[House Report 107-605]
[From the U.S. Government Publishing Office]




107th Congress                                            Rept. 107-605
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
 PIPELINE INFRASTRUCTURE PROTECTION TO ENHANCE SECURITY AND SAFETY ACT

                                _______
                                

                 July 23, 2002.--Ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 3609]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3609) to amend title 49, United 
States Code, to enhance the security and safety of pipelines, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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

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

Sec. 1. Short title; amendment of title 49, United States Code; table 
of contents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Public education programs.
Sec. 5. State oversight role.
Sec. 6. Community right-to-know and emergency preparedness.
Sec. 7. Safety and security orders.
Sec. 8. Penalties.
Sec. 9. Population encroachment.
Sec. 10. Additional gas pipeline protections.
Sec. 11. Pipeline integrity research, development, and demonstration.
Sec. 12. Qualification of pipeline personnel.
Sec. 13. Security of pipeline facilities.
Sec. 14. National pipeline mapping system.
Sec. 15. Administrative process for permitting a pipeline repair 
activity.
Sec. 16. Pipeline security-sensitive information.
Sec. 17. Technical amendments.
Sec. 18. Authorization of appropriations.
Sec. 19. Protection of employees providing pipeline safety information.
Sec. 20. Pipeline bridge risk study.

SEC. 2. ONE-CALL NOTIFICATION PROGRAMS.

  (a) Minimum Standards.--Section 6103 is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1) by inserting ``, including all 
                government operators'' before the semicolon at the end; 
                and
                  (B) in paragraph (2) by inserting ``, including all 
                government and contract excavators'' before the 
                semicolon at the end; and
          (2) in subsection (c) by striking ``provide for'' and 
        inserting ``provide for and document''.
  (b) Compliance With Minimum Standards.--Section 6104(d) is amended by 
striking ``Within 3 years after the date of the enactment of this 
chapter, the Secretary shall begin to'' and inserting ``The Secretary 
shall''.
  (c) Implementation of Best Practices Guidelines.--
          (1) In general.--Section 6105 is amended to read as follows:

``Sec. 6105. Implementation of best practices guidelines

  ``(a) Adoption of Best Practices.--The Secretary of Transportation 
shall encourage States, operators of one-call notification programs, 
excavators (including all government and contract excavators), and 
underground facility operators to adopt and implement practices 
identified in the best practices report entitled `Common Ground', as 
periodically updated.
  ``(b) Technical Assistance.--The Secretary shall provide technical 
assistance to and participate in programs sponsored by a non-profit 
organization specifically established for the purpose of reducing 
construction-related damage to underground facilities.
  ``(c) Grants.--
          ``(1) In general.--The Secretary may make grants to a non-
        profit organization described in subsection (b).
          ``(2) Authorization of appropriations.--In addition to 
        amounts authorized under section 6107, there is authorized to 
        be appropriated for making grants under this subsection 
        $500,000 for each of fiscal years 2002 through 2005. Such sums 
        shall remain available until expended.
          ``(3) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301.''.
          (2) Conforming amendment.--The analysis for chapter 61 is 
        amended by striking the item relating to section 6105 and 
        inserting the following:

``6105. Implementation of best practices guidelines.''.

  (d) Authorization of Appropriations.--
          (1) For grants for states.--Section 6107(a) is amended by 
        striking ``$1,000,000 for fiscal year 2000'' and all that 
        follows before the period at the end of the first sentence and 
        inserting ``$1,000,000 for each of fiscal years 2002 through 
        2005''.
          (2) For administration.--Section 6107(b) is amended by 
        striking ``for fiscal years 1999, 2000, and 2001'' and 
        inserting ``for fiscal years 2002 through 2005''.

SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS.

  (a) Limitation on Preemption.--Section 60104(c) is amended by adding 
at the end the following: ``Notwithstanding the preceding sentence, a 
State authority may enforce a requirement of a one-call notification 
program of the State if the program meets the requirements for one-call 
notification programs under this chapter or chapter 61.''.
  (b) Minimum Requirements.--Section 60114(a)(2) is amended by 
inserting ``, including a government employee or contractor,'' after 
``person''.
  (c) Criminal Penalties.--Section 60123(d) is amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``knowingly and willfully'';
          (2) in paragraph (1) by inserting ``knowingly and willfully'' 
        before ``engages''; and
          (3) by striking paragraph (2)(B) and inserting the following:
                  ``(B) a pipeline facility, and knows or has reason to 
                know of the damage, but does not report the damage 
                promptly to the operator of the pipeline facility and 
                to other appropriate authorities; or''.

SEC. 4. PUBLIC EDUCATION PROGRAMS.

  (a) Security and Safety Standards.--Section 60102(b) is amended--
          (1) in the subsection heading by striking ``Practicability 
        and Safety Needs Standards'' and inserting ``Security and 
        Safety Standards'';
          (2) in paragraph (1)(B)(i)--
                  (A) by striking ``safety'' and inserting ``safety and 
                security''; and
                  (B) by striking ``safely'' and inserting ``safely and 
                securely'';
          (3) in paragraph (2)(A)--
                  (A) by striking ``and'' at the end of clause (ii);
                  (B) by adding ``and'' at the end of clause (iii); and
                  (C) by adding at the end the following:
                          ``(iv) security information;'';
          (4) in paragraph (2)--
                  (A) by striking ``and'' at the end of subparagraph 
                (F);
                  (B) by striking the period at the end of subparagraph 
                (G) and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(H) the comments and recommendations of the Office 
                of Homeland Security and the Transportation Security 
                Administration.''; and
          (5) in paragraph (3)--
                  (A) by striking ``and'' at the end of subparagraph 
                (C);
                  (B) by striking the period at the end of subparagraph 
                (D) and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(E) assess the vulnerabilities of pipeline 
                facilities to terrorist attacks.''.
  (b) Public Safety Program Requirements.--Section 60102(c) is amended 
to read as follows:
  ``(c) Public Safety Program Requirements.--
          ``(1) In general.--The Secretary shall include in the 
        standards prescribed under subsection (a) a requirement that 
        the operator of a pipeline facility participate in a public 
        safety program that--
                  ``(A) notifies an operator of proposed demolition, 
                excavation, tunneling, or construction near or 
                affecting the facility;
                  ``(B) requires an operator to identify a pipeline 
                facility that may be affected by the proposed 
                demolition, excavation, tunneling, or construction, to 
                prevent damaging the facility; and
                  ``(C) the Secretary decides will protect a facility 
                adequately against a hazard caused by demolition, 
                excavation, tunneling, or construction.
          ``(2) Comparable services.--To the extent a public safety 
        program referred to in paragraph (1) is not available, the 
        Secretary shall prescribe standards requiring an operator to 
        take action to provide services comparable to services that 
        would be available under a public safety program.
          ``(3) Promoting public safety.--
                  ``(A) Provision of map to municipalities.--The 
                operator of a hazardous liquid or interstate gas 
                pipeline facility shall provide on an annual basis to 
                the governing body of each municipality in which the 
                facility is located, a map identifying the location of 
                the facility.
                  ``(B) Survey.--The Secretary shall periodically 
                survey and assess the public education programs under 
                section 60116 and the public safety programs under this 
                subsection and determine their effectiveness and 
                applicability as components of a model program. In 
                particular, the survey shall include--
                          ``(i) the methods by which operators notify 
                        residents of the location of the facility and 
                        its right of way;
                          ``(ii) public information regarding existing 
                        One-Call programs; and
                          ``(iii) appropriate procedures to be followed 
                        by residents of affected municipalities in the 
                        event of accidents involving interstate 
                        pipeline facilities.
                  ``(C) Rulemaking.--The Secretary shall institute a 
                rulemaking to determine the most effective public 
                safety and education program components and promulgate 
                standards implementing those components on a nationwide 
                basis. Such standards shall establish appropriate 
                limitations on access to maps provided under 
                subparagraph (A) based on the need for security of the 
                information.
                  ``(D) Technical assistance.--The Secretary may 
                provide technical assistance to State and local 
                officials in applying practices developed as part of 
                the programs required under this subsection and section 
                60116 to their activities to educate and promote 
                pipeline safety with the public.''.

SEC. 5. STATE OVERSIGHT ROLE.

  (a) State Agreements With Certification.--Section 60106 is amended--
          (1) in subsection (a) by striking ``General Authority.--''  
        and inserting ``Agreements Without Certification.--'';
          (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
          (3) by inserting after subsection (a) the following:
  ``(b) Agreements With Certification.--
          ``(1) In general.--If the Secretary accepts a certification 
        under section 60105 and makes the determination required under 
        this subsection, the Secretary may make an agreement with a 
        State authority authorizing it to participate in the oversight 
        of interstate pipeline transportation. Each such agreement 
        shall include a plan for the State authority to participate in 
        special investigations involving incidents or new construction 
        and allow the State authority to participate in other 
        activities overseeing interstate pipeline transportation or to 
        assume additional inspection or investigatory duties. Nothing 
        in this section modifies section 60104(c) or authorizes the 
        Secretary to delegate the enforcement of safety standards 
        prescribed under this chapter to a State authority.
          ``(2) Determinations required.--The Secretary may not enter 
        into an agreement under this subsection, unless the Secretary 
        determines in writing that--
                  ``(A) the agreement allowing participation of the 
                State authority is consistent with the Secretary's 
                program for inspection and consistent with the safety 
                policies and provisions provided under this chapter;
                  ``(B) the interstate participation agreement would 
                not adversely affect the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                  ``(C) the State is carrying out a program 
                demonstrated to promote preparedness and risk 
                prevention activities that enable communities to live 
                safely with pipelines;
                  ``(D) the State meets the minimum standards for State 
                one-call notification set forth in chapter 61; and
                  ``(E) the actions planned under the agreement would 
                not impede interstate commerce or jeopardize public 
                safety.
          ``(3) Existing agreements.--If requested by the State 
        authority, the Secretary shall authorize a State authority 
        which had an interstate agreement in effect after January 31, 
        1999, to oversee interstate pipeline transportation pursuant to 
        the terms of that agreement until the Secretary determines that 
        the State meets the requirements of paragraph (2) and executes 
        a new agreement, or until December 31, 2003, whichever is 
        sooner. Nothing in this paragraph shall prevent the Secretary, 
        after affording the State notice, hearing, and an opportunity 
        to correct any alleged deficiencies, from terminating an 
        agreement that was in effect before enactment of the Pipeline 
        Infrastructure Protection To Enhance Security and Safety Act 
        if--
                  ``(A) the State authority fails to comply with the 
                terms of the agreement;
                  ``(B) implementation of the agreement has resulted in 
                a gap in the oversight responsibilities of intrastate 
                pipeline transportation by the State authority; or
                  ``(C) continued participation by the State authority 
                in the oversight of interstate pipeline transportation 
                has had an adverse impact on pipeline safety.''.
  (b) Ending Agreements.--Subsection (e) of section 60106 (as 
redesignated by subsection (a)(2) of this section) is amended to read 
as follows:
  ``(e) Ending Agreements.--
          ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
          ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                  ``(A) implementation of such agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                  ``(B) the State actions under the agreement have 
                failed to meet the requirements under subsection (b); 
                or
                  ``(C) continued participation by the State authority 
                in the oversight of interstate pipeline transportation 
                would not promote pipeline safety.
          ``(3) Procedural requirements.--The Secretary shall give 
        notice and an opportunity for a hearing to a State authority 
        before ending an agreement under this section. The Secretary 
        may provide a State an opportunity to correct any deficiencies 
        before ending an agreement. The finding and decision to end the 
        agreement shall be published in the Federal Register and may 
        not become effective for at least 15 days after the date of 
        publication unless the Secretary finds that continuation of an 
        agreement poses an imminent hazard.''.
  (c) Secretary's Response to State Notices of Violations.--Subsection 
(c) of section 60106 (as redesignated by subsection (a)(2) of this 
section) is amended--
          (1) by striking ``Each agreement'' and inserting the 
        following:
          ``(1) In general.--Each agreement'';
          (2) by adding at the end the following:
          ``(2) Response by secretary.--If a State authority notifies 
        the Secretary under paragraph (1) of a violation or probable 
        violation of an applicable safety standard, the Secretary, not 
        later than 60 days after the date of receipt of the 
        notification, shall--
                  ``(A) issue an order under section 60118(b) or take 
                other appropriate enforcement actions to ensure 
                compliance with this chapter; or
                  ``(B) provide the State authority with a written 
                explanation as to why the Secretary has determined not 
                to take such actions.''; and
          (3) by aligning the text of paragraph (1) (as designated by 
        this subsection) with paragraph (2) (as added by this 
        subsection).

SEC. 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.

  (a) In General.--Section 60116 is amended to read as follows:

``Sec. 60116. Community right-to-know and emergency preparedness

  ``(a) Public Education Programs.--
          ``(1) In general.--Each operator of a gas pipeline or 
        hazardous liquid pipeline facility shall carry out a continuing 
        program to educate the public on--
                  ``(A) the use of a one-call notification system prior 
                to excavation and other damage prevention activities;
                  ``(B) the possible hazards associated with unintended 
                releases from the pipeline facility;
                  ``(C) the physical indications that such a release 
                may have occurred;
                  ``(D) what steps should be taken for public safety in 
                the event of a pipeline release; and
                  ``(E) how to report such an event.
          ``(2) Review of existing programs.--Not later than 1 year 
        after the date of enactment of this paragraph, each operator of 
        a gas pipeline or hazardous liquid pipeline facility shall 
        review its existing public education program for effectiveness 
        and modify the program as necessary. The completed program 
        shall be reviewed by the Secretary of Transportation as an 
        element of Departmental inspections.
          ``(3) Standards.--The Secretary may issue standards 
        prescribing the details of a public education program and 
        providing for periodic review of the program's effectiveness 
        and modification as needed. The Secretary may also develop 
        material for use in the program.
          ``(4) Technical assistance.--The Secretary may provide 
        technical assistance on public safety and public education 
        programming regarding pipeline safety as follows:
                  ``(A) To pipeline industry.--To the pipeline 
                industry, technical assistance on--
                          ``(i) developing public safety and public 
                        education program content; and
                          ``(ii) using best practices for program 
                        delivery and on evaluating the effectiveness of 
                        the programs.
                  ``(B) To state and local officials.--To State and 
                local officials, technical assistance on applying 
                practices developed in public safety and public 
                education programs to their activities to promote 
                pipeline safety.
  ``(b) Public Availability of Reports.--The Secretary shall make 
available to the public a safety-related condition report filed by an 
operator under section 60102(h) and, except as provided in section 
60117(d)(2), a report of a pipeline incident filed by an operator under 
this chapter.
  ``(c) Emergency Preparedness.--
          ``(1) Operator liaison.--Not later than 1 year after the date 
        of enactment of this subsection, each operator of a gas 
        pipeline 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) Emergency response plans.--The Secretary shall 
        prescribe standards to require each operator of a gas pipeline 
        or hazardous liquid pipeline facility--
                  ``(A) to develop an emergency response plan for 
                responding to incidents involving the facility; and
                  ``(B) to make the plan available upon request to 
                State and local officials.
          ``(3) Cooperation with local officials.--Each operator of a 
        gas pipeline or hazardous liquid pipeline facility shall work 
        in cooperation with State and local officials in the 
        development of State and local emergency response plans for 
        responding to incidents involving the facility.
  ``(d) Emergency Response Grants.--The Secretary may establish a 
program for making grants to State, county, and local governments in 
high consequence areas, as such an area is defined by the Secretary, 
for emergency response management, training, and technical 
assistance.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is amended by 
striking the item relating to section 60116 and inserting the 
following:

``60116. Community right-to-know and emergency preparedness.''.

SEC. 7. SAFETY AND SECURITY ORDERS.

  Section 60117 is amended by adding at the end the following:
  ``(l) Safety Orders.--If the Secretary decides that a pipeline 
facility has a potentially unsafe condition, the Secretary may order 
the operator of the facility to take necessary corrective action, 
including physical inspection, testing, repair, replacement, or other 
appropriate action to remedy the unsafe condition.
  ``(m) Security Orders.--If the Secretary decides that a pipeline 
facility has a vulnerability to terrorist attacks, the Secretary may 
order that the operator of the facility take necessary actions to 
eliminate or reduce the vulnerability.''.

SEC. 8. PENALTIES.

  (a) Civil Penalties.--Section 60122(a)(1) is amended--
          (1) by striking ``$25,000'' and inserting ``$50,000''; and
          (2) by striking ``$500,000'' and inserting ``$750,000''.
  (b) Criminal Penalties.--Section 60123(b) is amended by inserting 
``as an act of terrorism or for any other purpose'' before ``shall be 
fined''.

SEC. 9. POPULATION ENCROACHMENT.

