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




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

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



 
 PIPELINE INFRASTRUCTURE PROTECTION TO ENHANCE SECURITY AND SAFETY ACT

                                _______
                                

                 July 23, 2002.--Ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3609]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, 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.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................    17
Background and Need for Legislation..............................    17
Hearings.........................................................    18
Committee Consideration..........................................    19
Committee Votes..................................................    19
Committee Oversight Findings.....................................    19
Statement of General Performance Goals and Objectives............    19
New Budget Authority, Entitlement Authority, and Tax Expenditures    19
Committee Cost Estimate..........................................    19
Congressional Budget Office Estimate.............................    19
Federal Mandates Statement.......................................    24
Advisory Committee Statement.....................................    24
Constitutional Authority Statement...............................    24
Applicability to Legislative Branch..............................    24
Section-by-Section Analysis of the Legislation...................    24
Changes in Existing Law Made by the Bill, as Reported............    30

                               Amendment

  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. Protection of employees providing pipeline safety information.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Certification of pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.

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 2003 through 
        2006''.
          (2) For administration.--Section 6107(b) is amended by 
        striking ``for fiscal years 1999, 2000, and 2001'' and 
        inserting ``for fiscal years 2003 through 2006''.

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'';
          (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''; and
          (4) by adding after paragraph (2) the following:
``Penalties under this subsection may be reduced in the case of a 
violation that is promptly reported by the violator.''.

SEC. 4. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.

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

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

  ``(a) Discrimination Against Employee.--(1) No employer may discharge 
any employee or otherwise discriminate against any employee with 
respect to his compensation, terms, conditions, or privileges of 
employment because the employee (or any person acting pursuant to a 
request of the employee)--
          ``(A) provided, caused to be provided, or is about to provide 
        or cause to be provided, to the employer or the Federal 
        Government information relating to any violation or alleged 
        violation of any order, regulation, or standard under this 
        chapter or any other Federal law relating to pipeline safety;
          ``(B) 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;
          ``(C) provided, caused to be provided, or is about to provide 
        or cause to be provided, testimony before Congress or at any 
        Federal or State proceeding regarding any provision (or 
        proposed provision) of this chapter or any other Federal law 
        relating to pipeline safety;
          ``(D) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this 
        chapter or any other Federal law relating to pipeline safety, 
        or a proceeding for the administration or enforcement of any 
        requirement imposed under this chapter or any other Federal law 
        relating to pipeline safety;
          ``(E) provided, caused to be provided, or is about to provide 
        or cause to be provided, testimony in any proceeding described 
        in subparagraph (D); or
          ``(F) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        manner in such a proceeding or in any other action to carry out 
        the purposes of this chapter or any other Federal law relating 
        to pipeline safety.
  ``(2) For purposes of this section, the term `employer' means--
          ``(A) a person owning or operating a pipeline facility; or
          ``(B) a contractor or subcontractor of such a person.
  ``(b) Department of Labor Complaint Procedure.--
          ``(1) Filing and notification.--A person who believes that he 
        or she has been discharged or otherwise discriminated against 
        by any person in violation of subsection (a) may, not later 
        than 180 days after the date on which such violation occurs, 
        file (or have any person file on his or her behalf) a complaint 
        with the Secretary of Labor alleging such discharge or 
        discrimination. Upon receipt of such a complaint, the Secretary 
        of Labor shall notify, in writing, the person or persons named 
        in the complaint and the Secretary of Transportation 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 or persons 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 or persons 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 of Labor to present statements from 
                witnesses, the Secretary of Labor shall conduct an 
                investigation and determine whether there is reasonable 
                cause to believe that the complaint has merit and 
                notify in writing the complainant and the person or 
                persons alleged to have committed a violation of 
                subsection (a) of the Secretary of Labor's findings. If 
                the Secretary of Labor concludes that there is 
                reasonable cause to believe that a violation of 
                subsection (a) has occurred, the Secretary of Labor 
                shall include with the Secretary of Labor's findings 
                with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 60 days 
                after the date of notification of findings under this 
                subparagraph, any person alleged to have committed a 
                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 60-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                  ``(B) Requirements.--
                          ``(i) Required showing by complainant.--The 
                        Secretary of Labor shall dismiss a complaint 
                        filed under this subsection and shall not 
                        conduct an investigation otherwise required 
                        under subparagraph (A) unless the complainant 
                        makes a prima facie showing that any behavior 
                        described in paragraphs (1) through (4) of 
                        subsection (a) was a contributing factor in the 
                        unfavorable personnel action alleged in the 
                        complaint.
                          ``(ii) Showing by employer.--Notwithstanding 
                        a finding by the Secretary of Labor 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 of Labor may 
                        determine that a violation of subsection (a) 
                        has occurred only if the complainant 
                        demonstrates that any behavior described in 
                        paragraphs (1) through (4) of subsection (a) 
                        was a contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                          ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates by clear and convincing evidence 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
          ``(3) Final order.--
                  ``(A) Deadline for issuance; settlement agreements.--
                Not later than 90 days after the date of conclusion of 
                a hearing under paragraph (2), the Secretary of Labor 
                shall issue a final order providing the relief 
                prescribed by this paragraph or denying the complaint. 
                At any time before issuance of a final order, a 
                proceeding under this subsection may be terminated on 
                the basis of a settlement agreement entered into by the 
                Secretary of Labor, the complainant, and the person or 
                persons alleged to have committed the violation.
                  ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person or persons 
                who committed such violation to--
                          ``(i) take affirmative action to abate the 
                        violation;
                          ``(ii) reinstate the complainant to his or 
                        her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                          ``(iii) provide compensatory damages to the 
                        complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person or persons against whom 
                the order is issued a sum equal to the aggregate amount 
                of all costs and expenses (including attorney's and 
                expert witness fees) reasonably incurred, as determined 
                by the Secretary of Labor, by the complainant for, or 
                in connection with, the bringing the complaint upon 
                which the order was issued.
                  ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor may award to the prevailing employer 
                a reasonable attorney's fee not exceeding $1,000.
          ``(4) Review.--
                  ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review must be filed not later than 60 
                days after the date of issuance of the final order of 
                the Secretary of Labor. Review shall conform to chapter 
                7 of title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                  ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
          ``(5) Enforcement of order by secretary of labor.--Whenever 
        any person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action 
        in the United States district court for the district in which 
        the violation was found to occur to enforce such order. In 
        actions brought under this paragraph, the district courts shall 
        have jurisdiction to grant all appropriate relief, including, 
        but not to be limited to, injunctive relief and compensatory 
        damages.
          ``(6) Enforcement of order by parties.--
                  ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person or persons 
                to whom such order was issued to require compliance 
                with such order. The appropriate United States district 
                court shall have jurisdiction, without regard to the 
                amount in controversy or the citizenship of the 
                parties, to enforce such order.
                  ``(B) Attorney fees.--The court, in issuing any final 
                order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award costs is appropriate.
  ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code.
  ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an action of an employee of an employer 
who, acting without direction from the employer (or such employer's 
agent), deliberately causes a violation of any requirement relating to 
pipeline safety under this chapter or any other law of the United 
States.''.
  (b) Civil Penalty.--Section 60122(a) is amended by adding at the end 
the following:
  ``(3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of not more 
than $1,000 for each violation. The penalties provided by paragraph (1) 
do not apply to a violation of section 60129 or an order issued 
thereunder.''.
  (c) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by adding at the end the following:

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

SEC. 5. SAFETY 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.''.

SEC. 6. PENALTIES.

  (a) Pipeline Facilities Hazardous to Life and Property.--
          (1) General authority.--Section 60112(a) is amended to read 
        as follows:
  ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide that a pipeline 
facility is hazardous if the Secretary decides that--
          ``(1) operation of the facility is or would be hazardous to 
        life, property, or the environment; or
          ``(2) the facility is or would be constructed or operated, or 
        a component of the facility is or would be constructed or 
        operated, with equipment, material, or a technique that the 
        Secretary decides is hazardous to life, property, or the 
        environment.''.
          (2) Corrective action orders.--Section 60112(d) is amended by 
        striking ``is hazardous'' and inserting ``is or would be 
        hazardous''.
  (b) Enforcement.--(1) Section 60122(a)(1) is amended--
          (A) by striking ``$25,000'' and inserting ``$100,000''; and
          (B) by striking ``$500,000'' and inserting ``$1,000,000''.
  (2) Section 60122(b) is amended by striking ``under this section'' 
and all that follows through paragraph (4) and inserting ``under this 
section--
          ``(1) the Secretary shall consider--
                  ``(A) the nature, circumstances, and gravity of the 
                violation, including adverse impact on the environment;
                  ``(B) with respect to the violator, the degree of 
                culpability, any history of prior violations, the 
                ability to pay, and any effect on ability to continue 
                doing business; and
                  ``(C) good faith in attempting to comply; and
          ``(2) the Secretary may consider--
                  ``(A) the economic benefit gained from the violation 
                without any reduction because of subsequent damages; 
                and
                  ``(B) other matters that justice requires.''.
  (3) Section 60120(a)(1) is amended by striking the second sentence 
and inserting the following: ``The Attorney General may seek 
appropriate relief in such action, including a temporary or permanent 
injunction, punitive damages, and assessment of civil penalties, and 
the court may award such relief as appropriate.''.

SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

  (a) Grant Authority.--The Secretary of Transportation may make grants 
for technical assistance to local communities and groups of individuals 
(not including for-profit entities) relating to the safety of pipelines 
in local communities. The Secretary shall establish competitive 
procedures for awarding grants under this section, and criteria for 
selection of grant recipients. The amount of any grant under this 
section may not exceed $50,000 for a single grant recipient. The 
Secretary shall establish appropriate procedures to ensure the proper 
use of funds provided under this section.
  (b) Prohibited Uses.--Funds provided under this section may not be 
used for lobbying or in direct support of litigation.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for carrying out this 
section $1,000,000 for each of the fiscal years 2003 through 2006. Such 
amounts shall not be derived from user fees collected under section 
60301.

SEC. 8. POPULATION ENCROACHMENT.

  Section 60127 is amended to read as follows:

``Sec. 60127. Population encroachment

  ``(a) Study.--The Secretary of Transportation, in conjunction with 
the Federal Energy Regulatory Commission and 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, pipeline workers, 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, pipeline workers, 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.''.

SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

  (a) Establishment of Cooperative Program.--
          (1) In general.--The Secretary of Energy, in cooperation with 
        the Secretary of Transportation and the Director of the 
        National Institute of Standards and Technology, 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 Secretary of Energy, in 
                cooperation with the Secretary of Transportation and 
                the Director of the National Institute of Standards and 
                Technology, considers appropriate.
          (3) Activities and capabilities report.--Not later than 6 
        months after the date of the enactment of this Act, the 
        Secretary of Energy, in cooperation with the Secretary of 
        Transportation and the Director of the National Institute of 
        Standards and Technology, shall transmit to the Congress a 
        report on the existing activities and capabilities of the 
        Department of Energy, including the national laboratories, the 
        Department of Transportation, and the National Institute of 
        Standards and Technology. The report shall include the results 
        of a survey by the Secretary of Energy, in cooperation with the 
        Secretary of Transportation and the Director of the National 
        Institute of Standards and Technology, 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 the 
        enactment of this Act, the Secretary of Energy, in cooperation 
        with the Secretary of Transportation and the Director of the 
        National Institute of Standards and Technology, 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 all Federal agencies.
          (2) Consultation.--In preparing the program plan, the 
        Secretary of Energy, in cooperation with the Secretary of 
        Transportation and the Director of the National Institute of 
        Standards and Technology, shall consult with appropriate 
        representatives of State and local government and the private 
        sector, including companies owning energy pipelines and 
        developers of next-generation pipelines, to help establish 
        program priorities.
          (3) Advice from other entities.--In preparing the program 
        plan, the Secretary of Energy, in cooperation with the 
        Secretary of Transportation and the Director of the National 
        Institute of Standards and Technology, shall also seek the 
        advice of other Federal agencies, utilities, manufacturers, 
        institutions of higher learning, pipeline research 
        institutions, national laboratories, environmental 
        organizations, pipeline safety advocates, professional and 
        technical societies, labor unions, and any other appropriate 
        entities.
  (c) Pipeline Integrity Technical Advisory Committee.--
          (1) Establishment.--The Secretary of Energy, in cooperation 
        with the Secretary of Transportation and the Director of the 
        National Institute of Standards and Technology, 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 the enactment of this Act.
          (2) Duties.--The Advisory Committee shall--
                  (A) advise the Secretary of Energy, the Secretary of 
                Transportation, and the Director of the National 
                Institute of Standards and Technology 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 Secretary of Energy, the 
                Secretary of Transportation, and the Director of the 
                National Institute of Standards and Technology 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 the 
enactment of this Act, and annually thereafter, the Secretary of 
Energy, in cooperation with the Secretary of Transportation and the 
Director of the National Institute of Standards and Technology, shall 
transmit to the Congress a report on the status and results to date of 
the implementation of the program plan prepared under subsection (b).
  (e) Memorandum of Understanding.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Energy, the 
Secretary of Transportation, and the Director of the National Institute 
of Standards and Technology 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). 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) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated--
                  (A) to the Secretary of Energy $10,000,000;
                  (B) to the Secretary of Transportation $5,000,000; 
                and
                  (C) to the National Institute of Standards and 
                Technology $5,000,000,
        for each of the fiscal years 2003 through 2006 for carrying out 
        this section.
          (2) 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 of 
        title 49, United States Code.
  (g) Definitions.--For purposes of this section--
          (1) 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) 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; and
          (3) the term ``pipeline'' means an energy pipeline or a next-
        generation pipeline.

SEC. 10. CERTIFICATION OF PIPELINE QUALIFICATION PROGRAMS.

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

``Sec. 60130. Certification of pipeline qualification programs

  ``(a) In General.--Subject to the requirements of this section, the 
Secretary of Transportation shall require the operator of a pipeline 
facility to develop and adopt a qualification program to ensure that 
the personnel of the operator who perform covered tasks are qualified 
to conduct such tasks.
  ``(b) Standards and Criteria.--
          ``(1) Development.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall ensure that the 
        Department of Transportation has in place standards and 
        criteria for qualification programs referred to in subsection 
        (a).
          ``(2) Contents.--The standards and criteria shall include the 
        following:
                  ``(A) The establishment of industry standards for the 
                qualifications of personnel described in subsection 
                (a).
                  ``(B) A requirement that pipeline operators develop 
                and implement written plans and procedures to train and 
                evaluate the abilities of personnel described in 
                subsection (a) to meet the industry standards 
                established under subparagraph (A).
                  ``(C) A requirement that the plans and procedures 
                adopted by a pipeline operator under subparagraph (B) 
                be certified under subsection (e).
  ``(c) Development of Qualification Programs by Pipeline Operators.--
Not later than 2 years after the date of the enactment of this section, 
the Secretary shall require a pipeline operator to develop and adopt a 
qualification program that complies with the standards and criteria 
described in subsection (b).
  ``(d) 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 
        personnel described in subsection (a). Such method may not be 
        limited to observation of on-the-job performance, except with 
        respect to tasks for which the Secretary has determined that 
        such observation is the best method of examining or testing 
        qualifications. The Secretary shall ensure that the results of 
        any such observations are documented in writing.
          ``(2) A requirement that the operator complete the 
        qualification of all personnel described in subsection (a) not 
        later than 18 months after the date of adoption of the 
        qualification program.
          ``(3) A periodic requalification component that provides for 
        examination or testing of personnel in accordance with 
        paragraph (1).
          ``(4) A program to provide training, as appropriate, to 
        ensure that individuals performing covered tasks have the 
        necessary knowledge and skills to perform the tasks in a manner 
        that ensures the safe operation of pipeline facilities.
  ``(e) Certification of Programs.--
          ``(1) In general.--The Secretary shall certify the 
        qualification program of each pipeline operator. The 
        qualification program of a pipeline operator shall be certified 
        if the operator's program complies with the standards and 
        criteria described in subsection (b) and includes the elements 
        described in paragraphs (1) through (3) of subsection (d).
          ``(2) Agreement or state authorization.--The Secretary may 
        enter into a cooperative agreement or contract with a public or 
        private entity, or may authorize a State authority, to certify 
        qualification programs under this subsection.
          ``(3) Deadline for completion.--Certifications under this 
        subsection shall be completed not later than 3 years after the 
        date of the enactment of this section.
          ``(4) Inadequate programs.--If the Secretary decides that a 
        qualification program is inadequate for the safe operation of a 
        pipeline facility, the Secretary shall act as under section 
        60108(a)(2) to require the operator to revise the qualification 
        program.
          ``(5) Program modifications.--If the operator of a pipeline 
        facility seeks to modify significantly a program that has been 
        certified under this subsection, the operator shall submit the 
        modifications to the Secretary for approval.
          ``(6) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement of 
        this section.
          ``(7) Inaction by the secretary.--Notwithstanding any failure 
        of the Secretary to prescribe standards and criteria as 
        described in subsection (b), an operator of a pipeline facility 
        shall develop and adopt a qualification program that complies 
        with the requirement of subsection (b)(2)(B) and includes the 
        elements described in paragraphs (1) through (3) of subsection 
        (d) not later than 2 years after the date of enactment of this 
        section.
  ``(f) 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.
  ``(g) Report.--Not later than 5 years after the date of enactment of 
this section, the Secretary shall transmit to Congress a report on the 
status and results to date of the personnel qualification regulations 
issued under this chapter.''.
          (2) Conforming amendment.--The analysis for chapter 601 is 
        amended by adding at end the following:

``60130. Certification of pipeline qualification programs.''.

  (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 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 computer-based systems for controlling the 
                operations of pipelines at such facilities are required 
                to be certified under the process established under 
                subparagraph (A).
          (2) Report.--The Secretary shall include in the report 
        required under section 60130(g), as added by subsection (a) of 
        this section, 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 computer-based systems for controlling the 
                operations of pipelines;
                  (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate computer-based 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) Definition.--For purposes of this subsection, the term 
        ``computer-based systems'' means supervisory control and data 
        acquisition systems.

SEC. 11. 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 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 reassessment 
                of the facility, at a minimum of once every 7 years, 
                using methods described in subparagraph (A).
                  ``(C) Clearly defined criteria for evaluating the 
                results of inspections conducted under subparagraph (B) 
                and for taking actions based on such results.
                  ``(D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility and the 
                consequences of releases from the facility.
                  ``(E) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by an evaluation conducted under subparagraph (C) or 
                the analysis conducted under subparagraph (D).
                  ``(F) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility.
                  ``(G) A method for monitoring cathodic protection 
                systems throughout the pipeline system of the operator 
                to the extent not addressed by other regulations.
                  ``(H) If the Secretary raises a safety concern 
                relating to the facility, a description of the actions 
                to be taken by the operator to address the safety 
                concern, including issues raised with the Secretary by 
                States and local authorities under an agreement entered 
                into under section 60106.
          ``(4) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement for 
        reassessment 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) Standards.--The standards prescribed by the Secretary 
        under paragraph (2) shall address each of the following 
        factors:
                  ``(A) The minimum requirements described in paragraph 
                (3).
                  ``(B) The type or frequency of inspections or testing 
                of pipeline facilities, in addition to the minimum 
                requirements of paragraph (3)(B).
                  ``(C) The manner in which the inspections or testing 
                are conducted.
                  ``(D) The criteria used in analyzing results of the 
                inspections or testing.
                  ``(E) The types of information sources that must be 
                integrated in assessing the integrity of a pipeline 
                facility as well as the manner of integration.
                  ``(F) The nature and timing of actions selected to 
                address the integrity of a pipeline facility.
                  ``(G) Such other factors as the Secretary determines 
                appropriate to ensure that the integrity of a pipeline 
                facility is addressed and that appropriate mitigative 
                measures are adopted to protect areas identified under 
                subsection (a)(1).
        In prescribing those standards, the Secretary shall ensure that 
        all inspections required are conducted in a manner that 
        minimizes environmental and safety risks, and shall take into 
        account the applicable level of protection established by 
        national consensus standards organizations.
          ``(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 Reassessment Intervals.--
          (1) Study.--The Secretary of Transportation shall conduct a 
        study to evaluate the 7-year reassessment interval required by 
        section 60109(c)(3)(B) of title 49, United States Code, as 
        added by subsection (a) of this section.
          (2) Report.--Not later than 7 years after the date of the 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the results of the study conducted under paragraph 
        (1).

SEC. 12. SECURITY OF PIPELINE FACILITIES.

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

``Sec. 60131. Security of pipeline facilities

  ``(a) Terrorism Security Programs.--
          ``(1) In general.--Subject to the requirements of this 
        subsection, the operator of a pipeline facility shall develop 
        and implement a terrorism security program reviewed and 
        verified under paragraph (3).
          ``(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, and to safeguard pipeline workers.
          ``(3) Review and verification of programs.--Not later than 1 
        year after the date of enactment of this section, the Secretary 
        shall review the terrorism security program of each pipeline 
        operator and verify its compliance with this section. The 
        Secretary shall prescribe procedures for the review and 
        standards for the verification of such programs. The Secretary 
        shall record the results of that review for use in the next 
        review of an operator's program.
          ``(4) Inadequate programs.--If the Secretary determines that 
        a terrorism security program does not comply with the 
        requirements of this section, the Secretary shall act under 
        section 60108(a)(2) to require the operator to revise the 
        terrorism security program.
  ``(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.
  ``(c) Security Measures To Protect Against Acts of Terrorism or 
Sabotage.--
          ``(1) Rulemaking requirement.--The Secretary of 
        Transportation, not later than 60 days after the date of the 
        enactment of this subsection, after consultation with any 
        appropriate Federal, State, or nongovernmental entities, shall 
        commence a rulemaking to require effective security measures 
        which the Secretary determines are necessary to be adopted 
        against acts of terrorism or sabotage directed against 
        waterfront liquefied natural gas plants located in or within 1 
        mile of a densely populated urban area. Within 1 year after the 
        date of the enactment of this subsection, the Secretary of 
        Transportation shall issue a final rule.
          ``(2) Factors to be considered.--Regulations issued under 
        paragraph (1) shall take into account--
                  ``(A) the events of September 11, 2001;
                  ``(B) the potential for attack on facilities by 
                multiple coordinated teams totaling in the aggregate a 
                significant number of individuals;
                  ``(C) the potential for assistance in an attack from 
                several persons employed at the facility;
                  ``(D) the potential for suicide attacks;
                  ``(E) water-based and air-based threats;
                  ``(F) the potential use of explosive devices of 
                considerable size and other modern weaponry;
                  ``(G) the potential for attacks by persons with a 
                sophisticated knowledge of facility operations;
                  ``(H) the threat of fires and large explosions; and
                  ``(I) special threats and vulnerabilities affecting 
                facilities located in or within 1 mile of a densely 
                populated urban area.
          ``(3) Requirements.--Regulations issued under paragraph (1) 
        shall establish requirements for waterfront liquefied natural 
        gas plants relating to construction, operation, security 
        procedures, and emergency response, and shall require 
        conforming amendments to applicable standards and rules.
          ``(4) Operational security response evaluation.--(A) 
        Regulations issued under paragraph (1) shall include the 
        establishment of policies and procedures by the Secretary of 
        Transportation, which shall ensure that the operational 
        security response of each facility described in subparagraph 
        (B) is tested at least once every 2 years through the use of 
        force-on-force exercises to determine whether the threat 
        factors identified in regulations issued under paragraph (1) 
        have been adequately addressed.
          ``(B) Facilities subject to testing under subparagraph (A) 
        include waterfront liquefied natural gas plants located in or 
        within 1 mile of a densely populated urban area, and associated 
        support facilities and equipment.
          ``(5) Review and revision.--Regulations issued under 
        paragraph (1) shall be reviewed and revised as appropriate at 
        least once every 5 years.
          ``(6) Definitions.--For purposes of this subsection, the term 
        `densely populated urban area' means an area with a population 
        density of more than 10,000 people per square mile.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is amended by 
adding at the end the following:

``60131. Security of pipeline facilities.''.

