[Senate Report 105-143]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 280
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-143
_______________________________________________________________________


 
            COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1997

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1115





                November 7, 1997.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred fifth congress

                             first session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas            Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon

                       John Raidt, Staff Director

     Ivan A. Schlager, Democratic Chief Counsel and Staff Director



                                                       Calendar No. 280
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-143
_______________________________________________________________________


            COMPREHENSIVE ONE-CALL NOTIFICATION ACT OF 1997

                                _______
                                

                November 7, 1997.--Ordered to be printed

_______________________________________________________________________


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1115]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1115) ``A Bill to amend title 
49, United States Code, to improve the one-call notification 
process, and for other purposes'', having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

  The bill, as reported, would set minimum performance 
standards for one-call notification programs to assist in 
improving participation in, and performance under, existing 
state programs. An incentive grant program would be established 
to encourage states to strengthen their laws that protect 
excavators, underground pipelines, telecommunication cables, 
and other infrastructure from damage.
  S. 1115 would allow the Secretary of Transportation to 
initiate a study of the best practices employed by one-call 
notification systems currently in operation in the states. The 
Secretary would be required to report on the best practices 
identified in the study, and encourage states to adopt them.
  S. 1115 authorizes $1,000,000 in fiscal year 1999 and 
$5,000,000 in fiscal year 2000 for grants to states that choose 
to improve one-call notification programs in accordance with 
the legislation's provisions. Participation in the program 
established by S. 1115 is voluntary.

                          Background and Needs

  A one-call notification system is a communication network 
established to prevent excavation damage to the underground 
infrastructure, including natural gas and hazardous liquid 
pipelines, fiber optic cables, electrical, water and sewer 
systems. The one-call centers provide a central point of 
contact where excavators call to provide advance notice of 
their plans to use equipment for excavating, tunneling, 
demolition, or otherwise disturbing subsurfaces. Excavators 
include utilities and their contractors, general contractors 
and subcontractors, and other entities who excavate the soil 
surface.
  One-call systems accept calls from anyone needing to 
determine the location of underground facilities due to 
impending excavation. The centers allow participating members 
the opportunity to identify and mark their facilities in the 
vicinity of a proposed excavation. This identification and 
marking allows the excavation to proceed safely without 
contacting or damaging vital subsurface infrastructure. This 
notification also affords the owners of underground facilities 
the opportunity to provide any necessary information about 
their facilities to excavators and to post a construction 
watch, if desired. The Committee believes that the notification 
and accurate marking of facilities ultimately enhances the 
safety of excavators while protecting the underground 
facilities and protecting the environment.
  One-call notification systems are effective. According to a 
one-call notification system association, more than 25 million 
calls were made to their centers in 1995 which in turn 
generated more than 350 million message notifications to 
facility owners and operators. The association reports that 
these messages dramatically reduced the risk and incidence of 
damage to individuals and property.
  Over the years, forty-nine states have enacted laws requiring 
participation in some form of one-call notification systems. 
One-call state statutes differ from state to state, but all the 
laws include certain basic elements. For example, the laws 
generally establish timetables for excavation notification and 
facility owner line marking. State laws also traditionally 
contain penalties for excavating without notifying one-call 
centers. At the same time, some state laws exempt certain 
entities from coverage, such as highway departments, even 
though their construction activities can damage underground 
facilities.
  The Committee recognizes that one-call systems work well, but 
damage continues to occur and safety risks remain. The 
Department of Transportation Office of Pipeline Safety 
statistics indicate that the single leading cause of pipeline 
failures remains external force, which includes third party 
damage. In March 1994, a natural gas transmission pipeline in 
Edison, New Jersey, exploded and the resulting fires injured 
more than 100 people and destroyed 8 apartment buildings. At 
the conclusion of the Edison accident investigation, the 
National Transportation Safety Board (NTSB) determined that the 
probable cause of the explosion was a gouge in the exterior 
surface of the pipe. The NTSB found that the gouge was 
consistent with the damage caused by mechanized excavation 
equipment.
  Aside from natural gas and hazardous liquid pipelines, damage 
to underground facilities affects others facilities as well. 
Concern over the reliability of telecommunications services led 
the Federal Communications Commission in 1991 to establish the 
Network Reliability Council to study the causes of network 
failures. The Network reported in 1994 that excavation damage 
was the single largest cause of fiber optic cable damage, 
accounting for more than 58 percent of the reported damage. Of 
that damage, the Network reported, the leading cause was due to 
errors made during excavation even though notification had been 
made and the lines were marked. The second largest cause was 
the failure to notify prior to excavation.
  The Committee believes the importance of excavation notice 
and accurate marking should not be minimized. In testimony 
before the Committee this year, the Department of 
Transportation stated that four Federal Aviation Administration 
air traffic control centers were shut down for more than five 
hours in 1991 when a fiber optic cable was cut. In January of 
that same year crews removing cable in New Jersey accidentally 
severed a fiber optic cable carrying 100,000 calls, including 
air traffic control communication in New York, Washington and 
Boston. In July 1997, long-distance telephone calls and 
Internet traffic had to be rerouted throughout the country when 
a fiber optic cable was severed during excavation in Maryland.

