[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 459 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 459

  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

   Mr. Larsen of Washington (for himself, Mr. Inslee, Mr. Dicks, Mr. 
    Pallone, Mr. McDermott, Mr. Baird, and Mr. Smith of Washington) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced safety, public awareness, and environmental 
     protection in pipeline transportation, and for other purposes.

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

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

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety 
Enhancement Act of 2001''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

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

SEC. 3. NTSB SAFETY RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation, the Administrator 
of the Research and Special Programs Administration of the Department 
of Transportation, and the Associate Administrator for Pipeline Safety 
of the Research and Special Programs Administration shall fully comply 
with section 1135 of title 49, United States Code, to ensure timely 
responsiveness to recommendations that are made about pipeline safety 
by the National Transportation Safety Board.
    (b) Public Availability.--Subsection (c) of section 1135 of title 
49, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c) Public Availability.--
        ''; and
            (2) by adding at the end the following:
    ``(2) The Secretary, the Administrator of the Research and Special 
Programs Administration of the Department of Transportation, or the 
Associate Administrator for Pipeline Safety of the Research and Special 
Programs Administration shall separately make available to the public a 
copy of each response made by that official to a recommendation under 
this section, together with a copy of the recommendation.''.
    (c) Annual Report to Congress.--Subsection (d) of such section is 
amended by striking ``a copy of the Secretary's response to each 
recommendation'' and inserting ``a copy of each response to each such 
recommendation by the Secretary, the Administrator of the Research and 
Special Programs Administration of the Department of Transportation, or 
the Associate Administrator for Pipeline Safety of the Research and 
Special Programs Administration''.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) Personnel Qualification Programs.--
            (1) Requirement for programs.--Chapter 601 is amended by 
        adding at the end the following:
``Sec. 60129. Pipeline personnel qualification programs
    ``(a) Qualification Programs.--
            ``(1) Requirement for programs.--Under regulations 
        prescribed by the Secretary, each operator of a pipeline 
        facility shall make available to the Secretary, or, in the case 
        of an intrastate pipeline facility operator, to the appropriate 
        State regulatory agency, a program that is designed to enhance 
        the qualifications of the pipeline personnel of that operator 
        and to reduce the likelihood of accidents and injuries. After 
        submittal of the program, the operator shall revise or update 
        the program when appropriate to ensure the current validity of 
        the program.
            ``(2) Content.--The program shall include, at a minimum, 
        criteria for the demonstration of the ability of an individual 
        to safely and properly perform tasks to which the standards 
        prescribed under section 60102 apply. The program shall also 
        provide for training and periodic reexamination of pipeline 
        personnel and for requalification of those personnel as 
        appropriate, including qualification for inspecting the 
        structural integrity of cable-suspension pipeline bridges.
            ``(3) 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 the operator and record the 
                results of that review for use in the next review of 
                the 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.
            ``(4) 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.
            ``(5) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
    ``(b) Standards.--
            ``(1) In general.--The Secretary may establish minimum 
        standards for pipeline personnel training and evaluation, which 
        may include written examination, oral examination, work 
        performance history review, observation of job performance, on 
        the job training, simulations, or other forms of assessment.
            ``(2) Limitation.--If the Secretary establishes observation 
        of job performance as a standard for the evaluation of 
        qualifications, no such evaluation may be based solely on that 
        standard.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 601 is amended by adding at the end the 
        following:

``60129. Pipeline personnel qualification programs.''.
    (b) Time for Initial Submittal.--Each entity operating a pipeline 
facility (within the meaning of section 60101(18) of title 49, United 
States Code, shall first submit a personnel qualification program under 
section 60129 of such title (as added by subsection (a)) not later than 
December 31, 2002.
    (c) Report to Congress.--
            (1) In general.--The Secretary of Transportation shall 
        submit to Congress a report evaluating the effectiveness of the 
        qualification and training efforts operators of pipeline 
        facilities.
            (2) Content.--The report shall include the following:
                    (A) Actions taken by inspectors.
                    (B) Recommendations made by inspectors for changes 
                to operator qualification and training programs.
                    (C) Industry responses to those actions and 
                recommendations.
                    (D) Responses of employees of the operators to 
                those actions and recommendations.
            (3) Criteria.--The Secretary may establish criteria for use 
        in evaluating and reporting on operator qualification and 
        training for purposes of this subsection.
            (4) Time for report.--The Secretary shall submit the report 
        required by paragraph (1) to Congress not later than three 
        years after the date of the enactment of this Act.

SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

    (a) Program Required.--Section 60109 is amended by adding at the 
end the following new subsection:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement for operator programs.--Each operator of 
        a gas transmission or hazardous liquid 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) Required elements of integrity management programs.--
        An integrity management program adopted by an operator of a 
        facility in an area identified pursuant to subsection (a)(1) 
        shall include, at a minimum, the following:
                    ``(A) Provision for periodic inspection of the 
                facility, by internal inspection device, pressure 
                testing, direct assessment, or an alternative method 
                that would provide an equal or greater level of safety, 
                including a specification of--
                            ``(i) the types of inspections;
                            ``(ii) the frequency of the inspections, 
                        which shall not be less frequent than once 
                        every five years; and
                            ``(iii) the manner in which the inspections 
                        or testing are to be conducted.
                    ``(B) Clearly defined criteria for evaluating the 
                results of--
                            ``(i) inspections conducted under 
                        subparagraph (A); and
                            ``(ii) any testing done in the inspection 
                        or as any other part of the integrity 
                        management program.
                    ``(C) Procedures for ensuring that problems 
                identified in such inspections or other testing are 
                corrected in a timely manner.
                    ``(D) A description of measures to prevent and 
                mitigate the consequences of unintended releases from 
                the facility, such as leak detection, integrity 
                evaluation, emergency flow restricting devices, and 
                other prevention, detection, and mitigation measures.
                    ``(E) The types of information sources that must be 
                integrated in assessing the integrity of the pipeline 
                facility as well as the manner of integration.
                    ``(F) The nature and timing of actions selected to 
                address the integrity of the pipeline facility.
                    ``(G) Any other factors that are appropriate for--
                            ``(i) ensuring that the integrity of the 
                        pipeline facility is addressed; or
                            ``(ii) providing appropriate mitigative 
                        measures for protecting areas identified under 
                        subsection (a)(1).
            ``(3) Systems to monitor pressure and detect leaks; use of 
        emergency flow restricting devices.--The operator of a pipeline 
        facility may also provide in an integrity management program 
        under paragraph (1) for the following:
                    ``(A) Changes to valves or the establishment or 
                modification of systems that monitor pressure and 
                detect leaks based on the operator's risk analysis.
                    ``(B) The use of emergency flow restricting 
                devices.
            ``(4) Increased frequency of inspections.--
                    ``(A) Considerations.--In determining whether to 
                require inspection of a facility more frequently than 
                once every five years, an operator shall take into 
                account, as appropriate, the following:
                            ``(i) The potential for development of new 
                        defects in the facility.
                            ``(ii) The operational characteristics of 
                        the facility, including age, operating 
                        pressure, block valve location, corrosion 
                        history, spill history, and any known 
                        deficiencies in the method of pipeline 
                        construction or installation.
                            ``(iii) The possible growth of new and 
                        existing defects.
                    ``(B) Outside force damage.--For purposes of 
                subparagraph (A)(i), in considering the potential for 
                development of new defects in a pipeline facility from 
                damage by an outside force, an operator shall consider 
                information available about current or planned 
                excavation activities and the effectiveness of damage 
                prevention programs in the area.
            ``(5) Standards for minimum level of protection.--An 
        operator of a pipeline facility that is required to implement 
        an integrity management program under paragraph (1) shall--
                    ``(A) adopt standards under this subsection that 
                provide a minimum level of protection for the 
                operator's facilities in areas identified pursuant to 
                subsection (a)(1) that is at least equivalent to the 
                applicable level of protection established by national 
                consensus standards organizations; and
                    ``(B) implement pressure testing and other 
                integrity management techniques in a manner that 
                minimizes environmental or safety risks, such as by use 
                of water for pressure testing.
            ``(6) Authority and responsibility of secretary.--
                    ``(A) Standards.--
                            ``(i) Authority.--The Secretary may 
                        prescribe standards to direct an operator's 
                        conduct of a risk analysis and adoption and 
                        implementation of an integrity management 
                        program under paragraph (1).
                            ``(ii) Inaction by secretary.--The 
                        responsibility of an operator of a pipeline 
                        facility to conduct a risk analysis or adopt or 
                        implement an integrity management program under 
                        paragraph (1) shall not be affected by any 
                        failure of the Secretary to prescribe standards 
                        under this subparagraph.
                    ``(B) Review of integrity management programs.--
                            ``(i) Transmittal to secretary.--Each 
                        operator of a pipeline facility shall transmit 
                        to the Secretary a detailed description of the 
                        operator's integrity management program in 
                        writing.
                            ``(ii) Authority to review.--The Secretary 
                        shall review the risk analysis and integrity 
                        management program and record the results of 
                        that review for use in the next review of the 
                        operator's program.
                            ``(iii) Context of review.--The Secretary 
                        may conduct a review under clause (ii) as an 
                        element of the Secretary's inspection of the 
                        operator.
                            ``(iv) Inadequate programs.--If the 
                        Secretary determines that an operator's risk 
                        analysis or integrity management program 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.
                            ``(v) Amendments to programs.--In order to 
                        facilitate reviews under this subparagraph, 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 the 
                        adoption of the amendment.
                            ``(vi) Transmittal of programs to state 
                        authorities.--The Secretary shall provide a 
copy of a risk analysis and integrity management program reviewed by 
the Secretary under this subparagraph to any appropriate State 
authority with which the Secretary has entered into an agreement under 
section 60106.
            ``(7) 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 written program, 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 carefully consider the State's proposals 
        and work in consultation with the States and operators to 
        address safety concerns.
            ``(8) Opportunity for local input on integrity 
        management.--The Secretary shall, by regulation, establish a 
        process for raising and addressing local safety concerns about 
        pipeline integrity and operators' pipeline integrity programs. 
        The process shall include the following:
                    ``(A) A requirement that an operator of a hazardous 
                liquid pipeline or an operator of a pipeline facility 
                for the transmission of natural gas, as the case may 
                be, provide information about the operator's risk 
                analysis and integrity management program required 
                under this section to local officials in the State in 
                which the facility is located.
                    ``(B) An identification of the local officials who 
                are required to be informed, the information that is to 
                be provided to them, and the manner (which may include 
                traditional or electronic means) in which it is to be 
                provided.
                    ``(C) The means for receiving input from the local 
                officials, which may include a public forum sponsored 
                by the Secretary or by the State or the submission of 
                written comments through traditional or electronic 
                means.
                    ``(D) The extent to which an operator must 
                participate in a public forum sponsored by the 
                Secretary or in another means for receiving input from 
                the local officials or in the evaluation of that input.
                    ``(E) The manner in which the Secretary will notify 
                the local officials about how their concerns are being 
                addressed.
            ``(9) Baseline integrity assessment.--An operator of a 
        pipeline facility that is required to implement an integrity 
        management program under paragraph (1) shall complete a 
        baseline integrity assessment of each of the operator's 
        facilities in areas identified pursuant to subsection 
        (a)(1).''.
    (b) Implementation.--
            (1) Risk analyses and integrity management programs.--The 
        initial risk analyses and integrity management programs 
        required under section 60109(c)(1) of title 49, United States 
        Code (as added by subsection (a) of this section), shall be 
        completed not later than one year after the date of enactment 
        of this Act.
            (2) Baseline integrity assessments.--The initial baseline 
        integrity assessment of the pipeline facility of each operator 
        required under section 60109(c)(9) of title 49, United States 
        Code (as added by subsection (a) of this section), shall be 
        completed not later than five years after the date of the 
        enactment of this Act.
            (3) Review.--
                    (A) Requirement for review.--Not later than 2 years 
                after all integrity management programs required to be 
                submitted within the time specified in paragraph (1)(A) 
                have been received by the Secretary of Transportation, 
                the Secretary shall complete an assessment and 
                evaluation of the effects on safety and the environment 
                of expanding the applicability of the requirements 
                under section 60109(c) of title 49, United States Code 
                (as added by subsection (a) of this section), to cover 
                additional areas.
                    (B) Submittal to congress.--The Secretary shall 
                submit to Congress the Secretary's assessment and 
                evaluation together with any recommendations for 
                improving and expanding the utilization of integrity 
                management programs under that subsection.
            (4) Opportunity for local input on integrity management.--
        The Secretary shall issue the regulations required under 
        section 60109(c)(8) of title 49, United States Code (as added 
        by subsection (a) of this section), not later than 18 months 
        after the date of the enactment of this Act.