SEC. 13. NATIONAL PIPELINE MAPPING SYSTEM.

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

``Sec. 60132. National pipeline mapping system

  ``(a) Information To Be Provided.--Not later than 6 months after the 
date of enactment of this section, the operator of a pipeline facility 
(except distribution lines and gathering lines) 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 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 amended by 
adding at the end the following:

``60132. National pipeline mapping system.''.

SEC. 14. COORDINATION OF ENVIRONMENTAL REVIEWS.

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

``Sec. 60133. Coordination of environmental reviews

  ``(a) Interagency Committee.--
          ``(1) Establishment and purpose.--Not later than 30 days 
        after the date of enactment of this section, the President 
        shall establish an Interagency Committee to develop and ensure 
        implementation of a coordinated environmental review and 
        permitting process in order to enable pipeline operators to 
        commence and complete all activities necessary to carry out 
        pipeline repairs within any time periods specified by rule by 
        the Secretary.
          ``(2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) shall 
        chair the Interagency Committee, which shall consist of 
        representatives of Federal agencies with responsibilities 
        relating to pipeline repair projects, including each of the 
        following persons (or a designee thereof):
                  ``(A) The Secretary of Transportation.
                  ``(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) Evaluation.--The Interagency Committee shall evaluate 
        Federal permitting requirements to which access, excavation, 
        and restoration activities in connection with pipeline repairs 
        described in paragraph (1) may be subject. As part of its 
        evaluation, the Interagency Committee shall examine the access, 
        excavation, and restoration practices of the pipeline industry 
        in connection with such pipeline repairs, and may develop a 
        compendium of best practices used by the industry to access, 
        excavate, and restore the site of a pipeline repair.
          ``(4) Memorandum of understanding.--Based upon the evaluation 
        required under paragraph (3) and not later than 1 year after 
        the date of enactment of this section, the members of the 
        Interagency Committee shall enter into a memorandum of 
        understanding to provide for a coordinated and expedited 
        pipeline repair permit review process in order to enable 
        pipeline operators to commence and complete all activities 
        necessary to carry out pipeline repairs within any time periods 
        specified by rule by the Secretary.
          ``(5) 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 considers appropriate.
  ``(b) Implementation.--Not later than 180 days after the completion 
of the memorandum of understanding required under subsection (a)(4), 
each agency represented on the Interagency Committee shall revise its 
regulations as necessary to implement the provisions of the memorandum 
of understanding.
  ``(c) Savings Provisions; No Preemption.--Nothing in this section 
shall be construed--
          ``(1) to require a pipeline operator to obtain a Federal 
        permit, if no Federal permit would otherwise have been required 
        under Federal law; or
          ``(2) to preempt applicable Federal, State, or local 
        environmental law.
  ``(d) Interim Operational Alternatives.--
          ``(1) In general.--Not later than 30 days after the date of 
        enactment of this section, and subject to the limitations in 
        paragraph (2), the Secretary of Transportation shall revise the 
        regulations of the Department, to the extent necessary, to 
        permit a pipeline operator subject to time periods for repair 
        specified by rule by the Secretary to implement alternative 
        mitigation measures until all applicable permits have been 
        granted.
          ``(2) Limitations.--The regulations issued by the Secretary 
        pursuant to this subsection shall not allow an operator to 
        implement alternative mitigation measures pursuant to paragraph 
        (1) unless--
                  ``(A) allowing the operator to implement such 
                measures would be consistent with the protection of 
                human health, public safety, and the environment;
                  ``(B) the operator, with respect to a particular 
                repair project, has applied for and is pursuing 
                diligently and in good faith all required Federal, 
                State, and local permits to carry out the project; and
                  ``(C) the proposed alternative mitigation measures 
                are not incompatible with pipeline safety.
  ``(e) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving disagreements 
between Federal, State, and local permitting agencies and the pipeline 
operator during agency review of any pipeline repair activity, 
consistent with protection of human health, public safety, and the 
environment.
  ``(f) State and Local Permitting Processes.--The Secretary shall 
encourage States and local governments to consolidate their respective 
permitting processes for pipeline repair projects subject to any time 
periods for repair specified by rule by the Secretary. The Secretary 
may request other relevant Federal agencies to provide technical 
assistance to States and local governments for the purpose of 
encouraging such consolidation.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is amended by 
adding at the end the following:

``60133. Coordination of environmental reviews.''.

SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYSTEM.

  Within 1 year after the date of the enactment of this Act, the 
Secretary of Transportation shall, in conjunction with the Federal 
Communications Commission, facility operators, excavators, and one-call 
notification system operators, provide for the establishment of a 3-
digit nationwide toll-free telephone number system to be used by State 
one-call notification systems.

SEC. 16. RECOMMENDATIONS AND RESPONSES.

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

``Sec. 60134. Recommendations and responses

  ``(a) Response Requirement.--Whenever the Office of Pipeline Safety 
has received recommendations from the National Transportation Safety 
Board regarding pipeline safety, it shall submit a formal written 
response to each such recommendation within 90 days after receiving the 
recommendation. The response shall indicate whether the Office 
intends--
          ``(1) to carry out procedures to adopt the complete 
        recommendations;
          ``(2) to carry out procedures to adopt a part of the 
        recommendations; or
          ``(3) to refuse to carry out procedures to adopt the 
        recommendations.
  ``(b) Timetable for Completing Procedures and Reasons for Refusals.--
A response under subsection (a)(1) or (2) shall include a copy of a 
proposed timetable for completing the procedures. A response under 
subsection (a)(2) shall detail the reasons for the refusal to carry out 
procedures on the remainder of the recommendations. A response under 
subsection (a)(3) shall detail the reasons for the refusal to carry out 
procedures to adopt the recommendations.
  ``(c) Public Availability.--The Office shall make a copy of each 
recommendation and response available to the public, including in 
electronic form.
  ``(d) Reports to Congress.--The Office shall submit to Congress on 
January 1 of each year a report describing each recommendation on 
pipeline safety made by the National Transportation Safety Board to the 
Office during the prior year and the Office's response to each 
recommendation.''.
  (b) Conforming Amendment.--The analysis for chapter 601 is amended by 
adding at the end the following:

``60134. Recommendations and responses.''.

SEC. 17. MISCELLANEOUS AMENDMENTS.

  (a) Protection of Public Health, Welfare, and the Environment.--
Section 60102(a)(1) is amended by inserting ``in order to protect 
public health and welfare and the environment from reasonably 
anticipated threats that could be posed by such transportation and 
facilities'' after ``and for pipeline facilities''.
  (b) Conflicts of Interest.--Section 60115(b)(4) is amended by adding 
at the end the following new subparagraph:
  ``(D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in the 
pipeline, petroleum, or gas industry.''.

SEC. 18. 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)(1) 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. 19. 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 section 60107) related to gas and hazardous liquid, the following 
amounts are authorized to be appropriated to the Department of 
Transportation:
          ``(1) $45,800,000 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.
          ``(2) $46,800,000 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.
          ``(3) $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.
          ``(4) $50,000,000 for fiscal year 2006, of which $45,000,000 
        is to be derived from user fees for fiscal year 2006 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 
        (c), respectively; and
          (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
          ``(A) $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.
          ``(B) $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.
          ``(C) $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.
          ``(D) $26,500,000 for fiscal year 2006, of which $21,500,000 
        is to be derived from user fees for fiscal year 2006 collected 
        under section 60301 of this title.''.
  (c) Conforming Amendment.--Section 60125(c) (as redesignated by 
subsection (b)(1) of this section) is amended by striking ``or (b) of 
this section''.

SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT.

  Section 60102, as amended by this Act, is further amended by adding 
at the end the following new subsection:
  ``(m) Inspections by Direct Assessment.--Not later than 1 year after 
the date of the enactment of this subsection, the Secretary shall issue 
regulations prescribing standards for inspection of a pipeline facility 
by direct assessment.''.

                          Purpose and Summary

    The purpose of H.R. 3609 is to reauthorize natural gas and 
hazardous liquid pipeline safety programs through the fiscal 
year 2006.

                  Background and Need for Legislation

    The pipeline industry moves natural gas, oil, gasoline, 
diesel fuel, and other liquids from oil and gas wells, 
refineries, and other manufacturers to distribution points all 
over the United States, meeting the demand of nearly 23 
trillion cubic feet (Tcf) of natural gas per year, and 
approximately 13 billion barrels of petroleum products per 
year.
    Pipelines are regulated for safety by state and federal 
agencies. The federal pipeline safety program is administered 
by the Office of Pipeline Safety (OP, which falls under the 
purview of the Research & Special Programs Administration of 
the U.S. Department of Transportation (DOT). The Natural Gas 
Pipeline Safety Act of 1968, and the Hazardous Liquid Pipeline 
Safety Act of 1979, provide the statutory framework for the 
regulation of natural gas and hazardous liquid pipelines. The 
two acts were recodified in 1994, and in 1996, Congress passed 
the Accountable Pipeline Safety Act reauthorizing the pipeline 
safety program through fiscal year 2000.
    OPS has taken several significant actions recently. The 
following is a summary:
     Operator Qualification (published 8/27/99): This 
final rule requires pipeline operators to develop and maintain 
a written qualification program for employees whose 
responsibility is to perform safety related tasks on pipelines.
     Unusually Sensitive Areas (published 12/21/00): 
This final rule defines drinking water areas and ecological 
resources areas unusually sensitive to environmental damage 
from hazardous liquid pipeline incidents.
     High consequence areas/integrity management 
programs for large hazardous liquid pipelines (published 12/01/
00): This final rule is the first in a series of four integrity 
management rules establishing requirements for operators of 
hazardous liquid pipelines to develop and implement integrity 
management programs (IMP). This rule only applies to hazardous 
liquid pipelines of 500 miles or more.
     Corrosion (published 12/27/01): This final rule 
defines how operators must evaluate and protect against 
corrosion in a wide range of circumstances. This rule 
strengthens the standards for qualification of personnel who 
manage corrosion protection.
     Integrity repair (published 1/14/02): This final 
rule expands the methods operators must use to address 
weaknesses identified through assessments.
     Accident reporting (published 1/08/02): This final 
rule substantially improves OPS' ability to determine the exact 
cause of pipeline failures by requiring that more data be 
included in accident reports.
     High consequence areas/integrity management 
programs for small hazardous liquid pipelines (published 1/16/
02): This final rule is the second in a series of four 
integrity management rules establishing requirements for 
operators of hazardous liquid pipelines to develop and 
implement integrity management programs.
     High consequence areas gas transmission (published 
1/09/02): This notice of proposed rulemaking (NPRM) is the 
first step in finalizing the third in a series of integrity 
management rules establishing an integrity management program 
for gas transmission pipelines.
    OPS has been criticized for its failure to respond to 
Congressional mandates and recommendations from the National 
Transportation Safety Board (NTSB). In its May 2000 report, 
General Accounting Office (GAO) noted that OPS had not 
implemented 22 statutory requirements, 12 of which date from 
1992 or earlier, and had not implemented 39 recommendations 
from NTSB. By September 2001, OPS had 11 remaining statutory 
requirements outstanding and 44 open recommendations from the 
NTSB, one of which was closed since the date of the previous 
report. Six new recommendations were issued in the interim.

