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

                                                 Union Calendar No. 367
107th CONGRESS
  2d Session
                                H. R. 3609

                  [Report No. 107-605, Parts I and II]

  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

                             July 23, 2002

   Additional sponsors: Mr. Pickering, Mr. Cramer, Mrs. Capito, Mr. 
    Matheson, Mr. LaTourette, Mr. Lucas of Kentucky, Mr. Shows, Mr. 
 Nethercutt, Mr. Barcia, Mr. English, Mr. Radanovich, Mr. Combest, Mr. 
 Quinn, Mr. Stenholm, Mr. Moran of Kansas, Mr. Norwood, Mr. Culberson, 
 Mr. Blunt, Mr. Pombo, Mr. Duncan, Mr. Baker, Mr. Platts, Mr. Bishop, 
Mr. Reyes, Mr. Brown of South Carolina, Mr. Mollohan, Mr. Shuster, Mr. 
Ney, Mr. Cooksey, Mr. Kingston, Mr. Lampson, Mr. Otter, Mr. Bryant, Mr. 
            Sullivan, Mr. Walden of Oregon, and Mr. Fossella

                             July 23, 2002

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 23, 2002

 Reported from the Committee on Energy and Commerce with an amendment; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
    [For text of introduced bill, see copy of bill as introduced on 
                           December 20, 2001]

_______________________________________________________________________

                                 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. State oversight role.
Sec. 6. Community right-to-know and emergency preparedness.
Sec. 7. Safety and security orders.
Sec. 8. Penalties.
Sec. 9. Population encroachment.
Sec. 10. Additional gas pipeline protections.
Sec. 11. Pipeline integrity research, development, and demonstration.
Sec. 12. Qualification of pipeline personnel.
Sec. 13. Security of pipeline facilities.
Sec. 14. National pipeline mapping system.
Sec. 15. Administrative process for permitting a pipeline repair 
                            activity.
Sec. 16. Pipeline security-sensitive information.
Sec. 17. Technical amendments.
Sec. 18. Authorization of appropriations.
Sec. 19. Protection of employees providing pipeline safety information.
Sec. 20. Pipeline bridge risk study.

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''; and
                    (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. STATE OVERSIGHT ROLE.

    (a) State Agreements With Certification.--Section 60106 is 
amended--
            (1) in subsection (a) by striking ``General Authority.--''  
        and inserting ``Agreements Without Certification.--'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Agreements With Certification.--
            ``(1) In general.--If the Secretary accepts a certification 
        under section 60105 and makes the determination required under 
        this subsection, the Secretary may make an agreement with a 
        State authority authorizing it to participate in the oversight 
        of interstate pipeline transportation. Each such agreement 
        shall include a plan for the State authority to participate in 
        special investigations involving incidents or new construction 
        and allow the State authority to participate in other 
        activities overseeing interstate pipeline transportation or to 
        assume additional inspection or investigatory duties. Nothing 
        in this section modifies section 60104(c) or authorizes the 
        Secretary to delegate the enforcement of safety standards 
        prescribed under this chapter to a State authority.
            ``(2) Determinations required.--The Secretary may not enter 
        into an agreement under this subsection, unless the Secretary 
        determines in writing that--
                    ``(A) the agreement allowing participation of the 
                State authority is consistent with the Secretary's 
                program for inspection and consistent with the safety 
                policies and provisions provided under this chapter;
                    ``(B) the interstate participation agreement would 
                not adversely affect the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(C) the State is carrying out a program 
                demonstrated to promote preparedness and risk 
                prevention activities that enable communities to live 
                safely with pipelines;
                    ``(D) the State meets the minimum standards for 
                State one-call notification set forth in chapter 61; 
                and
                    ``(E) the actions planned under the agreement would 
                not impede interstate commerce or jeopardize public 
                safety.
            ``(3) Existing agreements.--If requested by the State 
        authority, the Secretary shall authorize a State authority 
        which had an interstate agreement in effect after January 31, 
        1999, to oversee interstate pipeline transportation pursuant to 
        the terms of that agreement until the Secretary determines that 
        the State meets the requirements of paragraph (2) and executes 
        a new agreement, or until December 31, 2003, whichever is 
        sooner. Nothing in this paragraph shall prevent the Secretary, 
        after affording the State notice, hearing, and an opportunity 
        to correct any alleged deficiencies, from terminating an 
        agreement that was in effect before enactment of the Pipeline 
        Infrastructure Protection To Enhance Security and Safety Act 
        if--
                    ``(A) the State authority fails to comply with the 
                terms of the agreement;
                    ``(B) implementation of the agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority; or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation has had an adverse impact on pipeline 
                safety.''.
    (b) Ending Agreements.--Subsection (e) of section 60106 (as 
redesignated by subsection (a)(2) of this section) is amended to read 
as follows:
    ``(e) Ending Agreements.--
            ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) implementation of such agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(B) the State actions under the agreement have 
                failed to meet the requirements under subsection (b); 
                or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation would not promote pipeline safety.
            ``(3) Procedural requirements.--The Secretary shall give 
        notice and an opportunity for a hearing to a State authority 
        before ending an agreement under this section. The Secretary 
        may provide a State an opportunity to correct any deficiencies 
        before ending an agreement. The finding and decision to end the 
        agreement shall be published in the Federal Register and may 
        not become effective for at least 15 days after the date of 
        publication unless the Secretary finds that continuation of an 
        agreement poses an imminent hazard.''.
    (c) Secretary's Response to State Notices of Violations.--
Subsection (c) of section 60106 (as redesignated by subsection (a)(2) 
of this section) is amended--
            (1) by striking ``Each agreement'' and inserting the 
        following:
            ``(1) In general.--Each agreement'';
            (2) by adding at the end the following:
            ``(2) Response by secretary.--If a State authority notifies 
        the Secretary under paragraph (1) of a violation or probable 
        violation of an applicable safety standard, the Secretary, not 
        later than 60 days after the date of receipt of the 
        notification, shall--
                    ``(A) issue an order under section 60118(b) or take 
                other appropriate enforcement actions to ensure 
                compliance with this chapter; or
                    ``(B) provide the State authority with a written 
                explanation as to why the Secretary has determined not 
                to take such actions.''; and
            (3) by aligning the text of paragraph (1) (as designated by 
        this subsection) with paragraph (2) (as added by this 
        subsection).

SEC. 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.

    (a) In General.--Section 60116 is amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
    ``(a) Public Education Programs.--
            ``(1) In general.--Each operator of a gas pipeline or 
        hazardous liquid pipeline facility shall carry out a continuing 
        program to educate the public on--
                    ``(A) the use of a one-call notification system 
                prior to excavation and other damage prevention 
                activities;
                    ``(B) the possible hazards associated with 
                unintended releases from the pipeline facility;
                    ``(C) the physical indications that such a release 
                may have occurred;
                    ``(D) what steps should be taken for public safety 
                in the event of a pipeline release; and
                    ``(E) how to report such an event.
            ``(2) Review of existing programs.--Not later than 1 year 
        after the date of enactment of this paragraph, each operator of 
        a gas pipeline or hazardous liquid pipeline facility shall 
        review its existing public education program for effectiveness 
        and modify the program as necessary. The completed program 
        shall be reviewed by the Secretary of Transportation as an 
        element of Departmental inspections.
            ``(3) Standards.--The Secretary may issue standards 
        prescribing the details of a public education program and 
        providing for periodic review of the program's effectiveness 
        and modification as needed. The Secretary may also develop 
        material for use in the program.
            ``(4) Technical assistance.--The Secretary may provide 
        technical assistance on public safety and public education 
        programming regarding pipeline safety as follows:
                    ``(A) To pipeline industry.--To the pipeline 
                industry, technical assistance on--
                            ``(i) developing public safety and public 
                        education program content; and
                            ``(ii) using best practices for program 
                        delivery and on evaluating the effectiveness of 
                        the programs.
                    ``(B) To state and local officials.--To State and 
                local officials, technical assistance on applying 
                practices developed in public safety and public 
                education programs to their activities to promote 
                pipeline safety.
    ``(b) Public Availability of Reports.--The Secretary shall make 
available to the public a safety-related condition report filed by an 
operator under section 60102(h) and, except as provided in section 
60117(d)(2), a report of a pipeline incident filed by an operator under 
this chapter.
    ``(c) Emergency Preparedness.--
            ``(1) Operator liaison.--Not later than 1 year after the 
        date of enactment of this subsection, each operator of a gas 
        pipeline or hazardous liquid pipeline facility shall initiate 
        and maintain liaison with the State emergency response 
        commissions, and local emergency planning committees in the 
        areas of pipeline right-of-way, established under section 301 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11001) in each State in which it operates.
            ``(2) Emergency response plans.--The Secretary shall 
        prescribe standards to require each operator of a gas pipeline 
        or hazardous liquid pipeline facility--
                    ``(A) to develop an emergency response plan for 
                responding to incidents involving the facility; and
                    ``(B) to make the plan available upon request to 
                State and local officials.
            ``(3) Cooperation with local officials.--Each operator of a 
        gas pipeline or hazardous liquid pipeline facility shall work 
        in cooperation with State and local officials in the 
        development of State and local emergency response plans for 
        responding to incidents involving the facility.
    ``(d) Emergency Response Grants.--The Secretary may establish a 
program for making grants to State, county, and local governments in 
high consequence areas, as such an area is defined by the Secretary, 
for emergency response management, training, and technical 
assistance.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60116 and inserting the 
following:

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

SEC. 7. SAFETY AND SECURITY ORDERS.

    Section 60117 is amended by adding at the end the following:
    ``(l) Safety Orders.--If the Secretary decides that a pipeline 
facility has a potentially unsafe condition, the Secretary may order 
the operator of the facility to take necessary corrective action, 
including physical inspection, testing, repair, replacement, or other 
appropriate action to remedy the unsafe condition.
    ``(m) Security Orders.--If the Secretary decides that a pipeline 
facility has a vulnerability to terrorist attacks, the Secretary may 
order that the operator of the facility take necessary actions to 
eliminate or reduce the vulnerability.''.

SEC. 8. 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. 9. 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.
    ``(e) Local Assistance.--
            ``(1) In general.--In conducting the study and preparing 
        the report under this section, the Secretary shall consult with 
        a group of State and local officials selected by the Secretary. 
        The Secretary shall begin consulting with the group not later 
        than 90 days after the date of enactment of this subsection.
            ``(2) Membership.--The group shall be composed of members 
        selected by the Secretary from among elected officials of State 
        and local governments representing areas in which pipeline 
        facilities are located. At least one of the members shall be an 
        elected official of a local government with a population of 
        less than 10,000.
            ``(3) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the group 
        established under this subsection.''.

SEC. 10. ADDITIONAL GAS PIPELINE PROTECTIONS.

    (a) Risk Analysis and Integrity Management Programs.--Section 60109 
is amended by adding at the end the following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement.--Each operator of a gas transmission 
        pipeline facility shall conduct an analysis of the risks to 
        each facility of the operator in an area identified pursuant to 
        subsection (a)(1) and shall adopt and implement a written 
        integrity management program for such facility to reduce the 
        risks.
            ``(2) Regulations.--Not later than 18 months after the date 
        of the enactment of this subsection, the Secretary shall issue 
        regulations prescribing standards to direct an operator's 
        conduct of a risk analysis and adoption and implementation of 
        an integrity management program under this subsection. The 
        regulations shall require the conduct of the risk analysis and 
        adoption of the integrity management program to occur within a 
        time period prescribed by the Secretary, not to exceed 1 year 
        after the issuance of such regulations. The Secretary may 
        satisfy the requirements of this paragraph through the issuance 
        of regulations under this paragraph or under other authority of 
        law.
            ``(3) Minimum requirements of integrity management 
        programs.--An integrity management program required under 
        paragraph (1) shall include, at a minimum, the following 
        requirements:
                    ``(A) A baseline integrity assessment of each of 
                the operator's facilities in areas identified pursuant 
                to subsection (a)(1), to be completed not later than 10 
                years after the date of the adoption of the integrity 
                management program, by internal inspection device, 
                pressure testing, direct assessment, or an alternative 
                method that the Secretary determines would provide an 
                equal or greater level of safety.
                    ``(B) Subject to paragraph (4), periodic 
                reinspection of the facility, at a minimum of once 
                every 7 years, using methods described in subparagraph 
                (A).
            ``(4) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reinspection of a facility under paragraph 
        (3)(B) for reasons that may include the need to maintain local 
        product supply or the lack of internal inspection devices if 
        the Secretary determines that such waiver is not inconsistent 
        with pipeline safety.
            ``(5) Considerations.--In developing standards under 
        paragraph (2), the Secretary shall take into consideration the 
        following:
                    ``(A) The level of safety, the characteristics of 
                the gas, the application of existing or new technology, 
                the results of technical studies by recognized experts 
                and previous assessments, historical performance of gas 
                pipelines, engineering criteria for determining the 
                severity of threats to integrity, the availability of 
                inspection equipment and analytical personnel, the 
                security and reliability of supply, and the impact on 
                gas prices to consumers.
                    ``(B) The appropriateness of the application of 
                various assessment methodologies, taking into account 
                the nature of the anomalies of specific pipeline 
                segments under investigation, including such 
                methodologies as direct assessment, hydrostatic 
                testing, in-line inspection, and other effective 
                methods.
                    ``(C) The application of a prescriptive or 
                performance-based means of compliance (or a combination 
                thereof).
                    ``(D) Incorporation of applicable national 
                consensus standards to create a consistent and 
                effective approach to risk assessment and 
                prioritization, high consequence areas, pipeline 
                facility inspection, integrity management, and repair 
                requirements for managing pipeline integrity.
                    ``(E) The effectiveness of review and oversight of 
                an operator's integrity management plan by a designated 
                pipeline safety authority.
            ``(6) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a pipeline 
        facility to include in an integrity management program under 
        this subsection--
                    ``(A) changes to valves or the establishment or 
                modification of systems that monitor pressure and 
                detect leaks based on the operator's risk analysis; and
                    ``(B) the use of emergency flow restricting 
                devices.
            ``(7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards as described in 
        paragraph (2), an operator of a pipeline facility shall conduct 
        a risk analysis and adopt and implement an integrity management 
        program under paragraph (1) not later than 30 months after the 
        date of the enactment of this subsection.
            ``(8) Review of integrity management programs.--
                    ``(A) Review of programs.--
                            ``(i) In general.--The Secretary shall 
                        review a risk analysis and integrity management 
                        program under paragraph (1) and record the 
                        results of that review for use in the next 
                        review of an operator's program.
                            ``(ii) Context of review.--The Secretary 
                        may conduct a review under clause (i) as an 
                        element of the Secretary's inspection of an 
                        operator.
                            ``(iii) Inadequate programs.--If the 
                        Secretary determines that a risk analysis or 
                        integrity management program does not comply 
                        with the requirements of this subsection or 
                        regulations issued as described in paragraph 
                        (2), or is inadequate for the safe operation of 
                        a pipeline facility, the Secretary shall act 
                        under section 60108(a)(2) to require the 
                        operator to revise the risk analysis or 
                        integrity management program.
                    ``(B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an operator of 
                a pipeline facility shall notify the Secretary of any 
                amendment made to the operator's integrity management 
                program not later than 30 days after the date of 
                adoption of the amendment.
                    ``(C) Transmittal of programs to state 
                authorities.--The Secretary shall provide a copy of 
                each risk analysis and integrity management program 
                reviewed by the Secretary under this paragraph to any 
                appropriate State authority with which the Secretary 
                has entered into an agreement under section 60106.
            ``(9) State review of integrity management plans.--A State 
        authority that enters into an agreement pursuant to section 
        60106, permitting the State authority to review the risk 
        analysis and integrity management program pursuant to paragraph 
        (8), may provide the Secretary with a written assessment of the 
        risk analysis and integrity management program, make 
        recommendations, as appropriate, to address safety concerns not 
        adequately addressed by the operator's risk analysis or 
        integrity management program, and submit documentation 
        explaining the State-proposed revisions. The Secretary shall 
        consider carefully the State's proposals and work in 
        consultation with the States and operators to address safety 
        concerns.
            ``(10) Application of standards.--Section 60104(b) shall 
        not apply to this section.''.
    (b) Integrity Management Regulations.--Section 60109 is further 
amended by adding at the end the following:
    ``(d) Evaluation of Integrity Management Regulations.--Not later 
than 5 years after the date of enactment of this subsection, the 
Secretary shall complete an assessment and evaluation of the effects on 
public safety and the environment of the requirements for the 
implementation of integrity management programs contained in the 
standards prescribed as described in subsection (c)(2).''.
    (c) Conforming Amendment.--Section 60118(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) conduct a risk analysis, and adopt and implement an 
        integrity management program, for pipeline facilities as 
        required under section 60109(c).''.
    (d) Study of Performance-Based Waivers for Reinspection 
Intervals.--
            (1) Study.--The Secretary of Transportation shall conduct a 
        study to determine the feasibility of extending the 7-year 
        reinspection interval required by section 60109(c)(3)(B) of 
        title 49, United States Code, on a case-by-case basis, as an 
        incentive for pipeline operators whose integrity management 
        plans exceed the minimum requirements for inspections and 
        repairs under section 60109(c) of such title and provide a 
        greater level of safety than such requirements.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study conducted, together with 
        such recommendations as the Secretary may have regarding 
        extension of the reinspection interval.

