the operator's program complies 
        with the uniform standards and criteria developed under 
        subsection (b).
            ``(2) Agreement.--The Secretary may enter into a 
        cooperative agreement or contract with a public or private 
        entity to conduct certification evaluations under the program.
            ``(3) Deadline for completion of certifications.--
        Certifications under the program shall be completed not later 
        than 2 years after the date of issuance of uniform standards 
        and criteria under subsection (b).
            ``(4) Program modifications.--If the operator of a pipeline 
        facility seeks to modify a training program that has been 
        certified under this subsection, the operator shall submit the 
        modifications to the Secretary for approval.
            ``(5) Pilot program.--In the 1-year period beginning on the 
        date of issuance of uniform standards and criteria under 
        subsection (b), the Secretary may solicit pipeline facilities 
        to voluntarily participate in a pilot program to test the 
        certification program.
    ``(e) 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 implementation of the 
certification program under subsection (d).''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at end the following:

``60130. Certification of pipeline controller qualification 
                            programs.''.

SEC. 11. 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) Terrorism Security Programs.--
            ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary of Transportation shall require the 
        operator of a pipeline facility to develop and implement a 
        terrorism security program.
            ``(2) Contents of programs.--
                    ``(A) In general.--A terrorism security program of 
                a pipeline operator shall consist of written procedures 
                to follow and actions to take in the event of a 
                terrorist attack on a pipeline facility or an attack on 
                other infrastructure facilities in the United States. 
                Such procedures shall include procedures for 
                communicating with military, law enforcement, emergency 
                service, and other appropriate State and local 
                government and non-government entities.
                    ``(B) Standard.--A terrorism security program of a 
                pipeline operator shall require the operator to 
                establish and implement reasonable procedures to 
                safeguard the pipeline facility and safely maintain its 
                operations.
            ``(3) Approval of programs.--Not later than 1 year after 
        the date of enactment of this section, the Secretary shall 
        conduct a review of, and approve or disapprove, the terrorism 
        security program of each pipeline operator. The Secretary shall 
        prescribe procedures for the review and standards for the 
        approval of such programs.
    ``(b) Technical Assistance.--The Secretary may provide technical 
assistance to an operator of a pipeline facility, or to State, tribal, 
or local officials, to prevent or respond to acts of terrorism that may 
affect the pipeline facility. Such technical assistance may include at 
a minimum--
            ``(1) actions by the Secretary that support the use of 
        National Guard or State or Federal personnel to provide 
        additional security for a pipeline facility at risk of 
        terrorist attack or in response to such an attack;
            ``(2) use of resources available to the Secretary to 
        develop and implement security measures for a pipeline 
        facility;
            ``(3) identification of security issues with respect to the 
        operation of a pipeline facility; and
            ``(4) the provision of information and guidance on security 
        practices that prevent damage to pipeline facilities from 
        terrorist attacks.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

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

SEC. 12. 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 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. 13. 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) Environmental Review Process.--The Secretary of 
Transportation shall develop and implement a coordinated environmental 
review process for pipeline repair and rehabilitation projects.
    ``(b) Concurrent Reviews.--The coordinated environmental review 
process shall ensure that all environmental reviews, analyses, 
opinions, permits, licenses, and approvals that must be issued or made 
by a Federal agency for a pipeline repair or rehabilitation project 
will be conducted concurrently and completed within a time period 
established by the Secretary.
    ``(c) Memorandum of Understanding.--The coordinated environmental 
review process may be incorporated into a memorandum of understanding 
between the Secretary and other Federal or State agencies.
    ``(d) Participation in Environmental Reviews.--The Secretary, as 
appropriate, may provide comments and technical assistance to a State, 
local, or other governmental entity conducting an environmental review 
of a pipeline repair or rehabilitation project.
    ``(e) Identification of Jurisdictional Agencies.--
            ``(1) In general.--With respect to each pipeline repair or 
        rehabilitation project, the Secretary shall identify, as soon 
        as practicable, all Federal and State agencies that may have 
        jurisdiction over environmental-related matters that may be 
        affected by the project or may be required by law to conduct an 
        environmental-related review or analysis of the project or 
        determine whether to issue a permit, license, or approval or 
        render an opinion on the environmental impact of the project.
            ``(2) List of agencies.--Upon request, the Secretary shall 
        provide to the operator of a pipeline facility a list of the 
        Federal and State agencies identified by the Secretary under 
        paragraph (1) for a pipeline repair or rehabilitation project 
        to be conducted for the facility.
    ``(f) Termination of Jurisdiction.--If the Secretary determines 
that a Federal agency has not met a deadline established under 
subsection (b) for a project, the Secretary may, after notice and 
consultation with the agency, terminate the jurisdiction of the agency 
with respect to the project.
    ``(g) State Authority.--If a coordinated review process is being 
implemented under this section by the Secretary with respect to a 
project on a pipeline facility within the boundaries of a State, the 
State may choose to participate in such process. A State participating 
in such process shall require all State agencies that have jurisdiction 
over environmental-related matters that may be affected by the project, 
or may be required by law to conduct an environmental-related review or 
analysis of the project or determine whether to issue a permit, 
license, or approval or render an opinion on the environmental impact 
of the project, to be subject to the process.
    ``(h) Purpose and Need.--For any environmental review, analysis, 
opinion, permit, license, or approval that must be issued or made by a 
Federal or State agency for a pipeline repair and rehabilitation 
project and that requires an analysis of purpose and need for the 
project, the agency shall be bound by the project purpose and need as 
defined by the Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