                                Hearings

    The Subcommittee on Energy and Air Quality held a hearing 
on Tuesday, March 19, 2002, on Reauthorization of the Natural 
Gas Pipeline Safety Act and the Hazardous Liquid Pipeline 
Safety Act. The Subcommittee received testimony from: Ms. Ellen 
G. Engleman, Administrator, Research and Special Programs 
Administration, Department of Transportation; Mr. Robert 
Chipkevich, Director, Office of Railroad, Pipeline and 
Hazardous Materials Investigations, National Transportation 
Safety Board; Mr. Peter Guerrero, Director; Physical 
Infrastructure, U.S. General Accounting Office; Mr. James D. 
Anderson, National Vice-Chairperson, National Association of 
Pipeline Safety Representatives; Mr. Mark L. Hereth, Senior 
Vice President, HSB Solomon; Mr. William J. Haener, Vice 
President of Natural Gas, CMS Engineer Corporation, on behalf 
of the Interstate Natural Gas Association of America; Mr. 
William Shea, President and CEO, Buckeye Pipe Line Company, 
L.P., on behalf of: the Association of Oil Pipe Lines; Mr. 
Herman Morris, Jr, President and Chief Executive Officer, 
Memphis Light, Gas & Water, on behalf of American Gas 
Association; Mr. Robert R. Kipp, Executive Director, Common 
Ground Alliance; Mr. Edward C.Sullivan, President, Building and 
Construction Trades Department, AFL-CIO; and Mr. Bruce Nilles, Staff 
Attorney, Earthjustice.

                        Committee Consideration

    On Tuesday, June 11, 2002, the Subcommittee on Energy and 
Air Quality met in open markup session and approved H.R. 3609, 
the Pipeline Infrastructure Protection to Enhance Security and 
Safety Act for Full Committee consideration, as amended, by a 
voice vote. On Thursday, June 13, 2002, the Committee on Energy 
and Commerce met in open markup session and favorably ordered 
reported H.R. 3609, as amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 3609 reported. A motion by Mr. Tauzin to order H.R. 3609 
reported to the House, as amended, was agreed to by a voice 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held an oversight 
hearing and made findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 3609 is to reauthorize the pipeline safety 
program through fiscal year 2006.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3609, the Pipeline Infrastructure Protection to Enhance 
Security and Safety Act, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 2002.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3609, the Pipeline 
Infrastructure Protection to Enhance Security and Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Rachel 
Milberg (for federal costs) and Lauren Marks (for the private-
sector impact).
            Sincerely,
                                         Robert A. Sunshine
                                    (for Dan L. Crippen, Director).
    Enclosure.

H.R. 3609--Pipeline Infrastructure Protection to Enhance Security and 
        Safety Act

    Summary: Under current law, the Research and Special 
Programs Administration (RSPA) within the Department of 
Transportation (DOT) oversees the safety of pipelines that 
carry either gas or hazardous liquids and provides grants to 
states for safety programs. For these activities, H.R. 3609 
would authorize a gross appropriation of $282 million over the 
2003-2006 period. Of this total, $226 million would be offset 
by the collection of fees paid by pipeline operators.
    In addition, H.R. 3609 would authorize the appropriation of 
$80 million over the 2003-2006 period for a new research 
program to improve pipeline inspection techniques, risk 
assessments, and technology to detect leaks. The bill also 
would authorize the appropriation of almost $6 million over the 
2003-2006 period for grants to state programs that help 
excavators coordinate their work with the operators of 
underground pipelines, and another $4 million over the 2003-
2006 period for grants to local communities to improve pipeline 
safety.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 3609 would have a net cost of 
$141 million over the 2003-2007 period. Enacting H.R. 3609 also 
would affect governmental receipts, so pay-as-you-go procedures 
would apply, but CBO estimates that such effects would not be 
significant.
    H.R. 3609 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA), but CBO estimates that the costs of those mandates 
would not exceed the annual thresholds established in UMRA ($58 
million for intergovernmental mandates and $115 million for 
private-sector mandates in 2002, adjusted annually for 
inflation). The bill also would authorize grants to states to 
reimburse up to 50 percent of the cost of state pipeline safety 
programs.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3609 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\

Estimated net authorization level\2\...............................       41       39       34       32        0
Estimated net outlays..............................................       18       35       31       30       27
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 3609 also would increase revenues, but CBO estimates that those effects would not be significant.
\2\ The amounts shown are the differences between the bill's authorized funding and fee collections for each
  year.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3609 will be enacted near the end of fiscal year 2002 and that 
the authorized amounts will be appropriated for each year. 
Outlay estimates are based on the historical spending patterns 
of pipeline safety programs.
    CBO estimates that implementing H.R. 3609 would cost $141 
million over the 2003-2007 period. This estimate includes net 
spending of $56 million for RSPA's oversight activities and 
grants to state safety programs, reflecting the difference 
between gross authorized appropriations of $282 million and 
authorized collections of $226 million from pipeline user fees 
over the four-year authorization period. The gross 
authorization for those activities would average about $70 
million a year; and the fees would average $56 million a year. 
By comparison, the gross appropriation for those RSPA 
activities was $58 million in 2002, and CBO estimates that fees 
for this year will total $51 million.
    H.R. 3609 would increase the minimum and maximum civil 
penalties for violating certain pipeline safety requirements, 
and it would impose civil penalties for violating employee 
protections required by the bill. collections of these 
penalties are recorded in the budget as governmental receipts. 
CBO estimates that implementing this legislation would increase 
such receipts by less than $500,000 a year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. CBO 
estimates that enacting H.R. 3609 would result in governmental 
receipts of less than $500,000 a year.
    Intergovernmental and private-sector impact: By placing 
requirements on operators of natural gas and hazardous liquid 
pipelines, H.R. 3609 would impose both intergovernmental and 
private-sector mandates as defined by UMRA. Although most 
natural gas pipeline operators are private entities, some are 
public entities; hazardous liquid pipelines are privately 
owned.
            Mandates
    Mandates in the bill would include requirements to:
           Pay user fees;
           Implement an integrity management program;
           Adopt an employee qualification program 
        certified by the Office of Pipeline Safety (OPS);
           Implement a terrorism security program;
           Provide information to OPS for the national 
        pipeline mapping system; and
           Comply with a whistleblower protection 
        program.
    Based on the information provided by OPS and industry 
representatives CBO estimates that the cost of those mandates 
would not exceed the annual thresholds for intergovernmental 
and private-sector mandates established in UMRA ($58 million 
and $115 million in 2002 respectively, adjusted annually for 
inflation).
    User Fees. Section 19 would authorize appropriations for 
DOT to carry out activities related to pipeline safety. The 
majority of each authorization would be derived from user fees, 
paid by operators of natural gas and hazardous liquid 
pipelines. By law, the fees are based upon the volume-miles, 
miles, and revenues of each pipeline operator. The 
authorization for such fees expired in 2000; however, pipeline 
operators have been required to pay such fees since that time 
through the annual DOT appropriations process and anticipate 
doing so in the absence of this legislation. Despite this, the 
reimposition of such fees would be a mandate as defined by 
UMRA.For fiscal year 2003, the bill would authorize the 
appropriation of $66 million, of which $47 million would be derived 
from user fees. Appropriations would rise to $77 million in fiscal year 
2006, of which $67 million would be derived from user fees. 
Effectively, the actual cost of this mandate would depend on the amount 
of future appropriations. According to industry sources most of these 
fees would be paid by private-sector entities, but about 1 percent 
would be paid by governmental entities such as publicly owned gas 
utilities.
    Integrity Management for Gas Pipeline Operators. Section 11 
would require operators of gas pipeline facilities to conduct a 
risk analysis for each facility located in an unusually 
sensitive area and to implement a written integrity management 
program in order to reduce the risk of accidents occurring at 
such a facility. As part of the integrity management program, 
operators would be required to periodically reinspect the 
facility at an accelerated rate relative to what would be 
required under current law. The first year pipeline operators 
would bear an additional cost because of the accelerated 
reinspection schedule--and thus, the first year that the 
mandate would be in affect--would be around 2015. Based upon 
information provided by OPS and industry sources, CBO estimates 
that the cost of shortening the deadline for reinspection would 
not exceed the annual thresholds for private-sector or 
intergovernmental mandates in any of the first five years that 
the mandate goes into effect.
    Employee Qualification Program. Section 10 would require 
pipeline operators to adopt and implement a written 
qualification program for employees who perform certain tasks. 
According to OPS and the pipeline industry, this provision 
closely mirrors an OPS operator qualification rule that 
operators must meet by October 2002. However, under the bill, 
each program would require certification by the Secretary of 
DOT within three years of the bill's enactment to ensure 
compliance with standards to be established by the Secretary. 
Based on information provided by OPS, CBO estimates that 
participation in the certification process would impose minimal 
costs on pipeline operators.
    Terrorism Security Program. Section 12 would require 
operators of pipeline facilities to develop and implement a 
terrorism security program detailing procedures to safeguard 
the pipeline facility and safely maintain operations in the 
event of a terrorist attack. Secretarial approval would be 
required for each program. According to both OPS and 
representatives of the pipeline industry, pipeline operators 
are already heavily involved in developing such plans in 
concert with a comprehensive security guidance crafted by the 
industry. Further, OPS anticipates incorporating the guidance 
into the agency's forthcoming regulations. Thus, CBO estimates 
that developing and implementing of terrorism security programs 
would impose little, if any, incremental costs on pipeline 
operators.
    In addition, section 12 would require DOT to commence a 
rulemaking that would require specialized security measures at 
liquefied natural gas plants located on a waterfront withinone 
mile of a densely populated area. Specifically, the bill would require 
that each waterfront facility located in a populated area be tested at 
least once every two years through the use of force-on-force exercises. 
According to OPS, only one facility would be affected by the 
rulemaking: Distrigas of Massachusetts Corporation. Based on 
information provided by OPS, and the nuclear power industry (where 
similar measures are conducted currently), CBO estimates that the cost 
of increasing security at the facility would be below $10 million.
    National Pipeline Mapping System. Section 13 would require 
pipeline operators, except those operating distribution and 
gathering lines, to provide OPS with information for a national 
pipeline mapping system within six months of the bill's 
enactment. DOT is currently engaged in such an effort and thus 
far, participation by pipeline operators has been voluntary. 
According to OPS, 90 percent of the required information has 
been submitted by hazardous liquid pipeline operators, while 55 
percent of the requisite information has been provided by the 
natural gas pipeline industry. Based on information provided by 
OPS and industry representatives, CBO estimates that the cost 
of the mandate would be less than $1 million annually.
    Whistleblower Protection. Section 4 would protect employees 
of pipeline operators, contractors, or subcontractors that 
provide pipeline safety information to the U.S. Government. 
Under the bill, pipeline operators would be prohibited from 
discharging or discriminating against such employees with 
respect to compensation, term, conditions, or privileges of 
employment. Employees may already possess some or all of such 
protections under several environmental statutes. Section 4 
would ensure that whistleblower protections are applicable to 
any activity governed by pipeline safety law or regulation. 
Because compliance with the broader whistleblower protections 
would involve only incremental administrative costs, CBO 
estimates that pipeline operators, their contractors and 
subcontractors would incur only minimal costs from enactment of 
this section.
            Other impacts
    Under current law, DOT is authorized to enter into 
agreements with states under which the states implement federal 
pipeline regulations applying to intrastate gas or hazardous 
liquid pipelines. Section 5 would expand DOT's authority to 
delegate the oversight of interstate pipelines to states. 
Section 10 would authorize states participating in regulatory 
agreements to review the risk analysis and integrity management 
program of certain pipeline operators, and to provide DOT with 
written assessments of those plans. Section 12 would require 
participating states to enforce new regulations related to 
employee qualification programs. Carrying out additional 
reviews and oversight responsibilities would increase 
regulatory costs for the states, but the costs would be 
incurred voluntarily.
    The bill also would authorized grants to states to 
reimburse up to 50 percent of the cost of state pipeline safety 
programs.
    Previous CBO estimate: On April 5, 2002, CBO transmitted a 
cost estimate for H.R. 3929, the Energy Pipeline Research, 
Development, and Demonstration Act, as ordered reported by the 
House Committee on Science, on March 20, 2002. This bill would 
authorize a new research program similar to the program that 
would be authorized by H.R. 3609; however, H.R. 3609 would 
authorize the appropriation of $100 million for the program.
    Estimate prepared by: Federal Costs: Rachel Milberg; state, 
local, and tribal impact: Susan Sieg Tompkins; private-sector 
impact: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       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.

                      Advisory Committee Statement

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

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to 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.

             Section-by-Section Analysis of the Legislation


Section 1. Short Title; Amendment of Title 49, United States Code; 
        table of contents

    Section 1 designates the act as the ``Pipeline 
Infrastructure Protection to Enhance Security and Safety Act.''

Section 2. One-call notification programs

    Section 2 requires that state one-call notification 
programs provide for the participation of government operators 
and contract excavators. Section 2 also requires that state 
one-call notification programs, not only provide for the 
enumerated items set forth in the statute, but must also 
document the same. Additionally, the requirement that the 
Secretary include certain information in reports submitted 
under section 60124 of Title 49 is made permanent.
    Section 2 also amends section 6105 of title 49 by requiring 
the Secretary of Transportation to encourage the states, 
operators of one-call notification programs, operators of 
underground facilities, and excavators (including government 
and contract excavators) to use the practices set forth in the 
best practices report entitled ``Common Ground,'' and requires 
the Secretary of Transportation to provide technical assistance 
to a non-profit organization specifically established for the 
purpose of reducing construction-related damage to underground 
facilities. Authorizations for appropriations for fiscal years 
2002 through 2006 are provided at $500,000 per year, but not 
from user fees collected under section 60301 of title 49.

Section 3. One-call notification of pipeline operators

    Section 3 provides for the enforcement of one-call 
notification programs by a state authority if the state's 
program meets the requirements set forth in the statute. The 
application of the term ``person'' who intends to engage in an 
activity necessitating the use of the one-call system is 
expanded to include government employees or contractors.
    Section 60123(d) is amended by rearranging the phrase 
``knowingly and willfully'' to address the problem raised when 
a court interpreted existing law to require a knowing and 
willful standard to, not only engaging in an excavation 
activity, but also to subsequently damaging a pipeline 
facility. The consequence of the court's interpretation makes 
prosecutions more difficult by requiring the government to show 
the defendant knew subsequent damages would result from 
excavation activity and that the defendant's conduct was 
willful. This section of the bill corrects the court's 
interpretation by requiring that the ``knowingly and 
willfully'' standard apply only to engaging in an excavation 
activity.
    This section also provides that penalties under the 
criminal penalties section can be reduced if a violation is 
promptly reported by the violator.

Section 4. Protection of employees providing pipeline safety 
        information

    Section 4 adds provisions for the protection of employees 
who are discharged or otherwise discriminated against with 
respect to compensation, terms, conditions, or privileges of 
employment for (1) providing information to the federal 
government about alleged violations of Federal law relating to 
pipeline safety; (2) refusing to participate in any practice 
made illegal by Federal law relating to pipeline safety; or (3) 
assisting or participating in any proceeding to carry out the 
purposes of pipeline safety legislation. This section 
establishes the procedural framework in which complaints are 
handled by the Secretary of Labor and the remedies available to 
the prevailing party.

Section 5. Safety orders

    Section 5 adds a paragraph to section 60117 of the Act to 
give the Secretary the authority to order an operator of a 
facility to take corrective action if the Secretary decides 
that a potentially unsafe condition exists.

Section 6. Penalties

    Section 6 modifies the existing penalties provision set 
forth in section 60112 so that the Secretary of Transportation 
may decide a pipeline facility is hazardous if the pipeline's 
operation, facility, construction of the facility, or any 
component of the facility is or would be hazardous. The purpose 
of the modification is to give the Secretary authority to take 
action prior to the facility, the construction of the facility, 
or any component of the facility actually becoming hazardous, 
thereby establishing a framework of preventive actions, instead 
of actions after a hazardous situation presents itself.
    Section 6 also increases the penalties for violations of 
the bill. The per day, per incident amount has been increased 
to $100,000. The maximum civil penalty for a related series of 
violations has been increased to $1,000,000. Section 6 provides 
that, in determining the amount of a civil penalty, the 
Secretary shall consider as an additional consideration, the 
adverse impact on the environment. The Secretary may consider 
the economic benefit gained from the violation without 
reduction because of subsequent damages.
    This section also modifies the enforcement section by 
specifically providing that the Attorney General may seek 
appropriate relief, including a temporary or permanent 
injunction, punitive damages, and the assessment of civil 
penalties. The current statutory language specifying that the 
Attorney General may proceed only at the request of the 
Secretary of Transportation, remains in effect.

Section 7. Pipeline safety information grants to communities

    Section 7 requires the Secretary of Transportation to make 
grants for technical assistance to local communities and groups 
of individuals (not including for-profit entities) relating to 
the safety of pipelines in local communities. The purpose of 
this provision is to give grants to people in local communities 
who desire to hire engineers in order to verify safety concerns 
that may be raised because of pipelines being located in their 
communities. In order to receive the grants, the applicants 
must compete for the grants in a competitive procedure 
established by the Secretary of Transportation, who shall also 
establish the criteria for the recipients. Additionally, the 
Secretary must establish procedures to ensure that the funds 
have been properly accounted for and spent in a manner 
consistent with the purpose of the grants. Any one grant 
recipient may not receive more than $50,000. The grant funds 
may not be used for lobbying or to fund litigation. This 
section authorizes the appropriation of $1,000,000 for each of 
the fiscal years 2003 through 2006.

Section 8. Population encroachment

    Section 8 requires the Secretary of Transportation, along 
with the Federal Energy Regulatory Commission (FERC), other 
federal agencies, and state and local governments, to study 
land use practices and zoning ordinances with regard to 
pipeline rights-of-way. Based upon the purposes set forth in 
section 8, a report is to be written that identifies successful 
methods in the law for addressing population encroachment on 
pipeline rights-of-way, being mindful of protecting the public 
safety, pipeline workers, and the environment. The report must 
be completed within one year from the date of enactment and 
provided to Congress,appropriate federal agencies, and the 
States for further distribution to the appropriate local authorities.

Section 9. Pipeline integrity research, development, and demonstration

    This section requires the Secretary of Energy, in 
cooperation with the Secretary of Transportation and the 
Director of the National Institute of Standards and Technology, 
to develop a program of research, development, demonstration, 
and standardization to ensure the integrity of pipelines.

Section 10. Certification of pipeline qualification programs

    Section 10 requires the Secretary of Transportation to 
require operators of pipeline facilities to develop 
qualification programs for their personnel who perform covered 
tasks (as defined in the Code of Federal Regulations). This 
section also requires the Secretary to have in place standards 
and criteria for such qualification programs. The Secretary is 
required to certify each operator's qualification program. In 
the event the Secretary fails to establish standards and 
criteria as set forth in this section, pipeline facility 
operators are required to develop and implement qualification 
programs based on the requirements of this section. The 
Secretary is required to report to Congress within 5 years on 
the status and results of personnel qualification regulations. 
A pilot program is established for the certification of 
individuals who operate computer-based systems for controlling 
the operations of pipelines. The pilot program seeks the 
participation of 3 pipeline facilities.

Section 11. Additional gas pipeline protections

    This section requires operators of pipeline facilities 
subject to section 60109 of the Act to adopt and implement a 
written integrity management program to reduce risks to each 
facility. Within 18 months of the enactment of the bill, this 
section requires the Secretary of Transportation to prescribe 
standards to direct each operator's conduct of a risk analysis 
and adoption and implementation of an integrity management 
program, which must occur within one year from the issuance of 
regulations by the Secretary. This section sets forth the 
minimum requirements for integrity management programs and for 
the rule regulating the same, which include a baseline 
integrity assessment of each of an operator's facilities. This 
assessment must be completed within 10 years after the date of 
the adoption of the integrity management program and a 
reassessment of each facility at a minimum of once every 7 
years.
    This section requires the Secretary of Transportation to 
issue a rule on integrity management programs, and each 
operator of a pipeline facility subject to section 60109 of the 
Act is required to adopt and implement an integrity management 
program, even if the Secretary does not issue a rule. This 
section does not apply to natural gas distribution lines 
because section 60109 of the Act does not, nor was it intended 
to, apply to natural gas distribution lines.
    The Secretary is authorized to grant waivers and 
modifications pursuant to section 60118(c) for any requirement 
for reassessment of a facility for reasons that may include the 
need to maintain local product supply or the lack of internal 
inspection devices. The waivers or modifications shall not be 
inconsistent with pipeline safety. The Secretary is encouraged 
to make use of waivers and modifications where necessary and 
not inconsistent with the purposes of pipeline safety, 
especially if local product supply may be interrupted if a 
waiver or modification is not granted.
    Section 11 also requires the Secretary of Transportation to 
conduct a study to evaluate the 7 year reassessment interval 
required by this section. The study is to be completed and 
transmitted to Congress no later than 7 years from the date of 
enactment.

Section 12. Security of pipeline facilities

    Section 12 requires the operator of a pipeline facility to 
develop and implement a terrorism security program, which must 
be reviewed and verified by the Secretary of Transportation in 
accordance with procedures and standards prescribed by the 
Secretary. The Secretary of Transportation 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.
    This section also requires the Secretary of Transportation 
to commence rule-making procedures to guard against acts of 
terrorism orsabotage against waterfront liquefied natural gas 
plants located in or within one mile of a densely populated urban area. 
A densely populated area is defined as an area with a population 
density of more than 10,000 people per square mile. The intent of this 
provision is for a ``densely populated urban area'' in this context 
apply only to Everett, Massachusetts so that the only facility subject 
to this provision is the DistriGas liquefied natural gas facility 
located in Everett, Massachusetts. The phrase ``waterfront liquefied 
natural gas plants'' is used because it is defined in the regulations 
at 49 Code of Federal Regulations, section 193.2007. The definition of 
``liquefied natural gas plant'' is as follows: ``an LNG plant with 
docks, wharves, piers, or other structures in, on, or immediately 
adjacent to the navigable waters of the United States or Puerto Rico 
and any shore area immediately adjacent to those waters to which 
vessels may be secured and at which LNG cargo operations may be 
conducted.'' It is believed that the OPS interprets the phrase ``to 
which vessels may be secured and at which LNG cargo operations may be 
conducted'' as meaning facilities in which LNG tankers can load and 
unload liquefied natural gas. Such an interpretation precludes 
facilities located elsewhere that are used primarily for peak-shaving 
plants or storage of liquefied natural gas.

Section 13. National pipeline mapping system

    This section requires operators of pipeline facilities, 
except distribution lines and gathering lines, to provide to 
the Secretary of Transportation geospatial data appropriate for 
use in the National Mapping System. The data shall include the 
name and address of the person with primary operational 
control, and a means for a member of the public to contact the 
operator for additional information about the facilities. There 
is a requirement to update the information as necessary.

Section 14. Coordination of environmental reviews

    Section 14 requires the President to establish an 
interagency committee for the purpose of developing and 
ensuring the implementation of a coordinated environmental 
review and permitting process. This process will allow pipeline 
operators to complete the activities necessary to carry out 
pipeline repairs within any time periods specified by rule by 
the Secretary of Transportation.
    The chairman of the Council on Environmental Quality shall 
chair the Interagency Committee, which shall consist of 
representatives of Federal agencies with responsibilities 
relating to pipeline repair projects. The Interagency Committee 
shall evaluate Federal permitting requirements and examine the 
access, excavation, and restoration practices of the pipeline 
industry for the purpose of developing a compendium of best 
practices used by the industry to access, excavate, and restore 
the site of a pipeline repair. Based upon the evaluation 
conducted, the members of the Interagency Committee shall enter 
into a memorandum of understanding to provide for the 
coordinated and expedited pipeline repair permit review process 
so that pipeline operators may commence and complete pipeline 
repairs within any time periods imposed on the repair projects 
by rules promulgated by the Secretary of Transportation. Each 
agency represented on the Interagency Committee is required to 
revise its regulations to implement the provisions of the 
memorandum of understanding.
    This section also provides for the implementation of 
alternative mitigation measures to be used by operators of 
pipeline facilities until all applicable permits have been 
granted. To the extent necessary, the Secretary of 
Transportation is required to revise the regulations of the 
Department to accommodate such implementation. However, such 
revisions shall not allow an operator of a pipeline facility to 
implement alternate mitigation measures unless to do so would 
be consistent with the protection of human health, public 
safety, and the environment; the operator has applied for and 
is diligently and in good faith pursuing all required Federal, 
State, and local permits necessary to carry out the repair 
project; and is compatible with pipeline safety. Depending on 
the circumstances of a particular situation, such alternative 
mitigation measures may include pressure reduction, periodic 
line monitoring, 24-hour line monitoring, and such other 
methods as the OPS determines would not violate the limitations 
set forth in this section.
    The Secretary of Transportation is required to designate an 
ombudsman to assist in expediting pipeline repairs and 
resolving disagreements between Federal, state, and local 
permitting agencies and the operator of a pipeline facility. 
The actions of the ombudsman mustbe consistent with the 
protection of human health, public safety, and the environment.
    The Secretary of Transportation is required to encourage 
states and local governments to consolidate their respective 
permitting processes for pipeline repair projects that are 
subject to any time periods for repairs specified by rule by 
the Secretary of Transportation.

Section 15. Nationwide toll-free number system

    This section requires the Secretary of Transportation to 
work in conjunction with the Federal Communications Commission 
(FCC), facility operators, excavators, and one-call 
notification system operators for the establishment of a 
nationwide toll-free 3-digit telephone number system to be used 
by state one-call notification systems.

Section 16. Recommendations and responses

    This section requires the OPS to respond to recommendations 
received from the National Transportation Safety Board (NTSB) 
within 90 days from receipt of such recommendations. Such 
responses shall state the intentions of the Office with respect 
to the recommendations, and shall state the timetable for 
completing the procedures and reasons for refusals to do so. 
The responses shall be made available to the public. The Office 
is required to submit an annual report describing each 
recommendation received and the Office's response to each 
recommendation for the previous year.

Section 17. Miscellaneous amendments

    Section 17 modifies the general authority of the Secretary 
of Transportation by requiring the Secretary to prescribe 
minimum safety standards ``in order to protect public health 
and welfare and the environment from reasonably anticipated 
threats that could be posed by such transportation and 
facilities.''
    Additionally, this section modifies the qualifications of 
the individuals selected to serve on the Technical Safety 
Standards Committees so that none of the individuals selected 
for committee membership from the general public ``may have a 
significant financial interest in the pipeline, petroleum, or 
gas industry.'' This provision is not intended to prevent 
service from individuals who have pipeline, petroleum, or gas 
industry stock interests in their retirement plans. The intent 
of this provision is to prevent industry employees or those 
with major financial stakes in the industry from serving as 
representatives from the general public.

Section 18. Technical amendments

    This section makes technical amendments to correct previous 
drafting errors that surfaced in the existing legislation.

Section 19. Authorization of appropriations

    This section authorizes appropriations for the Department 
of Transportation and state grants for safety programs for the 
fiscal years 2003 through 2006.

Section 20. Inspections by direct assessment

    This section requires the Secretary of Transportation to 
issue regulations prescribing standards for inspections of a 
pipeline facility by direct assessment.

         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] 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 2003 
through 2006. 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 2003 through 2006.

           *       *       *       *       *       *       *


SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


                          CHAPTER 601--SAFETY

Sec.
60101.  Definitions.
     * * * * * * *
60129.  Protection of employees providing pipeline safety information.
60130.  Certification of pipeline qualification programs.
60131.  Security of pipeline facilities.
60132.  National pipeline mapping system.
60133.  Coordination of environmental reviews.
60134.  Recommendations and responses.
     * * * * * * *

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 in order to 
        protect public health and welfare and the environment 
        from reasonably anticipated threats that could be posed 
        by such transportation and 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
                  (C) shall include a requirement that all 
                individuals who operate and maintain pipeline 
                facilities shall be qualified to operate and 
                maintain the pipeline facilities.
          (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.

           *       *       *       *       *       *       *

  (m) Inspections by Direct Assessment.--Not later than 1 year 
after the date of the enactment of this subsection, the 
Secretary shall issue regulations prescribing standards for 
inspection of a pipeline facility by direct assessment.

           *       *       *       *       *       *       *


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

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Risk Analysis and Integrity Management Programs.--
          (1) Requirement.--Each operator of a gas 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 
                reassessment of the facility, at a minimum of 
                once every 7 years, using methods described in 
                subparagraph (A).
                  (C) Clearly defined criteria for evaluating 
                the results of inspections conducted under 
                subparagraph (B) and for taking actions based 
                on such results.
                  (D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility 
                and the consequences of releases from the 
                facility.
                  (E) A description of actions to be taken by 
                the operator to promptly address any integrity 
                issue raised by an evaluation conducted under 
                subparagraph (C) or the analysis conducted 
                under subparagraph (D).
                  (F) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility.
                  (G) A method for monitoring cathodic 
                protection systems throughout the pipeline 
                system of the operator to the extent not 
                addressed by other regulations.
                  (H) If the Secretary raises a safety concern 
                relating to the facility, a description of the 
                actions to be taken by the operator to address 
                the safety concern, including issues raised 
                with the Secretary by States and local 
                authorities under an agreement entered into 
                under section 60106.
          (4) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reassessment 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) Standards.--The standards prescribed by the 
        Secretary under paragraph (2) shall address each of the 
        following factors:
                  (A) The minimum requirements described in 
                paragraph (3).
                  (B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to 
                the minimum requirements of paragraph (3)(B).
                  (C) The manner in which the inspections or 
                testing are conducted.
                  (D) The criteria used in analyzing results of 
                the inspections or testing.
                  (E) The types of information sources that 
                must be integrated in assessing the integrity 
                of a pipeline facility as well as the manner of 
                integration.
                  (F) The nature and timing of actions selected 
                to address the integrity of a pipeline 
                facility.
                  (G) Such other factors as the Secretary 
                determines appropriate to ensure that the 
                integrity of a pipeline facility is addressed 
                and that appropriate mitigative measures are 
                adopted to protect areas identified under 
                subsection (a)(1).
        In prescribing those standards, the Secretary shall 
        ensure that all inspections required are conducted in a 
        manner that minimizes environmental and safety risks, 
        and shall take into account the applicable level of 
        protection established by national consensus standards 
        organizations.
          (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. 60112. Pipeline facilities hazardous to life and property

  [(a) General Authority.--After notice and an opportunity for 
a hearing, the Secretary of Transportation may decide a 
pipeline facility is hazardous if the Secretary decides the 
facility is--
          [(1) hazardous to life, property, or the environment; 
        or
          [(2) constructed or operated, or a component of the 
        facility is constructed or operated, with equipment, 
        material, or a technique the Secretary decides is 
        hazardous to life, property, or the environment.]
  (a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide that a 
pipeline facility is hazardous if the Secretary decides that--
          (1) operation of the facility is or would be 
        hazardous to life, property, or the environment; or
          (2) the facility is or would be constructed or 
        operated, or a component of the facility is or would be 
        constructed or operated, with equipment, material, or a 
        technique that the Secretary decides is hazardous to 
        life, property, or the environment.

           *       *       *       *       *       *       *

  (d) Corrective Action Orders.--If the Secretary decides under 
subsection (a) of this section that a pipeline facility [is 
hazardous] is or would be hazardous, the Secretary shall order 
the operator of the facility to take necessary corrective 
action, including suspended or restricted use of the facility, 
physical inspection, testing, repair, replacement, or other 
appropriate action.

           *       *       *       *       *       *       *


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) a requirement that the system apply to all areas 
        of the State containing underground pipeline 
        facilities.
          (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. 60115. Technical safety standards committees

  (a)  * * *
  (b) Composition and Appointment.--(1)  * * *

           *       *       *       *       *       *       *

  (4)(A)  * * *

           *       *       *       *       *       *       *

  (D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in 
the pipeline, petroleum, or gas industry.

           *       *       *       *       *       *       *


Sec. 60117. Administrative

  (a)  * * *

           *       *       *       *       *       *       *

  (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.

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. 60120. Enforcement

  (a) Civil Actions.--(1) On the request of the Secretary of 
Transportation, the Attorney General may bring a civil action 
in an appropriate district court of the United States to 
enforce this chapter or a regulation prescribed or order issued 
under this chapter. [The court may award appropriate relief, 
including punitive damages.] The Attorney General may seek 
appropriate relief in such action, including a temporary or 
permanent injunction, punitive damages, and assessment of civil 
penalties, and the court may award such relief as appropriate.

           *       *       *       *       *       *       *


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)] section 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] 
$100,000 for each violation. A separate violation occurs for 
each day the violation continues. The maximum civil penalty 
under this paragraph for a related series of violations is 
[$500,000] $1,000,000.

           *       *       *       *       *       *       *

  (3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of 
not more than $1,000 for each violation. The penalties provided 
by paragraph (1) do not apply to a violation of section 60129 
or an order issued thereunder.
  (b) Penalty Considerations.--In determining the amount of a 
civil penalty [under this section, the Secretary shall 
consider--
          [(1) the nature, circumstances, and gravity of the 
        violation;
          [(2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on ability to continue 
        doing business;
          [(3) good faith in attempting to comply; and
          [(4) other matters that justice requires.] under this 
        section--
          (1) the Secretary shall consider--
                  (A) the nature, circumstances, and gravity of 
                the violation, including adverse impact on the 
                environment;
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior 
                violations, the ability to pay, and any effect 
                on ability to continue doing business; and
                  (C) good faith in attempting to comply; and
          (2) the Secretary may consider--
                  (A) the economic benefit gained from the 
                violation without any reduction because of 
                subsequent damages; and
                  (B) other matters that justice requires.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

  (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

           *       *       *       *       *       *       *

Penalties under this subsection may be reduced in the case of a 
violation that is promptly reported by the violator.

           *       *       *       *       *       *       *


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 section 60107) related to gas and hazardous liquid, 
the following amounts are authorized to be appropriated to the 
Department of Transportation:
          (1) $45,800,000 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.
          (2) $46,800,000 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.
          (3) $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.
          (4) $50,000,000 for fiscal year 2006, of which 
        $45,000,000 is to be derived from user fees for fiscal 
        year 2006 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) $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.
          (B) $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.
          (C) $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.
          (D) $26,500,000 for fiscal year 2006, of which 
        $21,500,000 is to be derived from user fees for fiscal 
        year 2006 collected under section 60301 of this title.

           *       *       *       *       *       *       *

  [(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)] (c) Crediting Appropriations for Expenditures for 
Training.--The Secretary may credit to an appropriation 
authorized under subsection (a) [or (b) of this section] 
amounts received from sources other than the Government for 
reimbursement for expenses incurred by the Secretary in 
providing training.
  [(f) 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 conjunction 
with the Federal Energy Regulatory Commission and 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, pipeline workers, 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, pipeline 
        workers, 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.

           *       *       *       *       *       *       *


Sec. 60129. Protection of employees providing pipeline safety 
                    information

  (a) Discrimination Against Employee.--(1) No employer may 
discharge any employee or otherwise discriminate against any 
employee with respect to his compensation, terms, conditions, 
or privileges of employment because the employee (or any person 
acting pursuant to a request of the employee)--
          (A) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the 
        Federal Government information relating to any 
        violation or alleged violation of any order, 
        regulation, or standard under this chapter or any other 
        Federal law relating to pipeline safety;
          (B) 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;
          (C) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before 
        Congress or at any Federal or State proceeding 
        regarding any provision (or proposed provision) of this 
        chapter or any other Federal law relating to pipeline 
        safety;
          (D) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under 
        this chapter or any other Federal law relating to 
        pipeline safety, or a proceeding for the administration 
        or enforcement of any requirement imposed under this 
        chapter or any other Federal law relating to pipeline 
        safety;
          (E) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony in any 
        proceeding described in subparagraph (D); or
          (F) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in 
        any other manner in such a proceeding or in any other 
        action to carry out the purposes of this chapter or any 
        other Federal law relating to pipeline safety.
  (2) For purposes of this section, the term ``employer'' 
means--
          (A) a person owning or operating a pipeline facility; 
        or
          (B) a contractor or subcontractor of such a person.
  (b) Department of Labor Complaint Procedure.--
          (1) Filing and notification.--A person who believes 
        that he or she has been discharged or otherwise 
        discriminated against by any person in violation of 
        subsection (a) may, not later than 180 days after the 
        date on which such violation occurs, file (or have any 
        person file on his or her behalf) a complaint with the 
        Secretary of Labor alleging such discharge or 
        discrimination. Upon receipt of such a complaint, the 
        Secretary of Labor shall notify, in writing, the person 
        or persons named in the complaint and the Secretary of 
        Transportation 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 
        or persons 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 or 
                persons 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 of 
                Labor to present statements from witnesses, the 
                Secretary of Labor shall conduct an 
                investigation and determine whether there is 
                reasonable cause to believe that the complaint 
                has merit and notify in writing the complainant 
                and the person or persons alleged to have 
                committed a violation of subsection (a) of the 
                Secretary of Labor's findings. If the Secretary 
                of Labor concludes that there is reasonable 
                cause to believe that a violation of subsection 
                (a) has occurred, the Secretary of Labor shall 
                include with the Secretary of Labor's findings 
                with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 
                60 days after the date of notification of 
                findings under this subparagraph, any person 
                alleged to have committed a 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 60-day period, the 
                preliminary order shall be deemed a final order 
                that is not subject to judicial review.
                  (B) Requirements.--
                          (i) Required showing by 
                        complainant.--The Secretary of Labor 
                        shall dismiss a complaint filed under 
                        this subsection and shall not conduct 
                        an investigation otherwise required 
                        under subparagraph (A) unless the 
                        complainant makes a prima facie showing 
                        that any behavior described in 
                        paragraphs (1) through (4) of 
                        subsection (a) was a contributing 
                        factor in the unfavorable personnel 
                        action alleged in the complaint.
                          (ii) Showing by employer.--
                        Notwithstanding a finding by the 
                        Secretary of Labor 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 of Labor may 
                        determine that a violation of 
                        subsection (a) has occurred only if the 
                        complainant demonstrates that any 
                        behavior described in paragraphs (1) 
                        through (4) of subsection (a) was a 
                        contributing factor in the unfavorable 
                        personnel action alleged in the 
                        complaint.
                          (iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the 
                        employer demonstrates by clear and 
                        convincing evidence that the employer 
                        would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
          (3) Final order.--
                  (A) Deadline for issuance; settlement 
                agreements.--Not later than 90 days after the 
                date of conclusion of a hearing under paragraph 
                (2), the Secretary of Labor shall issue a final 
                order providing the relief prescribed by this 
                paragraph or denying the complaint. At any time 
                before issuance of a final order, a proceeding 
                under this subsection may be terminated on the 
                basis of a settlement agreement entered into by 
                the Secretary of Labor, the complainant, and 
                the person or persons alleged to have committed 
                the violation.
                  (B) Remedy.--If, in response to a complaint 
                filed under paragraph (1), the Secretary of 
                Labor determines that a violation of subsection 
                (a) has occurred, the Secretary of Labor shall 
                order the person or persons who committed such 
                violation to--
                          (i) take affirmative action to abate 
                        the violation;
                          (ii) reinstate the complainant to his 
                        or her former position together with 
                        the compensation (including back pay) 
                        and restore the terms, conditions, and 
                        privileges associated with his or her 
                        employment; and
                          (iii) provide compensatory damages to 
                        the complainant.
                If such an order is issued under this 
                paragraph, the Secretary of Labor, at the 
                request of the complainant, shall assess 
                against the person or persons against whom the 
                order is issued a sum equal to the aggregate 
                amount of all costs and expenses (including 
                attorney's and expert witness fees) reasonably 
                incurred, as determined by the Secretary of 
                Labor, by the complainant for, or in connection 
                with, the bringing the complaint upon which the 
                order was issued.
                  (C) Frivolous complaints.--If the Secretary 
                of Labor finds that a complaint under paragraph 
                (1) is frivolous or has been brought in bad 
                faith, the Secretary of Labor may award to the 
                prevailing employer a reasonable attorney's fee 
                not exceeding $1,000.
          (4) Review.--
                  (A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order 
                issued under paragraph (3) may obtain review of 
                the order in the United States Court of Appeals 
                for the circuit in which the violation, with 
                respect to which the order was issued, 
                allegedly occurred or the circuit in which the 
                complainant resided on the date of such 
                violation. The petition for review must be 
                filed not later than 60 days after the date of 
                issuance of the final order of the Secretary of 
                Labor. Review shall conform to chapter 7 of 
                title 5, United States Code. The commencement 
                of proceedings under this subparagraph shall 
                not, unless ordered by the court, operate as a 
                stay of the order.
                  (B) Limitation on collateral attack.--An 
                order of the Secretary of Labor with respect to 
                which review could have been obtained under 
                subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
          (5) Enforcement of order by secretary of labor.--
        Whenever any person has failed to comply with an order 
        issued under paragraph (3), the Secretary of Labor may 
        file a civil action in the United States district court 
        for the district in which the violation was found to 
        occur to enforce such order. In actions brought under 
        this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief, 
        including, but not to be limited to, injunctive relief 
        and compensatory damages.
          (6) Enforcement of order by parties.--
                  (A) Commencement of action.--A person on 
                whose behalf an order was issued under 
                paragraph (3) may commence a civil action 
                against the person or persons to whom such 
                order was issued to require compliance with 
                such order. The appropriate United States 
                district court shall have jurisdiction, without 
                regard to the amount in controversy or the 
                citizenship of the parties, to enforce such 
                order.
                  (B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award 
                costs of litigation (including reasonable 
                attorney and expert witness fees) to any party 
                whenever the court determines such award costs 
                is appropriate.
  (c) Mandamus.--Any nondiscretionary duty imposed by this 
section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code.
  (d) Nonapplicability To Deliberate Violations.--Subsection 
(a) shall not apply with respect to an action of an employee of 
an employer who, acting without direction from the employer (or 
such employer's agent), deliberately causes a violation of any 
requirement relating to pipeline safety under this chapter or 
any other law of the United States.

Sec. 60130. Certification of pipeline qualification programs

  (a) In General.--Subject to the requirements of this section, 
the Secretary of Transportation shall require the operator of a 
pipeline facility to develop and adopt a qualification program 
to ensure that the personnel of the operator who perform 
covered tasks are qualified to conduct such tasks.
  (b) Standards and Criteria.--
          (1) Development.--Not later than 1 year after the 
        date of enactment of this section, the Secretary shall 
        ensure that the Department of Transportation has in 
        place standards and criteria for qualification programs 
        referred to in subsection (a).
          (2) Contents.--The standards and criteria shall 
        include the following:
                  (A) The establishment of industry standards 
                for the qualifications of personnel described 
                in subsection (a).
                  (B) A requirement that pipeline operators 
                develop and implement written plans and 
                procedures to train and evaluate the abilities 
                of personnel described in subsection (a) to 
                meet the industry standards established under 
                subparagraph (A).
                  (C) A requirement that the plans and 
                procedures adopted by a pipeline operator under 
                subparagraph (B) be certified under subsection 
                (e).
  (c) Development of Qualification Programs by Pipeline 
Operators.--Not later than 2 years after the date of the 
enactment of this section, the Secretary shall require a 
pipeline operator to develop and adopt a qualification program 
that complies with the standards and criteria described in 
subsection (b).
  (d) 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 personnel described in subsection 
        (a). Such method may not be limited to observation of 
        on-the-job performance, except with respect to tasks 
        for which the Secretary has determined that such 
        observation is the best method of examining or testing 
        qualifications. The Secretary shall ensure that the 
        results of any such observations are documented in 
        writing.
          (2) A requirement that the operator complete the 
        qualification of all personnel described in subsection 
        (a) not later than 18 months after the date of adoption 
        of the qualification program.
          (3) A periodic requalification component that 
        provides for examination or testing of personnel in 
        accordance with paragraph (1).
          (4) A program to provide training, as appropriate, to 
        ensure that individuals performing covered tasks have 
        the necessary knowledge and skills to perform the tasks 
        in a manner that ensures the safe operation of pipeline 
        facilities.
  (e) Certification of Programs.--
          (1) In general.--The Secretary shall certify the 
        qualification program of each pipeline operator. The 
        qualification program of a pipeline operator shall be 
        certified if the operator's program complies with the 
        standards and criteria described in subsection (b) and 
        includes the elements described in paragraphs (1) 
        through (3) of subsection (d).
          (2) Agreement or state authorization.--The Secretary 
        may enter into a cooperative agreement or contract with 
        a public or private entity, or may authorize a State 
        authority, to certify qualification programs under this 
        subsection.
          (3) Deadline for completion.--Certifications under 
        this subsection shall be completed not later than 3 
        years after the date of the enactment of this section.
          (4) Inadequate programs.--If the Secretary decides 
        that a qualification program is inadequate for the safe 
        operation of a pipeline facility, the Secretary shall 
        act as under section 60108(a)(2) to require the 
        operator to revise the qualification program.
          (5) Program modifications.--If the operator of a 
        pipeline facility seeks to modify significantly a 
        program that has been certified under this subsection, 
        the operator shall submit the modifications to the 
        Secretary for approval.
          (6) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement of this section.
          (7) Inaction by the secretary.--Notwithstanding any 
        failure of the Secretary to prescribe standards and 
        criteria as described in subsection (b), an operator of 
        a pipeline facility shall develop and adopt a 
        qualification program that complies with the 
        requirement of subsection (b)(2)(B) and includes the 
        elements described in paragraphs (1) through (3) of 
        subsection (d) not later than 2 years after the date of 
        enactment of this section.
  (f) 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.
  (g) Report.--Not later than 5 years after the date of 
enactment of this section, the Secretary shall transmit to 
Congress a report on the status and results to date of the 
personnel qualification regulations issued under this chapter.

Sec. 60131. Security of pipeline facilities

  (a) Terrorism Security Programs.--
          (1) In general.--Subject to the requirements of this 
        subsection, the operator of a pipeline facility shall 
        develop and implement a terrorism security program 
        reviewed and verified under paragraph (3).
          (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, and to 
                safeguard pipeline workers.
          (3) Review and verification of programs.--Not later 
        than 1 year after the date of enactment of this 
        section, the Secretary shall review the terrorism 
        security program of each pipeline operator and verify 
        its compliance with this section. The Secretary shall 
        prescribe procedures for the review and standards for 
        the verification of such programs. The Secretary shall 
        record the results of that review for use in the next 
        review of an operator's program.
          (4) Inadequate programs.--If the Secretary determines 
        that a terrorism security program does not comply with 
        the requirements of this section, the Secretary shall 
        act under section 60108(a)(2) to require the operator 
        to revise the terrorism security program.
  (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.
  (c) Security Measures To Protect Against Acts of Terrorism or 
Sabotage.--
          (1) Rulemaking requirement.--The Secretary of 
        Transportation, not later than 60 days after the date 
        of the enactment of this subsection, after consultation 
        with any appropriate Federal, State, or nongovernmental 
        entities, shall commence a rulemaking to require 
        effective security measures which the Secretary 
        determines are necessary to be adopted against acts of 
        terrorism or sabotage directed against waterfront 
        liquefied natural gas plants located in or within 1 
        mile of a densely populated urban area. Within 1 year 
        after the date of the enactment of this subsection, the 
        Secretary of Transportation shall issue a final rule.
          (2) Factors to be considered.--Regulations issued 
        under paragraph (1) shall take into account--
                  (A) the events of September 11, 2001;
                  (B) the potential for attack on facilities by 
                multiple coordinated teams totaling in the 
                aggregate a significant number of individuals;
                  (C) the potential for assistance in an attack 
                from several persons employed at the facility;
                  (D) the potential for suicide attacks;
                  (E) water-based and air-based threats;
                  (F) the potential use of explosive devices of 
                considerable size and other modern weaponry;
                  (G) the potential for attacks by persons with 
                a sophisticated knowledge of facility 
                operations;
                  (H) the threat of fires and large explosions; 
                and
                  (I) special threats and vulnerabilities 
                affecting facilities located in or within 1 
                mile of a densely populated urban area.
          (3) Requirements.--Regulations issued under paragraph 
        (1) shall establish requirements for waterfront 
        liquefied natural gas plants relating to construction, 
        operation, security procedures, and emergency response, 
        and shall require conforming amendments to applicable 
        standards and rules.
          (4) Operational security response evaluation.--(A) 
        Regulations issued under paragraph (1) shall include 
        the establishment of policies and procedures by the 
        Secretary of Transportation, which shall ensure that 
        the operational security response of each facility 
        described in subparagraph (B) is tested at least once 
        every 2 years through the use of force-on-force 
        exercises to determine whether the threat factors 
        identified in regulations issued under paragraph (1) 
        have been adequately addressed.
          (B) Facilities subject to testing under subparagraph 
        (A) include waterfront liquefied natural gas plants 
        located in or within 1 mile of a densely populated 
        urban area, and associated support facilities and 
        equipment.
          (5) Review and revision.--Regulations issued under 
        paragraph (1) shall be reviewed and revised as 
        appropriate at least once every 5 years.
          (6) Definitions.--For purposes of this subsection, 
        the term ``densely populated urban area'' means an area 
        with a population density of more than 10,000 people 
        per square mile.

Sec. 60132. National pipeline mapping system

  (a) Information To Be Provided.--Not later than 6 months 
after the date of enactment of this section, the operator of a 
pipeline facility (except distribution lines and gathering 
lines) 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 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. 60133. Coordination of environmental reviews

  (a) Interagency Committee.--
          (1) Establishment and purpose.--Not later than 30 
        days after the date of enactment of this section, the 
        President shall establish an Interagency Committee to 
        develop and ensure implementation of a coordinated 
        environmental review and permitting process in order to 
        enable pipeline operators to commence and complete all 
        activities necessary to carry out pipeline repairs 
        within any time periods specified by rule by the 
        Secretary.
          (2) Membership.--The Chairman of the Council on 
        Environmental Quality (or a designee of the Chairman) 
        shall chair the Interagency Committee, which shall 
        consist of representatives of Federal agencies with 
        responsibilities relating to pipeline repair projects, 
        including each of the following persons (or a designee 
        thereof):
                  (A) The Secretary of Transportation.
                  (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) Evaluation.--The Interagency Committee shall 
        evaluate Federal permitting requirements to which 
        access, excavation, and restoration activities in 
        connection with pipeline repairs described in paragraph 
        (1) may be subject. As part of its evaluation, the 
        Interagency Committee shall examine the access, 
        excavation, and restoration practices of the pipeline 
        industry in connection with such pipeline repairs, and 
        may develop a compendium of best practices used by the 
        industry to access, excavate, and restore the site of a 
        pipeline repair.
          (4) Memorandum of understanding.--Based upon the 
        evaluation required under paragraph (3) and not later 
        than 1 year after the date of enactment of this 
        section, the members of the Interagency Committee shall 
        enter into a memorandum of understanding to provide for 
        a coordinated and expedited pipeline repair permit 
        review process in order to enable pipeline operators to 
        commence and complete all activities necessary to carry 
        out pipeline repairs within any time periods specified 
        by rule by the Secretary.
          (5) 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 
        considers appropriate.
  (b) Implementation.--Not later than 180 days after the 
completion of the memorandum of understanding required under 
subsection (a)(4), each agency represented on the Interagency 
Committee shall revise its regulations as necessary to 
implement the provisions of the memorandum of understanding.
  (c) Savings Provisions; No Preemption.--Nothing in this 
section shall be construed--
          (1) to require a pipeline operator to obtain a 
        Federal permit, if no Federal permit would otherwise 
        have been required under Federal law; or
          (2) to preempt applicable Federal, State, or local 
        environmental law.
  (d) Interim Operational Alternatives.--
          (1) In general.--Not later than 30 days after the 
        date of enactment of this section, and subject to the 
        limitations in paragraph (2), the Secretary of 
        Transportation shall revise the regulations of the 
        Department, to the extent necessary, to permit a 
        pipeline operator subject to time periods for repair 
        specified by rule by the Secretary to implement 
        alternative mitigation measures until all applicable 
        permits have been granted.
          (2) Limitations.--The regulations issued by the 
        Secretary pursuant to this subsection shall not allow 
        an operator to implement alternative mitigation 
        measures pursuant to paragraph (1) unless--
                  (A) allowing the operator to implement such 
                measures would be consistent with the 
                protection of human health, public safety, and 
                the environment;
                  (B) the operator, with respect to a 
                particular repair project, has applied for and 
                is pursuing diligently and in good faith all 
                required Federal, State, and local permits to 
                carry out the project; and
                  (C) the proposed alternative mitigation 
                measures are not incompatible with pipeline 
                safety.
  (e) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in expediting pipeline repairs and resolving 
disagreements between Federal, State, and local permitting 
agencies and the pipeline operator during agency review of any 
pipeline repair activity, consistent with protection of human 
health, public safety, and the environment.
  (f) State and Local Permitting Processes.--The Secretary 
shall encourage States and local governments to consolidate 
their respective permitting processes for pipeline repair 
projects subject to any time periods for repair specified by 
rule by the Secretary. The Secretary may request other relevant 
Federal agencies to provide technical assistance to States and 
local governments for the purpose of encouraging such 
consolidation.

Sec. 60134. Recommendations and responses

  (a) Response Requirement.--Whenever the Office of Pipeline 
Safety has received recommendations from the National 
Transportation Safety Board regarding pipeline safety, it shall 
submit a formal written response to each such recommendation 
within 90 days after receiving the recommendation. The response 
shall indicate whether the Office intends--
          (1) to carry out procedures to adopt the complete 
        recommendations;
          (2) to carry out procedures to adopt a part of the 
        recommendations; or
          (3) to refuse to carry out procedures to adopt the 
        recommendations.
  (b) Timetable for Completing Procedures and Reasons for 
Refusals.--A response under subsection (a)(1) or (2) shall 
include a copy of a proposed timetable for completing the 
procedures. A response under subsection (a)(2) shall detail the 
reasons for the refusal to carry out procedures on the 
remainder of the recommendations. A response under subsection 
(a)(3) shall detail the reasons for the refusal to carry out 
procedures to adopt the recommendations.
  (c) Public Availability.--The Office shall make a copy of 
each recommendation and response available to the public, 
including in electronic form.
  (d) Reports to Congress.--The Office shall submit to Congress 
on January 1 of each year a report describing each 
recommendation on pipeline safety made by the National 
Transportation Safety Board to the Office during the prior year 
and the Office's response to each recommendation.

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