  Section 60127 is amended to read as follows:

``Sec. 60127. Population encroachment

  ``(a) Study.--The Secretary of Transportation, in consultation with 
appropriate Federal agencies and State and local governments, shall 
undertake a study of land use practices and zoning ordinances with 
regard to pipeline rights-of-way.
  ``(b) Purpose of Study.--The purpose of the study shall be to gather 
information on land use practices and zoning ordinances--
          ``(1) to determine effective practices to limit encroachment 
        on existing pipeline rights-of-way;
          ``(2) to address and prevent the hazards and risks to the 
        public and the environment associated with encroachment on 
        pipeline rights-of-way; and
          ``(3) to raise the awareness of the risks and hazards of 
        encroachment on pipeline rights-of-way.
  ``(c) Considerations.--In conducting the study, the Secretary shall 
consider, at a minimum, the following:
          ``(1) The legal authority of Federal agencies and State and 
        local governments in controlling land use and the limitations 
        on such authority.
          ``(2) The current practices of Federal agencies and State and 
        local governments in addressing land use issues involving a 
        pipeline easement.
          ``(3) The most effective way to encourage Federal agencies 
        and State and local governments to monitor and reduce 
        encroachment upon pipeline rights-of-way.
  ``(d) Report.--
          ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall publish a 
        report identifying practices, laws, and ordinances that are 
        most successful in addressing issues of encroachment on 
        pipeline rights-of-way so as to more effectively protect public 
        safety and the environment.
          ``(2) Distribution of report.--The Secretary shall provide a 
        copy of the report to--
                  ``(A) Congress and appropriate Federal agencies; and
                  ``(B) States for further distribution to appropriate 
                local authorities.
          ``(3) Adoption of practices, laws, and ordinances.--The 
        Secretary shall encourage Federal agencies and State and local 
        governments to adopt and implement appropriate practices, laws, 
        and ordinances, as identified in the report, to address the 
        risks and hazards associated with encroachment upon pipeline 
        rights-of-way.
  ``(e) Local Assistance.--
          ``(1) In general.--In conducting the study and preparing the 
        report under this section, the Secretary shall consult with a 
        group of State and local officials selected by the Secretary. 
        The Secretary shall begin consulting with the group not later 
        than 90 days after the date of enactment of this subsection.
          ``(2) Membership.--The group shall be composed of members 
        selected by the Secretary from among elected officials of State 
        and local governments representing areas in which pipeline 
        facilities are located. At least one of the members shall be an 
        elected official of a local government with a population of 
        less than 10,000.
          ``(3) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the group 
        established under this subsection.''.

SEC. 10. ADDITIONAL GAS PIPELINE PROTECTIONS.

  (a) Risk Analysis and Integrity Management Programs.--Section 60109 
is amended by adding at the end the following:
  ``(c) Risk Analysis and Integrity Management Programs.--
          ``(1) Requirement.--Each operator of a gas transmission 
        pipeline facility shall conduct an analysis of the risks to 
        each facility of the operator in an area identified pursuant to 
        subsection (a)(1) and shall adopt and implement a written 
        integrity management program for such facility to reduce the 
        risks.
          ``(2) Regulations.--Not later than 18 months after the date 
        of the enactment of this subsection, the Secretary shall issue 
        regulations prescribing standards to direct an operator's 
        conduct of a risk analysis and adoption and implementation of 
        an integrity management program under this subsection. The 
        regulations shall require the conduct of the risk analysis and 
        adoption of the integrity management program to occur within a 
        time period prescribed by the Secretary, not to exceed 1 year 
        after the issuance of such regulations. The Secretary may 
        satisfy the requirements of this paragraph through the issuance 
        of regulations under this paragraph or under other authority of 
        law.
          ``(3) Minimum requirements of integrity management 
        programs.--An integrity management program required under 
        paragraph (1) shall include, at a minimum, the following 
        requirements:
                  ``(A) A baseline integrity assessment of each of the 
                operator's facilities in areas identified pursuant to 
                subsection (a)(1), to be completed not later than 10 
                years after the date of the adoption of the integrity 
                management program, by internal inspection device, 
                pressure testing, direct assessment, or an alternative 
                method that the Secretary determines would provide an 
                equal or greater level of safety.
                  ``(B) Subject to paragraph (4), periodic reinspection 
                of the facility, at a minimum of once every 7 years, 
                using methods described in subparagraph (A).
          ``(4) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement for 
        reinspection of a facility under paragraph (3)(B) for reasons 
        that may include the need to maintain local product supply or 
        the lack of internal inspection devices if the Secretary 
        determines that such waiver is not inconsistent with pipeline 
        safety.
          ``(5) Considerations.--In developing standards under 
        paragraph (2), the Secretary shall take into consideration the 
        following:
                  ``(A) The level of safety, the characteristics of the 
                gas, the application of existing or new technology, the 
                results of technical studies by recognized experts and 
                previous assessments, historical performance of gas 
                pipelines, engineering criteria for determining the 
                severity of threats to integrity, the availability of 
                inspection equipment and analytical personnel, the 
                security and reliability of supply, and the impact on 
                gas prices to consumers.
                  ``(B) The appropriateness of the application of 
                various assessment methodologies, taking into account 
                the nature of the anomalies of specific pipeline 
                segments under investigation, including such 
                methodologies as direct assessment, hydrostatic 
                testing, in-line inspection, and other effective 
                methods.
                  ``(C) The application of a prescriptive or 
                performance-based means of compliance (or a combination 
                thereof).
                  ``(D) Incorporation of applicable national consensus 
                standards to create a consistent and effective approach 
                to risk assessment and prioritization, high consequence 
                areas, pipeline facility inspection, integrity 
                management, and repair requirements for managing 
                pipeline integrity.
                  ``(E) The effectiveness of review and oversight of an 
                operator's integrity management plan by a designated 
                pipeline safety authority.
          ``(6) Additional optional standards.--The Secretary may also 
        prescribe standards requiring an operator of a pipeline 
        facility to include in an integrity management program under 
        this subsection--
                  ``(A) changes to valves or the establishment or 
                modification of systems that monitor pressure and 
                detect leaks based on the operator's risk analysis; and
                  ``(B) the use of emergency flow restricting devices.
          ``(7) Inaction by the secretary.--Notwithstanding any failure 
        of the Secretary to prescribe standards as described in 
        paragraph (2), an operator of a pipeline facility shall conduct 
        a risk analysis and adopt and implement an integrity management 
        program under paragraph (1) not later than 30 months after the 
        date of the enactment of this subsection.
          ``(8) Review of integrity management programs.--
                  ``(A) Review of programs.--
                          ``(i) In general.--The Secretary shall review 
                        a risk analysis and integrity management 
                        program under paragraph (1) and record the 
                        results of that review for use in the next 
                        review of an operator's program.
                          ``(ii) Context of review.--The Secretary may 
                        conduct a review under clause (i) as an element 
                        of the Secretary's inspection of an operator.
                          ``(iii) Inadequate programs.--If the 
                        Secretary determines that a risk analysis or 
                        integrity management program does not comply 
                        with the requirements of this subsection or 
                        regulations issued as described in paragraph 
                        (2), or is inadequate for the safe operation of 
                        a pipeline facility, the Secretary shall act 
                        under section 60108(a)(2) to require the 
                        operator to revise the risk analysis or 
                        integrity management program.
                  ``(B) Amendments to programs.--In order to facilitate 
                reviews under this paragraph, an operator of a pipeline 
                facility shall notify the Secretary of any amendment 
                made to the operator's integrity management program not 
                later than 30 days after the date of adoption of the 
                amendment.
                  ``(C) Transmittal of programs to state authorities.--
                The Secretary shall provide a copy of each risk 
                analysis and integrity management program reviewed by 
                the Secretary under this paragraph to any appropriate 
                State authority with which the Secretary has entered 
                into an agreement under section 60106.
          ``(9) State review of integrity management plans.--A State 
        authority that enters into an agreement pursuant to section 
        60106, permitting the State authority to review the risk 
        analysis and integrity management program pursuant to paragraph 
        (8), may provide the Secretary with a written assessment of the 
        risk analysis and integrity management program, make 
        recommendations, as appropriate, to address safety concerns not 
        adequately addressed by the operator's risk analysis or 
        integrity management program, and submit documentation 
        explaining the State-proposed revisions. The Secretary shall 
        consider carefully the State's proposals and work in 
        consultation with the States and operators to address safety 
        concerns.
          ``(10) Application of standards.--Section 60104(b) shall not 
        apply to this section.''.
  (b) Integrity Management Regulations.--Section 60109 is further 
amended by adding at the end the following:
  ``(d) Evaluation of Integrity Management Regulations.--Not later than 
5 years after the date of enactment of this subsection, the Secretary 
shall complete an assessment and evaluation of the effects on public 
safety and the environment of the requirements for the implementation 
of integrity management programs contained in the standards prescribed 
as described in subsection (c)(2).''.
  (c) Conforming Amendment.--Section 60118(a) is amended--
          (1) by striking ``and'' at the end of paragraph (2);
          (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) conduct a risk analysis, and adopt and implement an 
        integrity management program, for pipeline facilities as 
        required under section 60109(c).''.
  (d) Study of Performance-Based Waivers for Reinspection Intervals.--
          (1) Study.--The Secretary of Transportation shall conduct a 
        study to determine the feasibility of extending the 7-year 
        reinspection interval required by section 60109(c)(3)(B) of 
        title 49, United States Code, on a case-by-case basis, as an 
        incentive for pipeline operators whose intregity management 
        plans exceed the minimum requirements for inspections and 
        repairs under section 60109(c) of such title and provide a 
        greater level of safety than such requirements.
          (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study conducted, together with 
        such recommendations as the Secretary may have regarding 
        extension of the reinspection interval.

SEC. 11. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

  (a) Establishment of Cooperative Program.--
          (1) In general.--The heads of the participating agencies 
        shall develop and implement a program of research, development, 
        demonstration, and standardization to ensure the integrity of 
        energy pipelines and next-generation pipelines.
          (2) Elements.--The program shall include research, 
        development, demonstration, and standardization activities 
        related to--
                  (A) materials inspection;
                  (B) stress and fracture analysis, detection of 
                cracks, corrosion, abrasion, and other abnormalities 
                inside pipelines that lead to pipeline failure, and 
                development of new equipment or technologies that are 
                inserted into pipelines to detect anomalies;
                  (C) internal inspection and leak detection 
                technologies, including detection of leaks at very low 
                volumes;
                  (D) methods of analyzing content of pipeline 
                throughput;
                  (E) pipeline security, including improving the real-
                time surveillance of pipeline rights-of-way, developing 
                tools for evaluating and enhancing pipeline security 
                and infrastructure, reducing natural, technological, 
                and terrorist threats, and protecting first response 
                units and persons near an incident;
                  (F) risk assessment methodology, including 
                vulnerability assessment and reduction of third-party 
                damage;
                  (G) communication, control, and information systems 
                surety;
                  (H) fire safety of pipelines;
                  (I) improved excavation, construction, and repair 
                technologies; and
                  (J) other elements the heads of the participating 
                agencies consider appropriate.
          (3) Activities and capabilities report.--Not later than 6 
        months after the date of enactment of this Act, the 
        participating agencies shall transmit to Congress a report on 
        the existing activities and capabilities of the participating 
        agencies, including the national laboratories. The report shall 
        include the results of a survey by the participating agencies 
        of any activities of other Federal agencies that are relevant 
        to or could supplement existing research, development, 
        demonstration, and standardization activities under the program 
        created under this section.
  (b) Program Plan.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the participating agencies shall prepare 
        and transmit to Congress a 5-year program plan to guide 
        activities under this section. Such program plan shall be 
        submitted to the Pipeline Integrity Technical Advisory 
        Committee established under subsection (c) for review, and the 
        report to Congress shall include the comments of the Advisory 
        Committee. The 5-year program plan shall take into account 
        related activities of Federal agencies that are not 
        participating agencies.
          (2) Consultation.--In preparing the program plan, the 
        participating agencies shall seek the advice of other Federal 
        agencies, appropriate representatives of State and local 
        government and the private sector, including companies owning 
        energy pipelines and developers of next-generation pipelines, 
        utilities, manufacturers, institutions of higher learning, 
        pipeline research institutions, national laboratories, 
        environmental organizations, pipeline safety advocates, 
        professional and technical societies, and any other appropriate 
        entities to help establish program priorities.
  (c) Pipeline Integrity Technical Advisory Committee.--
          (1) Establishment.--The participating agencies shall 
        establish and manage a Pipeline Integrity Technical Advisory 
        Committee (in this subsection referred to as the ``Advisory 
        Committee''). The Advisory Committee shall be established not 
        later than 6 months after the date of enactment of this Act.
          (2) Duties.--The Advisory Committee shall--
                  (A) advise the participating agencies on the 
                development and implementation of the program plan 
                prepared under subsection (b); and
                  (B) have a continuing role in evaluating the progress 
                and results of research, development, demonstration, 
                and standardization activities carried out under this 
                section.
          (3) Membership.--
                  (A) Appointment.--The Advisory Committee shall be 
                composed of--
                          (i) 3 members appointed by the Secretary of 
                        Energy;
                          (ii) 3 members appointed by the Secretary of 
                        Transportation; and
                          (iii) 3 members appointed by the Director of 
                        the National Institute of Standards and 
                        Technology.
                In making appointments, the participating agencies 
                shall seek recommendations from the National Academy of 
                Sciences.
                  (B) Qualifications.--Members appointed to the 
                Advisory Committee shall have experience or be 
                technically qualified, by training or knowledge, in the 
                operations of the pipeline industry, and have 
                experience in the research and development of pipeline 
                or related technologies.
                  (C) Compensation.--The members of the Advisory 
                Committee shall serve without compensation, but shall 
                receive travel expenses, including per diem in lieu of 
                subsistence, in accordance with sections 5702 and 5703 
                of title 5, United States Code.
          (4) Meetings.--The Advisory Committee shall meet at least 4 
        times each year.
          (5) Termination.--The Advisory Committee shall terminate 5 
        years after its establishment.
  (d) Reports to Congress.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the participating 
agencies shall each transmit to Congress a report on the status and 
results to date of the implementation of their portion of the program 
plan prepared under subsection (b).
  (e) Memorandum of Understanding.--Not later than 120 days after the 
date of enactment of this Act, the participating agencies shall enter 
into a memorandum of understanding detailing their respective 
responsibilities under this section, consistent with the activities and 
capabilities identified under subsection (a)(3). Each of the 
participating agencies shall have the primary responsibility for 
ensuring that the elements of the program plan within its jurisdiction 
are implemented in accordance with this section. The Department of 
Transportation's responsibilities shall reflect its expertise in 
pipeline inspection and information systems surety. The Department of 
Energy's responsibilities shall reflect its expertise in low-volume 
leak detection and surveillance technologies. The National Institute of 
Standards and Technology's responsibilities shall reflect its expertise 
in standards and materials research.
  (f) Definitions.--In this section, the following definitions apply:
          (1) Energy pipeline.--The term ``energy pipeline'' means a 
        pipeline system used in the transmission or local distribution 
        of natural gas (including liquefied natural gas), crude oil, or 
        refined petroleum products.
          (2) Next-generation pipeline.--The term ``next-generation 
        pipeline'' means a transmission or local distribution pipeline 
        system designed to transmit energy or energy-related products, 
        in liquid or gaseous form, other than energy pipelines.
          (3) Participating agencies.--The term ``participating 
        agencies'' means the Department of Energy, the Department of 
        Transportation, and the National Institute of Standards and 
        Technology.
          (4) Pipeline.--The term ``pipeline'' means an energy pipeline 
        or a next-generation pipeline.
  (g) Authorization of Appropriations.--There are authorized to be 
appropriated--
          (1) to the Secretary of Energy $10,000,000;
          (2) to the Secretary of Transportation $5,000,000; and
          (3) to the National Institute of Standards and Technology 
        $5,000,000,
for each of the fiscal years 2003 through 2007 for carrying out this 
section.

SEC. 12. QUALIFICATION OF PIPELINE PERSONNEL.

  (a) Qualification Programs.--
          (1) In general.--Chapter 601 is further amended by adding at 
        the end the following:

``Sec. 60129. Qualification of pipeline personnel

  ``(a) Qualification Program.--Not later than one year after the date 
of enactment of this section, each operator of a gas pipeline or 
hazardous liquid pipeline facility shall adopt and implement a written 
qualification program that ensures that all individuals performing 
covered tasks for the facility are qualified to perform such tasks.
  ``(b) Elements of Qualification Programs.--A qualification program 
adopted by an operator under subsection (a) shall include, at a 
minimum, the following elements:
          ``(1) A method for examining or testing the qualifications of 
        individuals performing covered tasks for the facility. Such 
        method may not be limited to observation of on-the-job 
        performance unless such observation includes a written 
        performance evaluation.
          ``(2) A requirement that the operator complete the 
        qualification of all individuals performing covered tasks for 
        the facility not later than 18 months after the date of 
        adoption of the program.
          ``(3) A periodic requalification component that provides for 
        examination or testing of individuals in accordance with 
        paragraph (1).
  ``(c) Review of Qualification Programs.--
          ``(1) Review of programs.--
                  ``(A) In general.--The Secretary or a State authority 
                responsible for enforcing standards prescribed under 
                this chapter shall review the qualification program of 
                an operator and record the results of that review for 
                use in the next review of an operator's program.
                  ``(B) Context of review.--The Secretary or State 
                authority may conduct a review under subparagraph (A) 
                as an element of its inspection of an operator.
                  ``(C) Inadequate programs.--If the Secretary or a 
                State authority determines that a qualification program 
                is inadequate for the safe operation of a pipeline 
                facility, the Secretary or State authority shall act 
                under section 60108(a)(2) to require the operator to 
                revise the qualification program.
          ``(2) Amendments to programs.--In order to facilitate reviews 
        under this subsection, an operator shall notify the Secretary 
        or State authority, as appropriate, of any amendment made to 
        the operator's qualification program not later than 30 days 
        after the date of adoption of the amendment.
          ``(3) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement of 
        this section.
  ``(d) Covered Task Defined.--In this section, the term `covered 
task'--
          ``(1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 192.801 of title 49, Code 
        of Federal Regulations, as in effect on the date of enactment 
        of this section; and
          ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, as in effect on the date of enactment of this 
        section.''.
          (2) Conforming amendment.--The analysis for chapter 601 is 
        further amended by adding at the end the following:

``60129. Qualification of pipeline personnel.''.