SEC. 11. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

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

SEC. 12. QUALIFICATION OF PIPELINE PERSONNEL.

    (a) Qualification Programs.--
            (1) In general.--Chapter 601 is further amended by adding 
        at the end the following:
``Sec. 60129. Qualification of pipeline personnel
    ``(a) Qualification Program.--Not later than one year after the 
date of enactment of this section, each operator of a gas pipeline or 
hazardous liquid pipeline facility shall adopt and implement a written 
qualification program that ensures that all individuals performing 
covered tasks for the facility are qualified to perform such tasks.
    ``(b) 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 performing covered tasks for the facility. Such 
        method may not be limited to observation of on-the-job 
        performance unless such observation includes a written 
        performance evaluation.
            ``(2) A requirement that the operator complete the 
        qualification of all individuals performing covered tasks for 
        the facility not later than 18 months after the date of 
        adoption of the program.
            ``(3) A periodic requalification component that provides 
        for examination or testing of individuals in accordance with 
        paragraph (1).
    ``(c) Review of Qualification Programs.--
            ``(1) Review of programs.--
                    ``(A) In general.--The Secretary or a State 
                authority responsible for enforcing standards 
                prescribed under this chapter shall review the 
                qualification program of an operator and record the 
                results of that review for use in the next review of an 
                operator's program.
                    ``(B) Context of review.--The Secretary or State 
                authority may conduct a review under subparagraph (A) 
                as an element of its inspection of an operator.
                    ``(C) Inadequate programs.--If the Secretary or a 
                State authority determines that a qualification program 
                is inadequate for the safe operation of a pipeline 
                facility, the Secretary or State authority shall act 
                under section 60108(a)(2) to require the operator to 
                revise the qualification program.
            ``(2) Amendments to programs.--In order to facilitate 
        reviews under this subsection, an operator shall notify the 
        Secretary or State authority, as appropriate, of any amendment 
        made to the operator's qualification program not later than 30 
        days after the date of adoption of the amendment.
            ``(3) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
    ``(d) Covered Task Defined.--In this section, the term `covered 
task'--
            ``(1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 192.801 of title 49, Code 
of Federal Regulations, as in effect on the date of enactment of this 
section; and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, as in effect on the date of enactment of this 
        section.''.
            (2) Conforming amendment.--The analysis for chapter 601 is 
        further amended by adding at the end the following:

``60129. Qualification of pipeline personnel.''.
    (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 supervisory control and data 
                acquisition (referred to in this subsection as 
                ``SCADA'') 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 SCADA systems for controlling the operations 
                of pipelines at such facilities are required to be 
                certified under the process established under 
                subparagraph (A).
            (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on 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 SCADA systems for controlling 
                the operations of pipelines;
                    (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate SCADA 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) Report on operator qualification rule implementation.--
        Not later than 2 years after the date of the enactment of this 
        section, the Secretary shall transmit to Congress a report on 
        the implementation of the operator qualification rule issued by 
        the Secretary in August 1999.

SEC. 13. SECURITY OF PIPELINE FACILITIES.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60130. 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 further 
amended by adding at the end the following:

``60130. Security of pipeline facilities.''.

SEC. 14. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60131. National pipeline mapping system
    ``(a) Information To Be Provided.--Not later than 30 days 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 periodic 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 further 
amended by adding at the end the following:

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

SEC. 15. ADMINISTRATIVE PROCESS FOR PERMITTING OF PIPELINE REPAIR 
              ACTIVITY.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60132. Administrative process for permitting of pipeline repair 
              activity
    ``(a) Interagency Committee.--
            ``(1) Establishment.--Within 30 days after the date of 
        enactment of the Pipeline Infrastructure Protection to Enhance 
        Security and Safety Act, the President shall establish an 
        Interagency Committee on Pipeline Repair Permitting (in this 
        section referred to as the `Interagency Committee').
            ``(2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) shall 
        chair the Interagency Committee, which shall also include each 
        of the following persons (or a designee thereof):
                    ``(A) The Secretary.
                    ``(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) Purposes.--The Interagency Committee shall evaluate 
        current Federal permitting requirements to which access, 
        excavation, and restoration activities in connection with 
        pipeline repairs may be subject and shall recommend to the 
        Secretary a process by which owners or operators of pipelines 
        (in this section referred to as `pipeline operators') may 
        commence and complete all such activities necessary to carry 
        out pipeline repairs that must be completed within time periods 
        specified by rule by the Secretary under the integrity 
        management program. As part of its evaluation, the Interagency 
        Committee shall examine access, excavation, and restoration 
        activities currently used in the pipeline industry in 
        connection with pipeline repairs and shall develop a compendium 
        of best practices used by the industry to access, excavate, and 
        restore the site of a pipeline repair.
            ``(4) 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 deems appropriate.
    ``(b) Implementation.--
            ``(1) Proposed rule.--Within 180 days after the date of 
        enactment of the Pipeline Infrastructure Protection to Enhance 
        Security and Safety Act, the Interagency Committee shall 
        present its evaluation and recommendations to the Secretary. 
        Within 30 days after the date on which such evaluation and 
        recommendations are presented, the Secretary shall propose a 
        rule, based on and consistent with such recommendations, to 
        establish a process by which pipeline operators may commence 
        and complete all access, excavation, and restoration activities 
        necessary to carry out pipeline repairs that must be completed 
        within time periods specified by rule by the Secretary under 
        the integrity management program. Such proposed rule shall 
        contain the provisions required by paragraph (2) and shall 
        incorporate, to the extent practicable and cost effective, the 
        compendium of best practices developed by the Interagency 
        Committee.
            ``(2) Final rule.--
                    ``(A) Issuance.--The Secretary shall issue a final 
                rule not later than 180 days after the date on which 
                the Interagency Committee presents its evaluation and 
                recommendations to the Secretary.
                    ``(B) Content.--The final rule shall--
                            ``(i) provide that a pipeline operator 
                        carrying out a pipeline repair project as part 
                        of its pipeline integrity management program 
                        may proceed with the project only if the 
                        operator provides notice to the Secretary that 
                        the operator is proceeding with the repairs in 
                        compliance with the applicable best practices 
                        incorporated in such final rule and the 
                        Secretary concurs;
                            ``(ii) provide that if the Secretary 
                        disapproves of the operator proceeding with the 
                        repairs as described in the operator's notice, 
                        the Secretary shall provide notice to the 
                        operator of the disapproval in the 7-day period 
                        beginning on the date of receipt by the 
                        Secretary of the operator's notice, together 
                        with a description of the actions that the 
                        operator must take to receive the Secretary's 
                        concurrence;
                            ``(iii) provide that if the Secretary does 
                        not provide notice to an operator of the 
                        Secretary's disapproval of the operator 
                        proceeding with the repairs as described in the 
                        operator's notice in the 7-day period described 
                        in clause (ii), the Secretary shall be deemed 
                        to concur;
                            ``(iv) provide that if the Secretary 
                        disapproves of the operator proceeding with the 
                        repairs as described in the operator's notice, 
                        the Secretary shall provide the operator with 
                        an opportunity to resubmit a notice for the 
                        pipeline repair project under clause (i); and
                            ``(v) require a certification to the 
                        Secretary following completion of the repair 
                        project that the project was completed in 
                        compliance with all such best practices.
                    ``(C) Effective date.--The final rule shall be made 
                effective no later than 90 days after it is published 
                in the Federal Register.
    ``(c) Relationship to Other Permits.--
            ``(1) Other federal permits.--A pipeline operator that 
        proceeds to carry out a pipeline repair project under the 
        provisions of the final rule described in subsection (b) shall 
        not be required to obtain a permit from any other Federal 
        agency before carrying out such repair project, except as may 
        be provided in such final rule.
            ``(2) Savings provisions; no preemption.--Nothing in this 
        section shall be construed in connection with a particular 
        repair situation--
                    ``(A) to require a pipeline operator to comply with 
                the final rule described in subsection (b) if no 
                Federal permit would otherwise have been required under 
                Federal law;
                    ``(B) to prohibit a pipeline operator from opting 
                to obtain all permits otherwise necessary under Federal 
                law rather than proceeding under the final rule 
                described in subsection (b); or
                    ``(C) to preempt otherwise applicable State and 
                local permitting requirements.
    ``(d) Repair Projects Not Comporting With Best Practices.--
            ``(1) Preparation of site management plan.--In the case of 
        any pipeline repair that must be completed within time periods 
        specified by rule by the Secretary under the integrity 
        management program, but for which repair activities may not 
        proceed under subsection (b) because the repair is not able to 
        comport with the requirements of the final rule issued 
        thereunder or for any other reason, or any repair project on 
        which work has been commenced but which the pipeline operator 
        thereafter discovers cannot comport with such requirements, the 
        pipeline operator shall prepare a specific site management plan 
        for the proposed access, excavation, and restoration 
        activities.
            ``(2) Submission of plan to permitting agencies.--Such plan 
        shall be submitted to all applicable permitting agencies for 
        review and approval, and to the Secretary. In the event an 
        agency has not approved a permit application within 60 days 
        after its submission, or has not issued a denial of such 
        application within 60 days together with a specification of 
        items in the application requiring correction, the pipeline 
        operator shall be permitted to proceed with the proposed repair 
        activities as provided in its site management plan.
            ``(3) Failure to adhere to plan.--If the pipeline operator 
        fails to adhere to its site management plan and such failure 
        results in damage to human health, public safety, or the 
        environment, the owner or operator shall be subject to such 
        civil and criminal remedies and penalties as are otherwise 
        provided by Federal, State, and local law.
    ``(e) Interim Operational Alternatives.--
            ``(1) In general.--Within 30 days after the date of 
        enactment of the Pipeline Infrastructure Protection to Enhance 
        Security and Safety Act, the Secretary shall commence a 
        rulemaking to permit pressure reduction, line monitoring, and 
        other mitigation measures to be employed, as appropriate, 
        during the period between such date of enactment and the date 
        on which the final rule issued under subsection (b) becomes 
        effective, on pipeline facilities subject to time periods for 
        repair specified by rule by the Secretary under the integrity 
        management program. Such alternative mitigation measures shall 
        be available only to a pipeline operator that, with respect to 
        a particular repair project, has applied for and is pursuing in 
        good faith all required Federal, State, and local permits to 
        carry out the project.
            ``(2) Factors to consider.--In issuing the final rule under 
        this subsection, the Secretary shall consider the need to 
        protect human health, public safety, and the environment, to 
        ensure continuity in energy supplies, and to avoid conflict 
        between and among regulatory regimes.
            ``(3) Deadline for issuance.--The Secretary shall issue a 
        final rule under this subsection within 90 days after the date 
        on which a notice of proposed rulemaking is published in the 
        Federal Register.
    ``(f) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving disagreements 
between the permitting agency and the pipeline operator during agency 
review of any pipeline repair activity, or during the review of any 
permit application under subsection (d), consistent with protection of 
human health, public safety, and the environment.
    ``(g) State and Local Permitting Processes.--The Secretary shall 
encourage States and local governments to streamline their respective 
permitting processes for pipeline repair projects subject to time 
periods for repair specified by rule by the Secretary under pipeline 
integrity management programs. The Secretary may request other relevant 
Federal agencies to provide technical assistance to States and local 
governments for the purpose of encouraging such streamlining.
    ``(h) Purpose and Need.--For any environmental review, analysis, 
opinion, permit, license, or approval issued or made under this 
section, the relevant Federal or State agency shall be bound by the 
project purpose and need as defined by the Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is further 
amended by adding at the end the following:

``60132. Administrative process for permitting of pipeline repair 
                            activity.''.

SEC. 16. 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 vulner-
        abilities.--
                    ``(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. 17. 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. 18. 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 60130) 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 
60130.''.
    (d) Conforming Amendment.--Section 60125(d) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.
    (e) Emergency Response Grants.--Section 60125 is amended by adding 
after subsection (d) (as redesignated by subsection (b)(1) of this 
section) the following:
    ``(e) Emergency Response Grants.--There are authorized to be 
appropriated $6,000,000 for each of fiscal years 2002, 2003, and 2004 
to carry out subsection (d) of section 60116.''.

SEC. 19. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60133. Protection of employees providing pipeline safety 
              information
    ``(a) Discrimination Against Pipeline Employees.--No pipeline 
operator, or contractor or subcontractor of a pipeline operator, may 
discharge an employee or otherwise discriminate against an employee 
with respect to compensation, terms, conditions, or privileges of 
employment because the employee (or any person acting pursuant to a 
request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or Federal Government information 
        relating to any violation or alleged violation of any order, 
        regulation, or standard of the Research and Special Programs 
        Administration or any other provision of Federal law relating 
        to pipeline safety under this chapter or any other law of the 
        United States;
            ``(2) 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;
            ``(3) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of 
        any order, regulation, or standard of the Administration or any 
        other provision of Federal law relating to pipeline safety 
        under this chapter or any other law of the United States;
            ``(4) testified or is about to testify in such a 
        proceeding; or
            ``(5) assisted or participated or is about to assist or 
        participate in such a proceeding.
    ``(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 file 
        (or have any person file on his or her behalf), not later than 
        90 days after the date on which such violation occurs, 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 named 
        in the complaint and the Administrator of the Research and 
        Special Programs Administration 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 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 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 to present statements from witnesses, the 
                Secretary 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 alleged to have committed a 
                violation of subsection (a) of the Secretary's 
                findings. If the Secretary concludes that there is 
                reasonable cause to believe that a violation of 
                subsection (a) has occurred, the Secretary shall 
                accompany the Secretary's findings with a preliminary 
                order providing the relief prescribed by paragraph 
                (3)(B). Not later than 30 days after the date of 
                notification of findings under this paragraph, either 
                the person alleged to have committed the 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 
                30-day period, the preliminary order shall be deemed a 
                final order that is not subject to judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (5) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary 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 may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (5) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 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, the complainant, and the 
                person alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary determines that a 
                violation of subsection (a) has occurred, the Secretary 
                shall order the person 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, at the request of the complainant, shall 
                assess against the person 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, by 
                the complainant for, or in connection with, the 
                bringing the complaint upon which the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary finds 
                that a complaint under paragraph (1) is frivolous or 
                has been brought in bad faith, the Secretary 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. 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 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 
        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 to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award costs is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of a pipeline operator, 
contractor, or subcontractor who, acting without direction from the 
pipeline operator, contractor, or subcontractor (or such person's 
agent), deliberately causes a violation of any requirement relating to 
pipeline safety under this chapter or any other law of the United 
States.
    ``(e) Contractor Defined.--In this section, the term `contractor' 
means a company that performs safety-sensitive functions by contract 
for a pipeline operator.''.
    (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 further 
amended by adding at the end the following:

``60133. Protection of employees providing pipeline safety 
                            information.''.

SEC. 20. PIPELINE BRIDGE RISK STUDY.