                          Legislative History

  After the Edison, New Jersey accident in 1994, several bills 
were introduced to improve one-call systems and reduce 
excavation damage. The Commerce Committee held hearings on 
these measures and reported an amended version of one bill, S. 
2101, which was introduced by Senators Bradley and Lautenberg. 
As reported, the legislation established a toll-free national 
notification telephone number and directed all states to 
consider adopting comprehensive statewide one-call notification 
program. S. 2101 listed the specific elements that states had 
to include in their programs such as how a one-call system 
should operate, who must join a one-call network, and how 
enforcement and penalties should be structured. Although a 
similar bill passed the House, the full Senate took no action 
on S. 2101.
  During the 104th Congress, a bill (S. 164) was introduced by 
Senators Bradley, Specter, Lautenberg and Exon to require 
states to consider adopting mandatory, comprehensive, statewide 
one-call notification systems. No action was taken on S. 164 in 
the Senate during the 104th Congress.
  In the 105th Congress, the Administration included one-call 
legislation in its legislative proposal to reauthorize the 
Intermodal Surface Transportation and Efficiency Act (ISTEA). 
The Administration's one-call legislation was not introduced in 
the Senate.
  On July 31, 1997 Senator Lott introduced S. 1115 for himself 
and Senators Daschle, Shelby, Rockefeller, Warner, Robb, 
Inhofe, Inouye, Cochran and Conrad. Senators Breaux, Bryan, 
Dorgan, Hutchinson, Specter and Sessions cosponsored S. 1115.
  The Subcommittee on Surface Transportation and Merchant 
Marine held a hearing on S. 1115 and one-call notification 
systems on September 17, 1997. The text of S. 1115 was included 
as Title III of the Committee on Commerce, Science, and 
Transportation's recommended amendment to S. 1173, the 
Intermodal Surface Transportation Efficiency Act of 1997 (ISTEA 
II). The Committee amendment was approved at a Committee 
executive session on October 23, 1997. On November 4, 1997, in 
open executive session the Committee ordered reported S. 1115, 
as introduced without objection.

                      Summary of Major Provisions

  As reported, S. 1115 would establish a two-year program to 
motivate states to improve their one-call notification systems 
and excavation damage prevention activities. The legislation 
sets forth certain criteria that each state should include in 
its one-call notification program if it seeks assistance 
established by S. 1115.

                         Program Participation

  Participation in the program established by S. 1115 is 
optional, and the bill does not mandate changes in state one-
call notification systems. Should a state elect to participate 
in S. 1115, the bill sets forth several criteria that the state 
must consider when examining one-call notification 
enhancements. A state participating in the program established 
under S. 1115 would be required to examine the appropriate 
participation level in one-call notification programs by all 
organizations that excavate or that operate buried facilities. 
Improvements in a state's excavation damage prevention 
enforcement activities would have to be an element in the one-
call notification programs of states applying for grants under 
S. 1115.
  The Committee is aware that in recent years some states have 
significantly amended their one-call notification programs. 
Other states have legislation pending to improve their 
programs. The Committee does not intend for S. 1115 to override 
or impede these state initiatives. Therefore, the Committee 
reported bill does not prescribe conditions for states to 
include in their programs, and does not tell states who should 
participate in one-call notification programs. Those decisions 
remain at the state level under S. 1115.
  S. 1115 retains existing legal precedents whereby states 
provide the legislative foundation for one-call notification 
programs. Under the legislation, a state could have one 
notification system, or a system comprised of several 
coordinated one-call notification centers.
  S. 1115 does not preempt state law or statutorily exempt any 
private or public concern from participation in excavation 
damage prevention programs. Decisions on exempting private or 
public entities from participation in one-call notification 
systems rest with the states. The Committee bill does require, 
however, that states participating in the incentive grant 
program assess the risks to public safety, the environment, 
excavators, and vital public services associated with exempting 
public or private entities from one-call notification system 
participation.
  The Committee bill does not alter or change state treatment 
of entities that operate underground facilities within their 
own property. Currently, most state programs do not require 
participation by underground facility operators whose 
underground facilities lie within their own property, such as 
railroads or gas stations. TheCommittee believes that such 
exemptions should be, wherever possible, a function of the States.
  The provisions in S. 1115 are flexible and they retain 
existing state decision-making authority over one-call 
notification systems. The incentives provided in S. 1115 should 
be used to strengthen one-call notification programs. The 
Committee cautions that the language in S. 1115 should not be 
viewed as an excuse to weaken one-call programs in any state 
and the bill should not be considered as a sanction for states 
to reduce one-call system participation levels.

                           Inaccurate Marking

  Excavation performed with inaccurate marking can cause damage 
that results in fatalities, serious injuries, harm to the 
environment, and disruption of vital services to the public. 
The Committee is aware of efforts underway in the private and 
public sector to improve underground facility locational 
accuracy. The Committee also believes that the effectiveness 
and accuracy of the mapping techniques currently used by one-
call notification systems should be examined. The Committee 
expects the issue of inaccurate marking and mapping to be 
included as part of the best practices study authorized in S. 
1115.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 7, 1997.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1115, the 
Comprehensive One-Call Notification Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Clare 
Doherty (for federal costs), and Kristen Layman (for the state 
and locat impact).
            Sincerely,
                                         Paul Van de Water,
                                   (For June E. O'Neill, Director).
    Enclosure.

S. 1115--Comprehensive One-Call Notification Act of 1997

    Summary: S. 1115 would authorize the appropriation of $6 
million over fiscal years 1999 and 2000 for a one-call 
notification program that would provide states with grants to 
improve existing ``one-call'' systems already in place in 
certain states and localities. A one-call notification system 
is a central tracking system that excavators can use to avoid 
damaging underground facilities such as natural gas pipelines 
and other utilities. S. 1115 would require the Secretary of 
Transportation to report to the Congress on the implementation 
of the new one-call program and on the best practices for 
preventing damages to underground facilities and for providing 
effective and efficient notification service to excavators and 
operators of such facilities.
    Because the bill would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply. S. 1115 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (UMRA) and 
would impose no costs on state, local, or tribal governments 
except as a condition of receiving federal grants.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1115 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

                                    (By fiscal year, in millions of dollars)                                    
----------------------------------------------------------------------------------------------------------------
                                                                       1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION                                  
Estimated Authorization Level......................................      \1\      \1\        5        0        0
Estimated Outlays..................................................      \1\      \1\        3        2       1 
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the amounts authorized in the bill will be 
appropriated before the start of each fiscal year for grants to 
states: $1 million for 1999 and $5 million for 2000. In 
addition, the bill would authorize the appropriations of such 
sums as may be necessary for administration for fiscal years 
1998, 1999, and 2000. But based on information from the 
Research and Special Programs Administration (RSPA), CBO 
estimates that the cost of completing the reports and studies 
on the new program would be negligible.
    Estimated impact on State, local, and tribal governments: 
S. 1115 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
and would impose no costs on state, local, or tribal 
governments except as a condition of receiving federal grants. 
Currently, all states except Alaska and Hawaii have one-call 
notification programs in place. This legislation would 
encourage uniformity among the various programs, but any 
additional costs would be minimal.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in UMRA.
    Pay-as-you-go considerations: None.
    Estimate prepared by: Federal Costs: Clare Doherty. Impact 
on State, Local, and Tribal Governments: Kristen Layman.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.
  S. 1115, as reported, authorizes appropriations for a two-
year incentive grant program to states that improve their one-
call notification systems. A total of $6,000,000 is authorized 
to be appropriated for the grants. The bill will not subject 
any individuals or businesses to mandates and will not increase 
the paperwork requirements for such individuals or businesses 
because participation in S. 1115 is voluntary. This legislation 
also has no impact on the personal privacy of individuals.

                      Section-by-section Analysis

Section 1. Short title

  This section designates the title of the legislation as the 
Comprehensive One-Call Notification Act of 1997.

Section 2. Findings

  Section 2 includes three findings: that unintentional damage 
to underground facilities during excavation is a significant 
cause of disruptions in telecommunications, water supply, 
electric power and other vital public services; that excavation 
performed without prior notification or with inaccurate marking 
causes damage that can result in fatalities, serious injuries, 
harm to the environment and disruption of vital services to the 
public; and, that protection of the public and the environment 
from the consequences of underground facility damage will be 
enhanced by a coordinated national effort to improve one-call 
notification programs.

Section 3. Establishment of One-call notification program

  Section 3 creates a new chapter in Subtitle III of title 49, 
United States Code. The purposes of the new chapter are to 
enhance public safety; protect the environment; minimize risks 
to excavators; and prevent disruption of vital public services 
by improving one-call notification programs.
  The section defines a one-call notification system as a 
system operated by an organization that has as one of its 
purposes the receipt of notification from excavators of their 
intent to excavate in a specified area and the notification of 
underground facility operators so that they can locate and mark 
their lines in the area scheduled for excavation. The 
definition includes statutes, regulations, orders, and other 
elements of law and policy in effect that establish one-call 
notification system operation requirements within a state.
  Section 3 outlines minimum components that one-call 
notification programs should cover, including the appropriate 
participation by all underground facility operators and all 
excavators, and flexible and effective enforcement mechanisms 
governing participation in, and use of, one-call notification 
systems. In making a determination on the appropriate extent of 
participation required by underground facilities or excavators, 
the section requires a state to assess, and take into 
consideration, the risks to public safety, excavators, the 
environment, and vital services posed by underground facility 
damage and the actions of excavators.
  The section establishes a two-year program whereby states 
could apply for grants upon a showing that the state's one-call 
notification program meets the minimum standards outlined in 
the bill. $1,000,000 in fiscal year 1999 and $5,000,000 in 
fiscal year 2000 is authorized for the incentive grant program. 
The section requires that funds to finance the grants come from 
general revenues.
  The section allows a state to provide for greater protection 
than the minimum criteria established in the legislation. A 
State would further be allowed to provide for voluntary 
participation in one-call notification systems when it 
determines that certain types of underground facilities or 
excavation activities pose a de minimis risk to public safety 
or the environment.
  The section requires one-call notification programs to 
include administrative or civil penalties commensurate with the 
seriousness of a violation, increased penalties for parties 
that repeatedly damage underground facilities because they 
neglect to use one-call notification systems or fail to provide 
timely and accurate marking of underground facilities. The 
section allows states to reduce or waive penalties when 
underground facility damage is promptly reported.
  Section 3 also allows the Secretary of Transportation to 
initiate a study of the best practices employed by one-call 
notification systems in operation in the states. If a study is 
undertaken, the Secretary is required to report on the best 
practices identified and encourage their adoption in the 
States.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                        SUBTITLE VIII. PIPELINES

                          CHAPTER 601. SAFETY

Sec. 60105. STATE PIPELINE SAFETY PROGRAM CERTIFICATIONS

  (a) General requirements and submission.--Except as provided 
in this section and [sections 60114 and] section 60121 of this 
title, the Secretary of Transportation may not prescribe or 
enforce safety standards and practices for an intrastate 
pipeline facility or intrastate pipeline transportation to the 
extent that the safety standards and practices are regulated by 
a State authority (including a municipality if the standards 
and practices apply to intrastate gas pipeline transportation) 
that submits to the Secretary annually a certification for the 
facilities and transportation that complies with subsections 
(b) and (c) of this section.
  (b) Contents.--Each certification submitted under subsection 
(a) of this section shall state that the State authority--
          (1) has regulatory jurisdiction over the standards 
        and practices to which the certification applies;
          (2) has adopted, by the date of certification, each 
        applicable standard prescribed under this chapter or, 
        if a standard under this chapter was prescribed not 
        later than 120 days before certification, is taking 
        steps to adopt that standard;
          (3) is enforcing each adopted standard through ways 
        that include inspections conducted by State employees 
        meeting the qualifications the Secretary prescribes 
        under section 60107(d)(1)(C) of this title;
          (4) is encouraging and promoting programs designed to 
        prevent damage by demolition, excavation, tunneling, or 
        construction activity to the pipeline facilities to 
        which the certification applies;
          (5) may require record maintenance, reporting, and 
        inspection substantially the same as provided under 
        section 60117 of this title;
          (6) may require that plans for inspection and 
        maintenance under section 60108 (a) and (b) of this 
        title be filed for approval; and
          (7) may enforce safety standards of the authority 
        under a law of the State by injunctive relief and civil 
        penalties substantially the same as provided under 
        sections 60120 and 60122(a)(1) and (b)-(f) of this 
        title.
  (c) Reports.--
          (1) Each certification submitted under subsection (a) 
        of this section shall include a report that contains--
                  (A) the name and address of each person to 
                whom the certification applies that is subject 
                to the safety jurisdiction of the State 
                authority;
                  (B) each accident or incident reported during 
                the prior 12 months by that person involving a 
                fatality, personal injury requiring 
                hospitalization, or property damage or loss of 
                more than an amount the Secretary establishes 
                (even if the person sustaining the fatality, 
                personal injury, or property damage or loss is 
                not subject to the safety jurisdiction of the 
                authority), any other accident the authority 
                considers significant, and a summary of the 
                investigation by the authority of the cause and 
                circumstances surrounding the accident or 
                incident;
                  (C) the record maintenance, reporting, and 
                inspection practices conducted by the authority 
                to enforce compliance with safety standards 
                prescribed under this chapter to which the 
                certification applies, including the number of 
                inspections of pipeline facilities the 
                authority made during the prior 12 months; and
                  (D) any other information the Secretary 
                requires.
          (2) The report included in the first certification 
        submitted under subsection (a) of this section is only 
        required to state information available at the time of 
        certification.
  (d) Application.--A certification in effect under this 
section does not apply to safety standards prescribed under 
this chapter after the date of certification. This chapter 
applies to each applicable safety standard prescribed after the 
date of certification until the State authority adopts the 
standard and submits the appropriate certification to the 
Secretary under subsection (a) of this section.
  (e) Monitoring.--The Secretary may monitor a safety program 
established under this section to ensure that the program 
complies with the certification. A State authority shall 
cooperate with the Secretary under this subsection.
  (f) Rejections of certification.--If after receiving a 
certification the Secretary decides the State authority is not 
enforcing satisfactorily compliance with applicable safety 
standards prescribed under this chapter, the Secretary may 
reject the certification, assert United States Government 
jurisdiction, or take other appropriate action to achieve 
adequate enforcement. The Secretary shall give the authority 
notice and an opportunity for a hearing before taking final 
action under this subsection. When notice is given, the burden 
of proof is on the authority to demonstrate that it is 
enforcing satisfactorily compliance with the prescribed 
standards.

[Sec. 60114. ONE-CALL NOTIFICATION SYSTEMS

  [(a) Minimum requirements.--The Secretary of Transportation 
shall prescribe regulations providing minimum requirements for 
establishing and operating a one-call notification system for a 
State to adopt that will notify an operator of a pipeline 
facility of activityin the vicinity of the facility that could 
threaten the safety of the facility. The regulations shall include the 
following:
          [(1) a requirement that the system apply to all areas 
        of the State containing underground pipeline 
        facilities.
          [(2) a requirement that a person intending to engage 
        in an activity the Secretary decides could cause 
        physical damage to an underground facility must contact 
        the appropriate system to establish if there are 
        underground facilities present in the area of the 
        intended activity.
          [(3) a requirement that all operators of underground 
        pipeline facilities participate in an appropriate one-
        call notification system.
          [(4) qualifications for an operator of a facility, a 
        private contractor, or a State or local authority to 
        operate a system.
          [(5) procedures for advertisement and notice of the 
        availability of a system.
          [(6) a requirement about the information to be 
        provided by a person contacting the system under clause 
        (2) of this subsection.
          [(7) a requirement for the response of the operator 
        of the system and of the facility after they are 
        contacted by an individual under this subsection.
          [(8) a requirement that each State decide whether the 
        system will be toll free.
          [(9) a requirement for sanctions substantially the 
        same as provided under sections 60120 and 60122 of this 
        title.
  [(b) Marking facilities.--On notification by an operator of a 
damage prevention program or by a person planning to carry out 
demolition, excavation, tunneling, or construction in the 
vicinity of a pipeline facility, the operator of the facility 
shall mark accurately, in a reasonable and timely way, the 
location of the pipeline facilities in the vicinity of the 
demolition, excavation, tunneling, or construction.
  [(c) [Redesignated]
  [(d) Relationship to other laws.--This section and 
regulations prescribed under this section do not affect the 
liability established under a law of the United States or a 
State for damage caused by an activity described in subsection 
(a)(2) of this section.]

Sec. 60122. CIVIL PENALTIES

  (a) General penalties.--
          (1) A person that the Secretary of Transportation 
        decides, after written notice and an opportunity for a 
        hearing, has violated section [60114(c) or 60118(a)] 
        60118(a) of this title or a regulation prescribed or 
        order issued under this chapter is liable to the United 
        States Government for a civil penalty of not more than 
        $25,000 for each violation. A separate violation occurs 
        for each day the violation continues. The maximum civil 
        penalty under this paragraph for a related series of 
        violations is $500,000.
          (2) A person violating a standard or order under 
        section 60103 or 60111 of this title is liable to the 
        Government for a civil penalty of not more than $50,000 
        for each violation. A penalty under this paragraph may 
        be imposed in addition to penalties imposed under 
        paragraph (1) of this subsection.
  (b) Penalty considerations.--In determining the amount of a 
civil penalty under this section, the Secretary shall 
consider--
          (1) the nature, circumstances, and gravity of the 
        violation;
          (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on ability to continue 
        doing business;
          (3) good faith in attempting to comply; and
          (4) other matters that justice requires.
  (c) Collection and compromise.--
          (1) The Secretary may request the Attorney General to 
        bring a civil action in an appropriate district court 
        of the United States to collect a civil penalty imposed 
        under this section.
          (2) The Secretary may compromise the amount of a 
        civil penalty imposed under this section before 
        referral to the Attorney General.
  (d) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts 
it owes the person liable for the penalty.
  (e) Deposit in Treasury.--Amounts collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.
  (f) Prohibition on multiple penalties for same act.--Separate 
penalties for violating a regulation prescribed under this 
chapter and for violating an order under section 60112 or 
60118(b) of this title may not be imposed under this chapter if 
both violations are based on the same act.

Sec. 60123. CRIMINAL PENALTIES

  (a) General penalty.--A person knowingly and willfully 
violating section [60114(c),] 60118(a), or 60128 of this title 
or a regulation prescribed or order issued under this chapter 
shall be fined under title 18, imprisoned for not more than 5 
years, or both.
  (b) Penalty for damaging or destroying facility.--A person 
knowingly and willfully damaging or destroying, or attempting 
to damage or destroy, an interstate gas pipeline facility or 
interstate hazardous liquid pipeline facility shall be fined 
under title 18, imprisoned for not more than 15 years, or both.
  (c) Penalty for damaging or destroying sign.--A person 
knowingly and willfully defacing, damaging, removing, or 
destroying a pipeline sign or right-of-way marker required by a 
law or regulation of the United States shall be fined under 
title 18, imprisoned for not more than one year, or both.
  (d) Penalty for not using one-call notification system or not 
heeding location information or markings.--A person shall be 
fined under title 18, imprisoned for not more than 5 years, or 
both, if the person knowingly and willfully--
          (1) engages in an excavation activity--
                  (A) without first using an available one-call 
                notification system to establish the location 
                of underground facilities in the excavation 
                area; or
                  (B) without paying attention to appropriate 
                location information or markings the operator 
                of a pipeline facility establishes; and
          (2) subsequently damages--
                  (A) a pipeline facility that results in 
                death, serious bodily harm, or actual damage to 
                property of more than $50,000;
                  (B) a pipeline facility that does not report 
                the damage promptly to the operator of the 
                pipeline facility and to other appropriate 
                authorities; or
                  (C) a hazardous liquid pipeline facility that 
                results in the release of more than 50 barrels 
                of product.

Sec. 60125. AUTHORIZATION OF APPROPRIATIONS

  (a) Gas and hazardous liquid.--To carry out this chapter 
(except for [sections 60107 and 60114(b)] section 60107) 
related to gas and hazardous liquid, there are authorized to be 
appropriated to the Department of Transportation--
          (1) $19,448,000 for fiscal year 1996;
          (2) $20,028,000 for fiscal year 1997, of which 
        $14,600,000 is to be derived from user fees for fiscal 
        year 1997 collected under section 60301 of this title;
          (3) $20,729,000 for fiscal year 1998, of which 
        $15,100,000 is to be derived from user fees for fiscal 
        year 1998 collected under section 60301 of this title;
          (4) $21,442,000 for fiscal year 1999, of which 
        $15,700,000 is to be derived from user fees for fiscal 
        year 1999 collected under section 60301 of this title; 
        and
          (5) $22,194,000 for fiscal year 2000, of which 
        $16,300,000 is to be derived from user fees for fiscal 
        year 2000 collected under section 60301 of this title.
  (b) Hazardous liquid.--Not more than the following amounts 
may be appropriated to the Secretary to carry out this chapter 
(except [sections 60107 and 60114(b)] section 60107) related to 
hazardous liquid:
          (1) $1,728,500 for the fiscal year ending September 
        30, 1993.
          (2) $1,866,800 for the fiscal year ending September 
        30, 1994.
          (3) $2,000,000 for the fiscal year ending September 
        30, 1995.
  (c) State grants.--
          (1) Not more than the following amounts may be 
        appropriated to the Secretary to carry out section 
        60107 of this title:
                  (A) $7,750,000 for the fiscal year ending 
                September 30, 1993.
                  (B) $9,000,000 for the fiscal year ending 
                September 30, 1994.
                  (C) $10,000,000 for the fiscal year ending 
                September 30, 1995.
                  (D) $12,000,000 for fiscal year 1996.
                  (E) $14,000,000 for fiscal year 1997, of 
                which $12,500,000 is to be derived from user 
                fees for fiscal year 1997 collected under 
                section 60301 of this title.
                  (F) $14,490,000 for fiscal year 1998, of 
                which $12,900,000 is to be derived from user 
                fees for fiscal year 1998 collected under 
                section 60301 of this title.
                  (G) $15,000,000 for fiscal year 1999, of 
                which $13,300,000 is to be derived from user 
                fees for fiscal year 1999 collected under 
                section 60301 of this title.
                  (H) $15,524,000 for fiscal year 2000, of 
                which $13,700,000 is to be derived from user 
                fees for fiscal year 2000 collected under 
                section 60301 of this title.
          (2) At least 5 percent of amounts appropriated to 
        carry out United States Government grants-in-aid 
        programs for a fiscal year are available only to carry 
        out section 60107 of this title related to hazardous 
        liquid.
          (3) Not more than 20 percent of a pipeline safety 
        program grant under section 60107 of this title may be 
        allocated to indirect expenses.
  [(d) Grants for one-call notification systems.--Not more than 
$-------- may be appropriated to the Secretary for the fiscal 
year ending September 30, 19--, to carry out section 60114(b) 
of this title. Amounts under this subsection remain available 
until expended.]
  [(e)] (d) Crediting appropriations for expenditures for 
training.--The Secretary may credit to an appropriation 
authorized under subsection (a) or (b) of this section amounts 
received from sources other than the Government for 
reimbursement for expenses incurred by the Secretary in 
providing training.
  [(f)] (e) Availability of unused amounts for grants.--
          (1) The Secretary shall make available for grants to 
        States amounts appropriated for each of the fiscal 
        years that ended September 30, 1986, and 1987, that 
        have not been expended in making grants under section 
        60107 of this title.
          (2) A grant under this subsection is available to a 
        State that after December 31, 1987--
                  (A) undertakes a new responsibility under 
                section 60105 of this title; or
                  (B) implements a one-call damage prevention 
                program established under State law.
          (3) This subsection does not authorize a State to 
        receive more than 50 percent of its allowable pipeline 
        safety costs from a grant under this chapter.
          (4) A State may receive not more than $75,000 under 
        this subsection.
          (5) Amounts under this subsection remain available 
        until expended.

                                
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