SEC. 6. HAZARDOUS PIPELINE FACILITIES.

    Section 60112 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary 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.''; and
            (2) in subsection (d) by striking ``is hazardous,'' and 
        inserting ``is, or would be, hazardous,''.

SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT 
              TO KNOW.

    (a) Requirements.--
            (1) Program requirements.--
                    (A) In general.--Section 60116 is amended to read 
                as follows:
``Sec. 60116. Public education, emergency preparedness, and community 
              right to know
    ``(a) Public Education Programs.--
            ``(1) Requirement for programs.--
                    ``(A) In general.--Each owner or operator of a 
                pipeline facility shall carry out a continuing program 
                to educate the public about its facility.
                    ``(B) Content.--
                            ``(i) Information.--The program shall 
                        include information on the use of a one-call 
                        system for advance notification of an 
                        excavation and for other damage prevention 
                        actions, the possible hazards associated with 
                        unintended releases from the pipeline facility, 
                        the physical indications that such a release 
                        may have occurred, the steps that should be 
                        taken for public safety in the event of a 
                        pipeline release, and how to report such an 
                        event.
                            ``(ii) Other activities.--The public 
                        education program shall also include activities 
                        to advise affected municipalities, school 
                        districts, businesses, and residents of 
                        pipeline facility locations.
            ``(2) Periodic review.--The Secretary or the appropriate 
        State agency shall periodically review the public education 
        program of each owner or operator of a pipeline facility.
            ``(3) Program elements, standards, and materials.--The 
        Secretary may prescribe the elements of an effective public 
        education program and standards for assessing the effectiveness 
        of the program. The Secretary may also develop materials 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 the public safety and public 
                education programs to their activities to promote 
                pipeline safety.
    ``(b) Emergency Preparedness.--
            ``(1) Operator liaison.--Each operator of a pipeline 
        facility shall maintain liaison with the State emergency 
        response commissions, and local emergency planning committees 
        in the areas of pipeline rights-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) Information.--
                    ``(A) In general.--Each such operator shall, upon 
                request, make available to the State emergency response 
                commissions and local emergency planning committees, 
                and shall make available to the Office of Pipeline 
                Safety for the purpose of providing the information to 
                the public, the information described in section 
                60102(d), the operator's program for integrity 
                management under section 60109(c), and information on 
                the implementation of that program.
                    ``(B) Formats.--An operator of a pipeline facility 
                shall make the information available under this 
                paragraph in a standardized format and in a format that 
                is integrated into a commercial off-the-shelf in-
                vehicle portable computer global positioning system 
                navigation mapping software used in first responder 
                vehicles equipped with portable computers and 
                responding to pipeline spills.
                    ``(C) Designation of regional emergency 
                transportation coordinators.--
                            ``(i) Requirement.--The Secretary shall 
                        designate for the purposes of this paragraph 
                        the Regional Emergency Transportation 
                        Coordinator with the responsibility for 
                        defining the in-vehicle navigation mapping 
                        standards and contracting the outsource mapping 
                        vendor, which can provide the most cost 
                        effective first responder mapping tool, for 
                        coordinated emergency responses, in the 
                        geographic area.
                            ``(ii) Financial assistance.--The Secretary 
                        may, by grant, provide a Regional Emergency 
                        Transportation Coordinator designated under 
                        clause (i) with financial assistance for 
                        carrying out the responsibility imposed under 
                        that clause.
                    ``(D) Additional required content.--The operator 
                shall ensure that the information described in section 
                60102(d) that is made available about the pipeline 
                facility under this paragraph includes, at a minimum 
                the following information:
                            ``(i) An emergency telephone number that 
                        provides effective communication with the 
                        operator at any time during the 24 hours of 
                        each day.
                            ``(ii) In the description of the pipeline 
                        facility, information on the pipe diameter, the 
                        product or products carried, and the operating 
                        pressure.
                            ``(iii) In the maps showing the locations 
                        of the pipeline facility, any high consequence 
                        areas which the pipeline facility traverses or 
                        adjoins and abuts.
                            ``(iv) A summary description of the 
                        integrity measures the operator uses to assure 
                        safety and protection for the environment.
                            ``(v) A point of contact to respond to any 
                        questions from an emergency response 
                        representative.
            ``(3) Smaller communities.--For a community without a local 
        emergency planning committee, the operator shall maintain 
        liaison with the local firefighting, police, and other 
        emergency response agencies.
            ``(4) Public access.--The Secretary shall prescribe 
        requirements for appropriate public access to the information 
        made available under this subsection, including a requirement 
        that the information be made available to the public by widely 
        accessible computerized database.
    ``(c) Community Right To Know.--
            ``(1) Maps provided by owners and operators.--Not later 
        than 12 months after the date of enactment of this subsection 
        and annually thereafter, each owner or operator of a pipeline 
        facility shall provide to the governing body of each 
        municipality in which the pipeline facility is located, a map 
        identifying the location of such facility. The map may be 
        provided in electronic form.
            ``(2) Waiver of requirement in particular cases of gas 
        pipeline facilities.--
                    ``(A) Authority.--Under procedures prescribed by 
                the Secretary, the Secretary may waive the 
                applicability of paragraph (1) with respect to any part 
                of a gas pipeline facility for the transporting of 
                natural gas for which the Secretary determines that 
                compliance with that paragraph is not practicable.
                    ``(B) Inapplicability to liquid natural gas.--A 
                waiver may not be granted under subparagraph (A) for 
                any part of a pipeline facility for the transporting of 
                liquid natural gas.
            ``(3) Annual pipeline segment reports.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of this subsection and annually 
                therefore, each owner or operator of a pipeline 
                facility shall submit to the Secretary a report on 
                pipeline segments of the facility in accordance with 
                this subsection.
                    ``(B) Content of reports.--A pipeline segment 
                report of an owner or operator of a facility shall 
                include, at a minimum, the following information for 
                each pipeline segment of the facility:
                            ``(i) The business name, address, and 
                        telephone number of the owner or operator.
                            ``(ii) A summary description of the 
                        pipeline system containing the segment, 
                        including a general system map and a 
                        description of any product the pipeline 
                        transports, the length of the system, and 
                        origin and termination points.
                            ``(iii) State and local emergency response 
                        liaison information.
                            ``(iv) A description of periodic testing 
                        methods used on the segment and the frequency 
                        of such testing.
                            ``(v) A summary of the results of periodic 
                        testing of the segment, including any defects 
                        detected and actions taken to address the 
                        defects.
                            ``(vi) A description of the leak detection 
                        system in use on the segment and its 
                        sensitivity.
                            ``(vii) A 5-year incident history for the 
                        segment.
                            ``(viii) An inspection and enforcement 
                        history for the segment.
                            ``(ix) If applicable, a summary of 
                        integrity management program actions related to 
                        the segment.
            ``(4) Authority for flexibility in cases involving security 
        risks.--The Secretary may modify or waive any requirement for 
        certain information to be included in a report under paragraph 
        (2) if the Secretary determines that the inclusion of such 
        information would pose a risk to the security of a pipeline 
        system.
            ``(5) Pipeline segment defined.--In this subsection, the 
        term `pipeline segment' means--
                    ``(A) with respect to a gas transmission pipeline 
                facility, the length of pipeline between the origin and 
                the first compressor station, between intermittent 
                compressor stations, and between the final compressor 
                station and the termination point; and
                    ``(B) with respect to a hazardous liquid pipeline 
                facility, the length of pipeline between the origin and 
                the first pumping station, between intermittent pumping 
                stations, and between the final pumping station and the 
                termination point.
    ``(d) Emergency Response Grants.--The Secretary shall establish a 
program for making grants to State, county, and local governments in 
high consequence areas (as designated by the Secretary) for emergency 
response management, training, and technical assistance.
    ``(e) Public Availability of Reports.--The Secretary shall--
            ``(1) make available to the public--
                    ``(A) a safety-related condition report filed by an 
                operator under section 60102(h);
                    ``(B) a report of a pipeline incident filed by an 
                operator;
                    ``(C) the results of any inspection by the Office 
                of Pipeline Safety or a State regulatory official;
                    ``(D) a description of any corrective action taken 
                in response to a safety-related condition made 
                available under subparagraph (A), (B), or (C); and
                    ``(E) through the consolidated computer database of 
                the Secretary, each pipeline segment report submitted 
                under subsection (d); and
            ``(2) prescribe requirements for appropriate public access 
        to integrity management program information prepared under this 
        chapter, including requirements that will ensure data 
        accessibility to the greatest extent feasible.
    ``(f) Effect on Emergency Responders and Emergency Planning 
Committee.--Nothing in this section shall be construed to impose a new 
duty on State or local emergency responders or local emergency planning 
committees.''.
                    (B) Clerical amendment.--The item relating to such 
                section in the table of sections at the beginning of 
                chapter 601 is amended to read as follows:

``60116. Public education, emergency preparedness, and community right 
                            to know.''.
            (2) Safety condition reports.--Section 60102(h)(2) is 
        amended by striking ``State authorities'' in the second 
        sentence and inserting ``State officials, including the local 
        emergency responders.''.
    (b) Review of Public Education Programs.--
            (1) Review required.--Not later than one year after the 
        date of the enactment of this Act, each owner or operator of a 
        pipeline facility shall review its existing public education 
        program to determine the effectiveness of the program and shall 
        modify the program as necessary to improve the effectiveness of 
        the program and to comply with the requirements of section 
        60116 of title 49, United States Code, as amended by subsection 
        (a).
            (2) Submittal to secretary.--Upon completing the review and 
        any modification of the program resulting from the review, the 
        owner or operator, as the case may be, shall submit a detailed 
        description of the program to the Secretary of Transportation 
        or, in the case of an intrastate pipeline facility, to the 
        appropriate State agency.
    (c) Time for Implementation of Requirements--
            (1) Operator liaison.--Each operator of a pipeline facility 
        shall have the emergency response liaison required under 
        subsection (b) of section 60116 of title 49, United States Code 
        (as amended by subsection (a)), in place not later than one 
        year after the date of the enactment of this Act.
            (2) Community right to know.--Each owner or operator of a 
        pipeline facility shall ensure that the governing body of each 
        municipality in which the pipeline facility is located has a 
        map that identifies the location of such facility and otherwise 
        is in compliance with subsection (c) of section 60116 of title 
        49, United States Code (as amended by subsection (a)), not 
        later than one year after the date of the enactment of this 
        Act.
            (3) Initial pipeline segment reports.--Each owner or 
        operator of a pipeline facility shall submit its initial 
        pipeline segment report to the Secretary of Transportation 
        under subsection (d) of section 60116 of title 49, United 
        States Code (as amended by subsection (a)), not later than six 
        months after the date of the enactment of this Act.

SEC. 8. PENALTIES.

    (a) Civil Penalties.--Section 60122 is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$25,000'' in the first sentence 
                and inserting ``$500,000'';
                    (B) by striking ``$500,000'' in the third sentence 
                and inserting ``$1,000,000''; and
                    (C) by adding at the end the following: ``The 
                preceding sentence does not apply to judicial 
                enforcement action under section 60120 or 60121.'';
            (2) by adding at the end of subsection (a) the following:
            ``(3) Discharges from hazardous liquid pipelines.--A person 
        who is the owner, operator, or person in charge of a hazardous 
        liquid pipeline facility from which a hazardous liquid is 
        discharged is liable to the Government for a civil penalty of 
        at least $1,000 per barrel of oil or other hazardous liquid 
        discharged, except that a person may not be liable for a civil 
        penalty under this subsection for a discharge if the person has 
        been assessed a civil penalty under section 309 or 311(b) of 
        the Federal Water Pollution Control Act (33 U.S.C. 1319; 
        1321(b)) for the discharge. A person may be liable for a civil 
        penalty under this paragraph and paragraph (1) with respect to 
        the same discharge.''; and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Penalty Considerations.--In determining the amount of a civil 
penalty under this section--
            ``(1) the Secretary shall consider--
                    ``(A) the nature, circumstances, and gravity of the 
                violation, including any 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 discount because of subsequent 
                damages; and
                    ``(B) other matters that justice requires.''.
    (b) Excavator Damage.--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) in paragraph (2) by striking subparagraph (B) and 
        inserting the following:
                    ``(B) a pipeline facility, is aware of damage, and 
                does not report the damage promptly to the operator of 
                the pipeline facility and to other appropriate 
                authorities; or''.
    (c) Civil Actions.--Section 60120(a)(1) is amended to read as 
follows:
    ``(1) On the request of the Secretary of Transportation, the 
Attorney General may bring a civil action in an appropriate district 
court of the United States to enforce section 60112 or any other 
provision of this chapter, a regulation prescribed under this chapter, 
or an order issued under this chapter. The court may award appropriate 
relief, including a temporary or permanent injunction, punitive 
damages, and assessment of civil penalties considering the same factors 
as are prescribed for the Secretary for the administrative imposition 
of civil penalties under section 60122.''.

SEC. 9. 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); and
            (3) by inserting after subsection (a) the following:
    ``(b) Agreements With Certification.--
            ``(1) In general.--
                    ``(A) Authority.--If the Secretary accepts a 
                certification under section 60105 of this title and 
                makes the determinations required under this 
                subsection, the Secretary may enter into an agreement 
                with a State authority authorizing it to participate in 
                the oversight of interstate pipeline transportation.
                    ``(B) State plans required under agreements.--Each 
                such agreement shall include a plan for the State 
                authority to participate in special investigations 
                involving incidents or new construction and shall allow 
                the State authority to participate in other activities 
                overseeing interstate pipeline transportation or to 
                assume additional inspection or investigatory duties.
                    ``(C) Citizen participation.--The Secretary or the 
                State authority may provide for citizen participation 
                with respect to entry into and implementation of an 
                agreement under this paragraph.
                    ``(D) Relationship to other authority, 
                requirements, and restrictions.--Nothing in this 
                section modifies the limitation and prohibition in 
                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 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.''.
    (b) Terminating Agreements.--Subsection (e) of such section, as 
redesignated by subsection (a)(2), is amended to read as follows:
    ``(e) Terminating Agreements.--
            ``(1) Permissive termination.--The Secretary may terminate 
        an agreement with a State authority under this section if the 
        Secretary finds that the State authority has not complied with 
        a provision of the agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall terminate an agreement with a State authority for 
        participation in the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) the implementation of the agreement has 
                resulted in a deficiency 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.--
                    ``(A) Notice and hearing.--The Secretary shall 
                provide notice and an opportunity for a hearing to a 
                State authority before terminating an agreement under 
                this section.
                    ``(B) Opportunity for corrective action.--The 
                Secretary may provide a State an opportunity to correct 
                any deficiencies before terminating the agreement.
                    ``(C) Publication of termination.--The finding and 
                decision to terminate the agreement shall be published 
                in the Federal Register and may not become effective 
                for at least 15 days after the date of the publication 
                unless the Secretary finds that continuation of the 
                agreement poses an imminent hazard.''.
    (c) Savings Provision for Existing Agreements With States.--
            (1) Temporary continuation.--If requested by a State 
        authority that, on the date of the enactment of this Act, has 
        in effect an interstate agreement to oversee interstate 
        pipeline transportation that was entered into after January 
        2000, the Secretary of Transportation shall authorize the State 
        authority to oversee interstate pipeline transportation 
        pursuant to the terms of that agreement until the earlier of--
                    (A) the date on which the Secretary determines that 
                the State meets the requirements of paragraph (2) of 
                section 60106(b) of title 49, United States Code (as 
                added by subsection (a)), and executes a new agreement 
                under that section; or
                    (B) December 31, 2002.
            (2) Construction.--Nothing in this subsection shall prevent 
        the Secretary, after providing the State authority with a 
        notice, an opportunity for a hearing, and an opportunity to 
        correct any alleged deficiencies, from terminating an agreement 
        that was in effect before the date of the enactment of this Act 
        if the Secretary determines that--
                    (A) the State authority fails to comply with the 
                terms of the agreement;
                    (B) the implementation of the agreement has 
                resulted in a deficiency in the performance of 
                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.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    (a) Improvement of Pipeline Incident Reports.--
            (1) Requirement.--The Secretary of Transportation shall 
        make such revisions of the casual categories on pipeline 
        incident report forms as the Secretary determines necessary to 
        eliminate overlapping and confusing categories and 
        subcategories. In making the revisions, the Secretary shall 
        take into account the data collected under the plan developed 
        under paragraph (2).
            (2) Data collection plan.--Not later than one year after 
        the date of the enactment of this Act, the Secretary shall 
        develop and implement a comprehensive plan for collecting data 
        on gas and hazardous liquid pipeline facilities and for using 
        the data in making the revisions called for under paragraph 
        (1). The plan shall provide for the performance of sound 
        incident trend analysis and evaluations of pipeline operator 
        performance using normalized accident data.
    (b) Reports of Releases Exceeding 5 Gallons.--Section 60117(b) is 
amended--
            (1) by inserting ``(1)'' before ``To'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (3) by inserting before the last sentence the following:
    ``(2)(A) A person owning or operating a hazardous liquid pipeline 
facility regulated under this chapter shall report to the Secretary 
each release of more than five gallons of hazardous liquid, and each 
release of more than five gallons of carbon dioxide, from the facility 
to the environment while being transported through the facility.
    ``(B) A report under this paragraph shall include the following:
            ``(i) The location of the release.
            ``(ii) Any fatalities or personal injuries.
            ``(iii) The type of product.
            ``(iv) The amount of product released.
            ``(v) The cause or causes of the release.
            ``(vi) The extent of any damage to property or the 
        environment.
            ``(vii) The response undertaken to clean up the product 
        released and the effects of the release.
    ``(3) During the course of an incident investigation, a person 
owning or operating a pipeline facility shall make records, reports, 
and information required under subsection (a) or other reasonably 
described records, reports, and information relevant to the incident 
investigation, available to the Secretary within the time limits 
prescribed in a written request made by the Secretary.''; and
            (4) by indenting the first word of the last sentence and 
        inserting ``(4)'' before ``The Secretary'' in that sentence.
    (c) References to Penalty Authorities.--Chapter 601 is amended--
            (1) in section 60122(a)(1) by striking ``60114(c)'' and 
        inserting ``60117(b)(3)''; and
            (2) in section 60123(a) by striking ``60114(c),'' and 
        inserting ``60117(b)(3),''.
    (d) Establishment of National Depository.--Section 60117 is amended 
by adding at the end the following:
    ``(l) National Depository.--The Secretary shall establish a 
national depository of data on events and conditions, including spill 
histories and corrective actions for specific incidents, that can be 
used to evaluate the risk of, and to prevent, pipeline failures and 
releases. The Secretary shall administer the program through the 
Director of the Bureau of Transportation Statistics, in cooperation 
with the Administrator of the Research and Special Programs 
Administration, and shall make such information available on the 
Internet and for use by State and local planning and emergency response 
authorities and the public.''.

SEC. 11. RESEARCH AND DEVELOPMENT.

    (a) Innovative Technology Development.--
            (1) In general.--The Secretary of Transportation shall 
        require that the research and development program of the 
        Department of Transportation include research that is directed 
toward the development of alternative technologies--
                    (A) to expand the capabilities of internal 
                inspection devices to identify and accurately measure 
                defects and anomalies;
                    (B) to inspect pipelines that cannot accommodate 
                internal inspection devices available on the date of 
                the enactment of this Act;
                    (C) to develop innovative techniques measuring the 
                structural integrity of pipelines;
                    (D) to improve the capability, reliability, and 
                practicality of external leak detection devices; and
                    (E) to develop and improve alternative technologies 
                to identify and monitor outside force damage to 
                pipelines.
            (2) Cooperative agreements.--The Secretary may participate 
        in additional technological development under this subsection 
        through cooperative agreements entered into with trade 
        associations, academic institutions, or other qualified 
        organizations.
    (b) Pipeline Safety and Reliability Research and Development.--
            (1) Requirement for program.--The Secretary of 
        Transportation, in coordination with the Secretary of Energy, 
        shall develop and implement an accelerated cooperative program 
        of research and development to ensure the integrity of natural 
        gas and hazardous liquid pipelines. The research and 
        development program--
                    (A) shall include materials inspection techniques, 
                risk assessment methodology, and information systems 
                surety; and
                    (B) shall complement, and not replace, the research 
                program of the Department of Energy addressing natural 
                gas pipeline issues that is in place on the date of the 
                enactment of this Act.
            (2) Purpose.--The purpose of the cooperative research 
        program shall be to promote pipeline safety research and 
        development to--
                    (A) ensure long-term safety, reliability and 
                service life for existing pipelines;
                    (B) expand capabilities of internal inspection 
                devices to identify and accurately measure defects and 
                anomalies;
                    (C) develop inspection techniques for pipelines 
                that cannot accommodate the internal inspection devices 
                available on the date of enactment;
                    (D) develop innovative techniques to measure the 
                structural integrity of pipelines to prevent pipeline 
                failures;
                    (E) develop improved materials and coatings for use 
                in pipelines;
                    (F) improve the capability, reliability, and 
                practicality of external leak detection devices;
                    (G) identify underground environments that might 
                lead to shortened service life;
                    (H) enhance safety in pipeline siting and land use;
                    (I) minimize the environmental impact of pipelines;
                    (J) demonstrate technologies that improve pipeline 
                safety, reliability, and integrity;
                    (K) provide risk assessment tools for optimizing 
                risk mitigation strategies; and
                    (L) provide highly secure information systems for 
                controlling the operation of pipelines.
            (3) Potential areas for research and development.--In 
        carrying out this subsection, the Secretary of Transportation, 
        in coordination with the Secretary of Energy, shall consider 
        research and development on natural gas, crude oil, and other 
        and petroleum product pipelines for--
                    (A) early crack, defect, and damage detection, 
                including real-time damage monitoring;
                    (B) automated internal pipeline inspection sensor 
                systems;
                    (C) land use guidance and set-back management along 
                pipeline rights-of-way for communities;
                    (D) internal corrosion control;
                    (E) corrosion-resistant coatings;
                    (F) improved cathodic protection;
                    (G) inspection techniques where internal inspection 
                is not feasible, including measurement of structural 
                integrity;
                    (H) external leak detection, including portable 
                real-time video imaging technology, and the advancement 
                of computerized control center leak detection systems 
                utilizing real-time remote field data input;
                    (I) longer life, high strength, noncorrosive 
                pipeline materials;
                    (J) assessment of the remaining strength of 
                existing pipes;
                    (K) risk and reliability analysis models to be used 
                to identify, on the basis of an analysis of data 
                obtained from a pipeline performance tracking 
initiative, safety improvements that could be realized in the near 
term;
                    (L) identification, monitoring (including 
                monitoring by satellite surveillance), and prevention 
                of outside force damage; and
                    (M) any other areas necessary for ensuring the 
                public safety and protecting the environment.
            (4) Points of contact.--
                    (A) In general.--To coordinate and implement the 
                research and development programs and activities 
                authorized under this subsection--
                            (i) the Secretary of Transportation shall 
                        designate, as the point of contact for the 
                        Department of Transportation, an officer of the 
                        Department of Transportation who has been 
                        appointed by the President, by and with the 
                        advice and consent of the Senate; and
                            (ii) the Secretary of Energy shall 
                        designate, as the point of contact for the 
                        Department of Energy, an officer of the 
                        Department of Energy who has been appointed by 
                        the President, by and with the advice and 
                        consent of the Senate.
                    (B) Duties.--
                            (i) Duty primarily of dot official.--The 
                        point of contact for the Department of 
                        Transportation shall have the primary 
                        responsibility for coordinating and overseeing 
                        the implementation of the research, 
                        development, and demonstration program plan 
                        under paragraph (5).
                            (ii) Joint duties.--The points of contact 
                        designated under subparagraph (A) shall jointly 
                        assist in arranging cooperative agreements for 
                        research, development, and demonstration that 
                        involve their respective departments, national 
                        laboratories, universities, and industry 
                        research organizations.
            (5) Research and development program plan.--
                    (A) Requirement for plan.--
                            (i) In general.--Within 240 days after the 
                        date of the enactment of this Act, the 
                        Secretary of Transportation shall prepare and 
                        submit to Congress a 5-year program plan to 
                        guide activities under this subsection.
                            (ii) Coordination and consultation 
                        requirements.--In the preparation of the 
                        program plan, the Secretary shall coordinate 
                        with the Secretary of Energy and the Pipeline 
                        Integrity Technical Advisory Committee 
                        (established under section 12) and shall 
                        consult with appropriate representatives of the 
                        natural gas, crude oil, and petroleum product 
                        pipeline industries to select and prioritize 
                        appropriate project proposals.
                            (iii) Other sources of advice.--The 
                        Secretary may also seek the advice of 
                        representatives of utilities, manufacturers, 
                        institutions of higher education, Federal 
                        agencies, the pipeline research institutions, 
                        national laboratories, State pipeline safety 
                        authorities, environmental organizations, 
                        pipeline safety advocates, and professional and 
                        technical societies.
                    (B) Implementation of plan.--
                            (i) Primary responsibility.--The Secretary 
                        of Transportation shall have primary 
                        responsibility for ensuring that the 5-year 
                        plan provided for in subparagraph (A) is 
                        implemented as intended.
                            (ii) Authorized forms of agreements.--In 
                        carrying out the research, development, and 
                        demonstration activities under this subsection, 
                        the Secretary of Transportation and the 
                        Secretary of Energy may use, to the extent 
                        authorized under applicable provisions of law, 
                        contracts, cooperative agreements, cooperative 
                        research and development agreements under the 
                        Stevenson-Wydler Technology Innovation Act of 
                        1980 (15 U.S.C. 3701 et seq.), grants, joint 
                        ventures, other transactions, and any other 
                        form of agreement available to the Secretary 
                        consistent with the recommendations of the 
                        Advisory Committee.
                    (C) Annual report to congress.--The Secretary of 
                Transportation shall report to Congress annually as to 
                the status and results of the implementation of the 
                research and development program plan. The report shall 
                include a discussion of the activities of the 
                Department of Transportation, the Department of Energy, 
                the national laboratories, universities, and any other 
                research organizations, including industry research 
                organizations.

SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Transportation shall enter 
into appropriate arrangements with the National Academy of Sciences to 
establish and manage the Pipeline Integrity Technical Advisory 
Committee for the purpose of advising the Secretary of Transportation 
and the Secretary of Energy on the development and implementation of 
the 5-year research, development, and demonstration program plan under 
section 11(b)(5). The Advisory Committee shall have an ongoing role in 
evaluating the progress and results of the research, development, and 
demonstration carried out under that section.
    (b) Membership.--The National Academy of Sciences shall appoint the 
members of the Pipeline Integrity Technical Advisory Committee after 
consultation with the Secretary of Transportation and the Secretary of 
Energy. Members appointed to the Advisory Committee should have the 
qualifications necessary to provide technical contributions for the 
work of the Advisory Committee.

SEC. 13. DAMAGE PREVENTION.

    (a) Development of Strategic Plan.--The Secretary of Transportation 
shall develop and implement a strategic plan to reduce, within four 
years after the date of enactment of this Act, the annual number of 
accidental releases from pipelines regulated under chapter 601 of title 
49, United States Code, that are caused by damage by outside force by 
25 percent below the number for the year in which this Act is enacted.
    (b) Content of Plan.--The strategic plan shall include, at a 
minimum, a description of the efforts of the Secretary--
            (1) to expand and improve public education activities to 
        inform excavators, facility operators, employees of State and 
        local highway departments, and the public about the importance 
        of preventing damage to pipelines and underground facilities 
        and the importance of pipeline rights-of-way;
            (2) to expand the Secretary's judicial and prosecutorial 
        education activities and campaigns to increase awareness of the 
        importance of preventing damage to pipelines and underground 
        facilities;
            (3) to advance technology to improve contact with one-call 
        notification systems and to help mark and locate pipelines and 
        associated facilities before any excavation activity begins;
            (4) to identify, validate, and promote technology transfer 
        of the best practices used to prevent damage to underground 
        facilities and to update the report entitled ``Common Ground''; 
        and
            (5) to develop means to implement recommendations specified 
        in ``Common Ground''.
    (c) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall transmit to Congress a 
report containing the strategic plan.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING 
              AUTHORIZATIONS.

    (a) Gas and Hazardous Liquids.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--
            ``(1) Authorization of appropriations.--For carrying out 
        this chapter and other pipeline-related damage prevention 
        activities of this title (except for sections 60107 and 
        60116(e)), funds are authorized to be appropriated to the 
        Department of Transportation for periods and in amounts as 
        follows:
                    ``(A) For fiscal year 2002, $41,500,000, of which 
                $31,500,000 is to be derived from user fees collected 
                for fiscal year 2002 under section 60301 of this title.
                    ``(B) For each of the fiscal years 2003 and 2004, 
                $45,000,000, of which $34,000,000 is to be derived from 
                user fees collected for each of fiscal year 2003 and 
                fiscal year 2004, respectively, under section 60301 of 
                this title.
            ``(2) Allocations for research.--Of the amounts 
        appropriated pursuant to paragraph (1) for a fiscal year, not 
        less than the following amounts shall be used for research of 
        pipeline safety technologies described in section 11 of the 
        Pipeline Safety Enhancement Act of 2001:
                    ``(A) $5,000,000 for fiscal year 2002.
                    ``(B) $5,500,000 for fiscal year 2003.
                    ``(C) $6,000,000 for fiscal year 2004.''.
    (b) Grants to States.--Section 60125 is amended by striking 
subsections (b) and (c) and inserting the following:
    ``(c) State Grants.--Not more than the following amounts may be 
appropriated to the Secretary to carry out section 60107:
            ``(1) For fiscal year 2002, $21,000,000, of which 
        $18,000,000 is to be derived from collected user fees for 
        fiscal year 2002 under section 60301 of this title.
            ``(2) For each of fiscal years 2003 and 2004, $25,000,000, 
        of which $22,000,000 is to be derived from user fees collected 
        for each of fiscal year 2003 and fiscal year 2004, 
        respectively, under section 60301 of this title.''.
    (c) Emergency Response Grants and Oil Spills.--Section 60525 is 
amended by redesignating subsections (d), (e), and (f) as subsections 
(e), (f), (g) and by inserting after subsection (b) the following:
    ``(c) Emergency Response Grants.--There is authorized to be 
appropriated to carry out section 60116(e) $6,000,000 for each of 
fiscal years 2002, 2003, and 2004.''
    (d) Pipeline Integrity Program.--
            (1) Department of transportation.--Of the amounts available 
        in the Oil Spill Liability Trust Fund established by section 
        9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), 
        $5,000,000 shall be transferred to the Secretary of 
        Transportation for each of fiscal years 2002 through 2006 to 
        carry out programs for detection, prevention, and mitigation of 
        oil spills under sections 11(b) and 12 of this Act. Amounts 
        transferred under this paragraph are in addition to amounts 
        authorized to be appropriated under section 60125(d) of title 
        49, United States Code, as added by subsection (c)(2).
            (2) Authorization of appropriations for doe.--There are 
        authorized to be appropriated to the Secretary of Energy for 
        each of the fiscal years 2002 through 2006 such sums as may be 
        necessary for carrying out sections 11(b) and 12 of this Act.

SEC. 15. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

    (a) In General.--Chapter 601, as amended by section 4(a), is 
further amended by adding at the end the following:
``Sec. 60130. Protection of employees providing pipeline safety 
              information
    ``(a) Discrimination Against Pipeline Employees.--No operator of a 
pipeline facility, and no contractor or subcontractor involved in the 
operation of a pipeline facility, 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 provision of this 
chapter or of any other law of the United States relating to pipeline 
safety or any order, regulation, or standard issued under this chapter;
            ``(2) 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 such violation or any such alleged 
        violation;
            ``(3) testified or is about to testify in such a 
        proceeding; or
            ``(4) 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) Filing.--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 90 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.
                    ``(B) Notification.--Upon receipt of such a 
                complaint, the Secretary of Labor shall transmit to the 
                person named in the complaint and the Administrator of 
                the Research and Special Programs Administration a 
                written notification of the filing of the complaint the 
                allegations contained in the complaint, the substance 
                of evidence supporting the complaint, and the 
                opportunities that are afforded to such person under 
                paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) Investigation.--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, the 
                Secretary shall--
                            ``(i) conduct an investigation and 
                        determine whether there is reasonable cause to 
                        believe that the complaint has merit; and
                            ``(ii) transmit to the complainant and the 
                        person alleged to have committed a violation of 
                        subsection (a) a written notification of the 
                        Secretary's findings.
                    ``(B) Order for relief.--
                            ``(i) Preliminary order.--If the Secretary 
                        of Labor 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).
                            ``(ii) Objections and hearing.--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. A hearing granted under this 
                        clause shall be conducted expeditiously.
                            ``(iii) Finality of order.--If a hearing is 
                        not requested within such 30-day period, the 
                        preliminary order shall, upon the expiration of 
                        that period, become a final order that is not 
                        subject to judicial review.
                    ``(C) Burdens of proof.--
                            ``(i) Initial 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) Initial 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) Substantiation by complainant.--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 (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                            ``(iv) Rebuttal by employer.--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 
                the conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                relief prescribed in subparagraph (B) 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 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 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 
                        for the complainant the terms, conditions, and 
                        privileges associated with his or her 
                        employment; and
                            ``(iii) provide compensatory damages to the 
                        complainant.
                    ``(C) Assessment of costs.--If an order described 
                in subparagraph (B) is issued in the case of a 
                complaint, the Secretary of Labor, 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 of Labor, by the complainant for, or 
                in connection with, the bringing of the complaint.
                    ``(D) 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 the issuance of the final order 
                of the Secretary of Labor. The 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 of collateral attack.--An order of 
                the Secretary of Labor with respect to which a 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.--
                    ``(A) Commencement of action.--Whenever a 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 a 
                district in which the violation was found to occur to 
                enforce such order.
                    ``(B) Remedies.--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 to whom the 
                order was issued to require compliance with the order.
                    ``(B) Jurisdiction.--The United States district 
                courts shall have jurisdiction to enforce such order 
                without regard to the amount in controversy or the 
                citizenship of the parties.
                    ``(C) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney's and expert 
                witness' fees) to any party whenever the court 
                determines that 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, contractor 
or subcontractor who, acting without direction from the pipeline 
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.''.
    (b) Civil Penalty.--Section 60122(a) is amended by adding at the 
end the following:
    ``(3) A person violating section 60130, or an order issued under 
that section, is liable to the United States Government for a civil 
penalty of not more than $1,000 for each such violation. The penalties 
provided by paragraph (1) do not apply to a violation of section 60130 
or an order issued thereunder.''.
    (c) Conforming Amendment.--The table of sections at the beginning 
of chapter 601, as amended by section 4(a), is further amended by 
adding at the end the following:

``60130. Protection of employees providing pipeline safety 
                            information.''.

SEC. 16. STATE PIPELINE SAFETY ADVISORY COMMITTEES.

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

SEC. 17. STUDY OF FINES AND PENALTIES IMPOSABLE BY THE DEPARTMENT OF 
              TRANSPORTATION.

    (a) Requirement for Study.--The Inspector General of the Department 
of Transportation shall conduct an analysis of the Department's 
assessment of fines and penalties on gas transmission pipelines and 
hazardous liquid pipelines, including the cost of corrective actions 
required by the Department in lieu of fines.
    (b) Report to Congress.--
            (1) Requirement for report.--Not later than six months 
        after the date of the enactment of this Act, the Inspector 
        General shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the study.
            (2) Content of report.--The report shall include the 
        Inspector General's findings and any recommendations for 
        actions by the Secretary or Congress that the Inspector General 
        considers necessary to ensure that the fines assessed are an 
        effective deterrent for reducing pipeline safety risks.

SEC. 18. STUDY OF PIPELINE RIGHTS-OF-WAY AND THE ENVIRONMENT.

    (a) Authority.--The Secretary of Transportation is authorized to 
conduct a study on how best to preserve environmental resources in 
conjunction with maintaining pipeline rights-of-way.
    (b) Required Consideration.--Any study conducted under this section 
shall recognize pipeline operators' regulatory obligations to maintain 
rights-of-way and to protect public safety.

SEC. 19. STUDY OF POPULATION ENCROACHMENT.

    (a) Requirement for Study.--The Secretary of Transportation, in 
consultation with the heads of appropriate Federal agencies and 
representatives of appropriate State and local governments, shall 
undertake a study of land use practices and zoning ordinances that 
affect pipeline rights-of-way.
    (b) Purpose.--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 increase 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) Issuance and publication.--Not later than one year 
        after the date of the enactment of this Act, the Secretary 
        shall issue and 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 appropriate Federal agencies and to 
        States for further distribution to appropriate local 
        authorities.
    (e) Adoption of Appropriate 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.
    (f) Repeal of Superseded Provision.--
            (1) Repeal.--Section 60127 of title 49, United States Code, 
        is repealed.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 601 of such title is amended by striking 
        the item relating to section 60127.

SEC. 20. REPEAL OF REQUIREMENT FOR CONSIDERATION OF COSTS AND BENEFITS 
              IN THE PRESCRIBING OF PIPELINE SAFETY STANDARDS.

    Section 60102(b) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraphs (D) and (E); and
                    (B) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (D) and (E), respectively; and
            (2) by striking paragraphs (3) through (7).
                                 <all>