Congressional Record, Volume 146 Issue 103 (Thursday, September 7, 2000)

[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.

[[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

[[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.

SEC. 13. OPERATOR ASSISTANCE IN INVESTIGATIONS.

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.

SEC. 3. NTSB SAFETY RECOMMENDATIONS.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

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.

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.

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

[[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.

[[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.

____________________