    (a) Initiation.--Within 90 days after the date of enactment of this 
Act, the Secretary of Transportation shall initiate a study to 
determine whether cable-suspension pipeline bridges pose structural or 
other risks warranting particularized attention in connection with 
pipeline operators risk assessment programs and whether particularized 
inspection standards need to be developed by the Department of 
Transportation to recognize the peculiar risks posed by such bridges.
    (b) Public Participation and Comments.--In conducting the study, 
the Secretary shall provide, to the maximum extent practicable, for 
public participation and comment and shall solicit views and comments 
from the public and interested persons, including participants in the 
pipeline industry with knowledge and experience in inspection of 
pipeline facilities.
    (c) Completion and Report.--Within 1 year 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.

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. Protection of employees providing pipeline safety information.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Certification of pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.

SEC. 2. ONE-CALL NOTIFICATION PROGRAMS.

    (a) Minimum Standards.--Section 6103 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by inserting ``, including all 
                government operators'' before the semicolon at the end; 
                and
                    (B) in paragraph (2) by inserting ``, including all 
                government and contract excavators'' before the 
                semicolon at the end; and
            (2) in subsection (c) by striking ``provide for'' and 
        inserting ``provide for and document''.
    (b) Compliance With Minimum Standards.--Section 6104(d) is amended 
by striking ``Within 3 years after the date of the enactment of this 
chapter, the Secretary shall begin to'' and inserting ``The Secretary 
shall''.
    (c) Implementation of Best Practices Guidelines.--
            (1) In general.--Section 6105 is amended to read as 
        follows:
``Sec. 6105. Implementation of best practices guidelines
    ``(a) Adoption of Best Practices.--The Secretary of Transportation 
shall encourage States, operators of one-call notification programs, 
excavators (including all government and contract excavators), and 
underground facility operators to adopt and implement practices 
identified in the best practices report entitled `Common Ground', as 
periodically updated.
    ``(b) Technical Assistance.--The Secretary shall provide technical 
assistance to and participate in programs sponsored by a non-profit 
organization specifically established for the purpose of reducing 
construction-related damage to underground facilities.
    ``(c) Grants.--
            ``(1) In general.--The Secretary may make grants to a non-
        profit organization described in subsection (b).
            ``(2) Authorization of appropriations.--In addition to 
        amounts authorized under section 6107, there is authorized to 
        be appropriated for making grants under this subsection 
        $500,000 for each of fiscal years 2002 through 2005. Such sums 
        shall remain available until expended.
            ``(3) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301.''.
            (2) Conforming amendment.--The analysis for chapter 61 is 
        amended by striking the item relating to section 6105 and 
        inserting the following:

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

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

    (a) Limitation on Preemption.--Section 60104(c) is amended by 
adding at the end the following: ``Notwithstanding the preceding 
sentence, a State authority may enforce a requirement of a one-call 
notification program of the State if the program meets the requirements 
for one-call notification programs under this chapter or chapter 61.''.
    (b) Minimum Requirements.--Section 60114(a)(2) is amended by 
inserting ``, including a government employee or contractor,'' after 
``person''.
    (c) Criminal Penalties.--Section 60123(d) is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``knowingly and willfully'';
            (2) in paragraph (1) by inserting ``knowingly and 
        willfully'' before ``engages'';
            (3) by striking paragraph (2)(B) and inserting the 
        following:
                    ``(B) a pipeline facility, and knows or has reason 
                to know of the damage, but does not report the damage 
                promptly to the operator of the pipeline facility and 
                to other appropriate authorities; or''; and
            (4) by adding after paragraph (2) the following:
``Penalties under this subsection may be reduced in the case of a 
violation that is promptly reported by the violator.''.

SEC. 4. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

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

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

SEC. 5. SAFETY ORDERS.

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

SEC. 6. PENALTIES.

    (a) Pipeline Facilities Hazardous to Life and Property.--
            (1) General authority.--Section 60112(a) is amended to read 
        as follows:
    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide that a pipeline 
facility is hazardous if the Secretary decides that--
            ``(1) operation of the facility is or would be hazardous to 
        life, property, or the environment; or
            ``(2) the facility is or would be constructed or operated, 
        or a component of the facility is or would be constructed or 
        operated, with equipment, material, or a technique that the 
        Secretary decides is hazardous to life, property, or the 
        environment.''.
            (2) Corrective action orders.--Section 60112(d) is amended 
        by striking ``is hazardous'' and inserting ``is or would be 
        hazardous''.
    (b) Enforcement.--(1) Section 60122(a)(1) is amended--
            (A) by striking ``$25,000'' and inserting ``$100,000''; and
            (B) by striking ``$500,000'' and inserting ``$1,000,000''.
    (2) Section 60122(b) is amended by striking ``under this section'' 
and all that follows through paragraph (4) and inserting ``under this 
section--
            ``(1) the Secretary shall consider--
                    ``(A) the nature, circumstances, and gravity of the 
                violation, including adverse impact on the environment;
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior violations, the 
                ability to pay, and any effect on ability to continue 
                doing business; and
                    ``(C) good faith in attempting to comply; and
            ``(2) the Secretary may consider--
                    ``(A) the economic benefit gained from the 
                violation without any reduction because of subsequent 
                damages; and
                    ``(B) other matters that justice requires.''.
    (3) Section 60120(a)(1) is amended by striking the second sentence 
and inserting the following: ``The Attorney General may seek 
appropriate relief in such action, including a temporary or permanent 
injunction, punitive damages, and assessment of civil penalties, and 
the court may award such relief as appropriate.''.

SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

    (a) Grant Authority.--The Secretary of Transportation may make 
grants for technical assistance to local communities and groups of 
individuals (not including for-profit entities) relating to the safety 
of pipelines in local communities. The Secretary shall establish 
competitive procedures for awarding grants under this section, and 
criteria for selection of grant recipients. The amount of any grant 
under this section may not exceed $50,000 for a single grant recipient. 
The Secretary shall establish appropriate procedures to ensure the 
proper use of funds provided under this section.
    (b) Prohibited Uses.--Funds provided under this section may not be 
used for lobbying or in direct support of litigation.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for carrying out this 
section $1,000,000 for each of the fiscal years 2003 through 2006. Such 
amounts shall not be derived from user fees collected under section 
60301.

SEC. 8. POPULATION ENCROACHMENT.