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

SEC. 14. PIPELINE SECURITY-SENSITIVE INFORMATION.

    Section 60117(d) is amended--
            (1) by striking ``Information'' and inserting the 
        following:
            ``(1) In general.--Information'';
            (2) by moving the remainder of the text of paragraph (1) 
        (as so designated) 2 ems to the right; and
            (3) adding at the end the following:
            ``(2) Information revealing vulnerabilities.--
                    ``(A) In general.--If the Secretary determines that 
                particular information obtained by the Secretary or an 
                officer, employee, or agent in carrying out this 
                chapter may reveal a systemic vulnerability of a 
                pipeline system, or a vulnerability of pipeline 
                facilities to attack, the information shall be withheld 
                from public disclosure.
                    ``(B) Disclosure to certain persons.--Information 
                withheld from public disclosure under subparagraph (A) 
                may be disclosed only--
                            ``(i) to an officer, employee, or agent of 
                        a Federal, State, tribal, or local government, 
                        including a volunteer fire department, 
                        concerned with carrying out this chapter, with 
                        protecting the facilities, with protecting 
                        public safety, or with national security 
                        issues;
                            ``(ii) in an administrative or judicial 
                        proceeding brought under this chapter or one 
                        that addresses terrorist actions or threats of 
                        such actions; and
                            ``(iii) to such other persons as the 
                        Secretary determines necessary to protect 
                        public safety and security.
                    ``(C) Disclosure determinations.--The Secretary, by 
                regulation, may make a determination regarding 
                disclosure under subparagraph (A) with respect to a 
                category of information or a class of persons.
                    ``(D) Relationship to title 5.--A release of 
                information withheld from public disclosure under 
                subparagraph (A) to persons identified in subparagraph 
                (B) is not a release to the public within the meaning 
                of section 552 of title 5.''.

SEC. 15. 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) 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. 16. 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 sections 60107 and 60129) related to gas and hazardous liquid, the 
following amounts are authorized to be appropriated to the Department 
of Transportation:
            ``(1) $35,500,000 for fiscal year 2002, of which 
        $29,500,000 is to be derived from user fees for fiscal year 
        2002 collected under section 60301 of this title.
            ``(2) $37,900,000 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.
            ``(3) $41,700,000 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.
            ``(4) $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.''.
    (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 
        (d), respectively; and
            (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
            ``(A) $18,500,000 for fiscal year 2002, of which 
        $13,500,000 is to be derived from user fees for fiscal year 
        2002 collected under section 60301 of this title.
            ``(B) $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.
            ``(C) $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.
            ``(D) $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.''.
    (c) Research.--Section 60125 is amended by inserting after 
subsection (b) (as redesignated by subsection (b)(1) of this section) 
the following:
    ``(c) Pipeline Integrity Research, Development, and 
Demonstration.--In addition to amounts authorized under subsections (a) 
and (b), not more than $3,000,000 for each of fiscal years 2002 through 
2005 may be appropriated to the Secretary to carry out section 
60129.''.
    (d) Conforming Amendment.--Section 60125(d) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.
                                 <all>