  (b) Pilot Program for Certification of Certain Pipeline Workers.--
          (1) In general.--Not later than 36 months after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                  (A) develop tests and other requirements for 
                certifying the qualifications of individuals who 
                operate computer-based supervisory control and data 
                acquisition (referred to in this subsection as 
                ``SCADA'') systems for controlling the operations of 
                pipelines; and
                  (B) establish and carry out a pilot program for 3 
                pipeline facilities under which the individuals 
                operating SCADA systems for controlling the operations 
                of pipelines at such facilities are required to be 
                certified under the process established under 
                subparagraph (A).
          (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the pilot program. The report shall 
        include--
                  (A) a description of the pilot program and 
                implementation of the pilot program at each of the 3 
                pipeline facilities;
                  (B) an evaluation of the pilot program, including the 
                effectiveness of the process for certifying individuals 
                who operate SCADA systems for controlling the 
                operations of pipelines;
                  (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate SCADA systems for controlling the operations of 
                pipelines; and
                  (D) an assessment of the ramifications of requiring 
                the certification of other individuals performing 
                safety-sensitive functions for a pipeline facility.
          (3) Report on operator qualification rule implementation.--
        Not later than 2 years after the date of the enactment of this 
        section, the Secretary shall transmit to Congress a report on 
        the implementation of the operator qualification rule issued by 
        the Secretary in August 1999.

SEC. 13. SECURITY OF PIPELINE FACILITIES.

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

``Sec. 60130. Security of pipeline facilities

  ``(a) Terrorism Security Programs.--
          ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary of Transportation shall require the 
        operator of a pipeline facility to develop and implement a 
        terrorism security program.
          ``(2) Contents of programs.--
                  ``(A) In general.--A terrorism security program of a 
                pipeline operator shall consist of written procedures 
                to follow and actions to take in the event of a 
                terrorist attack on a pipeline facility or an attack on 
                other infrastructure facilities in the United States. 
                Such procedures shall include procedures for 
                communicating with military, law enforcement, emergency 
                service, and other appropriate State and local 
                government and non-government entities.
                  ``(B) Standard.--A terrorism security program of a 
                pipeline operator shall require the operator to 
                establish and implement reasonable procedures to 
                safeguard the pipeline facility and safely maintain its 
                operations.
          ``(3) Approval of programs.--Not later than 1 year after the 
        date of enactment of this section, the Secretary shall conduct 
        a review of, and approve or disapprove, the terrorism security 
        program of each pipeline operator. The Secretary shall 
        prescribe procedures for the review and standards for the 
        approval of such programs.
  ``(b) Technical Assistance.--The Secretary may provide technical 
assistance to an operator of a pipeline facility, or to State, tribal, 
or local officials, to prevent or respond to acts of terrorism that may 
affect the pipeline facility. Such technical assistance may include at 
a minimum--
          ``(1) actions by the Secretary that support the use of 
        National Guard or State or Federal personnel to provide 
        additional security for a pipeline facility at risk of 
        terrorist attack or in response to such an attack;
          ``(2) use of resources available to the Secretary to develop 
        and implement security measures for a pipeline facility;
          ``(3) identification of security issues with respect to the 
        operation of a pipeline facility; and
          ``(4) the provision of information and guidance on security 
        practices that prevent damage to pipeline facilities from 
        terrorist attacks.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is further 
amended by adding at the end the following:

``60130. Security of pipeline facilities.''.

SEC. 14. NATIONAL PIPELINE MAPPING SYSTEM.

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

``Sec. 60131. National pipeline mapping system

  ``(a) Information To Be Provided.--Not later than 30 days after the 
date of enactment of this section, the operator of a pipeline facility 
shall provide to the Secretary of Transportation the following 
information with respect to the facility:
          ``(1) Geospatial data appropriate for use in the National 
        Pipeline Mapping System or data in a format that can be readily 
        converted to geospatial data.
          ``(2) The name and address of the person with primary 
        operational control to be identified as its operator for 
        purposes of this chapter.
          ``(3) A means for a member of the public to contact the 
        operator for additional information about the pipeline 
        facilities it operates.
  ``(b) Updates.--A person providing information under subsection (a) 
shall provide to the Secretary periodic updates of the information to 
reflect changes in the pipeline facility owned or operated by the 
person and as otherwise required by the Secretary.
  ``(c) Technical Assistance To Improve Local Response Capabilities.--
The Secretary may provide technical assistance to State and local 
officials to improve local response capabilities for pipeline 
emergencies by adapting information available through the National 
Pipeline Mapping System to software used by emergency response 
personnel responding to pipeline emergencies.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is further 
amended by adding at the end the following:

``60131. National pipeline mapping system.''.

SEC. 15. ADMINISTRATIVE PROCESS FOR PERMITTING OF PIPELINE REPAIR 
                    ACTIVITY.

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

``Sec. 60132. Administrative process for permitting of pipeline repair 
                    activity

  ``(a) Interagency Committee.--
          ``(1) Establishment.--Within 30 days after the date of 
        enactment of the Pipeline Infrastructure Protection to Enhance 
        Security and Safety Act, the President shall establish an 
        Interagency Committee on Pipeline Repair Permitting (in this 
        section referred to as the `Interagency Committee').
          ``(2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) shall 
        chair the Interagency Committee, which shall also include each 
        of the following persons (or a designee thereof):
                  ``(A) The Secretary.
                  ``(B) The Administrator of the Environmental 
                Protection Agency.
                  ``(C) The Director of the United States Fish and 
                Wildlife Service.
                  ``(D) The Assistant Administrator for Fisheries of 
                the National Oceanic and Atmospheric Administration.
                  ``(E) The Director of the Bureau of Land Management.
                  ``(F) The Director of the Minerals Management 
                Service.
                  ``(G) The Assistant Secretary of the Army for Civil 
                Works.
                  ``(H) The Chairman of the Federal Energy Regulatory 
                Commission.
          ``(3) Purposes.--The Interagency Committee shall evaluate 
        current Federal permitting requirements to which access, 
        excavation, and restoration activities in connection with 
        pipeline repairs may be subject and shall recommend to the 
        Secretary a process by which owners or operators of pipelines 
        (in this section referred to as `pipeline operators') may 
        commence and complete all such activities necessary to carry 
        out pipeline repairs that must be completed within time periods 
        specified by rule by the Secretary under the integrity 
        management program. As part of its evaluation, the Interagency 
        Committee shall examine access, excavation, and restoration 
        activities currently used in the pipeline industry in 
        connection with pipeline repairs and shall develop a compendium 
        of best practices used by the industry to access, excavate, and 
        restore the site of a pipeline repair.
          ``(4) State and local consultation.--In carrying out this 
        subsection, the Interagency Committee shall consult with 
        appropriate State and local environmental, pipeline safety, and 
        emergency response officials and such other officials as the 
        Interagency Committee deems appropriate.
  ``(b) Implementation.--
          ``(1) Proposed rule.--Within 180 days after the date of 
        enactment of the Pipeline Infrastructure Protection to Enhance 
        Security and Safety Act, the Interagency Committee shall 
        present its evaluation and recommendations to the Secretary. 
        Within 30 days after the date on which such evaluation and 
        recommendations are presented, the Secretary shall propose a 
        rule, based on and consistent with such recommendations, to 
        establish a process by which pipeline operators may commence 
        and complete all access, excavation, and restoration activities 
        necessary to carry out pipeline repairs that must be completed 
        within time periods specified by rule by the Secretary under 
        the integrity management program. Such proposed rule shall 
        contain the provisions required by paragraph (2) and shall 
        incorporate, to the extent practicable and cost effective, the 
        compendium of best practices developed by the Interagency 
        Committee.
          ``(2) Final rule.--
                  ``(A) Issuance.--The Secretary shall issue a final 
                rule not later than 180 days after the date on which 
                the Interagency Committee presents its evaluation and 
                recommendations to the Secretary.
                  ``(B) Content.--The final rule shall--
                          ``(i) provide that a pipeline operator 
                        carrying out a pipeline repair project as part 
                        of its pipeline integrity management program 
                        may proceed with the project only if the 
                        operator provides notice to the Secretary that 
                        the operator is proceeding with the repairs in 
                        compliance with the applicable best practices 
                        incorporated in such final rule and the 
                        Secretary concurs;
                          ``(ii) provide that if the Secretary 
                        disapproves of the operator proceeding with the 
                        repairs as described in the operator's notice, 
                        the Secretary shall provide notice to the 
                        operator of the disapproval in the 7-day period 
                        beginning on the date of receipt by the 
                        Secretary of the operator's notice, together 
                        with a description of the actions that the 
                        operator must take to receive the Secretary's 
                        concurrence;
                          ``(iii) provide that if the Secretary does 
                        not provide notice to an operator of the 
                        Secretary's disapproval of the operator 
                        proceeding with the repairs as described in the 
                        operator's notice in the 7-day period described 
                        in clause (ii), the Secretary shall be deemed 
                        to concur;
                          ``(iv) provide that if the Secretary 
                        disapproves of the operator proceeding with the 
                        repairs as described in the operator's notice, 
                        the Secretary shall provide the operator with 
                        an opportunity to resubmit a notice for the 
                        pipeline repair project under clause (i); and
                          ``(v) require a certification to the 
                        Secretary following completion of the repair 
                        project that the project was completed in 
                        compliance with all such best practices.
                  ``(C) Effective date.--The final rule shall be made 
                effective no later than 90 days after it is published 
                in the Federal Register.
  ``(c) Relationship to Other Permits.--
          ``(1) Other federal permits.--A pipeline operator that 
        proceeds to carry out a pipeline repair project under the 
        provisions of the final rule described in subsection (b) shall 
        not be required to obtain a permit from any other Federal 
        agency before carrying out such repair project, except as may 
        be provided in such final rule.
          ``(2) Savings provisions; no preemption.--Nothing in this 
        section shall be construed in connection with a particular 
        repair situation--
                  ``(A) to require a pipeline operator to comply with 
                the final rule described in subsection (b) if no 
                Federal permit would otherwise have been required under 
                Federal law;
                  ``(B) to prohibit a pipeline operator from opting to 
                obtain all permits otherwise necessary under Federal 
                law rather than proceeding under the final rule 
                described in subsection (b); or
                  ``(C) to preempt otherwise applicable State and local 
                permitting requirements.
  ``(d) Repair Projects not Comporting With Best Practices.--
          ``(1) Preparation of site management plan.--In the case of 
        any pipeline repair that must be completed within time periods 
        specified by rule by the Secretary under the integrity 
        management program, but for which repair activities may not 
        proceed under subsection (b) because the repair is not able to 
        comport with the requirements of the final rule issued 
        thereunder or for any other reason, or any repair project on 
        which work has been commenced but which the pipeline operator 
        thereafter discovers cannot comport with such requirements, the 
        pipeline operator shall prepare a specific site management plan 
        for the proposed access, excavation, and restoration 
        activities.
          ``(2) Submission of plan to permitting agencies.--Such plan 
        shall be submitted to all applicable permitting agencies for 
        review and approval, and to the Secretary. In the event an 
        agency has not approved a permit application within 60 days 
        after its submission, or has not issued a denial of such 
        application within 60 days together with a specification of 
        items in the application requiring correction, the pipeline 
        operator shall be permitted to proceed with the proposed repair 
        activities as provided in its site management plan.
          ``(3) Failure to adhere to plan.--If the pipeline operator 
        fails to adhere to its site management plan and such failure 
        results in damage to human health, public safety, or the 
        environment, the owner or operator shall be subject to such 
        civil and criminal remedies and penalties as are otherwise 
        provided by Federal, State, and local law.
  ``(e) Interim Operational Alternatives.--
          ``(1) In general.--Within 30 days after the date of enactment 
        of the Pipeline Infrastructure Protection to Enhance Security 
        and Safety Act, the Secretary shall commence a rulemaking to 
        permit pressure reduction, line monitoring, and other 
        mitigation measures to be employed, as appropriate, during the 
        period between such date of enactment and the date on which the 
        final rule issued under subsection (b) becomes effective, on 
        pipeline facilities subject to time periods for repair 
        specified by rule by the Secretary under the integrity 
        management program. Such alternative mitigation measures shall 
        be available only to a pipeline operator that, with respect to 
        a particular repair project, has applied for and is pursuing in 
        good faith all required Federal, State, and local permits to 
        carry out the project.
          ``(2) Factors to consider.--In issuing the final rule under 
        this subsection, the Secretary shall consider the need to 
        protect human health, public safety, and the environment, to 
        ensure continuity in energy supplies, and to avoid conflict 
        between and among regulatory regimes.
          ``(3) Deadline for issuance.--The Secretary shall issue a 
        final rule under this subsection within 90 days after the date 
        on which a notice of proposed rulemaking is published in the 
        Federal Register.
  ``(f) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving disagreements 
between the permitting agency and the pipeline operator during agency 
review of any pipeline repair activity, or during the review of any 
permit application under subsection (d), consistent with protection of 
human health, public safety, and the environment.
  ``(g) State and Local Permitting Processes.--The Secretary shall 
encourage States and local governments to streamline their respective 
permitting processes for pipeline repair projects subject to time 
periods for repair specified by rule by the Secretary under pipeline 
integrity management programs. The Secretary may request other relevant 
Federal agencies to provide technical assistance to States and local 
governments for the purpose of encouraging such streamlining.
  ``(h) Purpose and Need.--For any environmental review, analysis, 
opinion, permit, license, or approval issued or made under this 
section, the relevant Federal or State agency shall be bound by the 
project purpose and need as defined by the Secretary.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is further 
amended by adding at the end the following:

``60132. Administrative process for permitting of pipeline repair 
activity.''.

SEC. 16. PIPELINE SECURITY-SENSITIVE INFORMATION.

  Section 60117(d) is amended--
          (1) by striking ``Information'' and inserting the following:
          ``(1) In general.--Information'';
          (2) by moving the remainder of the text of paragraph (1) (as 
        so designated) 2 ems to the right; and
          (3) adding at the end the following:
          ``(2) Information revealing vulnerabilities.--
                  ``(A) In general.--If the Secretary determines that 
                particular information obtained by the Secretary or an 
                officer, employee, or agent in carrying out this 
                chapter may reveal a systemic vulnerability of a 
                pipeline system, or a vulnerability of pipeline 
                facilities to attack, the information shall be withheld 
                from public disclosure.
                  ``(B) Disclosure to certain persons.--Information 
                withheld from public disclosure under subparagraph (A) 
                may be disclosed only--
                          ``(i) to an officer, employee, or agent of a 
                        Federal, State, tribal, or local government, 
                        including a volunteer fire department, 
                        concerned with carrying out this chapter, with 
                        protecting the facilities, with protecting 
                        public safety, or with national security 
                        issues;
                          ``(ii) in an administrative or judicial 
                        proceeding brought under this chapter or one 
                        that addresses terrorist actions or threats of 
                        such actions; and
                          ``(iii) to such other persons as the 
                        Secretary determines necessary to protect 
                        public safety and security.
                  ``(C) Disclosure determinations.--The Secretary, by 
                regulation, may make a determination regarding 
                disclosure under subparagraph (A) with respect to a 
                category of information or a class of persons.
                  ``(D) Relationship to title 5.--A release of 
                information withheld from public disclosure under 
                subparagraph (A) to persons identified in subparagraph 
                (B) is not a release to the public within the meaning 
                of section 552 of title 5.''.

SEC. 17. TECHNICAL AMENDMENTS.

  Chapter 601 is amended--
          (1) in section 60102(a)--
                  (A) by striking ``(a)(1)'' and all that follows 
                through ``The Secretary of Transportation'' and 
                inserting the following:
  ``(a) Minimum Safety Standards.--
          ``(1) In general.--The Secretary of Transportation'';
                  (B) by moving the remainder of the text of paragraph 
                (1), including subparagraphs (A) and (B) but excluding 
                subparagraph (C), 2 ems to the right; and
                  (C) in paragraph (2) by inserting ``Qualifications of 
                pipeline operators.--'' before ``The qualifications'';
          (2) in section 60110(b) by striking ``circumstances'' and all 
        that follows through ``operator'' and inserting the following: 
        ``circumstances, if any, under which an operator'';
          (3) in section 60114 by redesignating subsection (d) as 
        subsection (c);
          (4) in section 60122(a) by striking ``section 60114(c)'' and 
        inserting ``section 60114(b)''; and
          (5) in section 60123(a) by striking ``60114(c)'' and 
        inserting ``60114(b)''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

  (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read as 
follows:
  ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for sections 60107 and 60130) related to gas and hazardous liquid, the 
following amounts are authorized to be appropriated to the Department 
of Transportation:
          ``(1) $35,500,000 for fiscal year 2002, of which $29,500,000 
        is to be derived from user fees for fiscal year 2002 collected 
        under section 60301 of this title.
          ``(2) $37,900,000 for fiscal year 2003, of which $31,900,000 
        is to be derived from user fees for fiscal year 2003 collected 
        under section 60301 of this title.
          ``(3) $41,700,000 for fiscal year 2004, of which $35,700,000 
        is to be derived from user fees for fiscal year 2004 collected 
        under section 60301 of this title.
          ``(4) $47,100,000 for fiscal year 2005, of which $41,100,000 
        is to be derived from user fees for fiscal year 2005 collected 
        under section 60301 of this title.''.
  (b) State Grants.--Section 60125 is amended--
          (1) by striking subsections (b), (d), and (f) and 
        redesignating subsections (c) and (e) as subsections (b) and 
        (d), respectively; and
          (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
          ``(A) $18,500,000 for fiscal year 2002, of which $13,500,000 
        is to be derived from user fees for fiscal year 2002 collected 
        under section 60301 of this title.
          ``(B) $19,800,000 for fiscal year 2003, of which $14,800,000 
        is to be derived from user fees for fiscal year 2003 collected 
        under section 60301 of this title.
          ``(C) $21,700,000 for fiscal year 2004, of which $16,700,000 
        is to be derived from user fees for fiscal year 2004 collected 
        under section 60301 of this title.
          ``(D) $24,600,000 for fiscal year 2005, of which $19,600,000 
        is to be derived from user fees for fiscal year 2005 collected 
        under section 60301 of this title.''.
  (c) Research.--Section 60125 is amended by inserting after subsection 
(b) (as redesignated by subsection (b)(1) of this section) the 
following:
  ``(c) Pipeline Integrity Research, Development, and Demonstration.--
In addition to amounts authorized under subsections (a) and (b), not 
more than $3,000,000 for each of fiscal years 2002 through 2005 may be 
appropriated to the Secretary to carry out section 60130.''.
  (d) Conforming Amendment.--Section 60125(d) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.
  (e) Emergency Response Grants.--Section 60125 is amended by adding 
after subsection (d) (as redesignated by subsection (b)(1) of this 
section) the following:
  ``(e) Emergency Response Grants.--There are authorized to be 
appropriated $6,000,000 for each of fiscal years 2002, 2003, and 2004 
to carry out subsection (d) of section 60116.''.