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

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

    (a) Establishment of Cooperative Program.--
            (1) In general.--The Secretary of Energy, in cooperation 
        with the Secretary of Transportation and the Director of the 
National Institute of Standards and Technology, shall develop and 
implement a program of research, development, demonstration, and 
standardization to ensure the integrity of energy pipelines and next-
generation pipelines.
            (2) Elements.--The program shall include research, 
        development, demonstration, and standardization activities 
        related to--
                    (A) materials inspection;
                    (B) stress and fracture analysis, detection of 
                cracks, corrosion, abrasion, and other abnormalities 
                inside pipelines that lead to pipeline failure, and 
                development of new equipment or technologies that are 
                inserted into pipelines to detect anomalies;
                    (C) internal inspection and leak detection 
                technologies, including detection of leaks at very low 
                volumes;
                    (D) methods of analyzing content of pipeline 
                throughput;
                    (E) pipeline security, including improving the 
                real-time surveillance of pipeline rights-of-way, 
                developing tools for evaluating and enhancing pipeline 
                security and infrastructure, reducing natural, 
                technological, and terrorist threats, and protecting 
                first response units and persons near an incident;
                    (F) risk assessment methodology, including 
                vulnerability assessment and reduction of third-party 
                damage;
                    (G) communication, control, and information systems 
                surety;
                    (H) fire safety of pipelines;
                    (I) improved excavation, construction, and repair 
                technologies; and
                    (J) other elements the Secretary of Energy, in 
                cooperation with the Secretary of Transportation and 
                the Director of the National Institute of Standards and 
                Technology, considers appropriate.
            (3) Activities and capabilities report.--Not later than 6 
        months after the date of the enactment of this Act, the 
        Secretary of Energy, in cooperation with the Secretary of 
        Transportation and the Director of the National Institute of 
        Standards and Technology, shall transmit to the Congress a 
        report on the existing activities and capabilities of the 
        Department of Energy, including the national laboratories, the 
        Department of Transportation, and the National Institute of 
        Standards and Technology. The report shall include the results 
        of a survey by the Secretary of Energy, in cooperation with the 
        Secretary of Transportation and the Director of the National 
        Institute of Standards and Technology, of any activities of 
        other Federal agencies that are relevant to or could supplement 
        existing research, development, demonstration, and 
        standardization activities under the program created under this 
        section.
    (b) Program Plan.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Energy, in 
        cooperation with the Secretary of Transportation 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 Pipeline Integrity Technical Advisory 
        Committee established under subsection (c) for review, and the 
        report to Congress shall include the comments of the Advisory 
        Committee. The 5-year program plan shall take into account 
        related activities of all Federal agencies.
            (2) Consultation.--In preparing the program plan, the 
        Secretary of Energy, in cooperation with the Secretary of 
        Transportation and the Director of the National Institute of 
        Standards and Technology, shall consult with appropriate 
        representatives of State and local government and the private 
        sector, including companies owning energy pipelines and 
        developers of next-generation pipelines, to help establish 
        program priorities.
            (3) Advice from other entities.--In preparing the program 
        plan, the Secretary of Energy, in cooperation with the 
        Secretary of Transportation and the Director of the National 
        Institute of Standards and Technology, shall also seek the 
        advice of other Federal agencies, utilities, manufacturers, 
        institutions of higher learning, pipeline research 
        institutions, national laboratories, environmental 
        organizations, pipeline safety advocates, professional and 
        technical societies, labor unions, and any other appropriate 
        entities.
    (c) Pipeline Integrity Technical Advisory Committee.--
            (1) Establishment.--The Secretary of Energy, in cooperation 
        with the Secretary of Transportation and the Director of the 
        National Institute of Standards and Technology, shall establish 
        and manage a Pipeline Integrity Technical Advisory Committee 
        (in this subsection referred to as the ``Advisory Committee''). 
        The Advisory Committee shall be established not later than 6 
        months after the date of the enactment of this Act.
            (2) Duties.--The Advisory Committee shall--
                    (A) advise the Secretary of Energy, the Secretary 
                of Transportation, and the Director of the National 
                Institute of Standards and Technology on the 
                development and implementation of the program plan 
                prepared under subsection (b); and
                    (B) have a continuing role in evaluating the 
                progress and results of research, development, 
                demonstration, and standardization activities carried 
                out under this section.
            (3) Membership.--
                    (A) Appointment.--The Advisory Committee shall be 
                composed of--
                            (i) 3 members appointed by the Secretary of 
                        Energy;
                            (ii) 3 members appointed by the Secretary 
                        of Transportation; and
                            (iii) 3 members appointed by the Director 
                        of the National Institute of Standards and 
                        Technology.
                In making appointments, the Secretary of Energy, the 
                Secretary of Transportation, and the Director of the 
                National Institute of Standards and Technology shall 
                seek recommendations from the National Academy of 
                Sciences.
                    (B) Qualifications.--Members appointed to the 
                Advisory Committee shall have experience or be 
                technically qualified, by training or knowledge, in the 
                operations of the pipeline industry, and have 
                experience in the research and development of pipeline 
                or related technologies.
                    (C) Compensation.--The members of the Advisory 
                Committee shall serve without compensation, but shall 
                receive travel expenses, including per diem in lieu of 
                subsistence, in accordance with sections 5702 and 5703 
                of title 5, United States Code.
            (4) Meetings.--The Advisory Committee shall meet at least 4 
        times each year.
            (5) Termination.--The Advisory Committee shall terminate 5 
        years after its establishment.
    (d) Reports to Congress.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the Secretary of 
Energy, in cooperation with the Secretary of Transportation and the 
Director of the National Institute of Standards and Technology, shall 
transmit to the Congress a report on the status and results to date of 
the implementation of the program plan prepared under subsection (b).
    (e) Memorandum of Understanding.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Energy, the 
Secretary of Transportation, and the Director of the National Institute 
of Standards and Technology shall enter into a memorandum of 
understanding detailing their respective responsibilities under this 
section, consistent with the activities and capabilities identified 
under subsection (a)(3). The Department of Transportation's 
responsibilities shall reflect its expertise in pipeline inspection and 
information systems surety. The Department of Energy's responsibilities 
shall reflect its expertise in low-volume leak detection and 
surveillance technologies. The National Institute of Standards and 
Technology's responsibilities shall reflect its expertise in standards 
and materials research.
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated--
                    (A) to the Secretary of Energy $10,000,000;
                    (B) to the Secretary of Transportation $5,000,000; 
                and
                    (C) to the National Institute of Standards and 
                Technology $5,000,000,
        for each of the fiscal years 2003 through 2006 for carrying out 
        this section.
            (2) 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) Definitions.--For purposes of this section--
            (1) the term ``energy pipeline'' means a pipeline system 
        used in the transmission or local distribution of natural gas 
        (including liquefied natural gas), crude oil, or refined 
        petroleum products;
            (2) the term ``next-generation pipeline'' means a 
        transmission or local distribution pipeline system designed to 
        transmit energy or energy-related products, in liquid or 
        gaseous form, other than energy pipelines; and
            (3) the term ``pipeline'' means an energy pipeline or a 
        next-generation pipeline.

SEC. 10. CERTIFICATION OF PIPELINE QUALIFICATION PROGRAMS.

    (a) Certification Program.--
            (1) In general.--Chapter 601 is further amended by adding 
        at the end the following:
``Sec. 60130. Certification 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 personnel of the operator 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 industry standards for 
                the qualifications of personnel described in subsection 
                (a).
                    ``(B) A requirement that pipeline operators develop 
                and implement written plans and procedures to train and 
                evaluate the abilities of personnel described in 
                subsection (a) to meet the industry standards 
                established under subparagraph (A).
                    ``(C) A requirement that the plans and procedures 
                adopted by a pipeline operator under subparagraph (B) 
                be certified under subsection (e).
    ``(c) Development of Qualification Programs by Pipeline 
Operators.--Not later than 2 years after the date of the enactment of 
this section, the Secretary shall require a pipeline operator to 
develop and adopt a qualification program that complies with the 
standards and criteria described in subsection (b).
    ``(d) Elements of Qualification Programs.--A qualification program 
adopted by an operator under subsection (a) shall include, at a 
minimum, the following elements:
            ``(1) A method for examining or testing the qualifications 
        of personnel described in subsection (a). Such method may not 
        be limited to observation of on-the-job performance, except 
        with respect to tasks for which the Secretary has determined 
        that such observation is the best method of examining or 
        testing qualifications. The Secretary shall ensure that the 
        results of any such observations are documented in writing.
            ``(2) A requirement that the operator complete the 
        qualification of all personnel 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 personnel 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) Certification of Programs.--
            ``(1) In general.--The Secretary shall certify the 
        qualification program of each pipeline operator. The 
        qualification program of a pipeline operator shall be certified 
        if the operator's program complies with the standards and 
        criteria described in subsection (b) and includes the elements 
        described in paragraphs (1) through (3) of subsection (d).
            ``(2) Agreement or state authorization.--The Secretary may 
        enter into a cooperative agreement or contract with a public or 
        private entity, or may authorize a State authority, to certify 
        qualification programs under this subsection.
            ``(3) Deadline for completion.--Certifications under this 
        subsection shall be completed not later than 3 years after the 
        date of the enactment of this section.
            ``(4) 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.
            ``(5) Program modifications.--If the operator of a pipeline 
        facility seeks to modify significantly a program that has been 
        certified under this subsection, the operator shall submit the 
        modifications to the Secretary for approval.
            ``(6) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
            ``(7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards and criteria as 
        described in subsection (b), an operator of a pipeline facility 
        shall develop and adopt a qualification program that complies 
        with the requirement of subsection (b)(2)(B) and includes the 
        elements described in paragraphs (1) through (3) of subsection 
        (d) not later than 2 years after the date of enactment of this 
        section.
    ``(f) Covered Task Defined.--In this section, the term `covered 
task'--
            ``(1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 192.801 of title 49, Code 
        of Federal Regulations, as in effect on the date of enactment 
        of this section; and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, as in effect on the date of enactment of this section.
    ``(g) Report.--Not later than 5 years after the date of enactment 
of this section, the Secretary shall transmit to Congress a report on 
the status and results to date of the personnel qualification 
regulations issued under this chapter.''.
            (2) Conforming amendment.--The analysis for chapter 601 is 
        amended by adding at end the following:

``60130. Certification of pipeline qualification programs.''.
    (b) Pilot Program for Certification of Certain Pipeline Workers.--
            (1) In general.--Not later than 36 months after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) develop tests and other requirements for 
                certifying the qualifications of individuals who 
                operate computer-based systems for controlling the 
                operations of pipelines; and
                    (B) establish and carry out a pilot program for 3 
                pipeline facilities under which the individuals 
                operating computer-based systems for controlling the 
                operations of pipelines at such facilities are required 
                to be certified under the process established under 
                subparagraph (A).
            (2) Report.--The Secretary shall include in the report 
        required under section 60130(g), as added by subsection (a) of 
        this section, the results of the pilot program. The report 
        shall include--
                    (A) a description of the pilot program and 
                implementation of the pilot program at each of the 3 
                pipeline facilities;
                    (B) an evaluation of the pilot program, including 
                the effectiveness of the process for certifying 
                individuals who operate computer-based systems for 
                controlling the operations of pipelines;
                    (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate computer-based systems for controlling the 
                operations of pipelines; and
                    (D) an assessment of the ramifications of requiring 
                the certification of other individuals performing 
                safety-sensitive functions for a pipeline facility.
            (3) Definition.--For purposes of this subsection, the term 
        ``computer-based systems'' means supervisory control and data 
        acquisition systems.

SEC. 11. ADDITIONAL GAS PIPELINE PROTECTIONS.

    (a) Risk Analysis and Integrity Management Programs.--Section 60109 
is amended by adding at the end the following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement.--Each operator of a gas pipeline 
        facility shall conduct an analysis of the risks to each 
        facility of the operator in an area identified pursuant to 
        subsection (a)(1), and shall adopt and implement a written 
        integrity management program for such facility to reduce the 
        risks.
            ``(2) Regulations.--Not later than 18 months after the date 
        of the enactment of this subsection, the Secretary shall issue 
        regulations prescribing standards to direct an operator's 
        conduct of a risk analysis and adoption and implementation of 
        an integrity management program under this subsection. The 
        regulations shall require the conduct of the risk analysis and 
adoption of the integrity management program to occur within a time 
period prescribed by the Secretary, not to exceed 1 year after the 
issuance of such regulations. The Secretary may satisfy the 
requirements of this paragraph through the issuance of regulations 
under this paragraph or under other authority of law.
            ``(3) Minimum requirements of integrity management 
        programs.--An integrity management program required under 
        paragraph (1) shall include, at a minimum, the following 
        requirements:
                    ``(A) A baseline integrity assessment of each of 
                the operator's facilities in areas identified pursuant 
                to subsection (a)(1), to be completed not later than 10 
                years after the date of the adoption of the integrity 
                management program, by internal inspection device, 
                pressure testing, direct assessment, or an alternative 
                method that the Secretary determines would provide an 
                equal or greater level of safety.
                    ``(B) Subject to paragraph (4), periodic 
                reassessment of the facility, at a minimum of once 
                every 7 years, using methods described in subparagraph 
                (A).
                    ``(C) Clearly defined criteria for evaluating the 
                results of inspections conducted under subparagraph (B) 
                and for taking actions based on such results.
                    ``(D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility and the 
                consequences of releases from the facility.
                    ``(E) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by an evaluation conducted under subparagraph (C) or 
                the analysis conducted under subparagraph (D).
                    ``(F) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility.
                    ``(G) A method for monitoring cathodic protection 
                systems throughout the pipeline system of the operator 
                to the extent not addressed by other regulations.
                    ``(H) If the Secretary raises a safety concern 
                relating to the facility, a description of the actions 
                to be taken by the operator to address the safety 
                concern, including issues raised with the Secretary by 
                States and local authorities under an agreement entered 
                into under section 60106.
            ``(4) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reassessment of a facility under paragraph 
        (3)(B) for reasons that may include the need to maintain local 
        product supply or the lack of internal inspection devices if 
        the Secretary determines that such waiver is not inconsistent 
        with pipeline safety.
            ``(5) Standards.--The standards prescribed by the Secretary 
        under paragraph (2) shall address each of the following 
        factors:
                    ``(A) The minimum requirements described in 
                paragraph (3).
                    ``(B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to the 
                minimum requirements of paragraph (3)(B).
                    ``(C) The manner in which the inspections or 
                testing are conducted.
                    ``(D) The criteria used in analyzing results of the 
                inspections or testing.
                    ``(E) The types of information sources that must be 
                integrated in assessing the integrity of a pipeline 
                facility as well as the manner of integration.
                    ``(F) The nature and timing of actions selected to 
                address the integrity of a pipeline facility.
                    ``(G) Such other factors as the Secretary 
                determines appropriate to ensure that the integrity of 
                a pipeline facility is addressed and that appropriate 
                mitigative measures are adopted to protect areas 
                identified under subsection (a)(1).
        In prescribing those standards, the Secretary shall ensure that 
        all inspections required are conducted in a manner that 
        minimizes environmental and safety risks, and shall take into 
        account the applicable level of protection established by 
        national consensus standards organizations.
            ``(6) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a pipeline 
        facility to include in an integrity management program under 
        this subsection--
                    ``(A) changes to valves or the establishment or 
                modification of systems that monitor pressure and 
                detect leaks based on the operator's risk analysis; and
                    ``(B) the use of emergency flow restricting 
                devices.
            ``(7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards as described in 
        paragraph (2), an operator of a pipeline facility shall conduct 
        a risk analysis and adopt and implement an integrity management 
        program under paragraph (1) not later than 30 months after the 
        date of the enactment of this subsection.
            ``(8) Review of integrity management programs.--
                    ``(A) Review of programs.--
                            ``(i) In general.--The Secretary shall 
                        review a risk analysis and integrity management 
                        program under paragraph (1) and record the 
                        results of that review for use in the next 
                        review of an operator's program.
                            ``(ii) Context of review.--The Secretary 
                        may conduct a review under clause (i) as an 
                        element of the Secretary's inspection of an 
                        operator.
                            ``(iii) Inadequate programs.--If the 
                        Secretary determines that a risk analysis or 
                        integrity management program does not comply 
                        with the requirements of this subsection or 
                        regulations issued as described in paragraph 
                        (2), or is inadequate for the safe operation of 
                        a pipeline facility, the Secretary shall act 
                        under section 60108(a)(2) to require the 
                        operator to revise the risk analysis or 
                        integrity management program.
                    ``(B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an operator of 
                a pipeline facility shall notify the Secretary of any 
                amendment made to the operator's integrity management 
                program not later than 30 days after the date of 
                adoption of the amendment.
                    ``(C) Transmittal of programs to state 
                authorities.--The Secretary shall provide a copy of 
                each risk analysis and integrity management program 
                reviewed by the Secretary under this paragraph to any 
                appropriate State authority with which the Secretary 
                has entered into an agreement under section 60106.
            ``(9) State review of integrity management plans.--A State 
        authority that enters into an agreement pursuant to section 
        60106, permitting the State authority to review the risk 
        analysis and integrity management program pursuant to paragraph 
        (8), may provide the Secretary with a written assessment of the 
        risk analysis and integrity management program, make 
        recommendations, as appropriate, to address safety concerns not 
        adequately addressed by the operator's risk analysis or 
        integrity management program, and submit documentation 
        explaining the State-proposed revisions. The Secretary shall 
        consider carefully the State's proposals and work in 
        consultation with the States and operators to address safety 
        concerns.
            ``(10) Application of standards.--Section 60104(b) shall 
        not apply to this section.''.
    (b) Integrity Management Regulations.--Section 60109 is further 
amended by adding at the end the following:
    ``(d) Evaluation of Integrity Management Regulations.--Not later 
than 5 years after the date of enactment of this subsection, the 
Secretary shall complete an assessment and evaluation of the effects on 
public safety and the environment of the requirements for the 
implementation of integrity management programs contained in the 
standards prescribed as described in subsection (c)(2).''.
    (c) Conforming Amendment.--Section 60118(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) conduct a risk analysis, and adopt and implement an 
        integrity management program, for pipeline facilities as 
        required under section 60109(c).''.
    (d) Study of Reassessment Intervals.--
            (1) Study.--The Secretary of Transportation shall conduct a 
        study to evaluate the 7-year reassessment interval required by 
        section 60109(c)(3)(B) of title 49, United States Code, as 
        added by subsection (a) of this section.
            (2) Report.--Not later than 7 years after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study conducted under paragraph 
        (1).

