[Congressional Record Volume 146, Number 103 (Thursday, September 7, 2000)]
[Senate]
[Pages S8225-S8241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                PIPELINE SAFETY IMPROVEMENT ACT OF 2000

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 763, S. 2438.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read, as follows:

       A bill (S. 2438) to provide for enhanced safety, public 
     awareness, and environmental protection in pipeline 
     transportation, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation with an amendment as follows:
  [Strike out all after the enacting clause and insert the part printed 
in italic.]

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

       (a) Short Title.--This Act may be cited as the ``Pipeline 
     Safety Improvement Act of 2000''.
       (b) Amendment of Title 49, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is

[[Page S8226]]

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

     SEC. 3. NTSB SAFETY RECOMMENDATIONS.

       (a) In General.--The Secretary of Transportation, the 
     Administrator of Research and Special Program Administration, 
     and the Director of the Office of Pipeline Safety shall fully 
     comply with section 1135 of title 49, United States Code, to 
     ensure timely responsiveness to National Transportation 
     Safety Board recommendations about pipeline safety.
       (b) Public Availability.--The Secretary, Administrator, or 
     Director, respectively, shall make a copy of each 
     recommendation on pipeline safety and response, as described 
     in sections 1135 (a) and (b) of title 49, United States Code, 
     available to the public at reasonable cost.
       (c) Reports to Congress.--The Secretary, Administrator, or 
     Director, respectively, shall submit to the Congress by 
     January 1 of each year a report containing each 
     recommendation on pipeline safety made by the Board during 
     the prior year and a copy of the response to each such 
     recommendation.

     SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

       (a) Qualification Plan.--Each pipeline operator shall make 
     available to the Secretary of Transportation, or, in the case 
     of an intrastate pipeline facility operator, the appropriate 
     State regulatory agency, a plan that is designed to enhance 
     the qualifications of pipeline personnel and to reduce the 
     likelihood of accidents and injuries. The plan shall be made 
     available not more than 6 months after the date of enactment 
     of this Act, and the operator shall revise or update the plan 
     as appropriate.
       (b) Requirements.--The enhanced qualification plan shall 
     include, at a minimum, criteria to demonstrate the ability of 
     an individual to safely and properly perform tasks identified 
     under section 60102 of title 49, United States Code. The plan 
     shall also provide for training and periodic reexamination of 
     pipeline personnel qualifications and provide for 
     requalification as appropriate. The Secretary, or, in the 
     case of an intrastate pipeline facility operator, the 
     appropriate State regulatory agency, may review and certify 
     the plans to determine if they are sufficient to provide a 
     safe operating environment and shall periodically review the 
     plans to ensure the continuation of a safe operation. The 
     Secretary may establish minimum standards for pipeline 
     personnel training and evaluation, which may include written 
     examination, oral examination, work performance history 
     review, observation during performance on the job, on the job 
     training, simulations, or other forms of assessment.
       (c) Report to Congress.--
       (1) In general.--The Secretary shall submit a report to the 
     Congress evaluating the effectiveness of operator 
     qualification and training efforts, including--
       (A) actions taken by inspectors;
       (B) recommendations made by inspectors for changes to 
     operator qualification and training programs; and
       (C) industry responses to those actions and 
     recommendations.
       (2) Criteria.--The Secretary may establish criteria for use 
     in evaluating and reporting on operator qualification and 
     training for purposes of this subsection.
       (3) Due date.--The Secretary shall submit the report 
     required by paragraph (1) to the Congress 3 years after the 
     date of enactment of this Act.

     SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

       Section 60109 is amended by adding at the end the 
     following:
       ``(c) Integrity Management.--
       ``(1) General requirement.--The Secretary shall promulgate 
     regulations requiring operators of hazardous liquid pipelines 
     and natural gas transmission pipelines to evaluate the risks 
     to the operator's pipeline facilities in areas identified 
     pursuant to subsection (a)(1), and to adopt and implement a 
     program for integrity management that reduces the risk of an 
     incident in those areas. The regulations shall be issued no 
     later than one year after the Secretary has issued standards 
     pursuant to subsections (a) and (b) of this section or by 
     December 31, 2001, whichever is sooner.
       ``(2) Standards for program.--In promulgating regulations 
     under this section, the Secretary shall require an operator's 
     integrity management plan to be based on risk analysis and 
     each plan shall include, at a minimum--
       ``(A) internal inspection or pressure testing, or another 
     equally protective method, where these techniques are not 
     feasible, that periodically assesses the integrity of the 
     pipeline;
       ``(B) clearly defined criteria for evaluating the results 
     of the inspection or testing done under subparagraph (A) and 
     procedures to ensure identified problems are corrected in a 
     timely manner;
       ``(C) measures, as appropriate, that prevent and mitigate 
     unintended releases, such as leak detection, integrity 
     evaluation, restrictive flow devices, or other measures; and
       ``(D) a description of the operators' consultation with 
     State and local officials during development of the integrity 
     management plan and actions taken by the operator to address 
     safety concerns raised by such officials.
       ``(3) Criteria for program standards.--In deciding how 
     frequently the integrity inspections or testing under 
     paragraph (2)(A) must be conducted, an operator shall take 
     into account the potential for new defects developing or 
     previously identified structural defects caused by 
     construction or installation, the operational characteristics 
     of the pipeline, and leak history. In addition, the Secretary 
     may establish a minimum testing requirement for operators of 
     pipelines to conduct internal inspections.
       ``(4) State role.--A State authority that has an agreement 
     in effect with the Secretary under section 60106 is 
     authorized to review and assess an operator's risk analyses 
     and integrity management plans required under this section 
     for interstate pipelines located in that State. The reviewing 
     State authority shall provide the Secretary with a written 
     assessment of the plans, make recommendations, as 
     appropriate, to address safety concerns not adequately 
     addressed in the operator's plans, and submit documentation 
     explaining the State-proposed plan revisions. The Secretary 
     shall carefully consider the State's proposals and work in 
     consultation with the States and operators to address safety 
     concerns.
       ``(5) Monitoring implementation.--The Secretary of 
     Transportation shall review the risk analysis and program for 
     integrity management required under this section and provide 
     for continued monitoring of such plans. Not later than 2 
     years after the implementation of integrity management plans 
     under this section, the Secretary shall complete an 
     assessment and evaluation of the effects on safety and the 
     environment of extending all of the requirements mandated by 
     the regulations described in paragraph (1) to additional 
     areas. The Secretary shall submit the assessment and 
     evaluation to Congress along with any recommendations to 
     improve and expand the utilization of integrity management 
     plans.''.

     SEC. 6. ENFORCEMENT.

       (a) In General.--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 of Transportation may decide 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, of a component of the facility is, or would be, 
     constructed or operated with equipment, material, or a 
     technique that the Secretary decides is hazardous to life, 
     property, or the environment.'';
       (2) by striking ``is hazardous,'' in subsection (d) and 
     inserting ``is, or would be, hazardous'; and
       (3) by adding at the end thereof the following:
       ``(f) Shutdown Authority.--
       ``(1) In general.--If the Secretary, or, in the case of an 
     intrastate pipeline facility operator, the appropriate State 
     regulatory agency, determines that allowing the continued 
     operation of a hazardous liquid or natural gas pipeline 
     creates an imminent hazard (as defined in section 5102(5)), 
     the Secretary or the agency shall take such action as may be 
     necessary to prevent or restrict the operation of that system 
     for 30 days.
       ``(2) Subsequent extension after notice and hearing.--After 
     taking action under paragraph (1), the Secretary or the 
     agency may extend the period that action is in effect if the 
     Secretary or the agency determines, after notice and an 
     opportunity for a hearing, that allowing the operation of the 
     pipeline to resume would create an imminent hazard (as 
     defined in section 5102).''.

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

       (a) Section 60116 is amended to read as follows:

     ``Sec.  60116. Public education, emergency preparedness, and 
       community right to know

       ``(a) Public Education Programs.--
       ``(1) Each owner or operator of a gas or hazardous liquid 
     pipeline facility shall carry out a continuing program to 
     educate the public on the use of a one-call notification 
     system prior to excavation and other damage prevention 
     activities, the possible hazards associated with unintended 
     releases from the pipeline facility, the physical indications 
     that such a release may have occurred, what steps should 
     be taken for public safety in the event of a pipeline 
     release, and how to report such an event.
       ``(2) Within 12 months after the date of enactment of the 
     Pipeline Safety Improvement Act of 2000, each owner or 
     operator of a gas or hazardous liquid pipeline facility shall 
     review its existing public education program for 
     effectiveness and modify the program as necessary. The 
     completed program shall include activities to advise affected 
     municipalities, school districts, businesses, and residents 
     of pipeline facility locations. The completed program shall 
     be submitted to the Secretary or, in the case of an 
     intrastate pipeline facility operator, the appropriate State 
     agency and shall be periodically reviewed by the Secretary 
     or, in the case of an

[[Page S8227]]

     intrastate pipeline facility operator, the appropriate State 
     agency.
       ``(3) The Secretary may issue standards prescribing the 
     elements of an effective public education program. The 
     Secretary may also develop material for use in the program.
       ``(b) Emergency Preparedness.--
       ``(1) Operator liaison.--Within 12 months after the date of 
     enactment of the Pipeline Safety Improvement Act of 2000, an 
     operator of a gas transmission or hazardous liquid pipeline 
     facility shall initiate and maintain liaison with the State 
     emergency response commissions, and local emergency planning 
     committees in the areas of pipeline right-of-way, established 
     under section 301 of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11001) in each State in 
     which it operates.
       ``(2) Information.--An 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 in a standardized form for 
     the purpose of providing the information to the public, the 
     information described in section 60102(d), any program for 
     integrity management, and information about implementation of 
     that program. The information about the facility shall also 
     include, at a minimum--
       ``(A) the business name, address, telephone number of the 
     operator, including a 24-hour emergency contact number;
       ``(B) a description of the facility including pipe 
     diameter, the product or products carried, and the operating 
     pressure;
       ``(C) with respect to transmission pipeline facilities, 
     maps showing the location of the facility and, when 
     available, any high consequence areas which the pipeline 
     facility traverses or adjoins and abuts;
       ``(D) a summary description of the integrity measures the 
     operator uses to assure safety and protection for the 
     environment; and
       ``(E) a point of contact to respond to questions from 
     emergency response representative.
       ``(3) Smaller communities.--In a community without a local 
     emergency planning committee, the operator shall maintain 
     liaison with the local fire, police, and other emergency 
     response agencies.
       ``(4) Public access.--The Secretary shall prescribe 
     requirements for public access, as appropriate, to this 
     information, including a requirement that the information be 
     made available to the public by widely accessible 
     computerized database.
       ``(c) Community Right To Know.--Not later than 12 months 
     after the date of enactment of the Pipeline Safety 
     Improvement Act of 2000, and annually thereafter, the owner 
     or operator of each gas transmission or hazardous liquid 
     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. The Secretary may provide 
     technical assistance to the pipeline industry on developing 
     public safety and public education program content and best 
     practices for program delivery, and on evaluating the 
     effectiveness of the programs. The Secretary may also provide 
     technical assistance to State and local officials in applying 
     practices developed in these programs to their activities to 
     promote pipeline safety.
       ``(d) 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; and
       ``(D) a description of any corrective action taken in 
     response to a safety-related condition reported under 
     subparagraph (A), (B), or (C); and
       ``(2) prescribe requirements for public access, as 
     appropriate, to integrity management program information 
     prepared under this chapter, including requirements that will 
     ensure data accessibility to the greatest extent feasible.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     601 is amended by striking the item relating to section 60116 
     and inserting the following:

``60116. Public education, emergency preparedness, community right to 
              know''.

     SEC. 8. PENALTIES.

       (a) Civil Penalties.--Section 60122 is amended--
       (1) by striking ``$25,000'' in subsection (a)(1) and 
     inserting ``$500,000'';
       (2) by striking ``$500,000'' in subsection (a)(1) and 
     inserting ``$1,000,000'';
       (3) by adding at the end of subsection (a)(1) the 
     following: ``The preceding sentence does not apply to 
     judicial enforcement action under section 60120 or 60121.''; 
     and
       (4) 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 adverse impact on the environment;
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior violations, the ability to 
     pay, 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) by striking ``knowingly and willfully'';
       (2) by inserting ``knowingly and willfully'' before 
     ``engages'' in paragraph (1); and
       (3) striking paragraph (2)(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 
     this chapter, including section 60112 of this chapter, or a 
     regulation prescribed or order issued under this chapter. The 
     court may award appropriate relief, including a temporary or 
     permanent injunction, punitive damages, and assessment of 
     civil penalties considering the same factors as prescribed 
     for the Secretary in an administrative case under section 
     60122.''.

     SEC. 9. STATE OVERSIGHT ROLE.

       (a) State Agreements With Certification.--Section 60106 is 
     amended--
       (1) by striking ``General Authority.--'' in subsection (a) 
     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.--If the Secretary accepts a certification 
     under section 60105 of this title and makes the determination 
     required under this subsection, the Secretary may make an 
     agreement with a State authority authorizing it to 
     participate in the oversight of interstate pipeline 
     transportation. Each such agreement shall include a plan for 
     the State authority to participate in special investigations 
     involving incidents or new construction and allow the State 
     authority to participate in other activities overseeing 
     interstate pipeline transportation or to assume additional 
     inspection or investigatory duties.
       ``(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.
       ``(3) Existing agreements.--Except as provided in 
     subsection (e), an agreement between the Secretary and a 
     State authority that is in effect on the date of enactment of 
     the Pipeline Safety Improvement Act of 2000 shall remain in 
     effect until the Secretary determines that the State meets 
     the requirements for a determination under paragraph (2).''.
       (b) Ending Agreements.--Subsection (e) of section 60106, as 
     redesignated by subsection (a), is amended to read as 
     follows:
       ``(e) Ending Agreements.--
       ``(1) Permissive termination.--The Secretary may end an 
     agreement under this section when the Secretary finds that 
     the State authority has not complied with any provision of 
     the agreement.
       ``(2) Mandatory termination of agreement.--The Secretary 
     shall end an agreement for the oversight of interstate 
     pipeline transportation if the Secretary finds that--
       ``(A) implementation of such agreement has resulted in a 
     gap in the oversight responsibilities of intrastate pipeline 
     transportation by the State authority;
       ``(B) the State actions under the agreement have failed to 
     meet the requirements under subsection (b); or
       ``(C) continued participation by the State authority in the 
     oversight of interstate pipeline transportation is not 
     promoting pipeline safety.
       ``(3) Procedural requirements.--The Secretary shall give 
     the notice and an opportunity for a hearing to a State 
     authority before ending an agreement under this section. The 
     Secretary may provide a State an opportunity to correct any 
     deficiencies before ending an agreement. The finding and 
     decision to end the agreement shall be published in the 
     Federal Register and may not become effective for at least 15 
     days after the date of publication unless the Secretary finds 
     that continuation of an agreement poses an imminent 
     hazard.''.
       (c) Continuation of Interstate Agent Agreement Authority.--
       (1) In general.--If an agreement was in effect in 1999 
     between the Secretary of Transportation or one of its 
     agencies and a State to permit that State to oversee 
     interstate pipeline transportation, the Secretary shall 
     continue to permit that State to carry out activities 
     under the agreement, including inspection responsibilities 
     and other actions to ensure compliance with Federal 
     pipeline safety regulations.
       (2) Termination.--Notwithstanding paragraph (1), the 
     Secretary may terminate an agreement described in that 
     paragraph if--
       (A) the State wishes to withdraw from the agreement;
       (B) implementation of the agreement has resulted in gaps in 
     the oversight responsibilities of intrastate pipeline 
     transportation by the State; or

[[Page S8228]]

       (C) the State's oversight actions under the agreement have 
     had an adverse impact on pipeline safety or impeded 
     interstate commerce.
       (3) Procedural requirements for termination.--Before 
     terminating an agreement described in paragraph (1), the 
     Secretary shall give notice and an opportunity for a hearing 
     to the State, and provide an opportunity for the State to 
     correct any deficiencies. The Secretary shall publish the 
     decision to terminate such an agreement and the reasons 
     therefore in the Federal Register not less than 15 days 
     before the termination is effective, unless the Secretary 
     finds that continuation of an agreement poses an imminent 
     hazard.

     SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

       (a) In General.--Within 12 months after the date of 
     enactment of this Act, the Secretary shall develop and 
     implement a comprehensive plan for the collection and use of 
     gas and hazardous liquid pipeline data to revise the causal 
     categories on the incident report forms to eliminate 
     overlapping and confusing categories and include 
     subcategories. The plan shall include components to provide 
     the capability to perform sound incident trend analysis and 
     evaluations of pipeline operator performance using normalized 
     accident data.
       (b) Report of Releases Exceeding 5 Gallons.--Section 
     60117(b) is amended--
       (1) by inserting ``(1)'' before ``To'';
       (2) redesignating paragraphs (1) and (2) as subparagraphs 
     (A) and (B);
       (3) inserting before the last sentence the following:
       ``(2) A person owning or operating a hazardous liquid 
     pipeline facility shall report to the Secretary each release 
     to the environment greater than five gallons of the hazardous 
     liquid or carbon dioxide transported. This section applies to 
     releases from pipeline facilities regulated under this 
     chapter. A report must include the location of the release, 
     fatalities and personal injuries, type of product, amount of 
     product release, cause or causes of the release, extent of 
     damage to property and the environment, and the response 
     undertaken to clean up 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) of this section 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.''; and
       (4) indenting the first word of the last sentence and 
     inserting ``(4)'' before ``The Secretary'' in that sentence.
       (c) Penalty Authorities.--
       (1) Section 60122(a) is amended by striking ``60114(c)'' 
     and inserting ``60117(b)(3)''.
       (2) Section 60123(a) is amended 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 Bureau of Transportation 
     Statistics, in cooperation with the Research and Special 
     Programs Administration, and shall make such information 
     available for use by State and local planning and emergency 
     response authorities and the public.''.

     SEC. 11. INNOVATIVE TECHNOLOGY DEVELOPMENT.

       (a) In General.--As part of the Department of 
     Transportation's research and development program, the 
     Secretary of Transportation shall direct research attention 
     to the development of alternative technologies--
       (1) to expand the capabilities of internal inspection 
     devices to identify and accurately measure defects and 
     anomalies;
       (2) to inspect pipelines that cannot accommodate internal 
     inspection devices available on the date of enactment;
       (3) to develop innovative techniques measuring the 
     structural integrity of pipelines;
       (4) to improve the capability, reliability, and 
     practicality of external leak detection devices; and
       (5) to develop and improve alternative technologies to 
     identify and monitor outside force damage to pipelines.
       (b) Cooperative.--The Secretary may participate in 
     additional technological development through cooperative 
     agreements with trade associations, academic institutions, or 
     other qualified organizations.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquids.--Section 60125(a) is amended 
     to read as follows:
       ``(a) Gas and Hazardous Liquid.--To carry out this chapter 
     and other pipeline-related damage prevention activities of 
     this title (except for section 60107), there are authorized 
     to be appropriated to the Department of Transportation--
       ``(1) $26,000,000 for fiscal year 2001, of which 
     $20,000,000 is to be derived from user fees for fiscal year 
     2001 collected under section 60301 of this title; and
       ``(2) $30,000,000 for each of the fiscal years 2002 and 
     2003 of which $23,000,000 is to be derived from user fees for 
     fiscal year 2002 and fiscal year 2003 collected under section 
     60301 of this title.''.
       (b) Grants to States.--Section 60125(c) is amended to read 
     as follows:
       ``(c) State Grants.--Not more than the following amounts 
     may be appropriated to the Secretary to carry out section 
     60107--
       ``(1) $17,000,000 for fiscal year 2001, of which 
     $15,000,000 is to be derived from user fees for fiscal year 
     2001 collected under section 60301 of this title; and
       ``(2) $20,000,000 for the fiscal years 2002 and 2003 of 
     which $18,000,000 is to be derived from user fees for fiscal 
     year 2002 and fiscal year 2003 collected under section 60301 
     of this title.''.
       (c) Oil Spills.--Sections 60525 is amended by redesignating 
     subsections (d), (e), and (f) as subsections (e), (f), (g) 
     and inserting after subsection (c) the following:
       ``(d) Oil Spill Liability Trust Fund.--Of the amounts 
     available in the Oil Spill Liability Trust Fund, $8,000,000 
     shall be transferred to carry out programs authorized in this 
     Act for fiscal year 2001, fiscal year 2002, and fiscal year 
     2003.''.

     SEC. 13. OPERATOR ASSISTANCE IN INVESTIGATIONS.

       (a) In General.--If the Department of Transportation or the 
     National Transportation Safety Board investigate an accident, 
     the operator involved shall make available to the 
     representative of the Department or the Board all records and 
     information that in any way pertain to the accident 
     (including integrity management plans and test results), and 
     shall afford all reasonable assistance in the investigation 
     of the accident.
       (b) Hazardous Facility Designation.--A facility operated by 
     an operator that fails to take prompt action to relieve, 
     reassign, or place on leave (with or without compensation) 
     any employee whose duties affect public safety and whose 
     performance of those duties is a subject of such an accident 
     investigation until the conclusion of the investigation is 
     deemed to be hazardous under section 60112. The Secretary 
     shall take action under section 60112(d) against that 
     facility.

     SEC. 14. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
                   INFORMATION.

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

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

       ``(a) Discrimination Against Pipeline Employees.--No 
     pipeline operator or contractor or subcontractor of a 
     pipeline may discharge an employee or otherwise discriminate 
     against an employee with respect to compensation, terms, 
     conditions, or privileges of employment because the employee 
     (or any person acting pursuant to a request of the 
     employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or Federal Government information 
     relating to any violation or alleged violation of any order, 
     regulation, or standard of the Research and Special Programs 
     Administration or any other provision of Federal law relating 
     to pipeline safety under this chapter or any other law of the 
     United States;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or cause to be filed a 
     proceeding relating to any violation or alleged violation of 
     any order, regulation, or standard of the Administration or 
     any other provision of Federal law relating to pipeline 
     safety under this chapter or any other law of the United 
     States;
       ``(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 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. Upon receipt of such a complaint, the 
     Secretary of Labor shall notify, in writing, the person named 
     in the complaint and the Administrator of the Research and 
     Special Programs Administration of the filing of the 
     complaint, of the allegations contained in the complaint, of 
     the substance of evidence supporting the complaint, and of 
     the opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary of Labor a written response to the 
     complaint and an opportunity to meet with a representative of 
     the Secretary to present statements from witnesses, the 
     Secretary of Labor shall conduct an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify in writing the complainant 
     and the person alleged to have committed a violation of 
     subsection (a) of the Secretary's findings. If the Secretary 
     of Labor concludes that there is reasonable cause to believe 
     that a violation of subsection (a) has occurred, the 
     Secretary shall accompany the Secretary's findings with a 
     preliminary order providing the relief prescribed by 
     paragraph (3)(B). Not later than 30 days after the date of 
     notification of findings under this paragraph, either the 
     person alleged to have committed the violation or the 
     complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Such hearings shall be conducted expeditiously. If a 
     hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a 
     prima facie showing that any behavior

[[Page S8229]]

     described in paragraphs (1) through (4) of subsection (a) 
     was a contributing factor in the unfavorable personnel 
     action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by Secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (4) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--
       ``(A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under paragraph (2), the Secretary of Labor shall issue a 
     final order providing the relief prescribed by this paragraph 
     or denying the complaint. At any time before issuance of a 
     final order, a proceeding under this subsection may be 
     terminated on the basis of a settlement agreement entered 
     into by the Secretary 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 the terms, conditions, and privileges associated 
     with his or her employment; and
       ``(iii) provide compensatory damages to the complainant.
       If such an order is issued under this paragraph, the 
     Secretary of Labor, at the request of the complainant, shall 
     assess against the person whom the order is issued a sum 
     equal to the aggregate amount of all costs and expenses 
     (including attorney's and expert witness fees) reasonably 
     incurred, as determined by the Secretary of Labor, by the 
     complainant for, or in connection with, the bringing the 
     complaint upon which the order was issued.
       ``(C) Frivolous complaints.--If the Secretary of Labor 
     finds that a complaint under paragraph (1) is frivolous or 
     has been brought in bad faith, the Secretary of Labor may 
     award to the prevailing employer a reasonable attorney's fee 
     not exceeding $1,000.
       ``(4) Review.--
       ``(A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review must be filed not later 
     than 60 days after the date of issuance of the final order of 
     the Secretary of Labor. Review shall conform to chapter 7 of 
     title 5, United States Code. The commencement of proceedings 
     under this subparagraph shall not, unless ordered by the 
     court, operate as a stay of the order.
       ``(B) Limitation on collateral attack.--An order of the 
     Secretary of Labor with respect to which review could have 
     been obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       ``(5) Enforcement of order by secretary of labor.--Whenever 
     any person has failed to comply with an order issued under 
     paragraph (3), the Secretary of Labor may file a civil action 
     in the United States district court for the district in which 
     the violation was found to occur to enforce such order. In 
     actions brought under this paragraph, the district courts 
     shall have jurisdiction to grant all appropriate relief, 
     including, but not to be limited to, injunctive relief and 
     compensatory damages.
       ``(6) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       ``(B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award costs is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28, United States Code.
       ``(d) Nonapplicability To Deliberate Violations.--
     Subsection (a) shall not apply with respect to an 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 60129, or an order issued 
     thereunder, is liable to the Government for a civil penalty 
     of not more than $1,000 for each violation. The penalties 
     provided by paragraph (1) do not apply to a violation of 
     section 60129 or an order issued thereunder.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     601 is amended by adding at the end the following:

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

     SEC. 15. PIPELINE SAFETY ADVISORY COUNCIL PILOT PROGRAM.

       (a) Pilot Program.--Within 120 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     create a Pipeline Safety Advisory Council pilot program. 
     Under the pilot program, the Secretary shall establish one or 
     more Pipeline Safety Advisory Councils to provide advice and 
     recommendations to the Secretary on a range of hazardous 
     liquid or natural gas transmission pipeline safety issues 
     affecting pipelines operated in the State in which the 
     Council is established.
       (b) Establishment and Composition.--A Council shall be 
     comprised of 11 members, appointed by the Secretary as 
     follows:
       (1) All members shall be residents of the State in which 
     the pipelines are located the safety of which that Council is 
     to review and monitor.
       (2) The membership shall include representatives of--
       (A) the general public (who are not representatives of any 
     other category under this paragraph);
       (B) pipeline right-of-way property owners (who are not 
     representatives of any other category under this paragraph);
       (C) local governments;
       (D) emergency responders;
       (E) environmental organizations; and
       (F) State officials with jurisdiction over pipeline safety.
       (c) Functions.--Each Advisory Council shall provide advice 
     to the Secretary on pipeline safety regulations and other 
     matters relating to activities and functions of the 
     Department of Transportation's Office of Pipeline Safety. 
     Each meeting shall be open to the public and the Council 
     shall maintain minutes of each meeting. Any recommendations 
     made by a Council shall be available upon request to other 
     interested parties. In carrying out its advisory duties, each 
     Council shall--
       (1) provide advice and recommendations on policies, 
     permits, and regulations relating to the operation and 
     maintenance of pipeline facilities which affect the State to 
     the Secretary and the Governor of the State;
       (2) review and comment on proposals for new pipeline 
     facilities in the State, including issues of public safety 
     and environmental impact;
       (3) submit advice to the Secretary on permits and standards 
     that would affect the environment and safety of a pipeline 
     operating in that State;
       (4) submit recommendations to the Secretary and appropriate 
     authorities of the State on standards to improve pipeline 
     safety, accidental release responses, emergency preparedness, 
     and efforts to help the public live safely with pipelines; 
     and
       (5) provide an annual report to the Secretary on its 
     activities and the steps taken in the State to address its 
     advice and safety recommendations.
       (d) Funding.--
       (1) Funding request by council.--Each Council shall submit 
     an application for a funding request to the Secretary, at 
     such time, in such form, and containing such information as 
     the Secretary may require, outlining the Council's budget.
       (2) Secretary to approve budget and provide funds.--After 
     receiving a request under paragraph (1) from a Council, the 
     Secretary shall determine the level of Council funding and 
     may--
       (A) utilize funds obtained from fines and penalties to 
     finance the Council; or
       (B) make appropriated funds available to the Council.
       (e) Pilot Program Assessment.--A Council established under 
     this section shall submit an annual report to the Secretary. 
     The annual report shall list all activities undertaken by the 
     Council to improve the safety of pipelines located within its 
     State and what action taken was by the State and Department 
     of Transportation to address pipeline operation safety as a 
     result of the Council's activities. Based on the submitted 
     annual reports, and any other material a Council may submit, 
     the Secretary shall determine the need for continuing and, if 
     appropriate, expanding the pilot program. The Secretary shall 
     report that determination, together with any recommendations 
     concerning the program, to the House of Representatives 
     Committee on Transportation and Infrastructure and the Senate 
     Committee on Commerce, Science, and Transportation by 
     December 31, 2004.

     SEC. 16. FINES AND PENALTIES.

       The Inspector General of the Department of Transportation 
     shall conduct an analysis of the Department's assessment of 
     fines and penalties on gas transmission and hazardous liquid 
     pipelines, including the cost of corrective actions required 
     by the Department in lieu of fines, and, no later than 6 
     months after the date of enactment of this Act, shall provide 
     a report to the Senate Committee on Commerce, Science, and 
     Transportation and the House Committee on Transportation and 
     Infrastructure on any findings and recommendations for 
     actions by the

[[Page S8230]]

     Secretary or Congress to ensure the fines assessed are an 
     effective deterrent for reducing safety risks.

     SEC. 17. STUDY OF RIGHTS-OF-WAY.

       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. The 
     study shall recognize pipeline operators' regulatory 
     obligations to maintain rights-of-way and to protect public 
     safety.

  Mr. McCAIN. Mr. President, today the Senate is considering S. 2438, 
the Pipeline Safety Improvement Act of 2000. This legislation is the 
product of many months of work by the members of the Senate Committee 
on Commerce, Science, and Transportation, as well as other members of 
the Senate. Sadly, this legislation is in large part in response to two 
devastating pipeline accidents that have occurred in the States of 
Washington and New Mexico during the past 15 months.
  A total of 15 lives have been lost in these most recent accidents. 
Three young men endured fatal injuries last June 1999 in Bellingham, 
Washington, when 227,000 gallons of gasoline leaked from an underground 
pipeline and were accidentally ignited. Last month, twelve members of 
two families camping in Carlsbad, New Mexico, lost their lives when a 
natural gas transmission line ruptured. We simply must act now to 
remedy identified safety problems and improve pipeline safety. To do 
less is a risk to public safety and will perhaps result in more 
needless deaths. I ask unanimous consent a recent editorial from the 
Washington Post calling for Congressional action be printed in the 
Record immediately following my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See Exhibit 1.)
  Mr. McCAIN. Mr. President, it is my hope that passage of 
comprehensive pipeline safety legislation can give the family members 
associated with these tragedies at least a small bit of comfort that 
their losses have spurred Congressional action to strengthen pipeline 
safety laws and help prevent future tragic accidents. I am aware this 
bill may not go as far as some would like, and also know it goes 
further than others can support. However, this legislation is a fair 
and balanced compromise and is a pro-safety measure that will result in 
pipeline safety improvements. Its enactment is critical to public 
safety and must be a top priority during the remainder of this 
Congress.
  I extend my sincere appreciation to Senator Gorton for his help in 
developing the bill before us. His tireless efforts to ensuring that 
the Senate consider and pass comprehensive pipeline safety legislation 
is commendable. I also want to thank Senators Hollings, Lott, 
Hutchison, Breaux, and Brownback of the Committee for their strong 
interest in this legislation. Further, I want to recognize the 
dedication and hard work of Senator Murray throughout this process. She 
has been a tenacious advocate for pipeline safety improvements. I also 
want to recognize Senator Bingaman for his contributions to 
strengthening the research and development provisions of this 
legislation, and also Senator Domenici for his work. Finally, the input 
we received from citizens, State pipeline inspectors, the National 
Transportation Safety Board, the Department of Transportation and its 
Inspector General, industry and others interested in promoting pipeline 
safety has been essential to our efforts to craft comprehensive 
pipeline safety improvement legislation.
  Significant attention has been directed toward pipeline safety issues 
by the Senate during this past year. In March, the Senate Commerce 
Committee held a field hearing, chaired by Senator Gorton, in 
Bellingham, Washington, during which 18 witnesses provided information 
and expressed views on the Bellingham accident. In May, the full 
committee held a hearing on a broad range of pipeline safety issues, 
including the three pipeline safety bills that have been introduced in 
the Senate. We reported out a comprehensive bill in June and since then 
have developed a manager's amendment to provide further clarification 
of the bill as well as additional provisions to advance pipeline 
safety.

  I will highlight some of the major provisions of the legislation 
before us. The bill would require the implementation of pipeline safety 
recommendations recently issued by the DOT-IG to the Research and 
Special Programs Administration, RSPA. The legislation would 
statutorily require the Secretary of Transportation, the RSPA 
Administrator and the Director of the Office of Pipeline Safety to 
respond to NTSB pipeline safety recommendations within 90 days of 
receipt. The bill would require pipeline operators to submit to the 
Secretary of Transportation a plan designed to improve the 
qualifications for pipeline personnel. At a minimum, the qualification 
plan would have to demonstrate that pipeline employees have the 
necessary knowledge to safely and properly perform their assigned 
duties and would require testing and periodic reexamination of the 
employees' qualifications.
  The legislation would require DOT to issue regulations mandating 
pipeline operators to periodically determine the adequacy of their 
pipelines to safely operate and to adopt and implement integrity 
management programs to reduce those identified risks. The regulations 
would, at a minimum, require operators to: base their integrity 
management plans on risk assessments that they conduct; periodically 
assess the integrity of their pipelines; and, take steps to prevent and 
mitigate unintended releases, such as improving leak detection 
capabilities or installing restrictive flow devices.
  S. 2438 also would require an operator of a gas transmission or 
hazardous liquid pipeline facility to carry out a continuing public 
education program that would include activities to advise 
municipalities, school districts, businesses, and residents of pipeline 
facility locations on a variety of pipeline safety-related matters. It 
would also direct pipeline operators to initiate and maintain 
communication with State emergency response commissions and local 
emergency planning committees and to share with these entities 
information critical to addressing pipeline safety issues, including 
information on the types of product transported and efforts by the 
operator to mitigate safety risks. The Secretary would be directed to 
prescribe regulations to make certain emergency information publicly 
available as well as direct operators to provide mapping information to 
municipalities in which the pipeline facility is located.
  The bill would increase the level of maximum civil penalties for 
violations as requested in the Administration's submission. It would 
also provide for an enhanced state oversight role in pipeline safety 
whereby States that have authority over intrastate lines could enter 
into agreements with the Secretary to participate in the oversight of 
interstate lines. The manager's amendment clarifies that the state 
oversight be consistent with the Secretary's federal safety and 
inspection policies. The legislation further includes language to 
ensure that the enhanced agreements will not adversely affect the 
State's responsibilities over intrastate safety and, in the event there 
is a negative impact, the Secretary is authorized to cancel the 
enhanced state agreements.

  The legislation directs the Secretary to develop and implement a 
comprehensive plan for the collection and use of pipeline data in a 
manner that would enable incident trend analysis and evaluations of 
operator performance. Operators would be required to report incident 
releases greater than five gallons, compared to the current reporting 
requirement of 42 gallons. In addition, the Secretary is directed to 
establish a national depository of data to be administered by the 
Bureau of Transportation Statistics in cooperation with RSPA.
  Given the critical importance of technology applications in promoting 
transportation safety across all modes of transportation, the 
legislation directs the Secretary to include as part of the 
Department's research and development (R&D) efforts a focus on 
technologies to improve pipeline safety, such as through internal 
inspection devices and leak detection. Further, the accompanying 
amendment includes provisions from S. 3002, the Pipeline Integrity, 
Safety and Reliability Research and Development Act of 2000, introduced 
by Senator Bingaman, myself, and others earlier this week. This 
provision provides for a collaborative R&D effort directed by the 
Department of Transportation with the assistance of the Department of 
Energy and the National Academy of Sciences.

[[Page S8231]]

  In regard to funding for pipeline safety, the bill provides for a 
three year authorization, authorizing $26 million for FY2001, $30 
million for FY2002; and $30 million in FY2003 for federal pipeline 
safety activities. It would further authorize the pipeline state grant 
program at the following levels: $17 million for FY2001; $20 million 
for FY2002; and $20 million for FY2003. Efforts to provide further 
increases in funding are under discussion and will be given careful 
consideration as the legislation moves through the legislative process 
and on to a conference with the House.
  In an effort to enhance the ability of the NTSB and DOT to complete 
pipeline accident investigations in a timely and comprehensive manner, 
the substitute amendment includes a provision requiring operators to 
make available to the DOT or NTSB all records and information 
pertaining to the accident, including integrity management plans and 
test results, and to assist in the investigation to the extent 
reasonable.
  Further, the legislation attempts to address the situation when 
pipeline personnel involved in accidents continue to carry out the same 
functions as they did prior to an accident even though their job 
performance may be at question during an investigation. Under the 
manager's amendment, if the Secretary determines that the actions of an 
employee may have contributed substantially to the cause of an 
accident, the Secretary must direct the operator to relieve or reassign 
the employee, or place the employee on leave until the Secretary 
determines that the employee's performance did not contribute to the 
cause of the accident or until the Secretary determines the employee 
can safely perform his or her duties.
  To ensure pipeline employees are afforded the same whistle-blower 
protections as are provided to employees in other modes, the 
legislation includes whistle-blower protections for pipeline personnel. 
The provisions are identical to those recently enacted in the Wendell 
H. Ford Aviation and Investment Reform Act for the 21st Century, P.L. 
106-181, with the exception of changing the words air carrier to 
pipeline.
  Mr. President, the time has come for the full Senate to take action 
and pass legislation to strengthen and improve pipeline safety. We 
simple cannot risk the loss of any more lives by lack of needed 
attention on our part. I urge my colleagues to support passage of this 
important safety legislation.

                               Exhibit 1

               [From the Washington Post, Sept. 4, 2000]

                          A Blast in the Night

       Residents of Carlsbad, N.M., are mourning the 11 family 
     members killed when a natural gas pipeline exploded near 
     their campsite in New Mexico, Investigators still are trying 
     to determine exactly what caused the blast. While they work, 
     there is a job to be done here as well: Put more muscle into 
     federal regulation of pipeline safety.
       Nearly all the nation's natural gas and about 65 percent of 
     crude and refined oil travel through a network of nearly 2.2 
     million miles of pipes. Although pipelines remain 
     statistically safer--in some cases much safer--than other 
     means of transporting freight, the number of accidents 
     reported has been gradually growing during the past decade, 
     according to a General Accounting Office report prepared this 
     spring. In many places the infrastructure is aging; sprawling 
     development now encroaches on many of the remote rural areas 
     where pipes were installed decades ago. The federal agency 
     charged with policing the pipelines is tiny, underfunded and 
     possessed of a record that is not reassuring. The GAO found 
     that the Office of Pipeline Safety is years behind in 
     implementing some congressional mandates and safety 
     recommendations from the National Transportation Safety 
     Board. Things have improved in the last year but the NTSB, 
     the GAO report says, still is watching to see whether 
     promised actions will be carried out.
       Bills are now pending in Congress that would address at 
     least some safety issues. Most important, legislation would 
     require periodic pipeline inspections. The NTSB has been 
     asking for that since 1987, and it hasn't happened yet. The 
     bills also would provide more information for the public, 
     would give state inspectors a bigger role in helping monitor 
     interstate pipelines and would require more rigorous 
     reporting of pipeline spills, which could help identify 
     possible trouble spots and help mitigate environmental 
     damage. Congress should pass a strong pipeline-safety bill 
     before this session ends. Along with it should come adequate 
     funding to carry out its mandates. And then members should 
     keep the heat on until it is clear the safety measures have 
     been carried out. There's no need to wait for another blast 
     in the night.
  Mr. HOLLINGS. Mr. President, I rise today in support of S. 2438, the 
Pipeline Safety Improvement Act of 2000, and to support the amendment 
to the bill. I urge my fellow Senators to adopt the amendment and to 
support passage of this bill. It, indeed, will make our Nation's 
pipeline system safer.
  The purpose of the bill is to ensure the safety of natural gas and 
hazardous liquid pipelines. I appreciate the considerable number of 
hours that went into creating this bill by all of the parties. I also 
am satisfied by the spirit of compromise that infused the parties' 
diligent efforts. As a result of their admirable and cooperative work 
we have a bill that reaffirms our efforts to regulate gas and hazardous 
liquid pipelines safely and effectively without interfering with the 
pipeline operators and owners ability to provide service to our Nation.
  With respect to concerns regarding the existing pipeline safety 
program, I want to share my concerns about the delays in issuing 
Congressional mandates. Some may find it hard to believe that the 
Office of Pipeline Safety, OPS, has failed to issue final rules on 
measures that required rulemakings under its 1992 and 1996 
reauthorizations. Unquestionably, the rules on environmentally 
sensitive and high density areas should have been completed by now. I 
have been advised that a final rule is expected this year. But even if 
this is the case, the fact remains that the final promulgation is still 
significantly behind schedule. The rules on operator qualification and 
periodic inspections are not final either. One of the goals of this 
legislation is to stimulate the finalization of these rules.
  Over the past few years, we have experienced two major pipeline 
accidents, one in Bellingham, WA, and the other near Carlsbad, NM. 
While accidents happen, we need to take all necessary steps to ensure 
that accidents are not waiting to happen. I think that this legislation 
will increase the arsenal of tools available to OPS to ensure that our 
pipeline system is as safe as possible. I ask that OPS use the tools 
that we provide to ensure the aggressive oversight of pipeline safety 
practices.
  While there were many who worked arduously to ensure passage of 
legislation in this area, I would like to recognize, in particular, the 
efforts of Senators Murray and Bingaman. Senator Murray doggedly 
pursued changes to increase the level of safety and public 
participation in pipeline safety, and she worked closely with other 
Commerce Committee members to ensure a reasonable and fair compromise. 
Senator Bingaman was instrumental in helping bolster the bills 
provisions on research and development. We also were able to add 
provisions he authored to focus our research on progressive areas that 
will help us develop better systems of early detection, and to ensure 
that we can avoid accidents such as those that occurred in Bellingham, 
WA, and near Carlsbad, NM.
  This bill is good legislation. It will require our regulators to 
finalize a number of overdue regulations. The bill also allows for a 
greater degree of public participation in the process of pipeline 
safety, updates the penalties that would be levied for misconduct and 
provides whistle blower protection for employees who reveal misconduct. 
The bill also helps us focus on long-term needs so as to make our 
future pipeline system even safer. I urge my colleagues to support this 
measure.


                           Amendment No. 4130

   (Purpose: To incorporate additional provisions in, and make minor 
        modifications to, the bill as reported by the committee)

  Mr. GORTON. Mr. President, there is an amendment at the desk, and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. McCain, 
     for himself, Mr. Gorton, Mrs. Murray, Mr. Bingaman, and Mr. 
     Domenici, proposes an amendment numbered 4130.

  Mr. GORTON. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. DOMENICI. Mr. President, I am pleased to support the managers' 
amendment to S. 2438, the bill before

[[Page S8232]]

the Senate, to modernize our Nation's pipeline safety programs. The 
issue of our country's pipeline safety regime came to the forefront 
again last year after the death of three teenagers in a pipeline 
explosion near Bellingham, WA.
  Since that accident in 1999, the Senators from Washington State have 
worked tirelessly to bring this bill to the Senate floor for a vote. I 
want to commend Senator Gorton, Senator Murray, and the chairman of the 
Commerce Committee, Senator McCain, for their efforts on this 
legislation. Without their work, patience and persistence, this bill 
would not be ready for passage in the Senate.
  As my colleagues know, in August of this year, New Mexico experienced 
its own tragic pipeline explosion. Just after midnight on August 19, an 
El Paso Natural Gas pipeline exploded on the Pecos River near Carlsbad, 
NM. Twelve members of an extended family were camping near the 
explosion, which sent a 350-foot high ball of flame into the air. Six 
of the campers were killed instantly, and the remaining six have since 
died from their injuries. The horrific accident is the largest pipeline 
disaster in the State's history and one of the worst in the United 
States. While the NTSB is still investigating the cause of the 
explosion, preliminary analyses indicate that the pipeline was highly 
corroded, and that half of the internal wall of the pipe had been eaten 
away in places, apparently causing a prolonged natural gas leak.
  Sadly, this accident has again placed the spotlight on the need for 
Congress to update our pipeline safety standards. The bill before the 
Senate represents a marked improvement in our existing pipeline safety 
program. The bill requires companies to conduct periodic internal 
inspections of their lines; authorizes and provides resources to allow 
the States to exercise a greater role in pipeline inspections and 
oversight; increases civil penalties against companies who violate 
pipeline safety laws; and provides resources for greater research and 
development into pipeline safety technologies, including new internal 
inspection mechanisms, as well as enhanced leak detection technologies.
  There are over 1.8 million miles of liquid and natural gas pipelines 
in the United States, including 7,000 miles in New Mexico. The Federal 
Office of Pipeline Safety is responsible for 5,000 miles of pipeline in 
New Mexico and the State must inspect the remaining 1,800 miles. Yet, 
the New Mexico State budget for pipeline safety allows for only four 
inspectors, who can cover only a few miles of pipeline per day. Because 
of this resource shortage, hundreds of miles of underground oil and gas 
pipelines go uninspected each year in my state.
  The bill before the Senate authorizes more funding for State 
inspection activities, and provides the States with greater oversight 
authority to inspect both intra- and interstate pipelines. States are 
an important partner in the regulation of oil and gas pipelines. With 
this bill, Congress is stepping up to the plate to help reimburse 
states for undertaking a greater responsibility for pipeline safety.
  As my colleagues know, the bulk of the responsibility for pipeline 
inspection falls on the oil and gas companies themselves. In fact, the 
liquid and natural gas industries spend nearly $4 billion annually on 
pipeline safety activities. Pipeline transportation is perhaps the 
safest way available to move liquid and natural gas across the country. 
Among all the methods of transport, including pipeline, highway, rail, 
aviation, and marine, pipeline accident fatalities represent less than 
1/333rd of one percent of the total number of annual deaths related to 
the industry.
  Yet despite this safety record, tragic accidents do occur. I think 
the industry, in partnership with federal and State regulators, can do 
more to better protect our citizens from these kinds of accidents. This 
bill represents an extension of that partnership, and I believe that 
industry should be commended for coming to the table and helping us 
reach this agreement.
  This bill requires companies to file ``Integrity Management Plans'' 
with the United States Department of Transportation. These plans will 
outline how the company will periodically assess the safety of their 
pipelines, including the use of internal inspections, pressure tests, 
direct assessments and any other available methods of identifying 
weaknesses in the pipeline and detecting leaks. In short, this 
provision means that for the first time, companies will be required to 
conduct regular pipeline inspections, and to provide information on 
those inspections to federal and State regulators.
  Finally, Mr. President, this bill authorizes additional resources for 
research and development of new pipeline safety technologies through 
the Department of Transportation and Department of Energy. It is clear 
that we need to develop some new technologies to better assess the 
integrity of pipelines and detect leaks before they cause disaster. One 
of the problems with the line which exploded in Carlsbad was that 
conventional ``pig'' devices, which detect corrosion and leaks, could 
not be used to inspect that particular pipeline. We have tremendous 
scientific capabilities in our universities, national laboratories and 
in the private sector which could be tapped to help develop new and 
better technologies.
  While everyone recognizes that Sandia and Los Alamos National 
Laboratories in New Mexico have great scientific capabilities which 
could be brought to bear on this problem, a private sector resource 
also exists in my home state. La-Sen Corporation in Las Cruces, NM has 
developed an airborne laser mapping system which can inspect hundreds 
of miles of oil and gas pipeline per day. I know that some of the major 
oil and gas companies, including El Paso Natural Gas, have seen the 
technology and have indicated that they would use it if it were 
commercially available.
  I plan to work in the next several weeks to help this company find 
federal resources to complete development of this technology and make 
it commercially available as soon as possible. This is the kind of 
research and development that the federal government ought to 
encourage.
  I am pleased to support passage of this bill. Even though the bill 
imposes new requirements on industry and provides for tougher penalties 
for violating the law, there are some who will say that it does not do 
enough to get tough on pipeline companies. In my view, the Chairman of 
the Commerce Committee, the Senators from Washington and other members 
who have worked on this bill have done an excellent job crafting a bill 
which will receive the unanimous support of this Senate. I hope the 
House will take this bill up at the earliest possible date and pass it 
quickly so that we can send pipeline safety legislation to the 
President for his signature prior to the end of the session. I yield 
the floor.
  Mr. GORTON. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4130) was agreed to.
  Mr. GORTON. Mr. President, I ask unanimous consent that the committee 
amendment in the nature of a substitute be agreed to, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  Mr. GORTON. Impelled by an explosion last year in Bellingham, WA, 
that took three young lives and shook that community to its core, and 
given force by another recent tragedy in New Mexico, the Senate today 
is adopting the Pipeline Safety Improvement Act of 2000. The bill 
brings much-needed reforms to the regulation and oversight of the 
pipelines that wind invisibly beneath our homes, parks, and schools, 
most notably by providing more information to local governments and to 
the public about the location and condition of pipelines and pipeline 
accidents; by requiring more accountability from the Federal Office of 
Pipeline Safety and by authorizing more funding for that Office and for 
States willing to assume additional oversight responsibility; by 
requiring operators to assess the risks to their lines and develop 
plans to address threats to their integrity; by giving willing States a 
clearer and larger role in the oversight of interstate pipelines; by 
directing additional attention and resources to research and 
development programs to improve pipeline integrity; by increasing civil 
penalties for violations of pipeline safety standards;

[[Page S8233]]

and by requiring Federal attention to recommendations for improvements 
to pipeline safety by state citizen advisory committees.
  The issue of citizens advisory committees has, to my surprise, been 
one of the most contentious. The idea of creating an independent 
oversight body that is not controlled by industry, and that can 
objectively assess the state of pipeline safety and make 
recommendations for improvements to Federal and State regulators, is to 
me perfectly sensible. The passion with which industry has opposed even 
a pilot program for Federal citizen advisory committees has, I confess, 
disturbed me and strengthened my determination to see that citizen 
advisory committees are established and adequately funded.
  While it has become clear to me that a Federal advisory committee 
will not be part of any legislation that can be enacted this year--and 
I am absolutely determined to see that legislation is enacted--I am 
committed to seeing that Washington State receives adequate funding for 
its own Citizens Committee on Pipeline Safety, whose members were 
recently appointed, but which I understand has been allocated only 
enough funds to pay for a meeting room four times a year, hardly the 
resources needed to meet the responsibility this committee has been 
assigned.
  I will work through the appropriations process this year to see that 
not only is funding increased for all Federal and State pipeline safety 
activities, but that in addition to the $800,000 I am trying to direct 
for Washington State's new responsibilities in overseeing pipeline 
safety, Washington obtains sufficient funding to staff and pay for the 
activities of the Citizens Committee on Pipeline Safety.
  The issue of citizen advisory committees has not been the only 
contentious issue in this bill. Getting here has not been easy, and 
were it not for the efforts and dogged perseverance of Members of both 
sides of the aisle, most notably Senator McCain, and my colleague from 
Washington, Senator Murray, we would not be here today. I am deeply 
grateful for their work.
  Another person who has made this happen, and for whom I have 
developed a true respect, is Mark Asmundson, the Mayor of Bellingham, 
WA. Following the explosion on June 10, 1999, and with a commitment 
born, I believe, of justifiable anger, Mark has devoted himself to 
improving pipeline safety at the local, State, and Federal levels. It 
is people like Mark, who is committed to public welfare, passionate, 
practical, and resolutely good humored, and the many others who 
responded to the tragedy in Bellingham by taking action not only to 
improve their own safety, but the safety of people throughout this 
country, who constantly remind me how privileged I am to represent the 
people of Washington State.

  Since the Commerce Committee passed S. 2438 in June of this year, 
following a factfinding hearing in Bellingham in March, I have been 
working to secure passage of this bill by unanimous consent as an 
extended debate this late in the year is impossible. The manager's 
amendment that was adopted today resolves concerns raised by some of my 
colleagues in a way that I think is fair, and, unlike some of the 
amendments offered and defeated in committee in a way that does not 
undermine the benefits of this bill.
  S. 2438, as amended, is a marked improvement to the status quo. it 
requires the Office of Pipeline Safety to implement the recommendations 
of the Inspector General of the Department of Transportation by 
completing rulemakings that are long overdue, collecting better 
information to determine the causes of pipeline accidents, and 
providing better training to OPS inspectors. S. 2438 accelerates the 
deadline for operators to prepare plans for training and qualifying 
their employees.
  The bill imposes on operators of pipelines of any length, not just 
longer pipelines as suggested by the administration, an obligation to 
conduct risk analyses and adopt integrity management plans for high 
consequence areas--plans that provide for periodic inspections of 
pipelines. It requires that information about pipeline incidents and 
safety-related conditions be made available to the public and lowers 
the threshold for reporting spills from the current 2100 gallons, to 5 
gallons.
  To give local officials a greater role in protecting their 
communities, the bill requires operators to work with local communities 
to educate them about the location and risks of pipelines and what to 
do in case of an accident. The bill increases fines for violations and 
protection for whistleblowers who report unsafe conditions. S. 2438 
explicitly provides a role for States in the oversight of interstate 
pipelines and gives the Federal Office of Pipeline Safety the authority 
it needs to carry out the recent agreement with Washington State which 
will enable Washington to hire more investigators and take an active 
role in the oversight of interstate pipelines.
  The bill provides not only more funding for the Office of Pipeline 
Safety and direction on areas of research and development to focus on 
improved safety, but also incorporates the recommendation of Senators 
Bingaman and Domenici to create a new cooperative research and 
development program for pipeline integrity that combines the resources 
of the Departments of Transportation and Energy under the auspices of 
the National Science Foundation.
  The bill, in sum, while not all that I would have wished, is a vast 
improvement over the status quo. I am grateful to my colleagues for 
passing this very critical piece of legislation. And I am determined to 
see that it is enacted into law before the end of this Congress.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The distinguished Senator from Washington is 
recognized.
  Mrs. MURRAY. Mr. President, I commend my colleagues this evening for 
passing the much-needed pipeline safety bill.
  For too long, communities across the country--in tragedy after 
tragedy--have felt the impact of our Nation's inadequate pipeline 
safety standards.
  Today, the Senate has responded with a strong bill that will help 
make our pipelines safer.
  As pleased as I am today, I am reminded of another much darker day--
June 10, 1999.
  On that day, a gasoline pipeline exploded in Bellingham, WA, killing 
three young people, shattering a community's faith, and setting us on 
the road of safety reform.
  I know that we can't undo what happened in Bellingham. We can't 
restore the loss of those families. But with this bill, we are putting 
the lessons we learned in Bellingham into law--and taking a first step 
toward ensuring America's pipelines are safe.
  Unfortunately, it has taken another fatal pipeline explosion to reach 
this day. But it is clear that the tragedy in New Mexico raised public 
awareness and increased the pressure on Congress to pass this bill.
  This bill will go a long way toward improving pipeline safety. Back 
in January--when I introduced my own pipeline safety bill--I outlined 
the areas that needed reform. I am proud that this bill embodies the 
principles I have been working for.
  First, this bill will improve the qualifications and training of 
pipeline personnel. It requires employees to demonstrate an ability to 
do their job. And it requires periodic reexamination of pipeline 
personnel. Second, this bill improves pipeline inspections and 
prevention practices. It requires operators to submit pipeline 
integrity management plans, which State and local officials can 
evaluate and recommend changes to.
  These plans will include: internal inspections, evaluation criteria, 
measures to prevent and mitigate unintended releases, and other safety 
activities.
  Third, and importantly, this bill expands the public's right-to-know 
about problems with pipelines. It requires operators to make 
information about the pipelines and their safety practices available to 
local officials, emergency responders, and the public--including 
posting information on the Internet. It also requires more pipeline 
accidents to be reported to the Office of Pipeline Safety, by lowering 
the reporting threshold from 200 gallons to 5 gallons.
  Fourth, this bill raises the penalties for safety violators. It 
doubles the current civil penalties for noncompliance, and it lifts the 
caps on maximum penalties.
  Fifth, this bill enables States to expand their safety efforts. This 
bill allows the Secretary of Transportation

[[Page S8234]]

to enter into agreements that will allow States to: ``participate in 
special investigations involving incidents or new construction'' and to 
``assume additional inspection or investigatory duties.''
  Sixth, this bill invests in new technology to improve safety. It 
recognizes the need for R&D for new inspection devices and practices, 
and it authorizes a coordinated research program.
  Seventh, this bill provides protections for those who blow the 
whistle on unsafe practices.
  Eighth, this bill increases funding for safety efforts. It authorizes 
spending $13 million more on pipeline safety than we spend today.
  Finally, this bill recognizes State citizen advisory committees and 
allows for their funding. These State citizen advisory committees would 
make recommendations to the Secretary of Transportation. The Secretary 
will be required to respond--in writing--to those recommendations. And, 
the Secretary would have to detail what actions, if any, will be taken 
to implement those recommendations.
  Further, the bill would allow appropriations for these State advisory 
committees.
  This is a sound bill. Under this bill, pipelines will be inspected. 
Operators will be qualified. Whistleblowers will be protected, and 
violators will be penalized. Pipeline companies will have to develop 
comprehensive safety and inspection plans, and States will get new 
authority. Citizen groups will have a role, and the public will have a 
right to know about the pipelines in their own communities.
  This bill does not only raise pipeline safety standards. It gives us 
the tools, the enforcements, and the funding to ensure that pipeline 
companies reach those standards.
  I want my constituents and my colleagues to know that I plan on 
remaining vigilant on this issue and ensuring that future 
administrations carry out the congressional mandate.
  I do want to recognize tonight a few people who have helped make this 
day possible. First are the families of the victims of the Bellingham 
explosion, Frank and Mary King, Katherine Dalen and Stephen Tsiorvas, 
Marlene Robinson and Bruce Brabec. They have testified and worked hard. 
They have been courageous, and they were constant reminders of what has 
been lost and what this legislation will help protect.
  Second, I thank the people of Bellingham, especially Mayor Mark 
Asmundson, who has done more than anyone I know to raise awareness 
about pipeline hazards.
  I recognize the work of our great Governor Gary Locke. And third, I 
thank those in the administration who have supported our efforts; in 
particular, Vice President Gore, who learned about this issue during a 
visit to my State and who got the administration's proposal to 
Congress.
  I also thank Transportation Secretary Rodney Slater. At my request, 
he promptly stationed a pipeline inspector in my State after the 
Bellingham explosion, and he has worked with us on this issue for more 
than a year. His leadership has been critical to our efforts. I thank 
him this evening.
  I also thank DOT's Inspector General Kenneth Mead, Kelly Coyner, who 
is the administrator of DOT's Office of Research and Special Programs 
Administration, and the director of the Office of Pipeline Safety, 
Stacey Gerard, and her predecessor, Richard Felder.
  I thank Jim Hall, Chairman of the National Transportation Safety 
Board.
  Many groups played a role in moving this process forward. I thank the 
National Pipeline Reform Coalition, SAFE Bellingham, and the Cascade 
Columbia Alliance. I also thank everyone who testified at the numerous 
hearings, and the many Federal and State officials who have worked on 
this issue.
  Finally, I thank my colleagues in the Senate, especially Commerce 
Committee Chairman John McCain, who has been stalwart in his support 
and has been working with us every step of the way. I thank my 
colleague Senator Gorton and his staff who have worked with us 
diligently on this issue; Senator Hollings; Senator Inouye, all the 
members of the Commerce Committee and their staffs, and Dale Learn from 
my office.
  Senator Bingaman should also be thanked for his leadership. He made 
the bill stronger by adding a needed research and development 
amendment, which I am pleased to cosponsor.
  I thank the many reporters and editorial writers who helped raise 
public awareness about the need to improve pipeline safety.
  While we have cleared a major hurdle, our work is not finished. This 
bill must now pass the House of Representatives and be signed by the 
President. We don't have much time. Let's use today's passage to 
energize the efforts of the House so we can improve pipeline safety in 
communities across America this year.
  Mr. KERRY. Mr. President, I rise to make a short statement about the 
Pipeline Safety Improvement Act of 2000, which the Senate will pass 
tonight through unanimous consent.
  Mr. President, to understand this legislation, you must understand 
the situation from which we started. The federal government, through 
the Department of Transportation, regulates more than 2,000 gas 
pipeline operators with more than 1.3 million miles of pipe and more 
than 200 hazardous liquid pipeline operators with more than 156,000 
miles of pipe. To protect the public safety, the environment and 
maintain reliability in the energy system over that massive system is 
an enormous challenge. I don't doubt that. The responsibility for 
meeting that challenge, no matter how great it is, falls upon the 
industry and federal government, specifically, DOT's Office of Pipeline 
Safety. It is clear that both OPS and the industry have failed to raise 
to that challenge, and we have paid a high price.
  According to the OPS, since 1984, there have been approximately 5,700 
natural gas and oil pipeline accidents nationwide, 54 of them in my 
home state of Massachusetts. In the 1990s, nearly 4,000 natural gas and 
oil pipeline ruptures--more than one each day--caused the deaths of 201 
people, injuries to another 2,829 people, cost at least $780 million in 
property damages, and resulted in enormous environmental contamination 
and ecological damages. Two accidents in particular show us the tragic 
consequences of pipeline accidents. On June 10, 1999, a leaking 
gasoline pipeline erupted into a fireball in Bellingham, Washington. 
The fire extended more than one and half miles, killing two 10-year-old 
boys and a young man. The second accident took place in August in 
Carlsbad, New Mexico. A leaking natural gas pipeline erupted killing 12 
members of an extended family on a camping trip. My sympathies go out 
to all those involved in these incidents. They are truly tragic.
  The Senate Commerce Committee and others have investigated the cause 
of this tragic record. What we found, sadly, is that OPS was simply 
failing to do its job. The head of the National Transportation Safety 
Board, Jim Hall, gave the OPS ``a big fat F'' for its work. And as we 
considered the legislation in the Commerce Committee, I found that OPS 
had fallen short in the area of enforcement, in particular. Enforcement 
is the backbone of any system of safeguards designed to protect the 
public and the environment. Without the threat of tough enforcement, 
companies, the unfortunate record shows, do not consistently comply 
with safeguards. The resulting harm to people and places is 
predictable. I will not outline all of the details here today, but I 
recommend to anyone interested that they read the General Accounting 
Office's investigation into OPS dated May 2000.
  The Pipeline Safety Improvement Act of 2000 includes enforcement 
reforms and enhances the role of OPS and the Department of Justice in 
enforcement. These provisions, which I proposed in the Commerce 
Committee, will, I believe, put some teeth into our pipeline safety 
laws. They include raising the maximum fines that OPS can assess a 
company from $500,000 to $1,000,000; ensuring that companies cannot 
profit from noncompliance; clarifying the law regarding one-call 
services; and allowing DOJ, at the request of DOT, to seek civil 
penalties in court to ensure that serious violators can be punished to 
the fullest extent of the law.
  The bill makes other significant improvements to existing law. My 
colleagues from Washington, Mr. Gorton and Mrs. Murray have outlined 
many of these improvements and how they will improve pipeline safety. 
However,

[[Page S8235]]

Mr. President, S. 2438, despite significant improvements, also falls 
short in some areas. This is, in part, a reflection of inadequacy of 
current protections. It is my hope that further improvements can be 
made in conference with House and in discussions with the Clinton 
Administration. These improvements include allowing OPS to delegate 
enforcement to states as we do with the Clean Air Act and other laws; 
establishing federal standards for testing, re-testing, and repairs, 
leak detection, emergency shut-off valves, and failsafe mechanisms to 
prevent over pressurization; establishing federal standards to improve 
corrosion prevention; and removing the cost-benefit provisions 
incorporated into the law during the 1996 reauthorization, which may 
limit development of pipeline safety standards by requiring any new 
standards to meet economic and judicial tests that no other federal 
agency's regulations must meet.
  I do not mean to detract from the hard work of Mr. McCain, Mr. 
Hollings, Mr. Gorton, Mrs. Murray, Mr. Bingaman and Mr. Domenici with 
my remarks. They have done great work crafting this bill and bringing 
it before the Senate for passage tonight. The public and the 
environment will be better protected thanks to their work.


                             section 10(b)

  Mr. HOLLINGS. Mr. President, I rise along with my colleagues Mr. 
Brownback and Mr. Kerry to make clear the intent of certain provisions 
in the Pipeline Safety Improvement Act of 2000. It has come to my 
attention that there may be some ambiguities contained in the language 
of Section 10(b) of the proposed legislation (S. 2438). As you are 
aware, Section 10(b) of the bill adds a new provision--Section 
60117(b)(3)--to the Revised Pipeline Safety Act. This provision 
requires that, during the course of an incident investigation, a 
pipeline owner or operator make records, reports, and information 
relevant to the incident investigation available to the Secretary upon 
request within the time limits prescribed in a written request. The 
bill incorporates by reference this new section into both the civil and 
criminal penalties sections of the Act, Sections 60122(a) and 60123(a), 
respectively. Under the current proposal, failure to comply with this 
reporting provision can result in civil penalties of up to $500,000 for 
each violation and $1,000,000 for a related series of violations. And, 
a separate violation occurs for each day the violation continues.
  Civil penalties are capped at a maximum of $500,000 per day and 
$1,000,000 for a ``related series of violations.'' The information 
required to be produced during an investigation pursuant to Section 
60117(b)(3) is limited to information ``relevant to [a particular] 
incident investigation.'' I am seeking clarification that all 
information requests issued by the Secretary pursuant to a single 
incident investigation are considered ``related'' for purposes of 
calculating the $1,000,000 civil penalty cap for a ``related series of 
violations'' under Section 60122(a). In other words, the provision 
would not treat each written information request as a separate and 
unrelated event for purposes of applying the $1,000,000 cap so long as 
all of the requests concern the same incident. Were that not the case, 
a pipeline owner or operator that receives numerous document requests 
relating to an incident, but is unable to assemble and provide all of 
the information in time to meet the Secretary's deadline, could face 
fines far exceeding the $1,000,000 contemplated by this legislation.
  Mr. KERRY. I thank my friend, Mr. Hollings, for his question. It is 
the intention of this legislation to treat all information requests 
pursuant to a single incident investigation as ``related'' for purposes 
of applying the civil penalty cap under Section 60122(a). To increase 
the incentive for pipeline companies to cooperate during an agency 
investigation, the cap has been increased to $1,000,000 for a related 
series of violations. That $1,000,000 cap is not intended to separately 
apply to each and every information request--of which there could be 
many--but rather serves as a restriction on the total amount of civil 
penalties applicable to a particular incident for failure to comply 
with the reporting requirement of Section 60117(b)(3).
  Mr. BROWNBACK. Mr. President, I would like to clarify an additional 
provision of the legislation. It is my understanding that Section 
60117(b)(3) is aimed at penalizing pipeline companies that either 
refuse to turn over records, reports, or information concerning an 
incident that is identified in a written request from the Secretary or 
refuse to produce the records, reports or information in a timely 
fashion. While it is critically important to ensure that companies 
actively aid the agency's investigative process by promptly providing 
information related to an incident, there may be situations where a 
company goes to great lengths to cooperate with an investigation, but 
for a variety of reasons falls short of fully satisfying the 
requirements of Section 60117(b)(3). For example, the information 
solicited in a written request may be unclear or otherwise subject to 
multiple interpretations. A company may promptly provide the 
information that it believes to be fully responsive to the request only 
to find out later that the information is somehow deficient either 
because it is incomplete, in a different form, or of a different 
character than that contemplated by the agency. In these situations, 
despite the best of intentions, a company may find out many days or 
weeks later that it is nonetheless subject to cumulative daily civil 
penalties. I am seeking clarification that Section 60117(b)(3) is 
intended only to cover those situations where the information that the 
Secretary seeks is clear, but the company refuses to provide the 
information at all or within the time prescribed in the written 
request--not situations where a company makes a good faith effort to 
meet the requirement but is deemed to have failed because of a written 
request for information this is subject to interpretation or 
ambiguously written.
  Mr. KERRY. Mr, President, my friend, Mr. Brownback, is correct that 
it is the intention of Section 60117(b)(3) to reach those companies 
that don't comply with a clearly written request for documents and 
information from the agency, but thwart the investigative process 
either by refusing to turn over relevant information or by dragging 
their feet in providing it. The bill does not contemplate that this 
penalty provision will be applied to a company that actively cooperates 
in an investigation and makes a good faith effort to provide all of the 
information requested only to find out later that, because of an 
ambiguously or poorly written request, the company technically failed 
to meet the requirements of Section 60117(b)(3).
  Mr. BINGAMAN. I commend Chairman McCain, Senator Hollings and the 
members of the Commerce Committee for moving expeditiously to pass this 
Pipeline Safety Reauthorization bill. The bill includes requirements 
for each pipeline to develop an integrity management plan to address 
the specific circumstances of each individual pipeline. There is 
reference in the Pipeline Safety Act, and the amendments, to 
circumstances such as pipelines in environmentally sensitive and 
densely populated areas warranting special attention, but no reference 
to pipelines that are attached to bridges at such places as river 
crossings or in other exposed circumstances. The tragic accident in my 
State of New Mexico was adjacent to a river crossing. The rupture 
occurred along a buried section of the pipe just before the pipe 
emerged and was attached to the bridge. I am very concerned that these 
pipelines are vulnerable to many different types of damage, including 
even that from a hunter's stray bullet or an auto accident. I would 
like to ask the chairman and members of the committee whether these 
exposed pipes on bridges are a category given special attention?
  Mr. GORTON. Unlike inspections conducted on overland sections of 
pipeline, the inspector would need specialized knowledge to properly 
determine the structural integrity and soundness of, say, a cable 
suspension bridge, in addition to that of the pipeline. This would 
probably include an understanding of and training in: steel 
fabrication, structural engineering fundamentals, pipeline behavior 
under operating pressure, the characteristics of all cable types used 
in suspension bridges, and the characteristics of reinforced concrete 
foundation structures.

[[Page S8236]]

  Mr. McCAIN. The committee has worked to ensure all pipelines are 
covered under the provisions of this legislation, including the more 
uniquely located pipelines mentioned by my colleagues. The bill 
requires the agency's technical experts, in conjunction with the 
industry, to develop specific plans to ensure the integrity of all 
pipelines. In addition, it requires that operators and inspectors are 
properly trained to be aware of, and proactively assess, the 
vulnerabilities of such pipelines in different circumstances, including 
exposed pipelines.
  Mr. GORTON. Regardless of location, type of pipeline, size or 
terrain, a program to maintain and inspect the integrity of all 
pipelines is required to ensure the public safety, environmental 
protection and reliability of the infrastructure. In fact, the agency 
should be consulting with the bridge inspection specialists in the 
various other Federal and State agencies.
  Mr. BINGAMAN. I thank the Senators for that clarification.
  Mr. GORTON. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, as amended, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2438), as amended, was read the third time and passed, 
as follows:

                                S. 2438

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

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

       (a) Short Title.--This Act may be cited as the ``Pipeline 
     Safety Improvement Act of 2000''.
       (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 shall implement the safety improvement 
     recommendations provided for in the Department of 
     Transportation Inspector General's Report (RT-2000-069).
       (b) Reports by the Secretary.--Not later than 90 days after 
     the date of enactment of this Act, and every 90 days 
     thereafter until each of the recommendations referred to in 
     subsection (a) has been implemented, the Secretary shall 
     transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the 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 shall periodically transmit to the Committees 
     referred to in subsection (b) a report assessing the 
     Secretary's progress in implementing the recommendations 
     referred to in subsection (a) and identifying options for the 
     Secretary to consider in accelerating recommendation 
     implementation.

     SEC. 3. NTSB SAFETY RECOMMENDATIONS.

       (a) In General.--The Secretary of Transportation, the 
     Administrator of Research and Special Program Administration, 
     and the Director of the Office of Pipeline Safety shall fully 
     comply with section 1135 of title 49, United States Code, to 
     ensure timely responsiveness to National Transportation 
     Safety Board recommendations about pipeline safety.
       (b) Public Availability.--The Secretary, Administrator, or 
     Director, respectively, shall make a copy of each 
     recommendation on pipeline safety and response, as described 
     in sections 1135 (a) and (b) of title 49, United States Code, 
     available to the public at reasonable cost.
       (c) Reports to Congress.--The Secretary, Administrator, or 
     Director, respectively, shall submit to the Congress by 
     January 1 of each year a report containing each 
     recommendation on pipeline safety made by the Board during 
     the prior year and a copy of the response to each such 
     recommendation.

     SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

       (a) Qualification Plan.--Each pipeline operator shall make 
     available to the Secretary of Transportation, or, in the case 
     of an intrastate pipeline facility operator, the appropriate 
     State regulatory agency, a plan that is designed to enhance 
     the qualifications of pipeline personnel and to reduce the 
     likelihood of accidents and injuries. The plan shall be made 
     available not more than 6 months after the date of enactment 
     of this Act, and the operator shall revise or update the plan 
     as appropriate.
       (b) Requirements.--The enhanced qualification plan shall 
     include, at a minimum, criteria to demonstrate the ability of 
     an individual to safely and properly perform tasks identified 
     under section 60102 of title 49, United States Code. The plan 
     shall also provide for training and periodic reexamination of 
     pipeline personnel qualifications and provide for 
     requalification as appropriate. The Secretary, or, in the 
     case of an intrastate pipeline facility operator, the 
     appropriate State regulatory agency, may review and certify 
     the plans to determine if they are sufficient to provide a 
     safe operating environment and shall periodically review the 
     plans to ensure the continuation of a safe operation. The 
     Secretary may establish minimum standards for pipeline 
     personnel training and evaluation, which may include written 
     examination, oral examination, work performance history 
     review, observation during performance on the job, on the job 
     training, simulations, or other forms of assessment.
       (c) Report to Congress.--
       (1) In general.--The Secretary shall submit a report to the 
     Congress evaluating the effectiveness of operator 
     qualification and training efforts, including--
       (A) actions taken by inspectors;
       (B) recommendations made by inspectors for changes to 
     operator qualification and training programs; and
       (C) industry responses to those actions and 
     recommendations.
       (2) Criteria.--The Secretary may establish criteria for use 
     in evaluating and reporting on operator qualification and 
     training for purposes of this subsection.
       (3) Due date.--The Secretary shall submit the report 
     required by paragraph (1) to the Congress 3 years after the 
     date of enactment of this Act.

     SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

       Section 60109 is amended by adding at the end the 
     following:
       ``(c) Integrity Management.--
       ``(1) General requirement.--The Secretary shall promulgate 
     regulations requiring operators of hazardous liquid pipelines 
     and natural gas transmission pipelines to evaluate the risks 
     to the operator's pipeline facilities in areas identified 
     pursuant to subsection (a)(1), and to adopt and implement a 
     program for integrity management that reduces the risk of an 
     incident in those areas. The regulations shall be issued no 
     later than one year after the Secretary has issued standards 
     pursuant to subsections (a) and (b) of this section or by 
     December 31, 2001, whichever is sooner.
       ``(2) Standards for program.--In promulgating regulations 
     under this section, the Secretary shall require an operator's 
     integrity management plan to be based on risk analysis and 
     each plan shall include, at a minimum--
       ``(A) periodic assessment of the integrity of the pipeline 
     through methods including internal inspection, pressure 
     testing, direct assessment, or other effective methods;
       ``(B) clearly defined criteria for evaluating the results 
     of the periodic assessment methods carried out under 
     subparagraph (A) and procedures to ensure identified problems 
     are corrected in a timely manner; and
       ``(C) measures, as appropriate, that prevent and mitigate 
     unintended releases, such as leak detection, integrity 
     evaluation, restrictive flow devices, or other measures.
       ``(3) Criteria for program standards.--In deciding how 
     frequently the integrity assessment methods carried out under 
     paragraph (2)(A) must be conducted, an operator shall take 
     into account the potential for new defects developing or 
     previously identified structural defects caused by 
     construction or installation, the operational characteristics 
     of the pipeline, and leak history. In addition, the Secretary 
     may establish a minimum testing requirement for operators of 
     pipelines to conduct internal inspections.
       ``(4) State role.--A State authority that has an agreement 
     in effect with the Secretary under section 60106 is 
     authorized to review and assess an operator's risk analyses 
     and integrity management plans required under this section 
     for interstate pipelines located in that State. The reviewing 
     State authority shall provide the Secretary with a written 
     assessment of the plans, make recommendations, as 
     appropriate, to address safety concerns not adequately 
     addressed in the operator's plans, and submit documentation 
     explaining the State-proposed plan revisions. The Secretary 
     shall carefully consider the State's proposals and work in 
     consultation with the States and operators to address safety 
     concerns.
       ``(5) Monitoring implementation.--The Secretary of 
     Transportation shall review the risk analysis and program for 
     integrity management required under this section and provide 
     for continued monitoring of such plans. Not later than 2 
     years after the implementation of integrity management plans 
     under this section, the Secretary shall complete an 
     assessment and evaluation of the effects on safety and the 
     environment of extending all of the requirements mandated by 
     the regulations described in paragraph (1) to additional 
     areas. The Secretary shall submit the assessment and 
     evaluation to Congress along with any recommendations to 
     improve and expand the utilization of integrity management 
     plans.
       ``(6) Opportunity for local input on integrity 
     management.--Within 18 months after the date of enactment of 
     the Pipeline Safety Improvement Act of 2000, the Secretary 
     shall, by regulation, establish a process for raising and 
     addressing local safety

[[Page S8237]]

     concerns about pipeline integrity and the operator's pipeline 
     integrity plan. The process shall include--
       ``(A) a requirement that an operator of a hazardous liquid 
     or natural gas transmission pipeline facility provide 
     information about the risk analysis and integrity management 
     plan required under this section to local officials in a 
     State in which the facility is located;
       ``(B) a description of the local officials 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 provided;
       ``(C) the means for receiving input from the local 
     officials that 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 of a pipeline 
     facility 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; and
       ``(E) the manner in which the Secretary will notify the 
     local officials about how their concerns are being 
     addressed.''.

     SEC. 6. ENFORCEMENT.

       (a) In General.--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 of Transportation may decide 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) by striking ``is hazardous,'' in subsection (d) and 
     inserting ``is, or would be, hazardous,''.

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

       (a) Section 60116 is amended to read as follows:

     ``Sec. 60116. Public education, emergency preparedness, and 
       community right to know

       ``(a) Public Education Programs.--
       ``(1) Each owner or operator of a gas or hazardous liquid 
     pipeline facility shall carry out a continuing program to 
     educate the public on the use of a one-call notification 
     system prior to excavation and other damage prevention 
     activities, the possible hazards associated with unintended 
     releases from the pipeline facility, the physical indications 
     that such a release may have occurred, what steps should be 
     taken for public safety in the event of a pipeline release, 
     and how to report such an event.
       ``(2) Within 12 months after the date of enactment of the 
     Pipeline Safety Improvement Act of 2000, each owner or 
     operator of a gas or hazardous liquid pipeline facility shall 
     review its existing public education program for 
     effectiveness and modify the program as necessary. The 
     completed program shall include activities to advise affected 
     municipalities, school districts, businesses, and residents 
     of pipeline facility locations. The completed program shall 
     be submitted to the Secretary or, in the case of an 
     intrastate pipeline facility operator, the appropriate State 
     agency and shall be periodically reviewed by the Secretary 
     or, in the case of an intrastate pipeline facility operator, 
     the appropriate State agency.
       ``(3) The Secretary may issue standards prescribing the 
     elements of an effective public education program. The 
     Secretary may also develop material for use in the program.
       ``(b) Emergency Preparedness.--
       ``(1) Operator liaison.--Within 12 months after the date of 
     enactment of the Pipeline Safety Improvement Act of 2000, an 
     operator of a gas transmission or hazardous liquid pipeline 
     facility shall initiate and maintain liaison with the State 
     emergency response commissions, and local emergency planning 
     committees in the areas of pipeline right-of-way, established 
     under section 301 of the Emergency Planning and Community 
     Right-To-Know Act of 1986 (42 U.S.C. 11001) in each State in 
     which it operates.
       ``(2) Information.--An 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 in a standardized form for 
     the purpose of providing the information to the public, the 
     information described in section 60102(d), the operator's 
     program for integrity management, and information about 
     implementation of that program. The information about the 
     facility shall also include, at a minimum--
       ``(A) the business name, address, telephone number of the 
     operator, including a 24-hour emergency contact number;
       ``(B) a description of the facility, including pipe 
     diameter, the product or products carried, and the operating 
     pressure;
       ``(C) with respect to transmission pipeline facilities, 
     maps showing the location of the facility and, when 
     available, any high consequence areas which the pipeline 
     facility traverses or adjoins and abuts;
       ``(D) a summary description of the integrity measures the 
     operator uses to assure safety and protection for the 
     environment; and
       ``(E) a point of contact to respond to questions from 
     emergency response representative.
       ``(3) Smaller communities.--In a community without a local 
     emergency planning committee, the operator shall maintain 
     liaison with the local fire, police, and other emergency 
     response agencies.
       ``(4) Public access.--The Secretary shall prescribe 
     requirements for public access, as appropriate, to this 
     information, including a requirement that the information be 
     made available to the public by widely accessible 
     computerized database.
       ``(c) Community Right To Know.--Not later than 12 months 
     after the date of enactment of the Pipeline Safety 
     Improvement Act of 2000, and annually thereafter, the owner 
     or operator of each gas transmission or hazardous liquid 
     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. The Secretary may provide 
     technical assistance to the pipeline industry on developing 
     public safety and public education program content and best 
     practices for program delivery, and on evaluating the 
     effectiveness of the programs. The Secretary may also provide 
     technical assistance to State and local officials in applying 
     practices developed in these programs to their activities to 
     promote pipeline safety.
       ``(d) 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; and
       ``(D) a description of any corrective action taken in 
     response to a safety-related condition reported under 
     subparagraph (A), (B), or (C); and
       ``(2) prescribe requirements for public access, as 
     appropriate, to integrity management program information 
     prepared under this chapter, including requirements that will 
     ensure data accessibility to the greatest extent feasible.''.
       (b) Safety Condition Reports.--Section 60102(h)(2) is 
     amended by striking ``authorities.'' and inserting 
     ``officials, including the local emergency responders.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     601 is amended by striking the item relating to section 60116 
     and inserting the following:

``60116. Public education, emergency preparedness, community right to 
              know.''.

     SEC. 8. PENALTIES.

       (a) Civil Penalties.--Section 60122 is amended--
       (1) by striking ``$25,000'' in subsection (a)(1) and 
     inserting ``$500,000'';
       (2) by striking ``$500,000'' in subsection (a)(1) and 
     inserting ``$1,000,000'';
       (3) by adding at the end of subsection (a)(1) the 
     following: ``The preceding sentence does not apply to 
     judicial enforcement action under section 60120 or 60121.''; 
     and
       (4) 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 adverse impact on the environment;
       ``(B) with respect to the violator, the degree of 
     culpability, any history of prior violations, the ability to 
     pay, 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) by striking ``knowingly and willfully'';
       (2) by inserting ``knowingly and willfully'' before 
     ``engages'' in paragraph (1); and
       (3) striking paragraph (2)(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 
     this chapter, including section 60112 of this chapter, or a 
     regulation prescribed or order issued under this chapter. The 
     court may award appropriate relief, including a temporary or 
     permanent injunction, punitive damages, and assessment of 
     civil penalties considering the same factors as prescribed 
     for the Secretary in an administrative case under section 
     60122.''.

     SEC. 9. STATE OVERSIGHT ROLE.

       (a) State Agreements With Certification.--Section 60106 is 
     amended--

[[Page S8238]]

       (1) by striking ``General Authority.--'' in subsection (a) 
     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.--If the Secretary accepts a certification 
     under section 60105 of this title and makes the determination 
     required under this subsection, the Secretary may make an 
     agreement with a State authority authorizing it to 
     participate in the oversight of interstate pipeline 
     transportation. Each such agreement shall include a plan for 
     the State authority to participate in special investigations 
     involving incidents or new construction and allow the State 
     authority to participate in other activities overseeing 
     interstate pipeline transportation or to assume additional 
     inspection or investigatory duties. Nothing in this section 
     modifies section 60104(c) or authorizes the Secretary to 
     delegate the enforcement of safety standards prescribed under 
     this chapter to a State authority.
       ``(2) Determinations required.--The Secretary may not enter 
     into an agreement under this subsection, unless the Secretary 
     determines that--
       ``(A) the agreement allowing participation of the State 
     authority is consistent with the Secretary's program for 
     inspection and consistent with the safety policies and 
     provisions provided under this chapter;
       ``(B) the interstate participation agreement would not 
     adversely affect the oversight responsibilities of intrastate 
     pipeline transportation by the State authority;
       ``(C) the State is carrying out a program demonstrated to 
     promote preparedness and risk prevention activities that 
     enable communities to live safely with pipelines;
       ``(D) the State meets the minimum standards for State one-
     call notification set forth in chapter 61; and
       ``(E) the actions planned under the agreement would not 
     impede interstate commerce or jeopardize public safety.
       ``(3) Existing agreements.--If requested by the State 
     Authority, the Secretary shall authorize a State Authority 
     which had an interstate agreement in effect after January, 
     1999, to oversee interstate pipeline transportation pursuant 
     to the terms of that agreement until the Secretary determines 
     that the State meets the requirements of paragraph (2) and 
     executes a new agreement, or until December 31, 2001, 
     whichever is sooner. Nothing in this paragraph shall prevent 
     the Secretary, after affording the State notice, hearing, and 
     an opportunity to correct any alleged deficiencies, from 
     terminating an agreement that was in effect before enactment 
     of the Pipeline Safety Improvement Act of 2000 if--
       ``(A) the State Authority fails to comply with the terms of 
     the agreement;
       ``(B) implementation of the agreement has resulted in a gap 
     in the oversight responsibilities of intrastate pipeline 
     transportation by the State Authority; or
       ``(C) continued participation by the State Authority in the 
     oversight of interstate pipeline transportation has had an 
     adverse impact on pipeline safety.''.
       (b) Ending Agreements.--Subsection (e) of section 60106, as 
     redesignated by subsection (a), is amended to read as 
     follows:
       ``(e) Ending Agreements.--
       ``(1) Permissive termination.--The Secretary may end an 
     agreement under this section when the Secretary finds that 
     the State authority has not complied with any provision of 
     the agreement.
       ``(2) Mandatory termination of agreement.--The Secretary 
     shall end an agreement for the oversight of interstate 
     pipeline transportation if the Secretary finds that--
       ``(A) implementation of such agreement has resulted in a 
     gap in the oversight responsibilities of intrastate pipeline 
     transportation by the State authority;
       ``(B) the State actions under the agreement have failed to 
     meet the requirements under subsection (b); or
       ``(C) continued participation by the State authority in the 
     oversight of interstate pipeline transportation would not 
     promote pipeline safety.
       ``(3) Procedural requirements.--The Secretary shall give 
     the notice and an opportunity for a hearing to a State 
     authority before ending an agreement under this section. The 
     Secretary may provide a State an opportunity to correct any 
     deficiencies before ending an agreement. The finding and 
     decision to end the agreement shall be published in the 
     Federal Register and may not become effective for at least 15 
     days after the date of publication unless the Secretary finds 
     that continuation of an agreement poses an imminent 
     hazard.''.

     SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

       (a) In General.--Within 12 months after the date of 
     enactment of this Act, the Secretary shall develop and 
     implement a comprehensive plan for the collection and use of 
     gas and hazardous liquid pipeline data to revise the causal 
     categories on the incident report forms to eliminate 
     overlapping and confusing categories and include 
     subcategories. The plan shall include components to provide 
     the capability to perform sound incident trend analysis and 
     evaluations of pipeline operator performance using normalized 
     accident data.
       (b) Report of Releases Exceeding 5 Gallons.--Section 
     60117(b) is amended--
       (1) by inserting ``(1)'' before ``To'';
       (2) redesignating paragraphs (1) and (2) as subparagraphs 
     (A) and (B);
       (3) inserting before the last sentence the following:
       ``(2) A person owning or operating a hazardous liquid 
     pipeline facility shall report to the Secretary each release 
     to the environment greater than five gallons of the hazardous 
     liquid or carbon dioxide transported. This section applies to 
     releases from pipeline facilities regulated under this 
     chapter. A report must include the location of the release, 
     fatalities and personal injuries, type of product, amount of 
     product release, cause or causes of the release, extent of 
     damage to property and the environment, and the response 
     undertaken to clean up 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) of this section 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.''; and
       (4) indenting the first word of the last sentence and 
     inserting ``(4)'' before ``The Secretary'' in that sentence.
       (c) Penalty Authorities.--(1) Section 60122(a) is amended 
     by striking ``60114(c)'' and inserting ``60117(b)(3)''.
       (2) Section 60123(a) is amended 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 Bureau of Transportation 
     Statistics, in cooperation with the Research and Special 
     Programs Administration, and shall make such information 
     available 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.--As part of the Department of 
     Transportation's research and development program, the 
     Secretary of Transportation shall direct research attention 
     to 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 enactment;
       (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.--The Secretary may participate in 
     additional technological development through cooperative 
     agreements with trade associations, academic institutions, or 
     other qualified organizations.
       (b) Pipeline Safety and Reliability Research and 
     Development.--
       (1) In General.--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. This 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 existing on the date of 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) Areas.--In carrying out this subsection, the Secretary 
     of Transportation, in

[[Page S8239]]

     coordination with the Secretary of Energy, shall consider 
     research and development on natural gas, crude oil 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, non-corrosive pipeline 
     materials;
       (J) assessing the remaining strength of existing pipes;
       (K) risk and reliability analysis models, to be used to 
     identify safety improvements that could be realized in the 
     near term resulting from analysis of data obtained from a 
     pipeline performance tracking initiative;
       (L) identification, monitoring, and prevention of outside 
     force damage, including satellite surveillance; and
       (M) any other areas necessary to 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 and confirmed by 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 
     and confirmed by the Senate.
       (B) Duties.--
       (i) 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 
     paragraphs (5) and (6).
       (ii) The points of contact shall jointly assist in 
     arranging cooperative agreements for research, development 
     and demonstration involving their respective Departments, 
     national laboratories, universities, and industry research 
     organizations.
       (5) Research and development program plan.--Within 240 days 
     after the date of enactment of this Act, the Secretary of 
     Transportation, in coordination with the Secretary of Energy 
     and the Pipeline Integrity Technical Advisory Committee, 
     shall prepare and submit to the Congress a 5-year program 
     plan to guide activities under this subsection. In preparing 
     the program plan, the Secretary shall consult with 
     appropriate representatives of the natural gas, crude oil, 
     and petroleum product pipeline industries to select and 
     prioritize appropriate project proposals. The Secretary may 
     also seek the advice of utilities, manufacturers, 
     institutions of higher learning, Federal agencies, the 
     pipeline research institutions, national laboratories, State 
     pipeline safety officials, environmental organizations, 
     pipeline safety advocates, and professional and technical 
     societies.
       (6) Implementation.--The Secretary of Transportation shall 
     have primary responsibility for ensuring the 5-year plan 
     provided for in paragraph (5) is implemented as intended. In 
     carrying out the research, development, and demonstration 
     activities under this paragraph, 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.
       (7) Reports to congress.--The Secretary of Transportation 
     shall report to the Congress annually as to the status and 
     results to date of the implementation of the research and 
     development program plan. The report shall include the 
     activities of the Departments of Transportation and 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 necessary 
     qualifications to provide technical contributions to the 
     purposes of the Advisory Committee.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquids.--Section 60125(a) is amended 
     to read as follows:
       ``(a) Gas and Hazardous Liquid.--To carry out this chapter 
     and other pipeline-related damage prevention activities of 
     this title (except for section 60107), there are authorized 
     to be appropriated to the Department of Transportation--
       ``(1) $26,000,000 for fiscal year 2001, of which 
     $20,000,000 is to be derived from user fees for fiscal year 
     2001 collected under section 60301 of this title; and
       ``(2) $30,000,000 for each of the fiscal years 2002 and 
     2003 of which $23,000,000 is to be derived from user fees for 
     fiscal year 2002 and fiscal year 2003 collected under section 
     60301 of this title.''.
       (b) Grants to States.--Section 60125(c) is amended to read 
     as follows:
       ``(c) State Grants.--Not more than the following amounts 
     may be appropriated to the Secretary to carry out section 
     60107--
       ``(1) $17,000,000 for fiscal year 2001, of which 
     $15,000,000 is to be derived from user fees for fiscal year 
     2001 collected under section 60301 of this title; and
       ``(2) $20,000,000 for the fiscal years 2002 and 2003 of 
     which $18,000,000 is to be derived from user fees for fiscal 
     year 2002 and fiscal year 2003 collected under section 60301 
     of this title.''.
       (c) Oil Spills.--Sections 60525 is amended by redesignating 
     subsections (d), (e), and (f) as subsections (e), (f), (g) 
     and inserting after subsection (c) the following:
       ``(d) Oil Spill Liability Trust Fund.--Of the amounts 
     available in the Oil Spill Liability Trust Fund, $8,000,000 
     shall be transferred to carry out programs authorized in this 
     Act for fiscal year 2001, fiscal year 2002, and fiscal year 
     2003.''.
       (d) Pipeline Integrity Program.--(1) There are authorized 
     to be appropriated to the Secretary of Transportation for 
     carrying out sections 11(b) and 12 of this Act $3,000,000, to 
     be derived from user fees under section 60125 of title 49, 
     United States Code, for each of the fiscal years 2001 through 
     2005.
       (2) Of the amounts available in the Oil Spill Liability 
     Trust Fund established by section 9509 of the Internal 
     Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be 
     transferred to the Secretary of Transportation to carry out 
     programs for detection, prevention and mitigation of oil 
     spills under sections 11(b) and 12 of this Act for each of 
     the fiscal years 2001 through 2005.
       (3) There are authorized to be appropriated to the 
     Secretary of Energy for carrying out sections 11(b) and 12 of 
     this Act such sums as may be necessary for each of the fiscal 
     years 2001 through 2005.

     SEC. 14. OPERATOR ASSISTANCE IN INVESTIGATIONS.

       (a) In General.--If the Department of Transportation or the 
     National Transportation Safety Board investigate an accident, 
     the operator involved shall make available to the 
     representative of the Department or the Board all records and 
     information that in any way pertain to the accident 
     (including integrity management plans and test results), and 
     shall afford all reasonable assistance in the investigation 
     of the accident.
       (b) Corrective Action Orders.--Section 60112(d) is 
     amended--
       (1) by inserting ``(1)'' after ``Corrective Action 
     Orders.--''; and
       (2) by adding at the end the following:
       ``(2) If, in the case of a corrective action order issued 
     following an accident, the Secretary determines that the 
     actions of an employee carrying out an activity regulated 
     under this chapter, including duties under section 60102(a), 
     may have contributed substantially to the cause of the 
     accident, the Secretary shall direct the operator to relieve 
     the employee from performing those activities, reassign the 
     employee, or place the employee on leave until--
       ``(A) the Secretary determines that the employee's 
     performance of duty in carrying out the activity did not 
     contribute substantially to the cause of the accident; or
       ``(B) the Secretary determines the employee has been re-
     qualified or re-trained as provided for in section 4 of the 
     Pipeline Safety Improvement Act of 2000 and can safely 
     perform those activities.
       ``(3) Disciplinary action taken by an operator under 
     paragraph (2) shall be in accordance with the terms and 
     conditions of any applicable collective bargaining agreement 
     to the extent it is not inconsistent with the requirements of 
     this section.''.

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

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

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

       ``(a) Discrimination Against Pipeline Employees.--No 
     pipeline operator or contractor or subcontractor of a 
     pipeline 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)--

[[Page S8240]]

       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or Federal Government information 
     relating to any violation or alleged violation of any order, 
     regulation, or standard of the Research and Special Programs 
     Administration or any other provision of Federal law relating 
     to pipeline safety under this chapter or any other law of the 
     United States;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or cause to be filed a 
     proceeding relating to any violation or alleged violation of 
     any order, regulation, or standard of the Administration or 
     any other provision of Federal law relating to pipeline 
     safety under this chapter or any other law of the United 
     States;
       ``(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 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. Upon receipt of such a complaint, the 
     Secretary of Labor shall notify, in writing, the person named 
     in the complaint and the Administrator of the Research and 
     Special Programs Administration of the filing of the 
     complaint, of the allegations contained in the complaint, of 
     the substance of evidence supporting the complaint, and of 
     the opportunities that will be afforded to such person under 
     paragraph (2).
       ``(2) Investigation; preliminary order.--
       ``(A) In general.--Not later than 60 days after the date of 
     receipt of a complaint filed under paragraph (1) and after 
     affording the person named in the complaint an opportunity to 
     submit to the Secretary of Labor a written response to the 
     complaint and an opportunity to meet with a representative of 
     the Secretary to present statements from witnesses, the 
     Secretary of Labor shall conduct an investigation and 
     determine whether there is reasonable cause to believe that 
     the complaint has merit and notify in writing the complainant 
     and the person alleged to have committed a violation of 
     subsection (a) of the Secretary's findings. If the Secretary 
     of Labor concludes that there is reasonable cause to believe 
     that a violation of subsection (a) has occurred, the 
     Secretary shall accompany the Secretary's findings with a 
     preliminary order providing the relief prescribed by 
     paragraph (3)(B). Not later than 30 days after the date of 
     notification of findings under this paragraph, either the 
     person alleged to have committed the violation or the 
     complainant may file objections to the findings or 
     preliminary order, or both, and request a hearing on the 
     record. The filing of such objections shall not operate to 
     stay any reinstatement remedy contained in the preliminary 
     order. Such hearings shall be conducted expeditiously. If a 
     hearing is not requested in such 30-day period, the 
     preliminary order shall be deemed a final order that is not 
     subject to judicial review.
       ``(B) Requirements.--
       ``(i) Required showing by complainant.--The Secretary of 
     Labor shall dismiss a complaint filed under this subsection 
     and shall not conduct an investigation otherwise required 
     under subparagraph (A) unless the complainant makes a prima 
     facie showing that any behavior described in paragraphs (1) 
     through (4) of subsection (a) was a contributing factor in 
     the unfavorable personnel action alleged in the complaint.
       ``(ii) Showing by employer.--Notwithstanding a finding by 
     the Secretary that the complainant has made the showing 
     required under clause (i), no investigation otherwise 
     required under subparagraph (A) shall be conducted if the 
     employer demonstrates, by clear and convincing evidence, that 
     the employer would have taken the same unfavorable personnel 
     action in the absence of that behavior.
       ``(iii) Criteria for determination by Secretary.--The 
     Secretary may determine that a violation of subsection (a) 
     has occurred only if the complainant demonstrates that any 
     behavior described in paragraphs (1) through (4) of 
     subsection (a) was a contributing factor in the unfavorable 
     personnel action alleged in the complaint.
       ``(iv) Prohibition.--Relief may not be ordered under 
     subparagraph (A) if the employer demonstrates by clear and 
     convincing evidence that the employer would have taken the 
     same unfavorable personnel action in the absence of that 
     behavior.
       ``(3) Final order.--
       ``(A) Deadline for issuance; settlement agreements.--Not 
     later than 120 days after the date of conclusion of a hearing 
     under paragraph (2), the Secretary of Labor shall issue a 
     final order providing the relief prescribed by this paragraph 
     or denying the complaint. At any time before issuance of a 
     final order, a proceeding under this subsection may be 
     terminated on the basis of a settlement agreement entered 
     into by the Secretary 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 the terms, conditions, and privileges associated 
     with his or her employment; and
       ``(iii) provide compensatory damages to the complainant.
     If such an order is issued under this paragraph, the 
     Secretary of Labor, at the request of the complainant, shall 
     assess against the person whom the order is issued a sum 
     equal to the aggregate amount of all costs and expenses 
     (including attorney's and expert witness fees) reasonably 
     incurred, as determined by the Secretary of Labor, by the 
     complainant for, or in connection with, the bringing the 
     complaint upon which the order was issued.
       ``(C) Frivolous complaints.--If the Secretary of Labor 
     finds that a complaint under paragraph (1) is frivolous or 
     has been brought in bad faith, the Secretary of Labor may 
     award to the prevailing employer a reasonable attorney's fee 
     not exceeding $1,000.
       ``(4) Review.--
       ``(A) Appeal to court of appeals.--Any person adversely 
     affected or aggrieved by an order issued under paragraph (3) 
     may obtain review of the order in the United States Court of 
     Appeals for the circuit in which the violation, with respect 
     to which the order was issued, allegedly occurred or the 
     circuit in which the complainant resided on the date of such 
     violation. The petition for review must be filed not later 
     than 60 days after the date of issuance of the final order of 
     the Secretary of Labor. Review shall conform to chapter 7 of 
     title 5, United States Code. The commencement of proceedings 
     under this subparagraph shall not, unless ordered by the 
     court, operate as a stay of the order.
       ``(B) Limitation on collateral attack.--An order of the 
     Secretary of Labor with respect to which review could have 
     been obtained under subparagraph (A) shall not be subject to 
     judicial review in any criminal or other civil proceeding.
       ``(5) Enforcement of order by secretary of labor.--Whenever 
     any person has failed to comply with an order issued under 
     paragraph (3), the Secretary of Labor may file a civil action 
     in the United States district court for the district in which 
     the violation was found to occur to enforce such order. In 
     actions brought under this paragraph, the district courts 
     shall have jurisdiction to grant all appropriate relief, 
     including, but not to be limited to, injunctive relief and 
     compensatory damages.
       ``(6) Enforcement of order by parties.--
       ``(A) Commencement of action.--A person on whose behalf an 
     order was issued under paragraph (3) may commence a civil 
     action against the person to whom such order was issued to 
     require compliance with such order. The appropriate United 
     States district court shall have jurisdiction, without regard 
     to the amount in controversy or the citizenship of the 
     parties, to enforce such order.
       ``(B) Attorney fees.--The court, in issuing any final order 
     under this paragraph, may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any party whenever the court determines such award costs is 
     appropriate.
       ``(c) Mandamus.--Any nondiscretionary duty imposed by this 
     section shall be enforceable in a mandamus proceeding brought 
     under section 1361 of title 28, United States Code.
       ``(d) Nonapplicability To Deliberate Violations.--
     Subsection (a) shall not apply with respect to an 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 60129, or an order issued 
     thereunder, is liable to the Government for a civil penalty 
     of not more than $1,000 for each violation. The penalties 
     provided by paragraph (1) do not apply to a violation of 
     section 60129 or an order issued thereunder.''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     601 is amended by adding at the end the following:

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

     SEC. 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. FINES AND PENALTIES.

       The Inspector General of the Department of Transportation 
     shall conduct an analysis of the Department's assessment of 
     fines and penalties on gas transmission and hazardous liquid 
     pipelines, including the cost of corrective actions required 
     by the Department in

[[Page S8241]]

     lieu of fines, and, no later than 6 months after the date of 
     enactment of this Act, shall provide a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House Committee on Transportation and Infrastructure on any 
     findings and recommendations for actions by the Secretary or 
     Congress to ensure the fines assessed are an effective 
     deterrent for reducing safety risks.

     SEC. 18. STUDY OF RIGHTS-OF-WAY.

       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. The 
     study shall recognize pipeline operators' regulatory 
     obligations to maintain rights-of-way and to protect public 
     safety.

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