SEC. 19. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

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

``Sec. 60133. Protection of employees providing pipeline safety 
                    information

  ``(a) Discrimination Against Pipeline Employees.--No pipeline 
operator, or contractor or subcontractor of a pipeline operator, 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) refused to engage in any practice made unlawful by this 
        chapter or any other Federal law relating to pipeline safety, 
        if the employee has identified the alleged illegality to the 
        employer;
          ``(3) 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;
          ``(4) testified or is about to testify in such a proceeding; 
        or
          ``(5) 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 file (or have 
        any person file on his or her behalf), not later than 90 days 
        after the date on which such violation occurs, 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 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 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 (5) 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 
                        (5) 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, 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 determines that a 
                violation of subsection (a) has occurred, the Secretary 
                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, 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, by 
                the complainant for, or in connection with, the 
                bringing the complaint upon which the order was issued.
                  ``(C) Frivolous complaints.--If the Secretary finds 
                that a complaint under paragraph (1) 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.
          ``(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. 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 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 
        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.
  ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of a pipeline operator, 
contractor, or subcontractor who, acting without direction from the 
pipeline operator, 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 operator.''.
  (b) Civil Penalty.--Section 60122(a) is amended by adding at the end 
the following:
  ``(3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of not more 
than $1,000 for each violation. The penalties provided by paragraph (1) 
do not apply to a violation of section 60129 or an order issued 
thereunder.''.
  (c) Conforming Amendment.--The analysis for chapter 601 is further 
amended by adding at the end the following:

``60133. Protection of employees providing pipeline safety 
information.''.

SEC. 20. PIPELINE BRIDGE RISK STUDY.

  (a) Initiation.--Within 90 days after the date of enactment of this 
Act, the Secretary of Transportation shall initiate a study to 
determine whether cable-suspension pipeline bridges pose structural or 
other risks warranting particularized attention in connection with 
pipeline operators risk assessment programs and whether particularized 
inspection standards need to be developed by the Department of 
Transportation to recognize the peculiar risks posed by such bridges.
  (b) Public Participation and Comments.--In conducting the study, the 
Secretary shall provide, to the maximum extent practicable, for public 
participation and comment and shall solicit views and comments from the 
public and interested persons, including participants in the pipeline 
industry with knowledge and experience in inspection of pipeline 
facilities.
  (c) Completion and Report.--Within 1 year after the date of enactment 
of this Act, the Secretary shall complete the study and transmit to 
Congress a report detailing the results of the study.

                       Purpose of the Legislation

    The Pipeline Infrastructure Protection to Enhance Security 
and Safety Act, H.R. 3609, reauthorizes the Office of Pipeline 
Safety within the Department of Transportation for fiscal years 
2002 through 2005. The Office's authorization expires September 
30, 2002.

                Background and Need for the Legislation

    H.R. 3609 amends Federal ``one-call notification system'' 
provisions concerning notification to underground facility 
operators of excavations to: (1) require participation by 
government operators; and (2) encourage the adoption of the 
``Common Ground'' report. The bill also provides improvements 
in public education programs concerning pipeline safety issues 
under the jurisdiction of the Office of Pipeline Safety (OPS) 
with in the Department of Transportation (DOT).
    The bill also provides the Secretary of Transportation and 
OPS guidelines through which States act as agents for the OPS 
in the regulatory interstate pipelines. The bill provides 
authority and guidance under which the Secretary of 
Transportation may provide information to local communities 
concerning pipeline safety. The bill additionally improves the 
emergency preparedness of the local communities.
    The bill also requires the Secretary of Transportation: 
when assessing the security and safety of pipeline facilities; 
(1) to assess the vulnerabilities of such facilities to 
terrorist attacks; (2) to include in such standards a 
requirement that pipeline facility operators participate in a 
public safety program when prescribing minimum safety standards 
for pipeline transportation and for pipeline facilities; and 
(3) to establish pipeline public education and safety 
standards.
    The bill amends the penalties the Secretary of 
Transportation may seek against violators of pipeline safety 
regulations and laws by increasing the daily and total dollar 
amounts. The bill also directs the Secretary of Transportation 
to conduct a study concerning population encroachment issues 
and how they affect pipeline safety.
    The bill requires the Secretary of Transportation to 
promulgate a rule regarding Integrity Management Programs for 
operators of pipelines that include required time periods for 
inspections.
    It directs the Secretary of Transportation, in coordination 
with the Secretary of Energy, to develop and implement a 
cooperative program of research, development, and demonstration 
to ensure the integrity of pipeline facilities. The bill 
requires the establishment of a Pipeline Integrity Technical 
Advisory Committee to develop a cooperative pipeline facility 
integrity program. The bill also establishes a pipeline 
controller certification qualification program. It additionally 
imposes new security requirements for pipeline facilities.
    Under the bill, a pipeline facility operator is required 
to: (1) provide geospatial data appropriate for use in the 
National Pipeline Mapping System; (2) identify the person with 
primary operational control; (3) develop and implement 
terrorism security programs; and (4) take necessary corrective 
actions with a condition deemed potentially unsafe.
    The bill provides for a coordinated environmental review 
process for pipeline repairs so that an operator may make 
repairs within the time periods required by current OPS 
regulations while obtaining, or otherwise complying with, the 
applicable environmental regulations or protections in current 
law.
    The bill also permits withholding from the public certain 
pipeline information that may reveal the systemic vulnerability 
of a pipeline to attack. It additionally provides whistleblower 
protections to pipeline employees. It further requires OPS to 
conduct a study of the safety of suspension bridge pipelines.
    H.R. 3609 reauthorizes the Office of Pipeline Safety within 
the Department of Transportation for fiscal years 2002 through 
2005. The Office's authorization expires September 30, 2002.
    The Department of Transportation's Research and Special 
Programs Administration, acting through the Office of Pipeline 
Safety (OPS), administers the Department's national regulatory 
program to assure the safe transportation of natural gas, 
petroleum, and other hazardous materials by pipeline. OPS 
develops regulations and other approaches to risk management to 
assure safety in design, construction, testing, operation, 
maintenance, and emergency response of pipeline facilities. 
Since 1986, a user fee assessed on a per-mile basis on each 
pipeline operator OPS regulates has funded the entire pipeline 
safety program.
    OPS safety jurisdiction over pipelines covers more than 
3,000 gathering, transmission, and distribution operators as 
well as some 52,000 master meter and liquefied natural gas 
(LNG) operators who own and/or operate approximately 1.6 
million miles of gas pipelines, in addition to over 200 
operators and an estimated 155,000 miles of hazardous liquid 
pipelines. OPS currently has approximately 70 employees: half 
work at Headquarters in Washington, DC, and the other half work 
in the five OPS regional offices located in Washington, DC, 
Atlanta, GA, Kansas City, MO and Houston, TX.

                       Summary of the Legislation


                         SECTION 1. SHORT TITLE

    The bill is named the ``Pipeline Security and Safety Act.'' 
The Act amends Title 49 of the U.S. Code.

               SECTION 2. ONE-CALL NOTIFICATION PROGRAMS

    This section amends chapter 61 to improve the effectiveness 
of one-call notification programs. A significant number of 
outside force damage incidents occur because many counties and 
local governments are exempt from one-call requirements. 
Section 6103 is amended to impose additional requirements for 
those qualified to receive grants to States under section 6106 
by including in subsection (a)(1) all government operators. 
Subsection (a)(2) is also amended to specifically include all 
government and contract excavators. Further, the section amends 
subsection (c) to require State one-call programs to document 
in addition to the previous requirement of ``providing for'' 
several criteria. Section 6104 is amended by striking its 
reporting requirement.
    Section 6105 originally required a study to determine the 
most effective one-call notification practices. The 
``Implementation of best practices guidelines'' section 
replaces current law with language directing the Secretary of 
Transportation to encourage the adoption and implementation of 
the Common Ground study. It further requires the Secretary to 
encourage the adoption and implementation of the best practices 
contained in the study, which is periodically updated. The 
section further requires the Secretary to provide technical 
assistance to and participate in programs sponsored by non-
profits specifically established to reduce construction related 
damage. The Secretary may also provide grants to the non-
profits not exceeding $500,000 per fiscal year.
    Section 6107 is amended to provide authorization of 
appropriations for State grants of $1 million for each of 
Fiscal Year's 2002-2005, and language providing for FY 2000 
appropriations is removed. The Act further amends the 
appropriations authorization for sections 6103-6105 provides 
such sums as may be necessary for Fiscal Year's 2002-2005.

         SECTION 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS

    Section 60104(c) is amended to allow a State to enforce 
that State's one-call notification program requirements if they 
are compatible with the federal program requirements.
    Section 60114(a)(2) is amended to include a government 
employee or contractor in the definition of a person required 
to contact the appropriate system prior to engaging in an 
activity the Secretary determines could cause physical damage 
to an underground facility.
    Section 60123(d), criminal penalties for failure to use 
one-call notification or not heeding location information or 
markings, is amended to clarify the intent requirement by 
placing it in a more appropriate subsection. (``knowingly and 
willfully'' engages in) The section further makes an individual 
liable if his activity subsequently damages a pipeline 
facility, if he does not promptly report it but only when he 
knows or has reason to know of the damage.

                  SECTION 4. PUBLIC EDUCATION PROGRAMS

    Section 60102(b) is renamed ``Security and Safety 
Standards'' currently know as ``Practicability and Safety Needs 
Standards.'' Other changes are made to include security as a 
compliment of the section.
    Section 60102(c) is amended to include of hazardous liquid 
pipeline facilities in the public safety program described in 
the section. The original language required only that gas 
pipeline facilities participate in the program. The subsections 
are renumbered to reflect the removal of section 3, which 
addressed hazardous liquid lines separate from gas lines.
    The new subsection 3 is renamed ``Promoting Public Safety'' 
from ``Promoting Public Awareness'' and is updated to remove 
language setting deadlines which pass prior to the date of 
enactment. Hazardous liquid pipelines are added to the annual 
mapping requirement. Subsection 3 is further amended to 
restructure existing language for clarification and enable the 
Secretary to provide technical assistance to State and local 
officials in applying practices to educate the public and 
promote pipeline safety. The Secretary is required to institute 
rulemakings on public safety and education program components 
and on appropriate limitations on access to pipeline maps.

                    SECTION 5. STATE ROLE OVERSIGHT

    Section 60106 is amended to expand the authority of the 
Secretary of Transportation with regard to agreements with 
States where no certification exists under section 60105.
    Section 60106(b)(1), the content requirements of the 
agreement with certification is amended where the Secretary 
authorizes a State to participate in the oversight of 
interstate pipeline transportation. Each agreement must include 
a plan for participation in special investigations involving 
incidents or new construction and allow the State to expand its 
role to additional oversight and inspection or investigative 
activities. However, delegation of enforcement to the State is 
not allowed.
    Section 60106(b)(2) contains the required determinations 
for each agreement, which must be made in writing by the 
Secretary. Subsection (A) requires the agreement be found 
consistent with other programs for inspection as well as safety 
policies and provisions. Subsection (B) requires the agreement 
be found not to harm the oversight responsibilities for 
intrastate pipeline transportation by the State. Subsection (C) 
requiresthe State to be found to be carrying a program 
demonstrated to promote preparedness and risk prevention activities 
that enable communities to live safely with pipelines. Subsection (D) 
requires a finding that the State is in compliance with one-call 
notification in chapter 61. Subsection (E) requires that the actions 
planned under the agreements would not impede interstate commerce or 
public safety.
    Section 60106(b)(3) allows the Secretary to continue 
agreements with States already in force, while the Secretary 
pursues a new agreement under the amended authority, until 
December 31, 2003. This section preserves the Secretary's 
authority to terminate an agreement or correct deficiencies, 
if: (A) the State fails to comply with the agreements, (B) a 
gap in oversight was created by the agreement in intrastate 
pipeline oversight, or (C), continuing the agreement has an 
adverse impact on pipeline safety.
    Section 60106(c) notification authority is amended to 
include response requirements by the Secretary where a State 
notifies the Secretary under section 60106(c)(1) of a violation 
or probable violation of an applicable safety standard 
discovered under the agreement entered into under 60106. In 
60106(c)(2)(a), the Secretary, not later than 60 days after 
receipt of such notification, shall: (A), either issue an order 
under section 60118(b) or take appropriate enforcement actions; 
or (B), provide the State with a written explanation why no 
action was taken.
    Section 60106(e) is added to address new authority in 
ending agreements. Subsection (e)(1) contains permissive 
termination authority for the Secretary, while (e)(2) contains 
mandatory termination authority. Under 60106(e)(2), the 
Secretary must end an agreement if it is found that: (A), a gap 
in oversight responsibilities for intrastate pipeline 
transportation by the State Authority has been produced; (B) 
the State actions have failed to meet the requirements under 
subsection (b); or (C) that continuing the agreement does not 
promote pipeline safety.
    Section 60106(e)(3) contains the procedural requirements 
for ending an agreement, permissively or by mandate.

     SECTION 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS

    This section amends existing authority of the Secretary 
under section 60116 concerning the requirement that each 
operator of a gas pipeline or hazardous liquid pipeline 
facility carry a continuing program to educate the public. The 
requirements for each operator's public education plan are 
mandatory, and listed in subsection 60116(a)(1), beginning 
with: (A) education on use of one-call systems prior to 
excavation and other activities, (B) education on the possible 
hazards from damage, (C) education on how to determine if 
damage has been done, and (D) what to do for public safety if 
damage is in fact done.
    Section 60116(a)(2), requires each operator to review their 
plan after one year for effectiveness and modify it as 
necessary. The Secretary is also required to review each 
program as well. Under 60116(a)(3) the Secretary is given 
authority to issue standards for public education programs and 
their review, as well as to develop material for use in the 
programs. Under 60116(a)(4), the Secretary is given authority 
to provide technical assistance on public education programs to 
(A) the pipeline industry for (i) the content of the program 
and (ii) delivering the program and evaluating its 
effectiveness. Under (B) of the same section, the Secretary may 
provide technical assistance to State and local officials, on 
applying practices developed in public safety and public 
education programs to their activities to promote pipeline 
safety. Section 60116(b) requires the Secretary to make public 
a safety-related condition report filed by an operator under 
section 60102(h) and, subject to section 60117(d)(2), a report 
of a pipeline incident filed by an operator under this chapter.
    Section 60116(c) requires that within one year of 
enactment, each operator establish and maintain a liaison with 
State and local emergency response and planning committees in 
the areas of pipeline right-of-way consistent with 42 U.S.C. 
11001, in each State in which it operates. Section (2) grants 
authority to the Secretary to prescribe standards which require 
each operator to: (A) develop an emergency response plan and 
(B) make the plan available to the State upon request. Under 
subparagraph (3), each operator must work with the State and 
local officials in developing an emergency response plan. 
Section 60116(d) grants the Secretary authority to establish a 
grant program for State, county and local officials for 
emergency response management, training and technical 
assistance.

                 SECTION 7. SAFETY AND SECURITY ORDERS

    Amends section 60117(d) to safeguard the confidentiality of 
information. Section 60117(d)(2)(A) amends the section to 
address the treatment of information which may reveal 
vulnerabilities. Under this section, if the Secretary 
determines that information of a vulnerability of a pipeline 
system, or a vulnerability to attack, the information shall be 
withheld from public disclosure.
    Section 60117(d)(2)(B) describes to whom information 
withheld under (A) may be disclosed. Subsection (C) grants the 
Secretary the authority to make the determinations under 
subparagraph (A) for a category of information or class of 
persons. Subparagraph (D) makes clear that disclosures in this 
section are not a release of information under FOIA, 5 U.S.C. 
552. Subparagraphs (l) and (m) are added to address safety 
orders and security orders respectively. Subparagraph (l) 
grants the Secretary the authority to take necessary corrective 
action if he decides that a pipeline facility has a potentially 
unsafe condition. Subparagraph (m) may take similar corrective 
action if he decides a pipeline facility has a vulnerability to 
terrorist attacks.

                          SECTION 8. PENALTIES

    Amends section 60112 to increase civil penalties for 
violations from $25,000 to $50,000 for daily fines with a cap 
per incident increase from $500,000 to $750,000. Subparagraph 
(3) establishes that a violation of section 60129 carries with 
it a civil liability to the government of not more than $1,000 
for each violation, while making clear that penalties under 
subparagraph (1) do not apply to a violation of section 60129 
or an order issued under there.
    This section also amends section 60123(b) to include 
criminal penalties for damage to a pipeline facility due to a 
terrorist attack. Subparagraph (d) is amended to clarify the 
``knowing and willful'' standard for finding an excavation 
activity a violation. Section 60123(d)(2)(B) is amended to 
clarify the events under 60123(d)(1), that trigger the 
authority in 60123(d)(2). The damage contemplated must occur at 
a pipeline facility and the person causing the damage must know 
or have reason to know of it, but does not report the damage 
promptly to the operator of the pipeline facility and to other 
appropriate authorities.

                   SECTION 9. POPULATION ENCROACHMENT

    Section 60127 required the Secretary to make the land use 
recommendations of Transportation Research Board Report 219 
available to States. Section 60127(a) would require a new study 
of land use practices and zoning ordinances with respect to 
pipeline rights-of-way to limit population encroachment. Under 
Section 60127(d) the Secretary must issue a report within one 
year of enactment regarding successful practices, laws and 
ordinances.

            SECTION 10. ADDITIONAL GAS PIPELINE PROTECTIONS

    Section 60109 is amended by adding at the end subparagraph 
(C) entitled Risk Analysis and Integrity Management Programs. 
Section 60109(c)(1) requires each operator of a gas pipeline 
facility to conduct an analysis of the risks to each facility 
that operates in a High Consequence Area and implement a 
written integrity management program for such facility to 
reduce the risks. Section 60109(c)(2) requires the Secretary, 
within 18 months of enactment, to issue regulations prescribing 
the standards of analysis for the risk analysis each operator 
conducts under section 60109(c)(1). This section requires the 
analysis to be completed not later than one year after issuance 
of the standards. Section 60109(c)(3) States the minimum 
contents of the integrity management program required under 
60109(c)(1). Under 60109(c)(3)(A), each operator must establish 
a baseline assessment of its facilities within 10 years after 
the date of adoption of the integrity management program. The 
methods of assessment are described within the paragraph. 
Subparagraph (3)(B) requires, subject to subparagraph (4), a 
periodic re-inspection of the facility at intervals not more 
than 7 years.
    Section 60109(c)(4) makes clear the Secretary may grant a 
waiver under 60118(c) for re-inspections under 60109(c)(3)(B) 
for the additional need to maintain local product supply or the 
lack of an internal inspection device, if not inconsistent with 
pipeline safety.
    In developing the standards under 60109(c)(2), the 
Secretary may take into account the items listed in 
60109(c)(5)(A)-(E). Subparagraph (A) includes safety levels, 
gas characteristics, technologies, expert studies, historical 
information, engineering data, equipment and personnel 
availability, supply reliability and security and impact on gas 
prices. Subparagraph (B) includes appropriateness of various 
testing methodologies. Subparagraph (C) includes the 
application of a prescriptive or performance based means of 
compliance. Subparagraph (D) includes the incorporation of 
applicable national consensus standards, and subparagraph (E) 
includes the effectiveness of review and oversight of an 
operator's integrity management plan is a designated pipeline 
safety authority. Section 60109(c)(6) includes two additional 
optional standards for which the Secretary may prescribe 
standards: (A) for changes to valves or the establishment or 
modification of systems that monitor pressure and detect leaks 
based on the operator's risk analysis, and (B) the use of 
emergency flow restrictors.
    Under Section 60109(c)(7), an operator is required, within 
30 months of enactment, to conduct a risk analysis and adopt a 
program under subparagraph (1), if the Secretary fails to 
prescribe the standards described in subparagraph (2). Once 
prescribed, the programs adopted under subparagraph (1), shall 
be reviewed and the results recorded under 60109(c)(8)(A)(i)-
(iii). This section also describes the context of the review in 
section (ii), as well as action taken under section (iii). 
Under subparagraph (B), an operator must notify the Secretary 
within 30 days of any amendment to an integrity management 
program. Under subparagraph (C), the Secretary shall provide a 
copy of each risk analysis and integrity management program to 
any appropriate State authority. States that have an agreement 
under section 60106 may provide a review of the programs to the 
Secretary under section 60106(c)(9). Under section (10), it is 
made clear section 60104(b) does not apply to this section. 
Under Section 60106(d) an assessment and evaluation of the 
effects on public safety will be conducted not more than 5 
years from promulgation of the standards described in 
subparagraph (c)(2).

 SECTION 11. PROGRAM FOR PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND 
                             DEMONSTRATION

    This section provides for the establishment of a 
cooperative Federal research development and demonstration 
(RD&D) program to ensure the integrity and safety of pipelines 
and related facilities through a coordinated Federal program of 
pipeline safety RD&D, and standardization program conducted by 
the Department of Energy, the Department of Transportation and 
the National Institute of Standards and Technology (identified 
as ``the participating agencies''). The section:
     Requires that the participating agencies provide 
to Congress an analysis of their RD&D and standardization 
capabilities and activities within six months of enactment of 
this legislation.
     Requires that the participating agencies submit to 
Congress within one year of enactment, a plan for RD&D and 
standardization efforts to be undertaken under this 
legislation.
     Establishes a Pipeline Integrity Technical 
Advisory Committee (PITAC).
     Directs PITAC to review the plan and provide 
ongoing assessments of the RD&D and standardization efforts 
authorized under the Act.
     Calls upon the participating agencies to enter 
into a Memorandum of Understanding (MOU) within 120 days of 
enactment to outline research capabilities and responsibilities 
for each of the three agencies.
     Authorizes to be appropriated each fiscal year 
(2002-2006): $10,000,000 to DOE; $5,000,000 to DOT; and 
$5,000,000 to NIST.
    These funds are in addition to any other fee-based funding 
used for pipeline research programs at DOT.

            SECTION 12. QUALIFICATION OF PIPELINE PERSONNEL

    There is a new section 60129 establishing a qualification 
program for all covered tasks for gas and hazardous liquid 
pipeline facilities. Under 60129(a), each pipeline operator 
must adopt within one year a written qualification program that 
will be reviewed and approved by the Secretary or proper State 
authority. Under 60129(b)(1)-(3) the qualification program must 
include a written performance evaluation, and provide for 
periodic re-qualification of individuals. Operators must ensure 
that all individuals receive qualification within 18 months of 
the adoption of the program, and must notify the Secretary or 
State authority of any amendments to an approved program within 
30 days. The Secretary must report to Congress on the 
implementation of the qualification program within two years of 
enactment.
    Within three years of enactment, the Secretary must develop 
a certification test for individuals who operate computer-based 
supervisory control and data acquisition (``SCADA'') systems. 
The pilot program will be carried out at three facilities 
outfitted with SCADA systems, and the Secretary must report the 
results of the program within five years of enactment. The 
report must include a description of the SCADA certification 
pilot projects, an evaluation of the certification process, and 
any recommendations for industry-wide application of the SCADA 
certification program. The report also must include an 
assessment of the effects of certifying other individuals 
performing safety-sensitive functions.

              SECTION 13. SECURITY OF PIPELINE FACILITIES

    In the wake of the attacks of September 11, 2001, any 
legislation that seeks to enhance the safety of natural gas and 
hazardous liquid pipelines must address terrorist threats. This 
legislation addresses this issue by providing the Secretary of 
Transportation with additional authority to work with pipeline 
operators to prepare for and respond to terrorist attacks.
    Section 60130 addresses security-sensitive information. 
Section 60130(a)(1)-(3) requires that the operator of a 
pipeline facility develop and implement a terrorism security 
program. The contents of the programs shall consist of written 
procedures to follow and actions to take in the event of a 
terrorists attack on a pipeline facility. Communication 
procedures with appropriate officials in the event of such an 
attack are also required. Within one year of enactment, the 
Secretary shall conduct a review of each operator's program, 
and approve or disapprove each one. Under 60130(b), the 
secretary may provide technical assistance to operators to 
prevent or respond to acts of terrorism that may affect a 
facility. The technical assistance may include, at a minimum, 
actions that support the use of the National Guard or other 
federal personnel, resources available to the Secretary to 
develop and implement security measures, and the provision of 
information and guidance on security practices that prevent 
damage to pipeline facilities from terrorist attacks.
    To implement Section 60130, the Committee expects the 
Secretary of Transportation, in consultation with the Attorney 
General, the Secretary of Defense, the Director of the Office 
of Homeland Security, and the governors of the States, to 
develop plans for the deployment of federal and State personnel 
to protect pipeline facilities at risk of a terrorist attack, 
or in response to such an attack. This coordination should 
include the Research and Special Programs Administration to 
identify facilities in need of protection.
    The Committee believes that such contingency plans should 
specify that temporary acquisition of property: (1) occur only 
during a declared national emergency, and when there is a 
catastrophic loss of pipeline infrastructure, or a protracted 
denial of access to the existing right-of-way with a major 
impact on public safety or national security; (2) be limited to 
the minimum amount of property necessary to reestablish the 
operation of the pipeline; (3) require a finding by the 
Secretary (or the Under Secretary of Transportation Security) 
that the acquisition would be in the public interest; and (4) 
be limited to a 6 month period, unless at the end of that 
period, the Secretary (or the Under Secretary) finds that the 
duration of the acquisition must be extended in order to meet 
the requirements specified in (1) and (3).

              SECTION 14. NATIONAL PIPELINE MAPPING SYSTEM

    New section 60131 would require each pipeline facility to 
provide to the Secretary within 30 days of enactment the 
information contained in 60131(a)(1)-(3) for each line it 
operates. Section 60131(a)(1) requires geo-spatial data format, 
or a formatthat can be readily converted to geo-spatial data, 
for mapping. Section 60131(a)(2) requires the name and address of 
person with primary operational control (``operator'') over the 
facilities. Section 60131(a)(3) requires a method for a member of the 
public to contact the operator for information on the pipeline. This 
information must be updated to reflect changes. The Secretary may 
provide technical assistance to provide this information electronically 
to emergency responders for pipeline emergencies.

  SECTION 15. ADMINISTRATIVE PROCESS FOR PERMITTING A PIPELINE REPAIR 
                                ACTIVITY

    New section 60132 requires the President, within 30 days of 
enactment, to establish an Interagency Committee on Pipeline 
Repair Permitting (ICPRP) with the following agencies 
represented: Department of Transportation; the Environmental 
Protection Agency; the U.S. Fish and Wildlife Service; the 
National Oceanic and Atmospheric Administration; the Bureau of 
Land Management; the Minerals Management Service; the Army 
Corps of Engineers; and the Federal Energy Regulatory 
Commission.
    Section 60132(a)(3) directs the ICPRP to evaluate current 
federal permitting requirements that apply to pipeline 
inspection, excavation and repair and restoration activities. 
The ICPRP is required to recommend a process to allow pipeline 
operators to complete pipeline repairs within the deadlines 
required by the Secretary by rulemaking.
    Section 60132(a)(4) requires the ICPRP to consult with the 
appropriate State and local environmental, pipeline safety, 
emergency response, and other appropriate officials.
    Under Section 60132(b), the Secretary is required to 
promulgate a rule establishing a process by which pipeline 
operators can complete all necessary activities required under 
the integrity management program. The section requires the 
ICPRP to issue its recommendations to the Secretary within 180 
days of enactment. Based on these recommendations, the 
Secretary shall propose a rule within 30 days. Under section 
60132(b)(2) the Secretary shall issue a final rule within 180 
days. The final rule shall be effective within 90 days of 
publication in the Federal Register.
    Under Section 60132(b)(2)(B)(i)-(v) the contents of the 
rule are described. The final rule shall establish best 
practices which operators shall comply with in conducting 
repairs and activities required under the integrity management 
program. The operator shall provide notice that it will be 
conducting activities specified under the rule. The Secretary 
must disapprove of the operator's proposed activities specified 
in its notice within seven days of receipt of the notice, 
otherwise the Secretary shall be deemed to have concurred. The 
final rule must also provide for an opportunity for operators 
to resubmit proposals that are disapproved by the Secretary.
    Section 60132(c) specifies that operators conducting repair 
projects under procedures established by the final rule shall 
not be required to obtain any other permit from any other 
Federal agency for the specified repairs and activities.
    Section 60132(d) addresses cases where the operator is 
unable to conduct or complete a repair project with the best 
practices specified under 60132(b)(2)(B), the operator may 
submit to all applicable permitting agencies an application 
providing the specific site management plan for the proposed 
activities. Each agency has 60 days from the receipt of the 
management plan to approve or deny the application. If an 
agency does not approve or deny the application within 60 days, 
the operator shall be permitted to proceed with the activities 
provided in the site management plan. The section specifies 
that operators that fail to adhere to the site management plan 
with damages resulting from this failure shall be subject to 
any civil or criminal penalties otherwise available under the 
law.
    Section 60132(e) requires the Secretary to commence within 
30 days of enactment a rulemaking, to be complete within 90 
days of enactment, which provides for interim operational 
alternatives. These measures are meant to operate in the period 
of time between enactment and the date upon which the final 
rule issued under section 60132(b) becomes effective.
    Under section 60132(f), the Secretary is required to 
designate an ombudsman to assist operators in completing 
repairs and resolving disagreements with permitting agencies.
    Section 60132(g) requires the Secretary to encourage State 
and local governments to streamline the approval processes for 
permits required to be obtained by operators conducting repairs 
required under the integrity management program.

          SECTION 16. PIPELINE SECURITY-SENSITIVE INFORMATION

    Current law provides for the protection from release of 
certain sensitive information that is contained in government 
records; for example, information related to the privacy of 
individuals, trade secrets, commercial information, 
investigative records, and security information about aviation. 
This current authority allows or requires the withholding of 
certain information relating to transportation by pipeline. 
However, current authority does not protect all information 
that could be used by terrorists to plan for or to carry out 
terrorist acts relating to pipeline transportation.
    Section 60117(d)(1) describes the information that is 
restricted from disclosure by 18 U.S.C. 1905. Security-
sensitive information could include an order issued to a 
pipeline operator to make changes to the security procedures it 
employs, or a study of gaps in security with respect to 
liquefied natural gas facilities. Section 60117(2)(A)-(B) 
allows the Secretary to determine whether release of the 
information would be contrary to national security, and then to 
whom publicly withheld information may be disclosed. With most 
information, this will be done on a case-by-case basis. Certain 
persons will retain necessary access to such information 
including Federal, State, tribal, or local officials charged 
with protecting the facilities, public safety, or national 
security.
    Section 60117(d)(2)(D) makes clear that if the Secretary 
does release information within the meaning of 60132(d)(2)(A), 
to a person falling within 60132(d)(2)(B), that disclosure does 
not constitute a release of information within the meaning of 5 
USC Sec. 552.

                    SECTION 17. TECHNICAL AMENDMENTS

    Section 60102 is amended by restructuring subsection (a) 
and (a)(1) and by inserting a heading for subsection (c). 
Section 60110(b) is amended to correct a technical mistake made 
in P.L. 104-304. Section 60114 is amended to rename subsection 
(d) as (c), correcting a mistake in lettering. Section 60122(a) 
is amended to correct a reference to the non-existent 
subsection (c) of section 60114. Section 60123(a) is also 
amended to correct an inaccurate reference to section 60114(c).

              SECTION 18. AUTHORIZATION OF APPROPRIATIONS

    Appropriations are authorized in section 60125(a), 
excluding amounts for State grants and the newly established 
pipeline integrity program, at $35.5 million ($29.5 million 
from user fees) for FY 2002, $37.9 million ($31.9 million from 
user fees) for FY 2003, $41.7 million ($35.7 million from user 
fees) for FY 2004, and $47.1 million ($41.1 million from user 
fees) for FY 2005. Subsections (b) Hazardous liquid, (d) Grants 
for one-call notification systems and (f) availability of 
unused amounts for grants are stricken and authorizations are 
combined with the other subsections or are for outdated 
programs. Subsections (c) and (e) are re-designated as (b) and 
(d) respectively.
    Amounts authorized for State grants include $18.5 million 
($13.5 million from user fees) for FY 2002, $19.8 million 
($14.8 million from user fees) for FY 2003, $21.7 million 
($16.7 million from user fees) for FY 2004, and $24.6 million 
($19.6 million from user fees) for FY 2005. The Act also 
authorizes $3 million for each of Fiscal Year's 2002-2005 for 
the pipeline integrity program.
    This section also authorizes appropriations of $6 million 
annually for emergency grants for each of FYs 2002-2004.

     SECTION 19. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
                              INFORMATION

    Section 60133 prohibits a pipeline operator, contractor or 
subcontractor of a pipeline from firing, or taking other 
adverse action, against an employee for doing any of the acts 
described in 60133(a)(1)-(5). These actions are listed as, (1) 
providing information to the employer or Federal government 
relating to pipeline safety; (2) refusing to take any action 
made unlawful under chapter 610 of Title 49 or any other 
provision of law related to pipeline safety; (3) filing or 
being about to file a proceeding relating to pipeline safety; 
(4) testifying or being about to testify in such a proceeding; 
or (5) assisting or participating in such a proceeding.
    Section 60133(b) establishes procedures governing the 
filing of complaints by aggrieved whistleblowers at the 
Department of Labor. The procedures allow whistleblowers that 
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 Department of Labor is required to notify 
the person named in the complaint and the Administrator of the 
Research and Special Programs Administration of the complaint 
and the allegations contained in the complaint.
    The section also establishes specific time frames under 
which the Department of Labor 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 section requires it to issue a preliminary order 
providing a remedy. The section also 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 remedies that are available under this section are: 
action to abate the violation; reinstatement of the employee 
with back pay; and monetary damages to the employee. The 
section 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 section 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 section 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 section further permits the Secretary of 
Labor to enforce the order by bringing suit in a district court 
against the person that has failed to comply. The section 
permits the court to issue an injunction or provide other 
relief.
    The section also allows the party who won the case before 
the Secretary to sue the other party to force compliance with 
the Secretary of Labor's order in U.S. District Court.
    The section 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.

                 SECTION 20. PIPELINE BRIDGE RISK STUDY

    This section requires the Secretary to conduct a study to 
determine whether pipeline suspension bridges pose unique 
structural or other risks that would require particularized 
inspection standards. The Secretary must begin the study within 
90 days of enactment and must complete and transmit the study 
to Congress within one year ofenactment. In conducting the 
study, the Secretary is required to solicit comments and provide for a 
public process to the maximum extent practicable.

            Legislative History and Committee Consideration

    On December 20, 2001, the bill was introduced and referred 
to the Committee on Transportation and Infrastructure, and in 
addition to the Committee on Energy and Commerce, for a period 
to be determined by the Speaker, in each case for consideration 
of such provisions as fell within the jurisdiction of the 
committee concerned.
    The Chairman of the Transportation and Infrastructure 
Committee referred the bill on December 21, 2001 to the 
Subcommittee on Highways and Transit. The Subcommittee on 
Highways and Transit held a mark-up on May 16, 2002. An 
amendment in the nature of a substitute offered by Mr. Petri, 
Mr. Carson, Mr. Larson, et. al, was approved by voice vote. On 
May 16, 2002, the Subcommittee on Highways and Transit reported 
the bill and reported it, as amended, to the Full Committee.
    On May 23, 2002, the Full Committee on Transportation and 
Infrastructure met to consider the bill. An amendment in the 
nature of a substitute was offered by Mr. Young of Alaska. 
Several amendments to the substitute amendment were offered and 
rejected on recorded votes. The substitute amendment was then 
adopted by a recorded vote. The bill as amended was ordered 
reported, as amended, on a roll call vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. The 
following recorded votes were taken in connection with ordering 
H.R. 3609 reported to the House.


                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has not been timely submitted prior to the filing of the 
report. The letter from CBO will be inserted in the 
Congressional Record at a later date.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office which 
will be inserted in the Congressional Record.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
improve the safety of pipeline oversight by the Office of 
Pipeline Safety (OPS). This objective is accomplished by 
improved authority for the OPS.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has not received a cost estimate for H.R. 3609 from 
the Director of the Congressional Budget Office.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt State, local or 
tribal law. The Committee states that H.R. 3609 does not 
preempt any State, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


               CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS

Sec.
6101.  Purposes.
     * * * * * * *
[6105.  Review of one-call system best practices.]
6105.  Implementation of best practices guidelines.
     * * * * * * *

Sec. 6103. Minimum standards for State one-call notification programs

  (a) Minimum Standards.--In order to qualify for a grant under 
section 6106, a State one-call notification program shall, at a 
minimum, provide for--
          (1) appropriate participation by all underground 
        facility operators, including all government operators;
          (2) appropriate participation by all excavators, 
        including all government and contract excavators; and

           *       *       *       *       *       *       *

  (c) Implementation.--A State one-call notification program 
also shall, at a minimum, provide for and document--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 6104. Compliance with minimum standards

  (a) * * *

           *       *       *       *       *       *       *

  (d) Report.--[Within 3 years after the date of the enactment 
of this chapter, the Secretary shall begin to] The Secretary 
shall include the following information in reports submitted 
under section 60124 of this title--
          (1) * * *

           *       *       *       *       *       *       *


[Sec. 6105. Review of one-call system best practices

  [(a) Study of Existing One-Call Systems.--Except as provided 
in subsection (d), the Secretary, in consultation with other 
appropriate Federal agencies, State agencies, one-call 
notification system operators, underground facility operators, 
excavators, and other interested parties, shall undertake a 
study of damage prevention practices associated with existing 
one-call notification systems.
  [(b) Purpose of Study of Damage Prevention Practices.--The 
purpose of the study is to gather information in order to 
determine which existing one-call notification systems 
practices appear to be the most effective in protecting the 
public, excavators, and the environment and in preventing 
disruptions to public services and damage to underground 
facilities. As part of the study, the Secretary shall consider, 
at a minimum--
          [(1) the methods used by one-call notification 
        systems and others to encourage participation by 
        excavators and owners of underground facilities;
          [(2) the methods by which one-call notification 
        systems promote awareness of their programs, including 
        use of public service announcements and educational 
        materials and programs;
          [(3) the methods by which one-call notification 
        systems receive and distribute information from 
        excavators and underground facility owners;
          [(4) the use of any performance and service standards 
        to verify the effectiveness of a one-call notification 
        system;
          [(5) the effectiveness and accuracy of mapping used 
        by one-call notification systems;
          [(6) the relationship between one-call notification 
        systems and preventing damage to underground 
        facilities;
          [(7) how one-call notification systems address the 
        need for rapid response to situations where the need to 
        excavate is urgent;
          [(8) the extent to which accidents occur due to 
        errors in marking of underground facilities, untimely 
        marking or errors in the excavation process after a 
        one-call notification system has been notified of an 
        excavation;
          [(9) the extent to which personnel engaged in marking 
        underground facilities may be endangered;
          [(10) the characteristics of damage prevention 
        programs the Secretary believes could be relevant to 
        the effectiveness of State one-call notification 
        programs; and
          [(11) the effectiveness of penalties and enforcement 
        activities under State one-call notification programs 
        in obtaining compliance with program requirements.
  [(c) Report.--Within 1 year after the date of the enactment 
of this chapter, the Secretary shall publish a report 
identifying those practices of one-call notification systems 
that are the most and least successful in--
          [(1) preventing damage to underground facilities; and
          [(2) providing effective and efficient service to 
        excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those 
practices identified in the report that the State determines 
are the most appropriate.
  [(d) Secretarial Discretion.--Prior to undertaking the study 
described in subsection (a), the Secretary shall determine 
whether timely information described in subsection (b) is 
readily available. If the Secretary determines that such 
information is readily available, the Secretary is not required 
to carry out the study.]

Sec. 6105. Implementation of best practices guidelines

  (a) Adoption of Best Practices.--The Secretary of 
Transportation shall encourage States, operators of one-call 
notification programs, excavators (including all government and 
contract excavators), and underground facility operators to 
adopt and implement practices identified in the best practices 
report entitled ``Common Ground'', as periodically updated.
  (b) Technical Assistance.--The Secretary shall provide 
technical assistance to and participate in programs sponsored 
by a non-profit organization specifically established for the 
purpose of reducing construction-related damage to underground 
facilities.
  (c) Grants.--
          (1) In general.--The Secretary may make grants to a 
        non-profit organization described in subsection (b).
          (2) Authorization of appropriations.--In addition to 
        amounts authorized under section 6107, there is 
        authorized to be appropriated for making grants under 
        this subsection $500,000 for each of fiscal years 2002 
        through 2005. Such sums shall remain available until 
        expended.
          (3) General revenue funding.--Any sums appropriated 
        under this subsection shall be derived from general 
        revenues and may not be derived from amounts collected 
        under section 60301.

           *       *       *       *       *       *       *


Sec. 6107. Authorization of appropriations

  (a) For Grants to States.--There are authorized to be 
appropriated to the Secretary to provide grants to States under 
section 6106 [$1,000,000 for fiscal year 2000 and $5,000,000 
for fiscal year 2001] $1,000,000 for each of fiscal years 2002 
through 2005. Such funds shall remain available until expended.
  (b) For Administration.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
carry out sections 6103, 6104, and 6105 [for fiscal years 1999, 
2000, and 2001] for fiscal years 2002 through 2005.

           *       *       *       *       *       *       *


SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


                          CHAPTER 601--SAFETY

Sec.
60101.  Definitions.
     * * * * * * *
[60116.  Public education programs.]
60116.  Community right-to-know and emergency preparedness.
     * * * * * * *
60129.  Qualification of pipeline personnel.
60130.  Security of pipeline facilities.
60131.  National pipeline mapping system.
60132.  Administrative process for permitting of pipeline repair 
          activity.
60133.  Protection of employees providing pipeline safety information.

           *       *       *       *       *       *       *


Sec. 60102. General authority

  [(a)(1) Minimum Safety Standards.--The Secretary of 
Transportation]
  (a) Minimum Safety Standards.--
          (1) In general.--The Secretary of Transportation 
        shall prescribe minimum safety standards for pipeline 
        transportation and for pipeline facilities. The 
        standards--
                  (A) apply to owners and operators of pipeline 
                facilities;
                  (B) may apply to the design, installation, 
                inspection, emergency plans and procedures, 
                testing, construction, extension, operation, 
                replacement, and maintenance of pipeline 
                facilities; and

           *       *       *       *       *       *       *

          (2) Qualifications of pipeline operators.--The 
        qualifications applicable to an individual who operates 
        and maintains a pipeline facility shall address the 
        ability to recognize and react appropriately to 
        abnormal operating conditions that may indicate a 
        dangerous situation or a condition exceeding design 
        limits. The operator of a pipeline facility shall 
        ensure that employees who operate and maintain the 
        facility are qualified to operate and maintain the 
        pipeline facilities.
  (b) [Practicability and Safety Needs Standards] Security and 
Safety Standards.--
          (1) In general.--A standard prescribed under 
        subsection (a) shall be--
                  (A) practicable; and
                  (B) designed to meet the need for--
                          (i) gas pipeline safety and security, 
                        or safely and securely transporting 
                        hazardous liquids, as appropriate; and
                          (ii) protecting the environment.
          (2) Factors for consideration.--When prescribing any 
        standard under this section or section 60101(b), 60103, 
        60108, 60109, 60110, or 60113, the Secretary shall 
        consider--
                  (A) relevant available--
                          (i) gas pipeline safety information;
                          (ii) hazardous liquid pipeline safety 
                        information; [and]
                          (iii) environmental information; and
                          (iv) security information;

           *       *       *       *       *       *       *

                  (F) comments and information received from 
                the public; [and]
                  (G) the comments and recommendations of the 
                Technical Pipeline Safety Standards Committee, 
                the Technical Hazardous Liquid Pipeline Safety 
                Standards Committee, or both, as 
                appropriate[.]; and
                  (H) the comments and recommendations of the 
                Office of Homeland Security and the 
                Transportation Security Administration.
          (3) Risk assessment.--In conducting a risk assessment 
        referred to in subparagraphs (D) and (E) of paragraph 
        (2), the Secretary shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) include--
                          (i) * * *
                          (ii) with respect to each of those 
                        other options, a brief explanation of 
                        the reasons that the Secretary did not 
                        select the option; [and]
                  (D) identify technical data or other 
                information upon which the risk assessment 
                information and proposed standard is based[.]; 
                and
                  (E) assess the vulnerabilities of pipeline 
                facilities to terrorist attacks.

           *       *       *       *       *       *       *

  [(c) Public Safety Program Requirements.--(1) The Secretary 
shall include in the standards prescribed under subsection (a) 
of this section a requirement that an operator of a gas 
pipeline facility participate in a public safety program that--
          [(A) notifies an operator of proposed demolition, 
        excavation, tunneling, or construction near or 
        affecting the facility;
          [(B) requires an operator to identify a pipeline 
        facility that may be affected by the proposed 
        demolition, excavation, tunneling, or construction, to 
        prevent damaging the facility; and
          [(C) the Secretary decides will protect a facility 
        adequately against a hazard caused by demolition, 
        excavation, tunneling, or construction.
  [(2) To the extent a public safety program referred to in 
paragraph (1) of this subsection is not available, the 
Secretary shall prescribe standards requiring an operator to 
take action the Secretary prescribes to provide services 
comparable to services that would be available under a public 
safety program.
  [(3) The Secretary may include in the standards prescribed 
under subsection (a) of this section a requirement that an 
operator of a hazardous liquid pipeline facility participate in 
a public safety program meeting the requirements of paragraph 
(1) of this subsection or maintain and carry out a damage 
prevention program that provides services comparable to 
services that would be available under a public safety program.
          [(4) Promoting public awareness.--
                  [(A) Not later than one year after the date 
                of enactment of the Accountable Pipeline Safety 
                and Accountability Act of 1996, and annually 
                thereafter, the owner or operator of each 
                interstate gas pipeline facility shall provide 
                to the governing body of each municipality in 
                which the interstate gas pipeline facility is 
                located, a map identifying the location of such 
                facility.
                  [(B)(i) Not later than June 1, 1998, the 
                Secretary shall survey and assess the public 
                education programs under section 60116 and the 
                public safety programs under section 60102(c) 
                and determine their effectiveness and 
                applicability as components of a model program. 
                In particular, the survey shall include the 
                methods by which operators notify residents of 
                the location of the facility and its right of 
                way, public information regarding existing One-
                Call programs, and appropriate procedures to be 
                followed by residents of affected 
                municipalities in the event of accidents 
                involving interstate gas pipeline facilities.
                  [(ii) Not later than one year after the 
                survey and assessment are completed, the 
                Secretary shall institute a rulemaking to 
                determine the most effective public safety and 
                education program components and promulgate if 
                appropriate, standards implementing those 
                components on a nationwide basis. In the event 
                that the Secretary finds that promulgation of 
                such standards are not appropriate, the 
                Secretary shall report to Congress the reasons 
                for that finding.]
  (c) Public Safety Program Requirements.--
          (1) In general.--The Secretary shall include in the 
        standards prescribed under subsection (a) a requirement 
        that the operator of a pipeline facility participate in 
        a public safety program that--
                  (A) notifies an operator of proposed 
                demolition, excavation, tunneling, or 
                construction near or affecting the facility;
                  (B) requires an operator to identify a 
                pipeline facility that may be affected by the 
                proposed demolition, excavation, tunneling, or 
                construction, to prevent damaging the facility; 
                and
                  (C) the Secretary decides will protect a 
                facility adequately against a hazard caused by 
                demolition, excavation, tunneling, or 
                construction.
          (2) Comparable services.--To the extent a public 
        safety program referred to in paragraph (1) is not 
        available, the Secretary shall prescribe standards 
        requiring an operator to take action to provide 
        services comparable to services that would be available 
        under a public safety program.
          (3) Promoting public safety.--
                  (A) Provision of map to municipalities.--The 
                operator of a hazardous liquid or interstate 
                gas pipeline facility shall provide on an 
                annual basis to the governing body of each 
                municipality in which the facility is located, 
                a map identifying the location of the facility.
                  (B) Survey.--The Secretary shall periodically 
                survey and assess the public education programs 
                under section 60116 and the public safety 
                programs under this subsection and determine 
                their effectiveness and applicability as 
                components of a model program. In particular, 
                the survey shall include--
                          (i) the methods by which operators 
                        notify residents of the location of the 
                        facility and its right of way;
                          (ii) public information regarding 
                        existing One-Call programs; and
                          (iii) appropriate procedures to be 
                        followed by residents of affected 
                        municipalities in the event of 
                        accidents involving interstate pipeline 
                        facilities.
                  (C) Rulemaking.--The Secretary shall 
                institute a rulemaking to determine the most 
                effective public safety and education program 
                components and promulgate standards 
                implementing those components on a nationwide 
                basis. Such standards shall establish 
                appropriate limitations on access to maps 
                provided under subparagraph (A) based on the 
                need for security of the information.
                  (D) Technical assistance.--The Secretary may 
                provide technical assistance to State and local 
                officials in applying practices developed as 
                part of the programs required under this 
                subsection and section 60116 to their 
                activities to educate and promote pipeline 
                safety with the public.

           *       *       *       *       *       *       *


Sec. 60104. Requirements and limitations

  (a) * * *

           *       *       *       *       *       *       *

  (c) Preemption.--A State authority that has submitted a 
current certification under section 60105(a) of this title may 
adopt additional or more stringent safety standards for 
intrastate pipeline facilities and intrastate pipeline 
transportation only if those standards are compatible with the 
minimum standards prescribed under this chapter. A State 
authority may not adopt or continue in force safety standards 
for interstate pipeline facilities or interstate pipeline 
transportation. Notwithstanding the preceding sentence, a State 
authority may enforce a requirement of a one-call notification 
program of the State if the program meets the requirements for 
one-call notification programs under this chapter or chapter 
61.

           *       *       *       *       *       *       *


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) * * *

           *       *       *       *       *       *       *

  (b) Agreements With Certification.--
          (1) In general.--If the Secretary accepts a 
        certification under section 60105 and makes the 
        determination required under this subsection, the 
        Secretary may make an agreement with a State authority 
        authorizing it to participate in the oversight of 
        interstate pipeline transportation. Each such agreement 
        shall include a plan for the State authority to 
        participate in special investigations involving 
        incidents or new construction and allow the State 
        authority to participate in other activities overseeing 
        interstate pipeline transportation or to assume 
        additional inspection or investigatory duties. Nothing 
        in this section modifies section 60104(c) or authorizes 
        the Secretary to delegate the enforcement of safety 
        standards prescribed under this chapter to a State 
        authority.
          (2) Determinations required.--The Secretary may not 
        enter into an agreement under this subsection, unless 
        the Secretary determines in writing that--
                  (A) the agreement allowing participation of 
                the State authority is consistent with the 
                Secretary's program for inspection and 
                consistent with the safety policies and 
                provisions provided under this chapter;
                  (B) the interstate participation agreement 
                would not adversely affect the oversight 
                responsibilities of intrastate pipeline 
                transportation by the State authority;
                  (C) the State is carrying out a program 
                demonstrated to promote preparedness and risk 
                prevention activities that enable communities 
                to live safely with pipelines;
                  (D) the State meets the minimum standards for 
                State one-call notification set forth in 
                chapter 61; and
                  (E) the actions planned under the agreement 
                would not impede interstate commerce or 
                jeopardize public safety.
          (3) Existing agreements.--If requested by the State 
        authority, the Secretary shall authorize a State 
        authority which had an interstate agreement in effect 
        after January 31, 1999, to oversee interstate pipeline 
        transportation pursuant to the terms of that agreement 
        until the Secretary determines that the State meets the 
        requirements of paragraph (2) and executes a new 
        agreement, or until December 31, 2003, whichever is 
        sooner. Nothing in this paragraph shall prevent the 
        Secretary, after affording the State notice, hearing, 
        and an opportunity to correct any alleged deficiencies, 
        from terminating an agreement that was in effect before 
        enactment of the Pipeline Infrastructure Protection To 
        Enhance Security and Safety Act if--
                  (A) the State authority fails to comply with 
                the terms of the agreement;
                  (B) implementation of the agreement has 
                resulted in a gap in the oversight 
                responsibilities of intrastate pipeline 
                transportation by the State authority; or
                  (C) continued participation by the State 
                authority in the oversight of interstate 
                pipeline transportation has had an adverse 
                impact on pipeline safety.
  [(b)] (c) Notification.--[Each agreement]
          (1) In general.--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.
          (2) Response by secretary.--If a State authority 
        notifies the Secretary under paragraph (1) of a 
        violation or probable violation of an applicable safety 
        standard, the Secretary, not later than 60 days after 
        the date of receipt of the notification, shall--
                  (A) issue an order under section 60118(b) or 
                take other appropriate enforcement actions to 
                ensure compliance with this chapter; or
                  (B) provide the State authority with a 
                written explanation as to why the Secretary has 
                determined not to take such actions.
  [(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 would not promote 
                pipeline safety.
          (3) Procedural requirements.--The Secretary shall 
        give 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) * * *

           *       *       *       *       *       *       *

  (c) Risk Analysis and Integrity Management Programs.--
          (1) Requirement.--Each operator of a gas transmission 
        pipeline facility shall conduct an analysis of the 
        risks to each facility of the operator in an area 
        identified pursuant to subsection (a)(1) and shall 
        adopt and implement a written integrity management 
        program for such facility to reduce the risks.
          (2) Regulations.--Not later than 18 months after the 
        date of the enactment of this subsection, the Secretary 
        shall issue regulations prescribing standards to direct 
        an operator's conduct of a risk analysis and adoption 
        and implementation of an integrity management program 
        under this subsection. The regulations shall require 
        the conduct of the risk analysis and adoption of the 
        integrity management program to occur within a time 
        period prescribed by the Secretary, not to exceed 1 
        year after the issuance of such regulations. The 
        Secretary may satisfy the requirements of this 
        paragraph through the issuance of regulations under 
        this paragraph or under other authority of law.
          (3) Minimum requirements of integrity management 
        programs.--An integrity management program required 
        under paragraph (1) shall include, at a minimum, the 
        following requirements:
                  (A) A baseline integrity assessment of each 
                of the operator's facilities in areas 
                identified pursuant to subsection (a)(1), to be 
                completed not later than 10 years after the 
                date of the adoption of the integrity 
                management program, by internal inspection 
                device, pressure testing, direct assessment, or 
                an alternative method that the Secretary 
                determines would provide an equal or greater 
                level of safety.
                  (B) Subject to paragraph (4), periodic 
                reinspection of the facility, at a minimum of 
                once every 7 years, using methods described in 
                subparagraph (A).
          (4) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reinspection of a facility under 
        paragraph (3)(B) for reasons that may include the need 
        to maintain local product supply or the lack of 
        internal inspection devices if the Secretary determines 
        that such waiver is not inconsistent with pipeline 
        safety.
          (5) Considerations.--In developing standards under 
        paragraph (2), the Secretary shall take into 
        consideration the following:
                  (A) The level of safety, the characteristics 
                of the gas, the application of existing or new 
                technology, the results of technical studies by 
                recognized experts and previous assessments, 
                historical performance of gas pipelines, 
                engineering criteria for determining the 
                severity of threats to integrity, the 
                availability of inspection equipment and 
                analytical personnel, the security and 
                reliability of supply, and the impact on gas 
                prices to consumers.
                  (B) The appropriateness of the application of 
                various assessment methodologies, taking into 
                account the nature of the anomalies of specific 
                pipeline segments under investigation, 
                including such methodologies as direct 
                assessment, hydrostatic testing, in-line 
                inspection, and other effective methods.
                  (C) The application of a prescriptive or 
                performance-based means of compliance (or a 
                combination thereof).
                  (D) Incorporation of applicable national 
                consensus standards to create a consistent and 
                effective approach to risk assessment and 
                prioritization, high consequence areas, 
                pipeline facility inspection, integrity 
                management, and repair requirements for 
                managing pipeline integrity.
                  (E) The effectiveness of review and oversight 
                of an operator's integrity management plan by a 
                designated pipeline safety authority.
          (6) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a 
        pipeline facility to include in an integrity management 
        program under this subsection--
                  (A) changes to valves or the establishment or 
                modification of systems that monitor pressure 
                and detect leaks based on the operator's risk 
                analysis; and
                  (B) the use of emergency flow restricting 
                devices.
          (7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards as 
        described in paragraph (2), an operator of a pipeline 
        facility shall conduct a risk analysis and adopt and 
        implement an integrity management program under 
        paragraph (1) not later than 30 months after the date 
        of the enactment of this subsection.
          (8) Review of integrity management programs.--
                  (A) Review of programs.--
                          (i) In general.--The Secretary shall 
                        review a risk analysis and integrity 
                        management program under paragraph (1) 
                        and record the results of that review 
                        for use in the next review of an 
                        operator's program.
                          (ii) Context of review.--The 
                        Secretary may conduct a review under 
                        clause (i) as an element of the 
                        Secretary's inspection of an operator.
                          (iii) Inadequate programs.--If the 
                        Secretary determines that a risk 
                        analysis or integrity management 
                        program does not comply with the 
                        requirements of this subsection or 
                        regulations issued as described in 
                        paragraph (2), or is inadequate for the 
                        safe operation of a pipeline facility, 
                        the Secretary shall act under section 
                        60108(a)(2) to require the operator to 
                        revise the risk analysis or integrity 
                        management program.
                  (B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an 
                operator of a pipeline facility shall notify 
                the Secretary of any amendment made to the 
                operator's integrity management program not 
                later than 30 days after the date of adoption 
                of the amendment.
                  (C) Transmittal of programs to State 
                authorities.--The Secretary shall provide a 
                copy of each risk analysis and integrity 
                management program reviewed by the Secretary 
                under this paragraph to any appropriate State 
                authority with which the Secretary has entered 
                into an agreement under section 60106.
          (9) State review of integrity management plans.--A 
        State authority that enters into an agreement pursuant 
        to section 60106, permitting the State authority to 
        review the risk analysis and integrity management 
        program pursuant to paragraph (8), may provide the 
        Secretary with a written assessment of the risk 
        analysis and integrity management program, make 
        recommendations, as appropriate, to address safety 
        concerns not adequately addressed by the operator's 
        risk analysis or integrity management program, and 
        submit documentation explaining the State-proposed 
        revisions. The Secretary shall consider carefully the 
        State's proposals and work in consultation with the 
        States and operators to address safety concerns.
          (10) Application of standards.--Section 60104(b) 
        shall not apply to this section.
  (d) Evaluation of Integrity Management Regulations.--Not 
later than 5 years after the date of enactment of this 
subsection, the Secretary shall complete an assessment and 
evaluation of the effects on public safety and the environment 
of the requirements for the implementation of integrity 
management programs contained in the standards prescribed as 
described in subsection (c)(2).

Sec. 60110. Excess flow valves

  (a) * * *
  (b) Installation Requirements and Considerations.--Not later 
than April 24, 1994, the Secretary of Transportation shall 
prescribe standards on the [circumstances under which an 
operator] circumstances, if any, under which an operator of a 
natural gas distribution system must install excess flow valves 
in the system. The Secretary shall consider--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 60114. One-call notification systems

  (a) Minimum Requirements.--The Secretary of Transportation 
shall prescribe regulations providing minimum requirements for 
establishing and operating a one-call notification system for a 
State to adopt that will notify an operator of a pipeline 
facility of activity in the vicinity of the facility that could 
threaten the safety of the facility. The regulations shall 
include the following:
          (1) * * *
          (2) a requirement that a person, including a 
        government employee or contractor, intending to engage 
        in an activity the Secretary decides could cause 
        physical damage to an underground facility must contact 
        the appropriate system to establish if there are 
        underground facilities present in the area of the 
        intended activity.

           *       *       *       *       *       *       *

  [(d)] (c) Relationship to Other Laws.--This section and 
regulations prescribed under this section do not affect the 
liability established under a law of the United States or a 
State for damage caused by an activity described in subsection 
(a)(2) of this section.

           *       *       *       *       *       *       *


[Sec. 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. Community right-to-know and emergency preparedness

  (a) Public Education Programs.--
          (1) In general.--Each operator of a gas pipeline or 
        hazardous liquid pipeline facility shall carry out a 
        continuing program to educate the public on--
                  (A) the use of a one-call notification system 
                prior to excavation and other damage prevention 
                activities;
                  (B) the possible hazards associated with 
                unintended releases from the pipeline facility;
                  (C) the physical indications that such a 
                release may have occurred;
                  (D) what steps should be taken for public 
                safety in the event of a pipeline release; and
                  (E) how to report such an event.
          (2) Review of existing programs.--Not later than 1 
        year after the date of enactment of this paragraph, 
        each operator of a gas pipeline or hazardous liquid 
        pipeline facility shall review its existing public 
        education program for effectiveness and modify the 
        program as necessary. The completed program shall be 
        reviewed by the Secretary of Transportation as an 
        element of Departmental inspections.
          (3) Standards.--The Secretary may issue standards 
        prescribing the details of a public education program 
        and providing for periodic review of the program's 
        effectiveness and modification as needed. The Secretary 
        may also develop material for use in the program.
          (4) Technical assistance.--The Secretary may provide 
        technical assistance on public safety and public 
        education programming regarding pipeline safety as 
        follows:
                  (A) To pipeline industry.--To the pipeline 
                industry, technical assistance on--
                          (i) developing public safety and 
                        public education program content; and
                          (ii) using best practices for program 
                        delivery and on evaluating the 
                        effectiveness of the programs.
                  (B) To State and local officials.--To State 
                and local officials, technical assistance on 
                applying practices developed in public safety 
                and public education programs to their 
                activities to promote pipeline safety.
  (b) Public Availability of Reports.--The Secretary shall make 
available to the public a safety-related condition report filed 
by an operator under section 60102(h) and, except as provided 
in section 60117(d)(2), a report of a pipeline incident filed 
by an operator under this chapter.
  (c) Emergency Preparedness.--
          (1) Operator liaison.--Not later than 1 year after 
        the date of enactment of this subsection, each operator 
        of a gas pipeline 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) Emergency response plans.--The Secretary shall 
        prescribe standards to require each operator of a gas 
        pipeline or hazardous liquid pipeline facility--
                  (A) to develop an emergency response plan for 
                responding to incidents involving the facility; 
                and
                  (B) to make the plan available upon request 
                to State and local officials.
          (3) Cooperation with local officials.--Each operator 
        of a gas pipeline or hazardous liquid pipeline facility 
        shall work in cooperation with State and local 
        officials in the development of State and local 
        emergency response plans for responding to incidents 
        involving the facility.
  (d) Emergency Response Grants.--The Secretary may establish a 
program for making grants to State, county, and local 
governments in high consequence areas, as such an area is 
defined by the Secretary, for emergency response management, 
training, and technical assistance.

Sec. 60117. Administrative

  (a) * * *

           *       *       *       *       *       *       *

  (d) Confidentiality of Information.--[Information]
          (1) In general.--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.
          (2) Information revealing vulnerabilities.--
                  (A) In general.--If the Secretary determines 
                that particular information obtained by the 
                Secretary or an officer, employee, or agent in 
                carrying out this chapter may reveal a systemic 
                vulnerability of a pipeline system, or a 
                vulnerability of pipeline facilities to attack, 
                the information shall be withheld from public 
                disclosure.
                  (B) Disclosure to certain persons.--
                Information withheld from public disclosure 
                under subparagraph (A) may be disclosed only--
                          (i) to an officer, employee, or agent 
                        of a Federal, State, tribal, or local 
                        government, including a volunteer fire 
                        department, concerned with carrying out 
                        this chapter, with protecting the 
                        facilities, with protecting public 
                        safety, or with national security 
                        issues;
                          (ii) in an administrative or judicial 
                        proceeding brought under this chapter 
                        or one that addresses terrorist actions 
                        or threats of such actions; and
                          (iii) to such other persons as the 
                        Secretary determines necessary to 
                        protect public safety and security.
                  (C) Disclosure determinations.--The 
                Secretary, by regulation, may make a 
                determination regarding disclosure under 
                subparagraph (A) with respect to a category of 
                information or a class of persons.
                  (D) Relationship to title 5.--A release of 
                information withheld from public disclosure 
                under subparagraph (A) to persons identified in 
                subparagraph (B) is not a release to the public 
                within the meaning of section 552 of title 5.

           *       *       *       *       *       *       *

  (l) Safety Orders.--If the Secretary decides that a pipeline 
facility has a potentially unsafe condition, the Secretary may 
order the operator of the facility to take necessary corrective 
action, including physical inspection, testing, repair, 
replacement, or other appropriate action to remedy the unsafe 
condition.
  (m) Security Orders.--If the Secretary decides that a 
pipeline facility has a vulnerability to terrorist attacks, the 
Secretary may order that the operator of the facility take 
necessary actions to eliminate or reduce the vulnerability.

Sec. 60118. Compliance and waivers

  (a) General Requirements.--A person owning or operating a 
pipeline facility shall--
          (1) * * *
          (2) prepare and carry out a plan for inspection and 
        maintenance required under section 60108(a) and (b) of 
        this title; [and]
          (3) allow access to or copying of records, make 
        reports and provide information, and allow entry or 
        inspection required under section 60117(a)-(d) of this 
        title[.]; and
          (4) conduct a risk analysis, and adopt and implement 
        an integrity management program, for pipeline 
        facilities as required under section 60109(c).

           *       *       *       *       *       *       *


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)] 60114(b) 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] 
$50,000 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] $750,000.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 60123. Criminal penalties

  (a) General Penalty.--A person knowingly and willfully 
violating section [60114(c)] 60114(b), 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 an interstate 
gas pipeline facility or interstate hazardous liquid pipeline 
facility, or attempting or conspiring to do such an act, as an 
act of terrorism or for any other purpose shall be fined under 
title 18, imprisoned for not more than 20 years, or both, and, 
if death results to any person, shall be imprisoned for any 
term of years or for life.

           *       *       *       *       *       *       *

  (d) Penalty for Not Using One-Call Notification System or Not 
Heeding Location Information or Markings.--A person shall be 
fined under title 18, imprisoned for not more than 5 years, or 
both, if the person [knowingly and willfully]--
          (1) knowingly and willfully engages in an excavation 
        activity--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) subsequently damages--
                  (A) * * *
                  [(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, and knows or has 
                reason to know of the damage, but does not 
                report the damage promptly to the operator of 
                the pipeline facility and to other appropriate 
                authorities; or

           *       *       *       *       *       *       *


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.
  [(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.]
  (a) Gas and Hazardous Liquid.--To carry out this chapter 
(except for sections 60107 and 60130) related to gas and 
hazardous liquid, the following amounts are authorized to be 
appropriated to the Department of Transportation:
          (1) $35,500,000 for fiscal year 2002, of which 
        $29,500,000 is to be derived from user fees for fiscal 
        year 2002 collected under section 60301 of this title.
          (2) $37,900,000 for fiscal year 2003, of which 
        $31,900,000 is to be derived from user fees for fiscal 
        year 2003 collected under section 60301 of this title.
          (3) $41,700,000 for fiscal year 2004, of which 
        $35,700,000 is to be derived from user fees for fiscal 
        year 2004 collected under section 60301 of this title.
          (4) $47,100,000 for fiscal year 2005, of which 
        $41,100,000 is to be derived from user fees for fiscal 
        year 2005 collected under section 60301 of this title.
  [(c)] (b) 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.]
          (A) $18,500,000 for fiscal year 2002, of which 
        $13,500,000 is to be derived from user fees for fiscal 
        year 2002 collected under section 60301 of this title.
          (B) $19,800,000 for fiscal year 2003, of which 
        $14,800,000 is to be derived from user fees for fiscal 
        year 2003 collected under section 60301 of this title.
          (C) $21,700,000 for fiscal year 2004, of which 
        $16,700,000 is to be derived from user fees for fiscal 
        year 2004 collected under section 60301 of this title.
          (D) $24,600,000 for fiscal year 2005, of which 
        $19,600,000 is to be derived from user fees for fiscal 
        year 2005 collected under section 60301 of this title.

           *       *       *       *       *       *       *

  (c) Pipeline Integrity Research, Development, and 
Demonstration.--In addition to amounts authorized under 
subsections (a) and (b), not more than $3,000,000 for each of 
fiscal years 2002 through 2005 may be appropriated to the 
Secretary to carry out section 60130.
  [(d) Grants for One-Call Notification Systems.--Not more than 
$__________ may be appropriated to the Secretary for the fiscal 
year ending September 30, 19__, to carry out section 60114(b) 
of this title. Amounts under this subsection remain available 
until expended.]
  [(e)] (d) Crediting Appropriations for Expenditures for 
Training.--The Secretary may credit to an appropriation 
authorized under subsection (a) [or (b) of this section] 
amounts received from sources other than the Government for 
reimbursement for expenses incurred by the Secretary in 
providing training.
  (e) Emergency Response Grants.--There are authorized to be 
appropriated $6,000,000 for each of fiscal years 2002, 2003, 
and 2004 to carry out subsection (d) of section 60116.
  [(f) 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. 60127. Population encroachment

  [(a) Land Use Recommendations.--The Secretary of 
Transportation shall make available to an appropriate official 
of each State, as determined by the Secretary, the land use 
recommendations of the special report numbered 219 of the 
Transportation Research Board, entitled ``Pipelines and Public 
Safety''.
  [(b) Evaluation.--The Secretary shall--
          [(1) evaluate the recommendations in the report 
        referred to in subsection (a);
          [(2) determine to what extent the recommendations are 
        being implemented;
          [(3) consider ways to improve the implementation of 
        the recommendations; and
          [(4) consider other initiatives to further improve 
        awareness of local planning and zoning entities 
        regarding issues involved with population encroachment 
        in proximity to the rights-of-way of any interstate gas 
        pipeline facility or interstate hazardous liquid 
        pipeline facility.]

Sec. 60127. Population encroachment

  (a) Study.--The Secretary of Transportation, in consultation 
with appropriate Federal agencies and State and local 
governments, shall undertake a study of land use practices and 
zoning ordinances with regard to pipeline rights-of-way.
  (b) Purpose of Study.--The purpose of the study shall be to 
gather information on land use practices and zoning 
ordinances--
          (1) to determine effective practices to limit 
        encroachment on existing pipeline rights-of-way;
          (2) to address and prevent the hazards and risks to 
        the public and the environment associated with 
        encroachment on pipeline rights-of-way; and
          (3) to raise the awareness of the risks and hazards 
        of encroachment on pipeline rights-of-way.
  (c) Considerations.--In conducting the study, the Secretary 
shall consider, at a minimum, the following:
          (1) The legal authority of Federal agencies and State 
        and local governments in controlling land use and the 
        limitations on such authority.
          (2) The current practices of Federal agencies and 
        State and local governments in addressing land use 
        issues involving a pipeline easement.
          (3) The most effective way to encourage Federal 
        agencies and State and local governments to monitor and 
        reduce encroachment upon pipeline rights-of-way.
  (d) Report.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this subsection, the Secretary shall 
        publish a report identifying practices, laws, and 
        ordinances that are most successful in addressing 
        issues of encroachment on pipeline rights-of-way so as 
        to more effectively protect public safety and the 
        environment.
          (2) Distribution of report.--The Secretary shall 
        provide a copy of the report to--
                  (A) Congress and appropriate Federal 
                agencies; and
                  (B) States for further distribution to 
                appropriate local authorities.
          (3) Adoption of practices, laws, and ordinances.--The 
        Secretary shall encourage Federal agencies and State 
        and local governments to adopt and implement 
        appropriate practices, laws, and ordinances, as 
        identified in the report, to address the risks and 
        hazards associated with encroachment upon pipeline 
        rights-of-way.
  (e) Local Assistance.--
          (1) In general.--In conducting the study and 
        preparing the report under this section, the Secretary 
        shall consult with a group of State and local officials 
        selected by the Secretary. The Secretary shall begin 
        consulting with the group not later than 90 days after 
        the date of enactment of this subsection.
          (2) Membership.--The group shall be composed of 
        members selected by the Secretary from among elected 
        officials of State and local governments representing 
        areas in which pipeline facilities are located. At 
        least one of the members shall be an elected official 
        of a local government with a population of less than 
        10,000.
          (3) Federal advisory committee act.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the group established under this subsection.

           *       *       *       *       *       *       *


Sec. 60129. Qualification of pipeline personnel

  (a) Qualification Program.--Not later than one year after the 
date of enactment of this section, each operator of a gas 
pipeline or hazardous liquid pipeline facility shall adopt and 
implement a written qualification program that ensures that all 
individuals performing covered tasks for the facility are 
qualified to perform such tasks.
  (b) Elements of Qualification Programs.--A qualification 
program adopted by an operator under subsection (a) shall 
include, at a minimum, the following elements:
          (1) A method for examining or testing the 
        qualifications of individuals performing covered tasks 
        for the facility. Such method may not be limited to 
        observation of on-the-job performance unless such 
        observation includes a written performance evaluation.
          (2) A requirement that the operator complete the 
        qualification of all individuals performing covered 
        tasks for the facility not later than 18 months after 
        the date of adoption of the program.
          (3) A periodic requalification component that 
        provides for examination or testing of individuals in 
        accordance with paragraph (1).
  (c) Review of Qualification Programs.--
          (1) Review of programs.--
                  (A) In general.--The Secretary or a State 
                authority responsible for enforcing standards 
                prescribed under this chapter shall review the 
                qualification program of an operator and record 
                the results of that review for use in the next 
                review of an operator's program.
                  (B) Context of review.--The Secretary or 
                State authority may conduct a review under 
                subparagraph (A) as an element of its 
                inspection of an operator.
                  (C) Inadequate programs.--If the Secretary or 
                a State authority determines that a 
                qualification program is inadequate for the 
                safe operation of a pipeline facility, the 
                Secretary or State authority shall act under 
                section 60108(a)(2) to require the operator to 
                revise the qualification program.
          (2) Amendments to programs.--In order to facilitate 
        reviews under this subsection, an operator shall notify 
        the Secretary or State authority, as appropriate, of 
        any amendment made to the operator's qualification 
        program not later than 30 days after the date of 
        adoption of the amendment.
          (3) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
  (d) Covered Task Defined.--In this section, the term 
``covered task''--
          (1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 192.801 of title 
        49, Code of Federal Regulations, as in effect on the 
        date of enactment of this section; and
          (2) with respect to a hazardous liquid pipeline 
        facility, has the meaning such term has under section 
        195.501 of such title, as in effect on the date of 
        enactment of this section.

Sec. 60130. Security of pipeline facilities

  (a) Terrorism Security Programs.--
          (1) In general.--Subject to the requirements of this 
        subsection, the Secretary of Transportation shall 
        require the operator of a pipeline facility to develop 
        and implement a terrorism security program.
          (2) Contents of programs.--
                  (A) In general.--A terrorism security program 
                of a pipeline operator shall consist of written 
                procedures to follow and actions to take in the 
                event of a terrorist attack on a pipeline 
                facility or an attack on other infrastructure 
                facilities in the United States. Such 
                procedures shall include procedures for 
                communicating with military, law enforcement, 
                emergency service, and other appropriate State 
                and local government and non-government 
                entities.
                  (B) Standard.--A terrorism security program 
                of a pipeline operator shall require the 
                operator to establish and implement reasonable 
                procedures to safeguard the pipeline facility 
                and safely maintain its operations.
          (3) Approval of programs.--Not later than 1 year 
        after the date of enactment of this section, the 
        Secretary shall conduct a review of, and approve or 
        disapprove, the terrorism security program of each 
        pipeline operator. The Secretary shall prescribe 
        procedures for the review and standards for the 
        approval of such programs.
  (b) Technical Assistance.--The Secretary may provide 
technical assistance to an operator of a pipeline facility, or 
to State, tribal, or local officials, to prevent or respond to 
acts of terrorism that may affect the pipeline facility. Such 
technical assistance may include at a minimum--
          (1) actions by the Secretary that support the use of 
        National Guard or State or Federal personnel to provide 
        additional security for a pipeline facility at risk of 
        terrorist attack or in response to such an attack;
          (2) use of resources available to the Secretary to 
        develop and implement security measures for a pipeline 
        facility;
          (3) identification of security issues with respect to 
        the operation of a pipeline facility; and
          (4) the provision of information and guidance on 
        security practices that prevent damage to pipeline 
        facilities from terrorist attacks.

Sec. 60131. National pipeline mapping system

  (a) Information To Be Provided.--Not later than 30 days after 
the date of enactment of this section, the operator of a 
pipeline facility shall provide to the Secretary of 
Transportation the following information with respect to the 
facility:
          (1) Geospatial data appropriate for use in the 
        National Pipeline Mapping System or data in a format 
        that can be readily converted to geospatial data.
          (2) The name and address of the person with primary 
        operational control to be identified as its operator 
        for purposes of this chapter.
          (3) A means for a member of the public to contact the 
        operator for additional information about the pipeline 
        facilities it operates.
  (b) Updates.--A person providing information under subsection 
(a) shall provide to the Secretary periodic updates of the 
information to reflect changes in the pipeline facility owned 
or operated by the person and as otherwise required by the 
Secretary.
  (c) Technical Assistance To Improve Local Response 
Capabilities.--The Secretary may provide technical assistance 
to State and local officials to improve local response 
capabilities for pipeline emergencies by adapting information 
available through the National Pipeline Mapping System to 
software used by emergency response personnel responding to 
pipeline emergencies.

Sec. 60132. Administrative process for permitting of pipeline repair 
                    activity

  (a) Interagency Committee.--
          (1) Establishment.--Within 30 days after the date of 
        enactment of the Pipeline Infrastructure Protection to 
        Enhance Security and Safety Act, the President shall 
        establish an Interagency Committee on Pipeline Repair 
        Permitting (in this section referred to as the 
        ``Interagency Committee'').
          (2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) 
        shall chair the Interagency Committee, which shall also 
        include each of the following persons (or a designee 
        thereof):
                  (A) The Secretary.
                  (B) The Administrator of the Environmental 
                Protection Agency.
                  (C) The Director of the United States Fish 
                and Wildlife Service.
                  (D) The Assistant Administrator for Fisheries 
                of the National Oceanic and Atmospheric 
                Administration.
                  (E) The Director of the Bureau of Land 
                Management.
                  (F) The Director of the Minerals Management 
                Service.
                  (G) The Assistant Secretary of the Army for 
                Civil Works.
                  (H) The Chairman of the Federal Energy 
                Regulatory Commission.
          (3) Purposes.--The Interagency Committee shall 
        evaluate current Federal permitting requirements to 
        which access, excavation, and restoration activities in 
        connection with pipeline repairs may be subject and 
        shall recommend to the Secretary a process by which 
        owners or operators of pipelines (in this section 
        referred to as ``pipeline operators'') may commence and 
        complete all such activities necessary to carry out 
        pipeline repairs that must be completed within time 
        periods specified by rule by the Secretary under the 
        integrity management program. As part of its 
        evaluation, the Interagency Committee shall examine 
        access, excavation, and restoration activities 
        currently used in the pipeline industry in connection 
        with pipeline repairs and shall develop a compendium of 
        best practices used by the industry to access, 
        excavate, and restore the site of a pipeline repair.
          (4) State and local consultation.--In carrying out 
        this subsection, the Interagency Committee shall 
        consult with appropriate State and local environmental, 
        pipeline safety, and emergency response officials and 
        such other officials as the Interagency Committee deems 
        appropriate.
  (b) Implementation.--
          (1) Proposed rule.--Within 180 days after the date of 
        enactment of the Pipeline Infrastructure Protection to 
        Enhance Security and Safety Act, the Interagency 
        Committee shall present its evaluation and 
        recommendations to the Secretary. Within 30 days after 
        the date on which such evaluation and recommendations 
        are presented, the Secretary shall propose a rule, 
        based on and consistent with such recommendations, to 
        establish a process by which pipeline operators may 
        commence and complete all access, excavation, and 
        restoration activities necessary to carry out pipeline 
        repairs that must be completed within time periods 
        specified by rule by the Secretary under the integrity 
        management program. Such proposed rule shall contain 
        the provisions required by paragraph (2) and shall 
        incorporate, to the extent practicable and cost 
        effective, the compendium of best practices developed 
        by the Interagency Committee.
          (2) Final rule.--
                  (A) Issuance.--The Secretary shall issue a 
                final rule not later than 180 days after the 
                date on which the Interagency Committee 
                presents its evaluation and recommendations to 
                the Secretary.
                  (B) Content.--The final rule shall--
                          (i) provide that a pipeline operator 
                        carrying out a pipeline repair project 
                        as part of its pipeline integrity 
                        management program may proceed with the 
                        project only if the operator provides 
                        notice to the Secretary that the 
                        operator is proceeding with the repairs 
                        in compliance with the applicable best 
                        practices incorporated in such final 
                        rule and the Secretary concurs;
                          (ii) provide that if the Secretary 
                        disapproves of the operator proceeding 
                        with the repairs as described in the 
                        operator's notice, the Secretary shall 
                        provide notice to the operator of the 
                        disapproval in the 7-day period 
                        beginning on the date of receipt by the 
                        Secretary of the operator's notice, 
                        together with a description of the 
                        actions that the operator must take to 
                        receive the Secretary's concurrence;
                          (iii) provide that if the Secretary 
                        does not provide notice to an operator 
                        of the Secretary's disapproval of the 
                        operator proceeding with the repairs as 
                        described in the operator's notice in 
                        the 7-day period described in clause 
                        (ii), the Secretary shall be deemed to 
                        concur;
                          (iv) provide that if the Secretary 
                        disapproves of the operator proceeding 
                        with the repairs as described in the 
                        operator's notice, the Secretary shall 
                        provide the operator with an 
                        opportunity to resubmit a notice for 
                        the pipeline repair project under 
                        clause (i); and
                          (v) require a certification to the 
                        Secretary following completion of the 
                        repair project that the project was 
                        completed in compliance with all such 
                        best practices.
                  (C) Effective date.--The final rule shall be 
                made effective no later than 90 days after it 
                is published in the Federal Register.
  (c) Relationship to Other Permits.--
          (1) Other federal permits.--A pipeline operator that 
        proceeds to carry out a pipeline repair project under 
        the provisions of the final rule described in 
        subsection (b) shall not be required to obtain a permit 
        from any other Federal agency before carrying out such 
        repair project, except as may be provided in such final 
        rule.
          (2) Savings provisions; no preemption.--Nothing in 
        this section shall be construed in connection with a 
        particular repair situation--
                  (A) to require a pipeline operator to comply 
                with the final rule described in subsection (b) 
                if no Federal permit would otherwise have been 
                required under Federal law;
                  (B) to prohibit a pipeline operator from 
                opting to obtain all permits otherwise 
                necessary under Federal law rather than 
                proceeding under the final rule described in 
                subsection (b); or
                  (C) to preempt otherwise applicable State and 
                local permitting requirements.
  (d) Repair Projects not Comporting With Best Practices.--
          (1) Preparation of site management plan.--In the case 
        of any pipeline repair that must be completed within 
        time periods specified by rule by the Secretary under 
        the integrity management program, but for which repair 
        activities may not proceed under subsection (b) because 
        the repair is not able to comport with the requirements 
        of the final rule issued thereunder or for any other 
        reason, or any repair project on which work has been 
        commenced but which the pipeline operator thereafter 
        discovers cannot comport with such requirements, the 
        pipeline operator shall prepare a specific site 
        management plan for the proposed access, excavation, 
        and restoration activities.
          (2) Submission of plan to permitting agencies.--Such 
        plan shall be submitted to all applicable permitting 
        agencies for review and approval, and to the Secretary. 
        In the event an agency has not approved a permit 
        application within 60 days after its submission, or has 
        not issued a denial of such application within 60 days 
        together with a specification of items in the 
        application requiring correction, the pipeline operator 
        shall be permitted to proceed with the proposed repair 
        activities as provided in its site management plan.
          (3) Failure to adhere to plan.--If the pipeline 
        operator fails to adhere to its site management plan 
        and such failure results in damage to human health, 
        public safety, or the environment, the owner or 
        operator shall be subject to such civil and criminal 
        remedies and penalties as are otherwise provided by 
        Federal, State, and local law.
  (e) Interim Operational Alternatives.--
          (1) In general.--Within 30 days after the date of 
        enactment of the Pipeline Infrastructure Protection to 
        Enhance Security and Safety Act, the Secretary shall 
        commence a rulemaking to permit pressure reduction, 
        line monitoring, and other mitigation measures to be 
        employed, as appropriate, during the period between 
        such date of enactment and the date on which the final 
        rule issued under subsection (b) becomes effective, on 
        pipeline facilities subject to time periods for repair 
        specified by rule by the Secretary under the integrity 
        management program. Such alternative mitigation 
        measures shall be available only to a pipeline operator 
        that, with respect to a particular repair project, has 
        applied for and is pursuing in good faith all required 
        Federal, State, and local permits to carry out the 
        project.
          (2) Factors to consider.--In issuing the final rule 
        under this subsection, the Secretary shall consider the 
        need to protect human health, public safety, and the 
        environment, to ensure continuity in energy supplies, 
        and to avoid conflict between and among regulatory 
        regimes.
          (3) Deadline for issuance.--The Secretary shall issue 
        a final rule under this subsection within 90 days after 
        the date on which a notice of proposed rulemaking is 
        published in the Federal Register.
  (f) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving 
disagreements between the permitting agency and the pipeline 
operator during agency review of any pipeline repair activity, 
or during the review of any permit application under subsection 
(d), consistent with protection of human health, public safety, 
and the environment.
  (g) State and Local Permitting Processes.--The Secretary 
shall encourage States and local governments to streamline 
their respective permitting processes for pipeline repair 
projects subject to time periods for repair specified by rule 
by the Secretary under pipeline integrity management programs. 
The Secretary may request other relevant Federal agencies to 
provide technical assistance to States and local governments 
for the purpose of encouraging such streamlining.
  (h) Purpose and Need.--For any environmental review, 
analysis, opinion, permit, license, or approval issued or made 
under this section, the relevant Federal or State agency shall 
be bound by the project purpose and need as defined by the 
Secretary.

Sec. 60133. Protection of employees providing pipeline safety 
                    information

  (a) Discrimination Against Pipeline Employees.--No pipeline 
operator, or contractor or subcontractor of a pipeline 
operator, 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) refused to engage in any practice made unlawful 
        by this chapter or any other Federal law relating to 
        pipeline safety, if the employee has identified the 
        alleged illegality to the employer;
          (3) 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;
          (4) testified or is about to testify in such a 
        proceeding; or
          (5) 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 file (or have any person file on his 
        or her behalf), not later than 90 days after the date 
        on which such violation occurs, 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 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 
                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 (5) 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 (5) 
                        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, 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 
                determines that a violation of subsection (a) 
                has occurred, the Secretary 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, 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, by the complainant for, or in 
                connection with, the bringing the complaint 
                upon which the order was issued.
                  (C) Frivolous complaints.--If the Secretary 
                finds that a complaint under paragraph (1) 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.
          (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. 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 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 
        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.
  (d) Nonapplicability To Deliberate Violations.--Subsection 
(a) shall not apply with respect to an employee of a pipeline 
operator, contractor, or subcontractor who, acting without 
direction from the pipeline operator, 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 operator.

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