SEC. 12. SECURITY OF PIPELINE FACILITIES.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60131. Security of pipeline facilities
    ``(a) Terrorism Security Programs.--
            ``(1) In general.--Subject to the requirements of this 
        subsection, the operator of a pipeline facility shall develop 
        and implement a terrorism security program reviewed and 
        verified under paragraph (3).
            ``(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, and to safeguard pipeline workers.
            ``(3) Review and verification of programs.--Not later than 
        1 year after the date of enactment of this section, the 
        Secretary shall review the terrorism security program of each 
        pipeline operator and verify its compliance with this section. 
        The Secretary shall prescribe procedures for the review and 
        standards for the verification of such programs. The Secretary 
        shall record the results of that review for use in the next 
        review of an operator's program.
            ``(4) Inadequate programs.--If the Secretary determines 
        that a terrorism security program does not comply with the 
        requirements of this section, the Secretary shall act under 
        section 60108(a)(2) to require the operator to revise the 
        terrorism security program.
    ``(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.
    ``(c) Security Measures To Protect Against Acts of Terrorism or 
Sabotage.--
            ``(1) Rulemaking requirement.--The Secretary of 
        Transportation, not later than 60 days after the date of the 
        enactment of this subsection, after consultation with any 
        appropriate Federal, State, or nongovernmental entities, shall 
        commence a rulemaking to require effective security measures 
        which the Secretary determines are necessary to be adopted 
        against acts of terrorism or sabotage directed against 
        waterfront liquefied natural gas plants located in or within 1 
        mile of a densely populated urban area. Within 1 year after the 
        date of the enactment of this subsection, the Secretary of 
        Transportation shall issue a final rule.
            ``(2) Factors to be considered.--Regulations issued under 
        paragraph (1) shall take into account--
                    ``(A) the events of September 11, 2001;
                    ``(B) the potential for attack on facilities by 
                multiple coordinated teams totaling in the aggregate a 
                significant number of individuals;
                    ``(C) the potential for assistance in an attack 
                from several persons employed at the facility;
                    ``(D) the potential for suicide attacks;
                    ``(E) water-based and air-based threats;
                    ``(F) the potential use of explosive devices of 
                considerable size and other modern weaponry;
                    ``(G) the potential for attacks by persons with a 
                sophisticated knowledge of facility operations;
                    ``(H) the threat of fires and large explosions; and
                    ``(I) special threats and vulnerabilities affecting 
                facilities located in or within 1 mile of a densely 
                populated urban area.
            ``(3) Requirements.--Regulations issued under paragraph (1) 
        shall establish requirements for waterfront liquefied natural 
        gas plants relating to construction, operation, security 
        procedures, and emergency response, and shall require 
        conforming amendments to applicable standards and rules.
            ``(4) Operational security response evaluation.--(A) 
        Regulations issued under paragraph (1) shall include the 
        establishment of policies and procedures by the Secretary of 
        Transportation, which shall ensure that the operational 
        security response of each facility described in subparagraph 
        (B) is tested at least once every 2 years through the use of 
        force-on-force exercises to determine whether the threat 
        factors identified in regulations issued under paragraph (1) 
        have been adequately addressed.
            ``(B) Facilities subject to testing under subparagraph (A) 
        include waterfront liquefied natural gas plants located in or 
        within 1 mile of a densely populated urban area, and associated 
        support facilities and equipment.
            ``(5) Review and revision.--Regulations issued under 
        paragraph (1) shall be reviewed and revised as appropriate at 
        least once every 5 years.
            ``(6) Definitions.--For purposes of this subsection, the 
        term `densely populated urban area' means an area with a 
        population density of more than 10,000 people per square 
        mile.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

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

SEC. 13. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) In General.--Chapter 601 is further amended by adding at the 
end the following:
``Sec. 60132. National pipeline mapping system
    ``(a) Information To Be Provided.--Not later than 6 months after 
the date of enactment of this section, the operator of a pipeline 
facility (except distribution lines and gathering lines) shall provide 
to the Secretary of Transportation the following information with 
respect to the facility:
            ``(1) Geospatial data appropriate for use in the National 
        Pipeline Mapping System or data in a format that can be readily 
        converted to geospatial data.
            ``(2) The name and address of the person with primary 
        operational control to be identified as its operator for 
        purposes of this chapter.
            ``(3) A means for a member of the public to contact the 
        operator for additional information about the pipeline 
        facilities it operates.
    ``(b) Updates.--A person providing information under subsection (a) 
shall provide to the Secretary updates of the information to reflect 
changes in the pipeline facility owned or operated by the person and as 
otherwise required by the Secretary.
    ``(c) Technical Assistance To Improve Local Response 
Capabilities.--The Secretary may provide technical assistance to State 
and local officials to improve local response capabilities for pipeline 
emergencies by adapting information available through the National 
Pipeline Mapping System to software used by emergency response 
personnel responding to pipeline emergencies.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

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

SEC. 14. COORDINATION OF ENVIRONMENTAL REVIEWS.

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

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

SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

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

SEC. 16. RECOMMENDATIONS AND RESPONSES.

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

``60134. Recommendations and responses.''.

SEC. 17. MISCELLANEOUS AMENDMENTS.

    (a) Protection of Public Health, Welfare, and the Environment.--
Section 60102(a)(1) is amended by inserting ``in order to protect 
public health and welfare and the environment from reasonably 
anticipated threats that could be posed by such transportation and 
facilities'' after ``and for pipeline facilities''.
    (b) Conflicts of Interest.--Section 60115(b)(4) is amended by 
adding at the end the following new subparagraph:
    ``(D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in the 
pipeline, petroleum, or gas industry.''.

SEC. 18. TECHNICAL AMENDMENTS.

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

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for section 60107) related to gas and hazardous liquid, the following 
amounts are authorized to be appropriated to the Department of 
Transportation:
            ``(1) $45,800,000 for fiscal year 2003, of which 
        $31,900,000 is to be derived from user fees for fiscal year 
        2003 collected under section 60301 of this title.
            ``(2) $46,800,000 for fiscal year 2004, of which 
        $35,700,000 is to be derived from user fees for fiscal year 
        2004 collected under section 60301 of this title.
            ``(3) $47,100,000 for fiscal year 2005, of which 
        $41,100,000 is to be derived from user fees for fiscal year 
        2005 collected under section 60301 of this title.
            ``(4) $50,000,000 for fiscal year 2006, of which 
        $45,000,000 is to be derived from user fees for fiscal year 
        2006 collected under section 60301 of this title.''.
    (b) State Grants.--Section 60125 is amended--
            (1) by striking subsections (b), (d), and (f) and 
        redesignating subsections (c) and (e) as subsections (b) and 
        (c), respectively; and
            (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
            ``(A) $19,800,000 for fiscal year 2003, of which 
        $14,800,000 is to be derived from user fees for fiscal year 
        2003 collected under section 60301 of this title.
            ``(B) $21,700,000 for fiscal year 2004, of which 
        $16,700,000 is to be derived from user fees for fiscal year 
        2004 collected under section 60301 of this title.
            ``(C) $24,600,000 for fiscal year 2005, of which 
        $19,600,000 is to be derived from user fees for fiscal year 
        2005 collected under section 60301 of this title.
            ``(D) $26,500,000 for fiscal year 2006, of which 
        $21,500,000 is to be derived from user fees for fiscal year 
        2006 collected under section 60301 of this title.''.
    (c) Conforming Amendment.--Section 60125(c) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.

SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT.

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




                                                 Union Calendar No. 367

107th CONGRESS

  2d Session

                               H. R. 3609

                  [Report No. 107-605, Parts I and II]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 23, 2002

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                             July 23, 2002

 Reported from the Committee on Energy and Commerce with an amendment; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed