[Senate Report 106-387]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 763

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106th Congress                                                   Report
 2d Session                      SENATE                         106-387

_______________________________________________________________________




 
                PIPELINE SAFETY IMPROVEMENT ACT OF 2000

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2438



                                     

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                -------                                

                    U.S. GOVERNMENT PRINTING OFFICE

79-010                     WASHINGTON : 2000       




       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       ONE HUNDRED SIXTH CONGRESS

                             SECOND SESSION

                     JOHN McCAIN, Arizona, Chairman

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

                       Mark Buse, Staff Director
                   Ann H. Choiniere, General Counsel
               Kevin D. Kayes, Democratic Staff Director
                  Moses Boyd, Democratic Chief Counsel
                Gregg Elias, Democratic General Counsel



                                                       Calendar No. 763

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-387

=======================================================================




                PIPELINE SAFETY IMPROVEMENT ACT OF 2000

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 2438]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2438) ``A bill to provide for 
enhanced safety, public awareness, and environmental protection 
in pipeline transportation, and for other purposes'', having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of this legislation is to reauthorize and improve 
Federal pipeline safety programs governing natural gas and 
hazardous liquid pipelines and to reduce safety risks and 
enhance environmental protection associated with pipeline 
transportation. As reported, the bill would authorize 
appropriations for carrying out federal pipeline safety 
programs in the amounts of $26,000,000 for fiscal year (FY) 
2001, $30,000,000 for FY 2002, and $30,000,000 for FY 2003. The 
bill also authorizes funding for grants to States to assist in 
pipeline safety activities in amounts up to $17 million for FY 
2001, $20 million for FY 2002 and $20 million for FY 2003.

                          Background and Needs

  The authorization for pipeline safety programs expires 
September 30, 2000. By delegation of the Secretary of the 
Department of Transportation (DOT) through the Research and 
Special Programs Administration (RSPA), the Office of Pipeline 
Safety (OPS) is charged with administering pipeline safety 
programs. Pipeline safety programs were previously authorized 
through the Natural Gas Pipeline Safety Act of 1968, the 
Hazardous Liquid Pipeline Safety Act of 1979, and the 
Accountable Pipeline Safety and Partnership Act of 1996.
  OPS regulates the day-to-day safety of interstate pipelines, 
including the operation, maintenance, and emergency response 
procedures pertaining to gas and hazardous liquid pipeline 
systems and also conducts a pipeline research and development 
program. It oversees the transportation of natural gas to 60 
million residential and commercial customers by more than 2,000 
gas pipeline operators with more than 1.8 million miles of 
pipeline. OPS further oversees more than 200 hazardous liquid 
operators with more than 165,000 miles of pipelines that 
transport almost 60 percent of the crude oil and petroleum 
products used in the United States.
  Pipelines are one of the safest modes of transportation in 
the United States. Among all modes--highway, rail, aviation, 
marine, and pipeline--fatalities from pipeline accidents 
represent less than 3/1000 of 1 percent of the total number of 
fatalities on an annual basis.
  While pipeline transportation generally has a very safe 
record considering the volume of material transported, 
accidents do occur. According to RSPA 1999 statistics, six 
people lost their lives in interstate hazardous liquid and 
natural gas transmission pipeline accidents and 20 individuals 
lost their lives in natural gas distribution line accidents.
  The statutes under which OPS operates provide for State 
assumption of all or part of the intrastate regulatory and 
enforcement responsibility through annual certifications and 
agreements. OPS is authorized to reimburse a State agency up to 
50 percent of the actual cost of carrying out the State's 
pipeline safety program, including the cost of personnel and 
equipment. Each year, State pipeline safety programs inspect 
the facilities of more than 5,800 natural gas and 240 hazardous 
liquid pipeline operators. The States investigate and monitor 
an estimated one-third of the safety-related pipeline condition 
reports received by OPS. In addition to scheduled inspections, 
State inspectors work with OPS inspectors in comprehensive 
inspections of pipeline facilities and investigating public 
complaints against pipeline operators. States represent about 
90 percent of the State/Federal inspector work force that 
oversees pipelines nationwide.
  OPS investigates major pipeline accidents to determine 
whether violations of federal regulations occurred and whether 
revisions or additions to the regulations are needed. The 
National Transportation Safety Board (NTSB) investigates 
selected major pipeline accidents, determines the probable 
cause of the accidents it investigates, and issues safety 
recommendations to prevent their recurrence.
  Most of OPS's programs are funded by offsetting collections 
from the pipeline industry in the form of user fees and from 
the Oil Spill Liability Trust Fund. Gas transmission and 
hazardous liquid pipeline operators pay a pro rata share of 
program costs based on total pipeline mileage. Fees on 
operators of liquefied natural gas facilities are assessed 
based on total storage capacity and the level of the assessment 
is determined by annual appropriations. Consequently, users 
would bear the cost of any higher authorization levels.

                          Legislative History

  The Commerce Committee held two hearings on pipeline safety 
during the 106th Congress. On March 13, 2000, a field hearing, 
chaired by Senator Gorton, was held in Bellingham, Washington, 
during which 18 witnesses provided information and expressed 
views on a fatal hazardous liquid pipeline accident that 
occurred in June 1999, in Bellingham.
  On May 11, 2000, the full Committee held a hearing on the 
reauthorization of the Pipeline Safety Act, during which 
witnesses from RSPA, the DOT Office of the Inspector General 
(DOT-IG), NTSB, industry, and interested citizens and safety 
advocates testified. That hearing also provided witnesses a 
forum to discuss the three bills pending in the Senate to 
reauthorize the Pipeline Safety Act: S. 2004 introduced by 
Senator Murray and cosponsored by Senators Bayh, Gorton, 
Inouye, Lautenberg and Wyden; S. 2409 introduced by Senator 
Hollings at the Administration's request and cosponsored by 
Senators Mikulski and Sarbanes; and, S. 2438 introduced by 
Senator McCain and cosponsored by Senators Murray and Gorton.
  In open executive session on June 15, 2000, the Committee 
approved without objection S. 2438 with an amendment in the 
nature of a substitute, and other amendments. Chairman McCain 
and Senator Gorton offered an amendment in the nature of a 
substitute that provided a variety of technical and substantive 
amendments and it was adopted by voice vote. Chairman McCain 
also offered an amendment to modify section 13(b) on operator 
assistance in investigations which was adopted by voice vote. 
During debate on that amendment, the members agreed to work to 
further clarify the provision as well as to work on modifying 
section 15, the Pipeline Safety Advisory Council Pilot Program, 
prior to floor consideration. Senator Kerry offered an 
amendment to section 8 adding several new provisions concerning 
violations of federal pipeline safety regulations which was 
adopted by voice vote. Two amendments were offered by Senator 
Brownback which were defeated by rollcall votes (see Rollcall 
Votes in Committee). Senator Wyden offered an amendment to 
section 7 concerning the public right-to-know provisions which 
was accepted by voice vote. Finally, Senator Breaux offered an 
amendment to section 5 on integrity management. That amendment 
was defeated by voice vote, although there was a discussion 
about trying to work out the provisions of the amendment in 
dispute prior to floor consideration of the bill.

                            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, August 24, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2438, the Pipeline 
Safety Improvement Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are James 
O'Keeffe (for federal costs), Victoria Heid Hall (for the state 
and local impact), and Lauren Marks (for the private-sector 
impact).
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

S. 2438--Pipeline Safety Improvement Act of 2000

    Summary: S. 2438 would authorize appropriations for the 
Department of Transportation's (DOT's) Office of Pipeline 
Safety (OPS) for fiscal years 2001 through 2003 and would 
revise policies and procedures related to pipeline safety. It 
would direct DOT to issue and enforce new regulations and 
authorize a pilot program for state advisory councils on 
pipeline safety. The bill would allow OPS to use funds 
collected from fines and penalties to defray the cost of the 
pilot program, and such spending would not be subject to 
appropriation.
    Other provisions would direct DOT's Bureau of 
Transportation Statistics to create a national database on 
pipeline safety and require DOT's Inspector General to prepare 
a report on fines and penalties assessed by OPS. Finally, the 
bill would require pipeline operators to implement a number of 
safety measures and would change the civil and criminal 
penalties for violating laws governing pipeline safety.
    Assuming appropriation of the necessary amounts, CBO 
estimates that the net cost of implementing S. 2438 would be 
$31 million over the 2991-2005 period. That amount includes a 
net authorization of $26 million for OPS's pipeline safety 
programs and $5 million for activities at other agencies. 
Enacting S. 2438 would affect direct spending and receipts, so 
pay-as-you-go procedures would apply, but CBO estimates that 
such effects would not be significant.
    S. 2438 contains both intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
but CBO estimates that the costs of those mandates would not 
exceed the annual thresholds established in UMRA. (The 
thresholds are $55 million for intergovernmental mandates and 
$109 million for private-sector mandates in 2000, adjusted 
annually for inflation.)
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2438 is shown in the following table. 
For this estimate, CBO assumes that S. 2438 will be enacted 
near the start of fiscal year 2001 and that amounts authorized 
by this bill will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns. 
The cost of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Estimated Net Authorization Levels \2\.............................        9       10       10        1        1
Estimated Outlays..................................................        5        8       10        6        2
----------------------------------------------------------------------------------------------------------------
\1\ CBO expects that S. 2438 would increase revenues and direct spending, but we estimate that any such effects
  would not be significant.
\2\ The amounts shown are the differences between the bill's authorized funding and fee collections for each
  year.

    Basis of estimate: CBO estimates that implementing S. 2438 
would cost a total of $31 million over the 2001-2005 period, 
assuming appropriation of the necessary amounts. That estimate 
includes net spending of $26 million for OPS activities, 
reflecting the difference between authorized appropriations of 
$143 million and authorized collections of $117 million from 
pipeline user fees over the five-year period. A total of $37 
million has been appropriated for OPS activities for fiscal 
year 2000, of which $30 million is offset by pipeline user 
fees. Both spending and user fees would increase under S. 2438, 
but the spending levels authorized by the bill would continue 
to exceed the amounts collected from fees. The bill would 
authorize the appropriation of $43 million in 2001 and $50 
million in each of the fiscal years 2002 and 2003, with 
corresponding user fees of $35 million and $41 million, 
respectively. Hence, CBO estimates that the bill would 
authorize a net appropriation of $8 million in 2001 and $9 
million in each of the fiscal years 2002 and 2003.
    While the amounts collected from pipeline user fees are 
classified as offsetting receipts, CBO estimates that this 
legislation would not affect direct spending because the level 
of collections would be contingent upon future appropriations. 
(Although S. 2438 would authorize future collections, the 
amounts of gross spending and offsetting fees are determined in 
annual appropriation acts.)
    CBO estimates that other agencies would spend about $1 
million annually to implement the bill. According to the Bureau 
of Transportation Statistics, creating and maintaining a 
national database on pipeline safety would cost $1 million in 
2001 and $500,000 annually after 2001. Based on information 
from the Office of the Inspector General of DOT, CBO estimates 
that the study on fines and penalties assessed by OPS would 
cost less than $250,000.
    The provisions in S. 2438 regarding civil and criminal 
penalties would affect direct spending and governmental 
receipts (revenues). S. 2438 would increase minimum and maximum 
civil penalties and would make certain changes to existing 
criminal penalties for violations of pipeline safety law. 
Collections of civil and criminal penalties are recorded in the 
budget as governmental receipts. CBO estimates that 
implementing this legislation would increase such receipts by 
less than $500,000 a year.
    Under current law, governmental receipts derived from 
criminal penalties are deposited in the Crime Victims Fund and 
spent in subsequent years. S. 2438 would authorize OPS to spend 
amounts collected from fines and penalties on the pilot program 
for state advisory councils. CBO estimates that any net direct 
spending resulting from this legislation would be insignificant 
because we estimate that the additional revenue that could be 
spent by either the Crime Victims Fund or OPS would total less 
than $500,000 annually.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting S. 2438 would result in changes in 
direct spending and governmental receipts of less than $500,000 
a year.
    Intergovernmental and private-sector impact: S. 2438 
contains both intergovernmental and private-sector mandates as 
defined in UMRA because it would impose new requirements on 
operators of natural gas and hazardous liquid pipelines. Most 
natural gas pipeline operators are private entities, but some 
are public entities; hazardous liquid pipelines are privately 
owned. CBO estimates that the costs of the mandates would not 
exceed the annual thresholds established in UMRA. (The 
thresholds are $55 million for intergovernmental mandates and 
$109 million for private-sector mandates in 2000, adjusted 
annually for inflation.)

Mandates

    Sections 4 and 5 would direct pipeline operators to make 
available to DOT plans to enhance pipeline personnel 
qualifications, reduce the likelihood of accidents and 
injuries, and periodically test pipeline integrity using 
certain inspection methods. According to DOT's Office of 
Pipeline Safety, enacting these sections would not alter the 
agency's current authority and would not result in any 
significant changes to regulations compared to those which the 
agency would make under current law. Based on this information 
from OPS, CBO estimates that enacting these sections would 
impose no significant costs on pipeline operators.
    Section 7 would require pipeline operators to design and 
implement a public education program to instruct the community 
on damage prevention, the hazards of unintended releases, and 
procedures in the event of release. The section would direct 
pipeline operators to maintain a liaison with state and local 
emergency response agencies and provide them with detailed 
information about their pipeline facility and how it operates. 
Further, the bill would require that the public have access to 
such information, stating specifically that the data be made 
available through a widely accessible computerized database. 
According to OPS, enacting this section would require pipeline 
operators to publicize additional information relative to 
current practice. This section, therefore, imposes a new 
intergovernmental and private-sector mandate. Because the 
extent of the information to be furnished by pipeline operators 
will depend on how DOT writes the rule and on the amount of 
public interest in pipeline data, CBO cannot estimate the exact 
cost of this mandate. However, based on information provided by 
DOT and industry representatives, CBO expects that the direct 
costs of complying with the provisions in section 7 would fall 
well below the UMRA thresholds. According to those sources, 
pipeline operators already make such information about their 
pipelines widely available.
    The purpose of section 10 is to enhance DOT's ability to 
collect and distribute pipeline information in order to improve 
analysis of hazardous pipeline incidents. The bill would direct 
the Secretary of Transportation to establish a national 
depository for such information to be made available to state 
and local planning and emergency response authorities and to 
the public. The bill would further require operators of 
hazardous liquid pipelines to report to DOT each release 
exceeding five gallons into the environment. Current law calls 
for the reporting of emissions exceeding 50 gallons of 
hazardous liquids or carbon dioxide. Section 10 contains a new 
private-sector mandate because it would impose an additional 
reporting requirement on hazardous liquid pipeline operators, 
thereby increasing the cost of an existing mandate. According 
to OPS, however, operators of hazardous liquid pipelines 
already voluntarily report most of this information through a 
pilot program developed by DOT. Therefore, CBO estimates that 
the mandate imposed by this section would impose minimal costs 
on operators of hazardous liquid pipelines.
    Section 12 would authorize to be appropriated a total of 
$43 million in fiscal year 2001, of which $35 million is to be 
derived from user fees, and $50 million for each of fiscal 
years 2002 and 2003 of which $41 million in each year is to be 
derived from user fees. DOT collects those user fees from 
operators of natural gas and hazardous liquid pipelines. The 
fee levels authorized by the bill would increase the fee 
amounts that would otherwise be collected under current law. 
The requirement to pay those fee increases would be a mandate 
under UMRA. CBO estimates that the new fee levels authorized by 
the bill would increase the amount collected by $4 million in 
2001, $10 million in 2002, and $9 million in 2003 compared to 
current law. The cost of this mandate would, however, depend on 
the amount of future appropriations. Based on information from 
the American Public Gas Association, most of these fees would 
be paid by private-sector entities, but about 1 percent would 
be paid by governmental entities such as publicly owned gas 
utilities.

Other impacts

    Under current law, DOT is authorized to enter into 
agreements with states under which the states implement federal 
pipeline regulations applying to intrastate gas or hazardous 
liquid pipelines. Section 5 would authorize states under such 
agreements to review and assess operators' risk analyses and 
integrity management plans, and to provide the Secretary with 
written assessments of those plans. Section 9 would expand the 
Secretary's authority to delegate to states the oversight of 
interstate pipelines. Carrying out additional reviews and 
oversight responsibilities would increase regulatory costs for 
the states, but the costs would be incurred voluntarily.
    Of the total amounts authorized to be appropriated, section 
12 authorizes $17 million for fiscal year 2001 and $20 million 
for fiscal years 2002 and 2003 for state grants to reimburse up 
to 50 percent of the cost of state pipeline safety programs.
    Estimate prepared by: Federal Costs: James O'Keeffe. Impact 
on State, Local, and Tribal Governments. Victoria Heid Hall. 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, 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:

                       number of persons covered

  The number of persons covered should be consistent with 
current levels.

                                privacy

  The bill as reported would have no adverse impact on the 
personal privacy of individuals.

                               paperwork

  There should be no change in paperwork requirements.

                      Summary of Major Provisions

  The bill provides for a three year authorization of funding 
for pipeline safety activities at DOT as follows: $26 million 
for FY 2001; $30 million for FY 2002; and, $30 million in FY 
2003. It would further authorize the pipeline State grant 
program at up to the following levels: $17 million for FY 2001; 
$20 million for FY 2002; and, $20 million for FY 2003.
  In addition to reauthorizing federal pipeline safety programs 
through FY 2003, the bill provides for a number of statutory 
directives designed to improve interstate pipeline 
transportation safety. The bill, as reported, incorporates 
provisions and concepts from each of the three Senate pipeline 
bills introduced, and also includes several new safety 
provisions based on the testimony and recommendations received 
by the Committee.

                    DOT-IG and NTSB Recommendations

  S. 2438 would require the implementation of pipeline safety 
recommendations issued March 13, 2000 by the DOT-IG to RSPA. It 
would also 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.

                  Qualifications of Pipeline Personnel

  The bill would require interstate pipeline operators to 
submit to the Secretary of Transportation a plan designed to 
improve qualifications for pipeline personnel. At a minimum, 
the qualification plan would require pipeline operators to 
develop plans that demonstrate their 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 Department 
of Transportation completed a negotiated rulemaking in August 
1999 addressing to a considerable extent the requirements 
provided for under this legislation. The bill builds on these 
requirements and places emphasis on including adequate training 
and retraining of operator employees as a critical component of 
operator qualification plans.
  In addition, the legislation requires the Secretary to 
provide a report to Congress three years after enactment 
evaluating the effectiveness of operator qualification and 
training efforts. This report should include actions taken by 
inspectors, recommendations made by inspectors for changes to 
operator qualification and training programs, and industry 
responses to those actions and recommendations. Finally, the 
Secretary may establish appropriate benchmarks or criteria for 
evaluating and reporting on operator qualification and 
training.

                 Pipeline Integrity Inspection Program

  The bill would require DOT to issue regulations mandating 
interstate pipeline operators to periodically assess the 
adequacy of their pipelines to safely operate and to adopt and 
implement integrity management programs to reduce identified 
risks.
  Current law requires the Secretary to identify areas that are 
unusually sensitive to environmental damage in the event of a 
hazardous liquid pipeline spill and high density population 
areas that could be affected in the event of an interstate 
natural gas pipeline accident. These regions are commonly 
referred to as ``high consequence areas'' by DOT. Upon the 
designation of high consequence areas, the Secretary can 
require operators to prepare a written integrity management 
program that includes a plan for baseline assessments (internal 
inspections or other equivalent alternative technology) of all 
pipelines that could affect the high consequence area. The 
Secretary is also authorized to consider requiring each 
pipeline in the subject areas to be inspected periodically and 
to prescribe when an instrumental internal inspection device 
should be used to inspect the hazardous liquid pipeline.
  The bill expands on current law by requiring the 
implementation of integrity management plans for interstate 
pipelines that traverse environmentally sensitive areas and 
high density population areas. The additional safety measures 
proposed in the bill should, at a minimum, require operators 
to: base their integrity management plans on risk assessments 
that they conduct; periodically examine the structural and 
operational integrity of their pipelines; and, take steps to 
prevent and mitigate unintended releases, such as improving 
leak detection capabilities or installing restrictive flow 
devices. The bill includes language to emphasize that the 
integrity management plans include internal inspection or 
pressure testing of pipelines, unless to do so is not safe or 
feasible, in which case another equally effective inspection 
method could be utilized as determined by the Secretary.
  The bill requires the Secretary to review operator integrity 
management programs and provide continuing monitoring of the 
integrity management plans. The legislation also requires 
operators to include in their plans a description of their 
consultation with high consequence area State and local 
officials during the development of the integrity management 
plan covering the areas and any actions taken by the operator 
to address safety concerns raised by such officials. The bill 
is not intended to slow down the process of integrity 
management plan preparation by imposing undue consultation 
burdens on operators, and it does not mandate consultations 
with all local jurisdictions served by the operators. The bill 
is intended, however, to encourage operators to solicit and 
address safety issues of local concern. Finally, the bill 
provides additional authority to the Secretary or, in the case 
of an intrastate pipeline facility operator, the appropriate 
State regulatory agency, to halt or restrict the operations of 
a pipeline for 30 days or longer if a hazardous condition is 
found to exist.
  There are significant differences between natural gas 
transmission and hazardous liquid pipelines, as well as between 
natural gas transmission lines and natural gas distribution 
systems. Consequently, the Secretary should address and 
accommodate those differences, as appropriate, during the 
development of the integrity management rules and regulations.

 Public Education, Emergency Preparedness, and Community Right-to-Know

  The bill would require an operator of an interstate gas 
transmission or hazardous liquid pipeline facility to carry out 
a continuing public education program so that individuals and 
municipalities within proximity to the pipelines are aware of 
certain safety procedures. The public education programs would 
be expected to include information on the use of one-call 
notification systems prior to excavation, the possible hazards 
associated with unintended releases from a pipeline facility, 
the physical indications that such a release may have occurred, 
and what steps should be taken for public safety in the event 
of a pipeline release, and how to report such an event. Public 
education activities would cover municipalities, school 
districts, businesses, and homeowners located in areas through 
which a pipeline traverses. These public education activities 
should focus on those school districts, businesses, and 
homeowners that are located within a reasonable proximity to 
the pipeline, depending on the type of product.
  The bill 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 
transmission pipeline safety issues, including information on 
the types of product transported and efforts by the operator to 
mitigate safety risks. The provision is aimed at providing 
greater access to information critical to improving the 
capabilities of States and local emergency responders to 
effectively and safely respond to transmission pipeline 
accidents and incidents. The Committee, however, does not 
intend the information to include material that would not be 
pertinent to promoting emergency preparedness, such as 
operating manuals and certain proprietary information.
  The bill also directs the Secretary to prescribe regulations 
to make certain emergency information and integrity management 
program information publicly available. The Secretary is 
authorized to provide technical assistance to the pipeline 
industry on developing ways to effectively deliver the 
information to the public and it is expected that a central 
Internet-accessible site would serve as an effective way to 
deliver the information.
  The legislation further requires operators to provide mapping 
information identifying the location of transmission pipeline 
facilities to municipalities in which the transmission pipeline 
facility is located. The bill also requires the Secretary to 
make available to the public certain safety-related reports 
submitted by operators to the Department of Transportation.

                               Penalties

  The bill includes a number of provisions addressing 
violations of federal pipeline safety regulations, including 
provisions to increase the maximum amount of civil penalties 
for violating safety regulations from $25,000 to $100,000 and 
for a series of violations from $500,000 to $1,000,000. In 
addition, the bill also makes clear that the cap on civil 
administrative penalties does not apply to a judicial 
enforcement action under section 60120 or 60121 of title 49 of 
the United States Code.

                        Enhanced State Oversight

  S. 2438 as reported would establish procedures for States to 
enhance their oversight of pipeline safety. Under the bill, 
States may enter into agreements with the Secretary to 
participate in the oversight of interstate lines. However, the 
bill requires that the State oversight role be consistent with 
the Secretary's federal interstate natural gas transmission and 
hazardous liquid pipeline safety and inspection programs, 
rules, and regulations. The Committee is supportive of allowing 
States to participate in pipeline safety inspection and 
oversight activities in an effort to augment the Federal 
activities. However, the legislative provision does not give 
States any additional regulatory authority over interstate 
natural gas transmission and hazardous liquid pipelines, nor 
does it authorize a State to establish or maintain safety 
standards affecting the operation of interstate pipelines. Any 
State agreement entered into with the Secretary must be 
consistent with Department of Transportation pipeline safety 
rules and regulations.
  The bill also includes language to ensure that the enhanced 
State participation agreements do not adversely affect State 
intrastate pipeline safety programs. For example, in the event 
the Secretary determines a State's intrastate pipeline safety 
program is being impacted negatively by participation in the 
enhanced agreement the Secretary is required to cancel the 
agreement with such State.
  The bill continues the existing OPS Interstate Agent program 
as urged by witnesses testifying before the Committee's 
hearings. Under the bill, a State's designation as an 
interstate agent would continue as long as the designation does 
not negatively impact its required oversight of intrastate 
pipelines, have an adverse impact on pipeline safety, or impede 
interstate commerce.

                   Data and Technological Development

  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. It would 
further require operators to report incident releases greater 
than five gallons, compared to the current reporting 
requirement of 50 barrels. In addition, the Secretary is 
directed to establish a national depository of data to be 
administered by the Bureau of Transportation Statistics (BTS) 
in cooperation with RSPA. The data depository should include 
information about pipeline spill histories and incidents so 
that the information can be used to help prevent the recurrence 
of similar spills or incidents.
  Given the critical potential for technology advancements to 
improve safety in all modes of transportation, the bill directs 
the Secretary to include as part of the Department's overall 
research and development (R&D) efforts a focus on technologies 
with the potential to improve pipeline safety, such as new 
devices to conduct effective pipeline internal inspections and 
detect product leaks. In addition, the bill allows the 
Secretary to supplement the Department's pipeline R&D 
activities by entering into cooperative agreements to explore 
innovative technological advances.

                    Authorization of Appropriations

  The bill increases the authorization of appropriations by 
providing $26 million in FY 2001 and $30 million in both FY 
2002 and 2003 for pipeline safety activities, and providing up 
to $17 million in FY 2001 and $20 million in both FY 2002 and 
2003 for safety grants. In addition, it authorizes up to $8 
million annually to be derived from the Oil Spill Liability 
Trust Fund. The amount derived from the Oil Spill Liability 
Trust Fund is used to discharge the pipeline program 
responsibilities of the Oil Pollution Act of 1990. According to 
the Office of Pipeline Safety, over $8 million was used during 
FY 1999 to fulfill responsibilities under the Oil Pollution 
Act.

                     Cooperation in Investigations

  In an effort to enhance the ability of the NTSB and DOT to 
complete pipeline accident investigations in a timely and 
comprehensive manner, the bill 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 bill attempts to respond to problems expressed 
by hearing witnesses concerning situations such as that which 
occurred in Bellingham, Washington, involving a fatal pipeline 
accident investigation by NTSB or DOT. During the Committee's 
hearings this year, testimony was presented indicating that 
employees who are exercising their rights under the U.S. 
Constitution's Fifth Amendment sometimes refuse to cooperate 
during investigations of fatal pipeline accidents. The 
Committee learned that these same employees may continue to 
perform the same functions at the company subject to on going 
investigations.
  The Committee recognizes the Constitutional rights of 
individuals to protect themselves from self-incrimination. The 
Committee also appreciates the possible criminal liability 
exposure facing operators and their employees when 
unintentional accidents and incidents occur. However, there are 
legitimate concerns that public safety may be compromised when 
an individual's on-the-job performance is questioned as part of 
a natural gas transmission or hazardous liquid pipeline 
accident investigation and that same employee continues to 
perform the exact functions at issue in the DOT or NTSB 
investigation. Therefore, the legislation contains a provision 
to require an operator to relieve, reassign, or place on leave 
(with or without compensation) any employee whose duties 
directly affect public safety and whose performance of those 
duties is a subject of an accident investigation. The Secretary 
is required to declare a facility ``hazardous'' if prompt 
action is not taken by the operator to relieve, reassign, or 
place on leave any employee who is a subject of the 
investigation.

                       Whistleblower Protections

  To ensure pipeline employees are afforded the same 
whistleblower protections as are provided to employees in other 
transportation modes, S. 2438 includes whistleblower 
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, Public 
Law 106-181, with the exception of changing the words ``air 
carrier'' to ``pipeline.''

             Pipeline Safety Advisory Council Pilot Program

  The bill authorizes the Secretary of Transportation to carry 
out a pilot program to explore the effectiveness of creating 
State Pipeline Safety Advisory Councils. The Secretary would be 
authorized to carry out a pilot program by establishing 
advisory councils in one or more States to provide advice and 
recommendations on a range of hazardous liquid or natural gas 
transmission pipeline safety issues affecting pipelines 
operating in the State in which the Council is established. The 
Committee expects the Secretary to give priority to 
establishing such Councils in States which have experienced 
recent fatal pipeline accidents.

                      Section-by-Section Analysis


Section 1. Short title

  The section designates the Act as the Pipeline Safety 
Improvement Act of 2000.

Section 2. Implementation of Inspector General recommendations

  Subsection (a) requires implementation of the pipeline safety 
recommendations issued March 13, 2000 by the DOT-IG to the 
Administrator of RSPA, except as otherwise expressly provided 
in the bill. The IG recommended that RSPA: finalize outstanding 
1992 and 1996 Congressional mandates protecting unusually 
sensitive environmental areas as well as high-density 
population areas; expand the Administration's pipeline material 
defect detection research and development program; implement a 
program to train OPS inspectors on the use and capabilities of 
internal pipeline inspection technologies; improve the 
collection and interpretation of pipeline accident data; 
establish uniform accident reporting requirements; and 
establish timetables to implement open NTSB pipeline safety 
recommendations.
  Subsection (b) requires the Secretary, not later than 90 days 
after enactment, and every 90 days thereafter until the 
recommendations have been implemented, to 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 the recommendations.
  Subsection (c) requires the DOT-IG to 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).

Section 3. NTSB safety recommendations

  Subsection (a) requires the Secretary of Transportation, the 
Administrator of RSPA, and the Director of OPS to respond to 
NTSB pipeline safety recommendations within 90 days of receipt. 
Subsection (b) requires the Secretary, the Administrator of 
RSPA, or the Director of the Office of Pipeline Safety to make 
a copy of each recommendation on pipeline safety and response 
available to the public at reasonable cost. Subsection (c) 
requires the Secretary to submit annually to Congress a report 
describing each pipeline safety recommendation made by the NTSB 
during the prior year and the agency's response to each 
pipeline safety recommendation. In recent years, RSPA has taken 
an average of 131 days to provide an initial response to NTSB 
safety recommendations and this provision is aimed at 
encouraging more timely responses.

Section 4. Qualifications of pipeline personnel

  Subsection (a) requires pipeline operators to submit to the 
Secretary of Transportation or, in the case of an intrastate 
pipeline facility operator, the appropriate State regulatory 
agency, a plan designed to enhance the qualifications of 
pipeline personnel. Subsection (b) authorizes the Secretary to 
establish minimum standards for pipeline personnel training and 
evaluation, which may include written and oral examinations, 
work performance history review, observation during performance 
on the job, on-the-job-training, or other forms of assessment. 
The subsection permits the Secretary, or, in the case of an 
intrastate pipeline facility operator, the appropriate State 
regulatory agency, to review and certify the submitted plan to 
determine it is sufficient to provide a safe operating 
environment and requires periodic review of the plans. 
Subsection (c) requires the Secretary to submit a report to 
Congress three years after the date of enactment evaluating the 
effectiveness of the operator qualification and training 
efforts.

Section 5. Pipeline Integrity Inspection Program

  The section requires the Secretary to issue regulations 
requiring hazardous liquid pipelines and natural gas 
transmission pipelines to evaluate the risks to the operator's 
pipeline facilities in environmentally sensitive and high-
density population areas, and adopt and implement a program for 
integrity management that reduces the risks of an incident in 
those areas. The section requires the Secretary to issue the 
risk and integrity management regulations no later than one 
year after the Secretary issues standards identifying 
environmentally sensitive and high-density population areas, or 
by December 31, 2001, whichever is sooner.
  The section requires that an operator's integrity management 
plan be based on risk analysis and include, at a minimum: 
periodic assessment of the pipeline's integrity, through 
internal inspection, pressure testing, direct assessment, or 
other effective methods; clearly defined criteria for 
evaluating the results of the inspection or testing conducted 
and procedures to ensure identified problems are corrected in a 
timely manner; measures, as appropriate, that prevent and 
mitigate unintended product releases (such as leak detection, 
restrictive flow devices, or other measures); and, a 
description of the operator's consultation with State and local 
officials during development of the integrity management plan 
and the actions taken by the operator to address safety 
concerns raised by those officials. The section requires 
operators to take into account the pipeline's leak history and 
the potential for the development of pipeline defects when 
determining how frequently to conduct integrity inspections.
  The section further permits a State having a pipeline safety 
agreement with the Secretary to review and assess an operator's 
risk analyses and integrity management plan, and provide the 
Secretary with a written assessment of the operator's plan. The 
section authorizes such State to make recommendations to 
address safety concerns not adequately addressed in the 
operator's plans and to submit documentation explaining the 
State-proposed plan revisions. The section requires the 
Secretary to carefully consider the State's proposals and work 
in consultation with the State and operator to address safety 
concerns.
  The section also authorizes the Secretary to periodically 
review the operator's risk analysis and integrity management 
program. The Secretary is required to provide for continued 
monitoring of such plans. The Secretary is also required to 
assess and evaluate the effects on safety and the environment 
of extending all of the requirements to areas not designated as 
environmentally sensitive or high-density population areas.

Section 6. Enforcement

  This section permits the Secretary or, in the case of an 
intrastate pipeline facility operator, the appropriate State 
regulatory agency, to take action to prevent or restrict the 
operation of a system for 30 days if a determination is made 
that allowing the facility's continued operations creates an 
imminent hazard. The term ``imminent hazard'' means the 
existence of a condition that presents a substantial likelihood 
that death, serious illness, severe personal injury, or a 
substantial endangerment to health, property, or the 
environment may occur before the reasonably foreseeable 
completion date of a formal proceeding begun to lessen the risk 
of that death, illness, injury, or endangerment. The section 
permits the Secretary or, in the case of an intrastate pipeline 
facility operator, the appropriate State regulatory agency, to 
extend the action after notice and an opportunity for a hearing 
if it is determined that the resumption of operation would 
create an imminent hazard.

Section 7. Public education, emergency preparedness, and community 
        right-to-know

  Section (a) requires each owner or operator of a gas or 
hazardous liquid pipeline facility to carry out a continuing 
public education 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 a release. Owners or 
operators of pipeline facilities are required to modify their 
public education programs as necessary and advise affected 
municipalities, school districts, businesses, and residents of 
pipeline facility locations. The section also permits the 
Secretary to issue standards prescribing the elements of an 
effective public education program.
  The section further requires an operator of a gas 
transmission or hazardous liquid pipeline facility to initiate 
and maintain liaison with the State emergency response 
commissions and local emergency planning committees in the 
areas of pipeline right-of-way in each State in which it 
operates. The subsection requires the operator, upon request, 
to provide a copy of its integrity management program and 
include certain information including: the business name, 
address, telephone number of the operator, including a 24-hour 
emergency contact number; a description of the facility 
including pipe diameter, the product or products carried, and 
the operating pressure; maps showing the location of the 
facility and, when available, any high consequence areas which 
the pipeline facility traverses; a summary description of the 
integrity measures the operator uses to assure safety and 
protection for the environment; and a point of contact to 
respond to questions from emergency response representatives. 
The section requires the Secretary to prescribe requirements 
for public access, as appropriate, to this information as well 
as to integrity management program information.
  The section requires the owner or operator of gas 
transmission or hazardous liquid pipeline facilities to provide 
municipalities in which the facility is located, a map 
identifying the location of such facilities. The section 
authorizes the Secretary to provide technical assistance to the 
pipeline industry on developing public safety and public 
education program content, and best practices for program 
delivery. The section further authorizes the Secretary to make 
available to the public safety-related condition reports and 
pipeline incident reports filed by operators, as well as 
information concerning integrity management programs.

Section 8. Penalties

  Subsection (a) increases the maximum amount of civil 
penalties. The civil penalty for violating safety regulations 
would be increased from $25,000 to $100,000 per violation. The 
subsection also increases the maximum civil penalty for a 
series of safety regulation violations from $500,000 to 
$1,000,000. The subsection would also permit the Secretary to 
take into account the economic benefit gained from a violation 
of safety regulations without any discount because of 
subsequent damages.
  Subsection (b) clarifies existing law so as to correct the 
reading of the statute by the district court in United States 
v. Plummer, CR 99-121 (D. Minn. 1999). This case was the first 
prosecution of an excavator under 49 U.S.C. 60123(d)(1). The 
district court found that the excavator knowingly and willfully 
excavated without using the available one-call notification 
system and that the excavator struck an underground hazardous 
liquid pipeline. Although the excavator pleaded guilty to 
violation of the Clean Water Act, the district court dismissed 
the count under section 60123(d)(1). The court found that the 
location of the term ``knowingly and willfully'' in that 
section requires that a prosecutor prove that an excavator who 
disregards one-call notification and damages a pipeline 
intended to cause that damage. The subsection inserts the term 
``knowingly and willfully'' before the word ``engages.'' The 
subsection would also provide that an excavator would not be 
subject to a felony charge unless the excavator causes 
significant damage or knows that damage has occurred and does 
nothing about it.
  Subsection (c) permits, on the request of the Secretary of 
Transportation, the Attorney General to bring a civil action in 
an appropriate district court to assess civil penalties 
considering the same factors as prescribed for the Secretary in 
administrative cases and order injunctive relief as provided 
under section 60122.

Section 9. State oversight role

  The section enhances State pipeline safety oversight 
responsibilities. Subsection (a) permits the Secretary to make 
an agreement with a State authorizing the State authority to 
participate in the safety oversight of interstate pipeline 
transportation. The subsection requires that each agreement 
entered into must include a plan for the State authority to 
participate in special safety investigations involving 
incidents or new construction and allow participation in other 
activities overseeing interstate pipeline transportation. Prior 
to issuing a certificate for participation, the subsection 
requires the Secretary to determine that: the agreement is 
consistent with the Secretary's program for inspection and 
consistent with the safety policies and provisions provided 
under chapter 601 of title 49, U.S.C.; the agreement would not 
negatively impact existing State responsibilities for 
intrastate pipelines; the State is carrying out a program 
demonstrated to promote preparedness and risk prevention 
activities that enable communities to live safely with 
pipelines; the State meets the minimum standards for State one-
call notification set forth in chapter 61 of title 49, U.S.C.; 
and that the actions planned under the agreement would not 
impede interstate commerce or jeopardize public safety. The 
subsection also grandfathers State agreements entered into 
between the Secretary and a State until the Secretary 
determines that the State meets the requirements set forth in 
the subsection.
  Subsection (b) authorizes the Secretary to end agreements 
when the Secretary finds that the State has not complied with 
any provision of the agreement. The subsection also requires 
the Secretary to end an agreement if it is found that the 
agreement's implementation has resulted in a gap in intrastate 
pipeline transportation oversight and the State actions have 
failed to meet the agreement's requirements, or continued 
participation by the State in the oversight of interstate 
pipeline transportation is not promoting pipeline safety. Prior 
to ending an agreement under this subsection, the Secretary is 
required to provide notice and an opportunity for a hearing to 
the State.
  Subsection (c) continues Department of Transportation 
Interstate Agent Agreements which allow States to inspect 
interstate hazardous liquid and natural gas transmission 
pipelines. The subsection does not expand the scope of the 
agreements and does not grant any enhanced pipeline authority 
to States designated as interstate agents. The subsection 
further permits the Secretary to end an interstate agent 
agreement if the State wishes to withdraw from the agreement or 
if a finding is made that the agreement's continuation has 
resulted in a gap in intrastate pipeline transportation 
oversight or that the interstate agent agreement is not 
promoting pipeline safety. Prior to ending an agreement under 
this subsection, the Secretary is required to provide notice 
and an opportunity for a hearing to the State.

Section 10. Improved data and data availability

  Subsection (a) requires the Secretary to develop a 
comprehensive plan to collect and use pipeline data in order to 
thoroughly assess the many factors in accidents. The plan 
developed under this subsection must include components that 
would allow the performance of sound incident trend analysis 
and evaluations of pipeline operator performance.
  Subsection (b) requires owners and operators of hazardous 
liquid pipeline facilities to report to the Secretary any 
release exceeding five gallons of hazardous liquid or carbon 
dioxide transported. The subsection requires the report to 
include the location of the release, facilities and personal 
injuries, type of product, amount of product, cause(s), and the 
response undertaken to clean up the release. The subsection 
also requires a person owning or operating a pipeline facility 
to make records, reports and data available under subsection 
(a) of the section, and other reasonable described records 
relevant to incident investigations, available to the Secretary 
within the time limits prescribed in a written request.
  Subsection (c) allows civil and criminal penalties to be 
assessed against an operator who fails to report releases 
exceeding five gallons of hazardous liquid or carbon dioxide 
transported. The subsection also allows civil and criminal 
penalties to be assessed against an operator who fails to make 
records, reports and data available as prescribed in subsection 
(b).
  Subsection (d) requires the Secretary to establish a national 
depository of data on spill histories and corrective actions 
taken by pipeline operators that would be used to evaluate the 
risk of, and to prevent, pipeline failures and releases. The 
subsection directs the Secretary to administer the depository 
through the Bureau of Transportation Statistics in cooperation 
with RSPA.

Section 11. Innovative technology development

  Subsection (a) requires the Secretary to support research and 
development of alternative technologies: to expand the 
detection capabilities of internal inspection devices to detect 
defects and anomalies; to inspect pipelines that cannot 
accommodate internal inspection devices available on the date 
of enactment; to develop innovative techniques measuring the 
structural integrity of pipelines; to improve the capability, 
reliability, and practicality of external leak detection 
devices; and to develop and improve alternative technologies to 
identify and monitor outside force damage to pipelines.
  Subsection (b) permits the Secretary to participate in 
additional technological development through cooperative 
agreements with trade associations, academic institutions, and 
other qualified organizations. This participation is not 
intended to supplant the research and development program 
established in Subsection (a).

Section 12. Authorization of appropriations

  The section authorizes appropriations for fiscal years 2001, 
2002, and 2003 for pipeline safety activities at DOT and the 
pipeline safety State grants. For pipeline safety activities at 
DOT, subsection (a) authorizes $26 million for FY 2001, $30 
million for FY 2002, and $30 million for FY 2003. For pipeline 
safety State grants, subsection (b) authorizes $17 million for 
FY 2001, $20 million for FY 2002, and $20 million for FY 2003. 
Subsection (c) authorizes up to $8 million a year to be 
transferred out of the Oil Spill Liability Trust Fund to 
support programs authorized in the Act in fiscal years 2001, 
2002, and 2003.

Section 13. Operator assistance in investigations

  Subsection (a) requires operators to make available to DOT or 
the NTSB all records and information (including integrity 
management plans and test results) that pertain in any way to 
an accident under investigation by DOT or the Board. The 
subsection also requires operators to afford all reasonable 
assistance in accident investigations conducted by the 
Department or the NTSB.
  Subsection (b) requires an operator to relieve, reassign, or 
place on leave (with or without compensation) any employee 
whose duties affect public safety and whose performance of 
those duties is a subject of an accident investigation until 
such time as the investigation is concluded. The subsection 
requires the Secretary to declare a facility hazardous under 49 
U.S.C. 60112 if the operator fails to take prompt action to 
relieve, reassign, or place on leave the employee whose duties 
affect public safety.

Section 14. Protection of employees providing pipeline safety 
        information

  Subsection (a) prohibits a pipeline operator or contractor or 
subcontractor of a pipeline from firing, or taking other 
adverse action against an employee for doing any of the 
following: providing information to the employer or Federal 
government relating to pipeline safety; filing or being about 
to file a proceeding relating to pipeline safety; testifying or 
being about to testify in such a proceeding; or assisting or 
participating in such a proceeding.
  The subsection establishes procedures governing the filing of 
complaints by aggrieved whistleblowers at the Department of 
Labor. The procedures allow whistleblowers who believe they 
have been fired or otherwise treated unfairly in providing 
information about an alleged pipeline safety problem to file a 
complaint with the Secretary of Labor within 180 days of the 
violation. The subsection requires the Labor Department to 
notify the person named in the complaint and the Administrator 
of RSPA of the complaint and the allegations contained in the 
complaint. The subsection establishes specific time frames 
under which the Labor Department must proceed in investigating 
the whistleblower's complaint. In the event the Department of 
Labor concludes that there is a reason to believe a violation 
has occurred, the subsection requires it to issue a preliminary 
order providing a remedy. The subsection requires that within 
30 days of being notified of the Department of Labor's 
findings, either side may file objections and request a hearing 
but this shall not stay a reinstatement remedy in the 
preliminary order.
  The subsection describes the final order procedures and lists 
the remedies that could be ordered as follows: take action to 
abate the violation; reinstate the employee with back pay; and 
provide monetary damages to the employee. The subsection 
provides that if a final order is issued, the Labor Secretary, 
at the request of the employee, shall assess the employee's 
attorney's fees against the person whom the order is issued.
  The subsection also provides that if the Secretary of Labor 
finds that a complaint is frivolous or has been brought in bad 
faith, the Secretary may award to the prevailing employer a 
reasonable attorney's fee not exceeding $1,000.
  The subsection establishes judicial review procedures that 
permit either party, within 60 days of the issuance of the 
final order, to appeal to the circuit court where the violation 
allegedly occurred or where the employee resided at the time of 
the violation. The subsection further permits the Labor 
Secretary to enforce the order by bringing suit in a district 
court against the person that has failed to comply. The 
subsection permits the court to issue an injunction or provide 
other relief.
  The subsection also allows the person who won the case before 
the Secretary to sue the other party to force compliance with 
the Secretary's order. The subsection establishes that the U.S. 
district court would have jurisdiction over the case.
  The subsection makes clear that the whistleblower protections 
do not apply to any employee of a pipeline, contractor or 
subcontractor who, acting without direction from the pipeline 
contractor or subcontractor, deliberately causes a violation of 
any requirement relating to pipeline safety.
  Subsection (b) makes a conforming amendment.

Section 15. Pipeline Safety Advisory Council pilot program

  Subsection (a) requires the Secretary of Transportation to 
create a Pipeline Safety Advisory Council pilot program. The 
subsection authorizes the establishment of one or more Councils 
to provide to the Secretary of Transportation advice and 
recommendations 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.
  Subsection (b) defines the composition of a Council 
established by the pilot program. The subsection requires that 
a Council established be comprised of 11 members, appointed by 
the Secretary, who would have to be residents of the State in 
which the Council would review and monitor the portion of the 
pipeline located solely in that State. The subsection requires 
the Council members appointed under the pilot to represent the 
general public, pipeline rights-of-way property owners (who are 
not representatives of any other category in the subsection), 
local governments, State officials with jurisdiction over 
pipeline safety, emergency responders and environmental 
organizations.
  Subsection (c) requires that an Advisory Council created by 
the pilot provide advice to the Secretary on safety regulations 
and other matters relating to activities and functions of DOT's 
Office of Pipeline Safety. The subsection requires that each 
meeting of such an Advisory Council be open to the public and 
that minutes of each meeting be maintained. In carrying out its 
advisory duties, the subsection requires an Advisory Council to 
provide advice and recommendations on policies and regulations 
relating to the operation and maintenance of pipeline 
facilities which affect the State to the Secretary of 
Transportation and the Governor of the State in which the 
Council is located. The subsection also requires the Advisory 
Council to review and comment on proposals for new pipeline 
facilities in the State, including issues of public safety and 
environmental impact. The subsection also requires the 
submission of an annual report by an Advisory Council to the 
Secretary of Transportation on the activities and the steps 
taken in the State to address its suggested safety 
recommendations.
  Subsection (d) requires an Advisory Council established in 
the pilot program to submit an application for funding to the 
Secretary of Transportation. The subsection permits the 
Secretary to utilize funds obtained from fines and penalties or 
appropriated funds to support the Council's activities.
  Subsection (e) requires the Secretary to determine the need 
for continuing and, if appropriate, expanding the pilot 
program. The subsection requires the Secretary to report that 
determination, together with any recommendations concerning the 
program, to Congress by December 31, 2004.

Section 16. Fines and penalties

  The section requires the Department of Transportation 
Inspector General to 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. A report 
on the analysis is required no later than six months after the 
date of enactment.

Section 17. Study of rights-of-way

  The section authorizes the Secretary to conduct a study on 
how best to preserve environmental resources in conjunction 
with maintaining pipeline rights-of-way. The section requires 
that the study recognize pipeline operators' regulatory 
obligations to maintain rights-of-way and to protect public 
safety.

                      Rollcall Votes in Committee

  In accordance with paragraph 7(c) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following description of the record votes during its 
consideration of S. 2438:
  Senator Brownback offered an amendment to strike section 15 
establishing an Advisory Council pilot program and in lieu of 
that provision to amend the duties of the Technical Safety 
Standards Committee to provide for regional meetings. By 
rollcall vote of 4 yeas and 12 nays as follows, the amendment 
was defeated:

        YEAS--4                       NAYS--12
Mr. Lott \1\                        Mr. Stevens \1\
Mr. Abraham \1\                     Mr. Burns
Mr. Brownback                       Mr. Gorton
Mr. Breaux                          Ms. Snowe
                                    Mr. Frist \1\
                                    Mr. Hollings
                                    Mr. Inouye \1\
                                    Mr. Rockefeller \1\
                                    Mr. Kerry \1\
                                    Mr. Wyden
                                    Mr. Cleland \1\
                                    Mr. McCain

    \1\ By proxy.

  Senator Brownback offered an amendment to strike the State 
participation provisions established under the bill (which must 
be consistent with Federal pipeline rules and regulations), to 
instead would permit limited state participation in 
investigations. By rollcall vote of 9 yeas and 10 nays as 
follows the amendment was defeated:

        YEAS--9                       NAYS--10
Mr. Lott \1\                        Mr. Stevens \1\
Mrs. Hutchison \1\                  Mr. Burns
Mr. Ashcroft \1\                    Mr. Gorton
Mr. Abraham \1\                     Ms. Snowe \1\
Mr. Brownback                       Mr. Frist \1\
Mr. Hollings                        Ms. Inouye \1\
Mr. Rockefeller \1\                 Mr. Kerry \1\
Mr. Breaux                          Mr. Dorgan \1\
Mr. Cleland \1\                     Mr. Wyden
                                    Mr. McCain

    \1\ By proxy.


    ADDITIONAL VIEWS OF SENATORS BREAUX, LOTT, BROWNBACK, ABRAHAM, 
                     HUTCHISON, CLELAND, AND DORGAN

Senator Breaux (Associated with all parts of these additional 
        views)
Senator Lott (Associated with all parts of these additional 
        views)
Senator Brownback (Associated with all parts of these 
        additional views)
Senator Abraham (Associated with all parts of these additional 
        views)
Senator Hutchison (Associated with the additional views 
        relating to sections 5 and 9)
Senator Cleland (Associated with the additional views relating 
        to sections 5, 9, and 13)
Senator Dorgan (Associated with the additional views relating 
        to sections 5 and 9)

  While there were many pipeline safety issues that the 
Committee addressed in the manager's amendment to S. 2438, 
there were several issues that were not resolved prior to the 
markup and amendments were offered to address those concerns. 
Debate during the markup centered on the four issues identified 
in these additional views, and alternatives were offered to 
address the concerns raised. Although we hope to work with the 
Chairman and members of the Committee on a manager's amendment 
prior to floor consideration which would provide solutions to 
these problems, we would like to state our concerns about the 
legislation approved by the Committee on June 15, 2000.

  additional views with respect to section 5, the pipeline integrity 
                           inspection program

                          internal inspections

  Section 5 of the bill contains a requirement that each 
pipeline company develop integrity management plans which 
include ``internal inspection or pressure testing, or other 
equally protective methods, where these techniques are not 
feasible, that periodically assesses the integrity of the 
pipeline.'' While we agree that there should be periodic 
inspections of the pipeline, we are concerned that this 
language might be interpreted as requiring periodic internal 
inspections using ``smart pigs'' and/or hydrostatic testing. In 
many instances, ``smart pigs'' are useful tools, but like any 
device, they have limitations. While approximately 90 percent 
of interstate liquid pipelines are ``piggable,'' only 35 
percent of interstate natural gas pipeline mileage is 
``piggable.'' If ``smart pigs'' were to be required, the 
majority of the remaining natural gas pipelines would have to 
be re-engineered for smart pigs at great cost, which would 
result in lengthy and dramatic gas service interruptions. In 
addition, there are concerns about pressure testing, which 
could result in publicly unacceptable service disruptions, as 
well as actually weakening the pipeline and causing future 
safety problems. Although the bill gives DOT the flexibility to 
allow other techniques where ``feasible,'' it does not define 
what is, and is not ``feasible.'' For example, shutting down an 
interstate pipeline for a month of testing is ``feasible,'' but 
is likely not acceptable to those customers served by the 
pipeline.
  During the Committee debate on this issue, it was clear that 
this language was drafted to provide flexibility and members 
indicated a willingness to work toward language that would 
clarify which types of assessment methods could be utilized. 
For example, direct assessment is an inspection method whereby 
sections of pipe are dug up and examined for corrosion or other 
anomalies--in some situations this method may be the most 
effective. We want to be assured that this bill improves safety 
in a way that makes good sense and does not disrupt service to 
the public.

              consultation with state and local officials

  Section 5 requires ``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.'' 
Interstate pipelines go through numerous States and localities. 
It would be impossible for pipelines to confer with all local 
officials and get an integrity plan out in any reasonable 
period of time. During the markup, it was suggested that the 
State might be the most appropriate entity to coordinate local 
concerns regarding the development of integrity management 
plans with the Office of Pipeline Safety and interstate 
pipeline operators. We are concerned that the language in the 
bill would infer that any local official would have the ability 
to delay the implementation of an integrity management plan, or 
that competitor operations might use the process adversely for 
competitive rather than safety purposes.

  Additional views with respect to section 9, the state oversight role

  An additional concern we have, which was raised during 
Committee consideration of the bill, is the appropriate role 
for States in the oversight of interstate pipelines. We support 
a role for States working in conjunction with the federal 
Office of Pipeline Safety in conducting inspections of existing 
interstate pipelines and construction of new pipelines 
according to federal standards. In addition, we support State 
agencies participating in incident investigations in compliance 
with Department of Transportation regulations. However, we are 
concerned that some of the language in this section could be 
interpreted to permit States to set standards and regulations 
over and above those set by the Department of Transportation.
  Section 9 suggests that States will participate in the 
``oversight'' of interstate pipelines and allows the State 
authority to participate in other activities overseeing 
interstate pipeline transportation or to assume additional 
inspection or investigatory duties. We have concerns about this 
provision, because the oversight of interstate pipelines is the 
exclusive regulatory jurisdiction of DOT (pursuant to 49 USC 
60104(c)). Although an amendment was offered to clarify the 
intent of this provision, it was defeated 9 to 10. A number of 
Senators have expressed concerns with States being able to set 
their own standards for interstate pipelines, which could 
ultimately result in a patchwork system of regulations 
throughout the country. This situation with different standards 
in different States would not add to safety, but could actually 
hinder it. Not only would 50 different sets of regulations 
divert resources away from where they are most needed to 
improve safety, but they would also hinder interstate commerce, 
the primary rationale for federal regulation.

  Additional views with respect to section 13, operator assistance in 
                             investigations

  We have significant problems with section 13 which requires 
that the Secretary of Transportation take action against a 
pipeline operator if the operator fails to reassign, relieve, 
or place on leave any employee whose duties affect public 
safety and whose performance of those duties is a subject of an 
accident investigation. This is the wrong answer to the problem 
of individuals exercising their constitutional rights.
  This provision attempts to remedy a situation that resulted 
from the Olympic pipeline accident in Bellingham, Washington. A 
number of employees of Olympic pipeline exercised their Fifth 
Amendment rights when the Department of Justice filed a 
criminal suit against them under the Clean Water Act. Because 
they are facing criminal charges, the employees are not 
cooperating in the National Transportation Safety Board 
investigation of the pipeline accident. The criminal charges 
pending are for a finding of negligence, not gross negligence.
  As written, section 13 requires a pipeline operator to take 
action against any employee whose performance of duties are a 
subject of an accident investigation. The legislation would 
require an operator to relieve, reassign, or place on leave 
(with or without compensation) any employee, regardless of 
their role in the accident, whose duties directly affect public 
safety and whose performance of those duties is the subject of 
an accident investigation until such time as the investigation 
is concluded--which may take years. If a pipeline operator does 
not take prompt action against the employee, the Secretary is 
required to declare the pipeline facility ``hazardous'' under 
section 60112 and could shut down the pipeline.
  The provision provides no discretion to the Secretary. 
Ultimately, there is no consideration for how much this action 
will disrupt service to the public. Pipeline systems may be 
unique in operation and limiting or eliminating the use of 
certain personnel could have extremely adverse effects on the 
general population relying on pipeline service. There is no 
recognition of adverse safety consequences due to relieving, 
reassigning or placing employees on leave, which has the 
potential to create a situation in which there are not enough 
qualified individuals to perform the necessary safety and 
operational functions on the pipeline. This proposal is bad 
public policy.

   Additional views with respect to section 15, the pipeline safety 
                     advisory council pilot program

  Section 15 creates a pilot program under the Department of 
Transportation establishing one or more State advisory councils 
to provide the Secretary advice and recommendations on a range 
of issues affecting liquid and natural gas pipelines. It is not 
clear whether these councils are subject to the Federal 
Advisory Committee Act.
  While there was much discussion of this issue during the 
Committee markup, we are concerned about the public policy 
objectives of this pilot program. There are already a number of 
ways the Secretary can obtain public input on pipeline safety 
issues. The Secretary can hold hearings around the country, 
conduct workshops, or utilize the existing Technical Safety 
Standards Committees. It is the role of the Department of 
Transportation and the States if they become interstate agents 
to provide safety oversight of pipeline operations.
  Finally, there are a number of other concerns that we have 
with this provision. For example, it does not limit the number 
of advisory councils, it does not require a charter to ensure a 
limited scope of purpose, does not sunset the councils, it does 
not provide any pipeline representation on these councils, nor 
does it prohibit competitors of pipelines from sitting on these 
councils. Additionally, advisory councils could actually harm 
pipeline safety by diverting resources from safety functions to 
provide funding for advisory councils. Also, since these 
advisory councils inherently serve local or State interests, 
their costs should be borne by the localities or States 
requesting their establishment.

                      Concluding additional views

  Again, while we support much of the Committee-passed bill, we 
continue to have reservations about the sections discussed 
above. We would like to work with the Chairman and members of 
the Committee to craft a manager's amendment which would 
address the concerns identified in these views prior to floor 
consideration.

                        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, UNITED STATES CODE

                          CHAPTER 601--SAFETY

Sec. 60106. State pipeline safety agreements

  (a) [General Authority.--] Agreements Without Certification._
If the Secretary of Transportation does not receive a 
certification under section 60105 of this title, the Secretary 
may make an agreement with a State authority (including a 
municipality if the agreement applies to intrastate gas 
pipeline transportation) authorizing it to take necessary 
action. Each agreement shall--
          (1) establish an adequate program for record 
        maintenance, reporting, and inspection designed to 
        assist compliance with applicable safety standards 
        prescribed under this chapter; and
          (2) prescribe procedures for approval of plans of 
        inspection and maintenance substantially the same as 
        required under section 60108 (a) and (b) of this title.
  (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 6l; 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)] (c) Notification.--Each agreement shall require the 
State authority to notify the Secretary promptly of a violation 
or probable violation of an applicable safety standard 
discovered as a result of action taken in carrying out an 
agreement under this section.
  [(c)] (d) Monitoring.--The Secretary may monitor a safety 
program established under this section to ensure that the 
program complies with the agreement. A State authority shall 
cooperate with the Secretary under this subsection.
  [(d) Ending Agreements.--The Secretary may end an agreement 
made under this section when the Secretary finds that the State 
authority has not complied with any provision of the agreement. 
The Secretary shall give the authority notice and an 
opportunity for a hearing 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.]
  (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.

Sec. 60109. High-density population areas and environmentally sensitive 
                    areas

  (a) Identification Requirements.--Not later than October 24, 
1994, the Secretary of Transportation shall prescribe standards 
that--
          (1) establish criteria for identifying--
                  (A) by operators of gas pipeline facilities, 
                each gas pipeline facility (except a natural 
                gas distribution line) located in a high-
                density population area; and
                  (B) by operators of hazardous liquid pipeline 
                facilities and gathering lines--
                          (i) each hazardous liquid pipeline 
                        facility, whether otherwise subject to 
                        this chapter, that crosses waters where 
                        a substantial likelihood of commercial 
                        navigation exists or that is located in 
                        an area described in the criteria as a 
                        high-density population area; and
                          (ii) each hazardous liquid pipeline 
                        facility and gathering line, whether 
                        otherwise subject to this chapter, 
                        located in an area that the Secretary, 
                        in consultation with the Administrator 
                        of the Environmental Protection Agency, 
                        describes as unusually sensitive to 
                        environmental damage if there is a 
                        hazardous liquid pipeline accident; and
          (2) provide that the identification be carried out 
        through the inventory required under section 60102(e) 
        of this title.
  (b) Areas To Be Included as Unusually Sensitive.--When 
describing areas that are unusually sensitive to environmental 
damage if there is a hazardous liquid pipeline accident, the 
Secretary shall consider areas where a pipeline rupture would 
likely cause permanent or long-term environmental damage, 
including--
          (1) locations near pipeline rights-of-way that are 
        critical to drinking water, including intake locations 
        for community water systems and critical sole source 
        aquifer protection areas; and
          (2) locations near pipeline rights-of-way that have 
        been identified as critical wetlands, riverine or 
        estuarine systems, national parks, wilderness areas, 
        wildlife preservation areas or refuges, wild and scenic 
        rivers, or critical habitat areas for threatened and 
        endangered species.
  (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 methods, 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. 60112. Pipeline facilities hazardous to life and property

  [(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 the 
facility is--
          [(1) hazardous to life, property, or the environment; 
        or
          [(2) constructed or operated, or a component of the 
        facility is constructed or operated, with equipment, 
        material, or a technique the Secretary decides is 
        hazardous to life, property, or the environment.]
  (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.
  (b) Considerations.--In making a decision under subsection 
(a) of this section, the Secretary shall consider, if 
relevant--
          (1) the characteristics of the pipe and other 
        equipment used in the pipeline facility, including the 
        age, manufacture, physical properties, and method of 
        manufacturing, constructing, or assembling the 
        equipment;
          (2) the nature of the material the pipeline facility 
        transports, the corrosive and deteriorative qualities 
        of the material, the sequence in which the material are 
        transported, and the pressure required for transporting 
        the material;
          (3) the aspects of the area in which the pipeline 
        facility is located, including climatic and geologic 
        conditions and soil characteristics;
          (4) the proximity of the area in which the hazardous 
        liquid pipeline facility is located to environmentally 
        sensitive areas;
          (5) the population density and population and growth 
        patterns of the area in which the pipeline facility is 
        located;
          (6) any recommendation of the National Transportation 
        Safety Board made under another law; and
          (7) other factors the Secretary considers 
        appropriate.
  (c) Opportunity for State Comment.--The Secretary shall 
provide, to any appropriate official of a State in which a 
pipeline facility is located and about which a proceeding has 
begun under this section, notice and an opportunity to comment 
on an agreement the Secretary proposes to make to resolve the 
proceeding. State comment shall incorporate comments of 
affected local officials.
  (d) Corrective Action Orders.--If the Secretary decides under 
subsection (a) of this section that a pipeline facility [is 
hazardous,] is, or would be, hazardous, the Secretary shall 
order the operator of the facility to take necessary corrective 
action, including suspended or restricted use of the facility, 
physical inspection, testing, repair, replacement, or other 
appropriate action.
  (e) Waiver of Notice and Hearing in Emergency.--The Secretary 
may waive the requirements for notice and an opportunity for a 
hearing under this section and issue expeditiously an order 
under this section if the Secretary decides failure to issue 
the order expeditiously will result in likely serious harm to 
life, property, or the environment. An order under this 
subsection shall provide an opportunity for a hearing as soon 
as practicable after the order is issued.
  (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. 60116. Public education programs

  [Under regulations the Secretary of Transportation 
prescribes, each owner or operator of a gas pipeline facility 
shall carry out a program to educate the public on the use of a 
one-call notification system prior to excavation, the possible 
hazards associated with gas leaks, and the importance of 
reporting gas odors and leaks to the appropriate authority. The 
Secretary may develop material suitable for use in the 
program.]

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), 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.

Sec. 60117. Administrative

  (a) General Authority.--To carry out this chapter, the 
Secretary of Transportation may conduct investigations, make 
reports, issue subpenas, conduct hearings, require the 
production of records, take depositions, and conduct research, 
testing, development, demonstration, and training activities 
and promotional activities relating to prevention of damage to 
pipeline facilities. The Secretary may not charge a tuition-
type fee for training State or local government personnel in 
the enforcement of regulations prescribed under this chapter.
  (b) Records, Reports, and Information.--(1) To enable the 
Secretary to decide whether a person owning or operating a 
pipeline facility is complying with this chapter and standards 
prescribed or orders issued under this chapter, the person 
shall--
          [(1)] (A) maintain records, make reports, and provide 
        information the Secretary requires; and
          [(2)] (B) make the records, reports, and information 
        available when the Secretary requests.
  (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.
  (4) The Secretary may require owners and operators of 
gathering lines to provide the Secretary information pertinent 
to the Secretary's ability to make a determination as to 
whether and to what extent to regulate gathering lines.
  (c) Entry and Inspection.--An officer, employee, or agent of 
the Department of Transportation designated by the Secretary, 
on display of proper credentials to the individual in charge, 
may enter premises to inspect the records and property of a 
person at a reasonable time and in a reasonable way to decide 
whether a person is complying with this chapter and standards 
prescribed or orders issued under this chapter.
  (d) Confidentiality of Information.--Information related to a 
confidential matter referred to in section 1905 of title 18 
that is obtained by the Secretary or an officer, employee, or 
agent in carrying out this section may be disclosed only to 
another officer or employee concerned with carrying out this 
chapter or in a proceeding under this chapter.
  (e) Use of Accident Reports.--
          (1) Each accident report made by an officer, 
        employee, or agent of the Department may be used in a 
        judicial proceeding resulting from the accident. The 
        officer, employee, or agent may be required to testify 
        in the proceeding about the facts developed in 
        investigating the accident. The report shall be made 
        available to the public in a way that does not identify 
        an individual.
          (2) Each report related to research and demonstration 
        projects and related activities is public information.
  (f) Testing Facilities Involved in Accidents.--The Secretary 
may require testing of a part of a pipeline facility subject to 
this chapter that has been involved in or affected by an 
accident only after--
          (1) notifying the appropriate State official in the 
        State in which the facility is located; and
          (2) attempting to negotiate a mutually acceptable 
        plan for testing with the owner of the facility and, 
        when the Secretary considers appropriate, the National 
        Transportation Safety Board.
  (g) Providing Safety Information.--On request, the Secretary 
shall provide the Federal Energy Regulatory Commission or 
appropriate State authority with information the Secretary has 
on the safety of material, operations, devices, or processes 
related to pipeline transportation or operating a pipeline 
facility.
  (h) Cooperation.--The Secretary may--
          (1) advise, assist, and cooperate with other 
        departments, agencies, and instrumentalities of the 
        United States Government, the States, and public and 
        private agencies and persons in planning and developing 
        safety standards and ways to inspect and test to decide 
        whether those standards have been complied with;
          (2) consult with and make recommendations to other 
        departments, agencies, and instrumentalities of the 
        Government, State and local governments, and public and 
        private agencies and persons to develop and encourage 
        activities, including the enactment of legislation, 
        that will assist in carrying out this chapter and 
        improve State and local pipeline safety programs; and
          (3) participate in a proceeding involving safety 
        requirements related to a liquefied natural gas 
        facility before the Commission or a State authority.
  (i) Promoting Coordination.--
          (1) After consulting with appropriate State 
        officials, the Secretary shall establish procedures to 
        promote more effective coordination between 
        departments, agencies, and instrumentalities of the 
        Government and State authorities with regulatory 
        authority over pipeline facilities about responses to a 
        pipeline accident.
          (2) In consultation with the Occupational Safety and 
        Health Administration, the Secretary shall establish 
        procedures to notify the Administration of any pipeline 
        accident in which an excavator that has caused damage 
        to a pipeline may have violated a regulation of the 
        Administration.
  (j) Withholding Information From Congress.--This section does 
not authorize information to be withheld from a committee of 
Congress authorized to have the information.
  (k) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative 
agreements, and other transactions with any person, agency, or 
instrumentality of the United States, any unit of State or 
local government, any educational institution, or any other 
entity to further the objectives of this chapter. The 
objectives of this chapter include the development, 
improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.
  (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. 60120. Enforcement

  (a) Civil Actions.--
          [(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 or a regulation 
        prescribed or order issued under this chapter. The 
        court may award appropriate relief, including punitive 
        damages.]
          (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.
          (2) At the request of the Secretary, the Attorney 
        General may bring a civil action in a district court of 
        the United States to require a person to comply 
        immediately with a subpena or to allow an officer, 
        employee, or agent authorized by the Secretary to enter 
        the premises, and inspect the records and property, of 
        the person to decide whether the person is complying 
        with this chapter. The action may be brought in the 
        judicial district in which the defendant resides, is 
        found, or does business. The court may punish a failure 
        to obey the order as a contempt of court.
  (b) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction issued under this section, the 
violation of which is also a violation of this chapter, the 
defendant may demand a jury trial. The defendant shall be tried 
as provided in rule 42(b) of the Federal Rules of Criminal 
Procedure (18 App. U.S.C.).
  (c) Effect on Tort Liability.--This chapter does not affect 
the tort liability of any person.

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)] 60117(b)(3) or 
        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] $500,000 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.] $1,000,000. 
        The preceding sentence does not apply to judicial 
        enforcement action under section 60120 or 60121.
          (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.
          (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.
  [(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.]
  (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.
  (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),] 60117(b)(3), 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--] person--
          (1) knowingly and willfully 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]
                  (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) 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)) 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.]
  (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) 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)) 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.]
  (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.
  (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)] (e) 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)] (f) 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)] (g) 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.

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 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.

                                

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