[107th Congress Public Law 355]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ355.107]
[[Page 116 STAT. 2985]]
Public Law 107-355
107th Congress
An Act
To amend title 49, United States Code, to enhance the security and
safety of pipelines. <<NOTE: Dec. 17, 2002 - [H.R. 3609]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Pipeline Safety Improvement
Act of 2002.>> assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) Short <<NOTE: 49 USC 60101 note.>> Title.--This Act may be cited
as the ``Pipeline Safety Improvement Act of 2002''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 2. 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
[[Page 116 STAT. 2986]]
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 2003 through 2006. 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. STATE OVERSIGHT ROLE.
(a) State Agreements With Certification.--Section 60106 is amended--
(1) in subsection (a) by striking ``General Authority.--''
and inserting ``Agreements Without Certification.--'';
[[Page 116 STAT. 2987]]
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Agreements With Certification.--
``(1) In general.--If the Secretary accepts a certification
under section 60105 and makes the determination required under
this subsection, the Secretary may make an agreement with a
State authority authorizing it to participate in the oversight
of interstate pipeline transportation. Each such agreement shall
include a plan for the State authority to participate in special
investigations involving incidents or new construction and allow
the State authority to participate in other activities
overseeing interstate pipeline transportation or to assume
additional inspection or investigatory duties. Nothing in this
section modifies section 60104(c) or authorizes the Secretary to
delegate the enforcement of safety standards for interstate
pipeline facilities prescribed under this chapter to a State
authority.
``(2) Determinations required.--The Secretary may not enter
into an agreement under this subsection, unless the Secretary
determines in writing that--
``(A) the agreement allowing participation of the
State authority is consistent with the Secretary's
program for inspection and consistent with the safety
policies and provisions provided under this chapter;
``(B) the interstate participation agreement would
not adversely affect the oversight responsibilities of
intrastate pipeline transportation by the State
authority;
``(C) the State is carrying out a program
demonstrated to promote preparedness and risk prevention
activities that enable communities to live safely with
pipelines;
``(D) the State meets the minimum standards for
State one-call notification set forth in chapter 61; and
``(E) the actions planned under the agreement would
not impede interstate commerce or jeopardize public
safety.
``(3) Existing agreements.--If requested by the State
authority, the Secretary shall authorize a State authority which
had an interstate agreement in effect after January 31, 1999, to
oversee interstate pipeline transportation pursuant to the terms
of that agreement until the Secretary determines that the State
meets the requirements of paragraph (2) and executes a new
agreement, or until December 31, 2003, whichever is sooner.
Nothing in this paragraph shall prevent the Secretary, after
affording the State notice, hearing, and an opportunity to
correct any alleged deficiencies, from terminating an agreement
that was in effect before enactment of the Pipeline Safety
Improvement Act of 2002 if--
``(A) the State authority fails to comply with the
terms of the agreement;
``(B) implementation of the agreement has resulted
in a gap in the oversight responsibilities of intrastate
pipeline transportation by the State authority; or
``(C) continued participation by the State authority
in the oversight of interstate pipeline transportation
has had an adverse impact on pipeline safety.''.
(b) Ending Agreements.--Subsection (e) of section 60106 (as
redesignated by subsection (a)(2) of this section) is amended to read as
follows:
[[Page 116 STAT. 2988]]
``(e) Ending Agreements.--
``(1) Permissive termination.--The Secretary may end an
agreement under this section when the Secretary finds that the
State authority has not complied with any provision of the
agreement.
``(2) Mandatory termination of agreement.--The Secretary
shall end an agreement for the oversight of interstate pipeline
transportation if the Secretary finds that--
``(A) implementation of such agreement has resulted
in a gap in the oversight responsibilities of intrastate
pipeline transportation by the State authority;
``(B) the State actions under the agreement have
failed to meet the requirements under subsection (b); or
``(C) continued participation by the State authority
in the oversight of interstate pipeline transportation
would not promote pipeline safety.
``(3) Procedural <<NOTE: Notice.>> requirements.--The
Secretary shall give notice and an opportunity for a hearing to
a State authority before ending an agreement under this section.
The Secretary may provide a State an opportunity to correct any
deficiencies before ending an agreement. <<NOTE: Federal
Register, publication.>> The finding and decision to end the
agreement shall be published in the Federal Register and may not
become effective for at least 15 days after the date of
publication unless the Secretary finds that continuation of an
agreement poses an imminent hazard.''.
(c) Secretary's Response to State Notices of Violations.--Subsection
(c) of section 60106 (as redesignated by subsection (a)(2) of this
section) is amended--
(1) by striking ``Each agreement'' and inserting the
following:
``(1) In general.--Each agreement'';
(2) by adding at the end the following:
``(2) Response <<NOTE: Deadline.>> by secretary.--If a State
authority notifies the Secretary under paragraph (1) of a
violation or probable violation of an applicable safety
standard, the Secretary, not later than 60 days after the date
of receipt of the notification, shall--
``(A) issue an order under section 60118(b) or take
other appropriate enforcement actions to ensure
compliance with this chapter; or
``(B) provide the State authority with a written
explanation as to why the Secretary has determined not
to take such actions.''; and
(3) by aligning the text of paragraph (1) (as designated by
this subsection) with paragraph (2) (as added by this
subsection).
SEC. 5. PUBLIC EDUCATION PROGRAMS.
Section 60116 is amended to read as follows:
``Sec. 60116. Public education programs
``(a) In General.--Each owner or operator of a gas or hazardous
liquid pipeline facility shall carry out a continuing program to educate
the public on the use of a one-call notification system prior to
excavation and other damage prevention activities, the possible hazards
associated with unintended releases from the pipeline facility, the
physical indications that such a release may have
[[Page 116 STAT. 2989]]
occurred, what steps should be taken for public safety in the event of a
pipeline release, and how to report such an event.
``(b) Modification <<NOTE: Deadline.>> of Existing Programs.--Not
later than 12 months after the date of enactment of the Pipeline Safety
Improvement Act of 2002, each owner or operator of a gas or hazardous
liquid pipeline facility shall review its existing public education
program for effectiveness and modify the program as necessary. The
completed program shall include activities to advise affected
municipalities, school districts, businesses, and residents of pipeline
facility locations. The completed program shall be submitted to the
Secretary or, in the case of an intrastate pipeline facility operator,
the appropriate State agency, and shall be periodically reviewed by the
Secretary or, in the case of an intrastate pipeline facility operator,
the appropriate State agency.
``(c) Standards.--The Secretary may issue standards prescribing the
elements of an effective public education program. The Secretary may
also develop material for use in the program.''.
SEC. 6. 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) In general.--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
[[Page 116 STAT. 2990]]
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) Employer defined.--In 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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> 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
subsection (a) was a
[[Page 116 STAT. 2991]]
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 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
[[Page 116 STAT. 2992]]
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 of 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
[[Page 116 STAT. 2993]]
than $1,000 for each violation. The penalties provided by paragraph (1)
do not apply to a violation of section 60129 or an order issued
thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60129. Protection of employees providing pipeline safety
information.''.
SEC. 7. 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 potential safety-related 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 safety-related condition.''.
SEC. 8. PENALTIES.
(a) Pipeline Facilities Hazardous to Life, Property, or the
Environment.--
(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) General penalties.--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) Penalty considerations.--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) Civil actions.--Section 60120(a) is amended--
(A) by striking ``(a) Civil Actions.--(1)'' and all
that follows through ``(2) At the request'' and
inserting the following:
``(a) Civil Actions.--
[[Page 116 STAT. 2994]]
``(1) Civil actions to enforce this chapter.--At the request
of the Secretary of Transportation, the Attorney General may
bring a civil action in an appropriate district court of the
United States to enforce this chapter, including section 60112,
or a regulation prescribed or order issued under this chapter.
The court may award appropriate relief, including a temporary or
permanent injunction, punitive damages, and assessment of civil
penalties, considering the same factors as prescribed for the
Secretary in an administrative case under section 60122.
``(2) Civil actions to require compliance with subpoenas or
allow for inspections.--At the request''; and
(B) by aligning the remainder of the text of
paragraph (2) with the text of paragraph (1).
(c) Criminal Penalties for Damaging or Destroying a Facility.--
Section 60123(b) is amended--
(1) by striking ``or'' after ``gas pipeline facility'' and
inserting ``, an''; and
(2) by inserting after ``liquid pipeline facility'' the
following: ``, or either an intrastate gas pipeline facility or
intrastate hazardous liquid pipeline facility that is used in
interstate or foreign commerce or in any activity affecting
interstate or foreign commerce''.
(d) Comptroller <<NOTE: 49 USC 60122 note.>> General Study.--
(1) In general.--The Comptroller General shall conduct a
study of the actions, policies, and procedures of the Secretary
of Transportation for assessing and collecting fines and
penalties on operators of hazardous liquid and gas transmission
pipelines.
(2) Analysis.--In conducting the study, the Comptroller
General shall examine, at a minimum, the following:
(A) The frequency with which the Secretary has
substituted corrective orders for fines and penalties.
(B) Changes in the amounts of fines recommended by
safety inspectors, assessed by the Secretary, and
actually collected.
(C) An evaluation of the overall effectiveness of
the Secretary's enforcement strategy.
(D) The extent to which the Secretary has complied
with the report of the Government Accounting Office
entitled ``Pipeline Safety: The Office of Pipeline
Safety is Changing How it Oversees the Pipeline
Industry''.
(3) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Comptroller General shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on the results of the
study.
SEC. 9. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60130. Pipeline safety information grants to communities
``(a) Grant Authority.--
``(1) In general.--The Secretary of Transportation may make
grants for technical assistance to local communities and
[[Page 116 STAT. 2995]]
groups of individuals (not including for-profit entities)
relating to the safety of pipeline facilities in local
communities, other than facilities regulated under Public Law
93-153 (43 U.S.C. 1651 et seq.). <<NOTE: Procedures.>> The
Secretary shall establish competitive procedures for awarding
grants under this section and criteria for selecting 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.
``(2) Technical assistance defined.--In this subsection, the
term `technical assistance' means engineering and other
scientific analysis of pipeline safety issues, including the
promotion of public participation in official proceedings
conducted under this chapter.
``(b) Prohibited Uses.--Funds provided under this section may not be
used for lobbying or in direct support of litigation.
``(c) Annual Report.--
``(1) In <<NOTE: Deadline.>> general.--Not later than 90
days after the last day of each fiscal year for which grants are
made by the Secretary under this section, the Secretary shall
report to the Committees on Commerce, Science, and
Transportation and Energy and Natural Resources of the Senate
and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives on grants
made under this section in the preceding fiscal year.
``(2) Contents.--The report shall include--
``(A) a listing of the identity and location of each
recipient of a grant under this section in the preceding
fiscal year and the amount received by the recipient;
``(B) a description of the purpose for which each
grant was made; and
``(C) a description of how each grant was used by
the recipient.
``(d) Authorization of Appropriations.--There is 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.''.
(c) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60130. Pipeline safety information grants to communities.''.
SEC. 10. OPERATOR ASSISTANCE IN INVESTIGATIONS.
(a) In General.--Section 60118 is amended by adding at the end the
following:
``(e) Operator Assistance in Investigations.--If the Secretary or
the National Transportation Safety Board investigate an accident
involving a pipeline facility, the operator of the facility shall make
available to the Secretary or the Board all records and information that
in any way pertain to the accident (including integrity management plans
and test results), and shall afford all reasonable assistance in the
investigation of the accident.''.
(b) Corrective Action Orders.--Section 60112(d) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
[[Page 116 STAT. 2996]]
(2) by adding the end the following:
``(2) Actions attributable to an employee.--If, in the case
of a corrective action order issued following an accident, the
Secretary determines that the actions of an employee carrying
out an activity regulated under this chapter, including duties
under section 60102(a), may have contributed substantially to
the cause of the accident, the Secretary shall direct the
operator to relieve the employee from performing those
activities, reassign the employee, or place the employee on
leave until the earlier of the date on which--
``(A) the Secretary, after notice and an opportunity
for a hearing, determines that the employee's actions
did not contribute substantially to the cause of the
accident; or
``(B) the Secretary determines the employee has been
re-qualified or re-trained as provided for in section
60131 and can safely perform those activities.
``(3) Effect of collective bargaining agreements.--An action
taken by an operator under paragraph (2) shall be in accordance
with the terms and conditions of any applicable collective
bargaining agreement.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this subsection).
(c) Limitation on Statutory Construction.--Section 60118 is amended
by adding at the end the following:
``(f) Limitation on Statutory Construction.--Nothing in this section
may be construed to infringe upon the constitutional rights of an
operator or its employees.''.
SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY.
(a) In General.--Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment and rights-of-way
``(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, zoning ordinances, and
preservation of environmental resources with regard to pipeline rights-
of-way and their maintenance.
``(b) Purpose of Study.--The purpose of the study shall be to gather
information on land use practices, zoning ordinances, and preservation
of environmental resources--
``(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;
``(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way; and
``(4) to address how to best preserve environmental
resources in conjunction with maintaining pipeline rights-of-
way, recognizing pipeline operators' regulatory obligations to
maintain rights-of-way and to protect public safety.
``(c) Considerations.--In conducting the study, the Secretary shall
consider, at a minimum, the following:
[[Page 116 STAT. 2997]]
``(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 <<NOTE: Deadline. Publication.>> 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 and maintenance 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 and to address the potential methods of preserving
environmental resources while maintaining pipeline rights-of-
way, consistent with pipeline safety.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by striking the item relating to section 60127 and inserting the
following:
``60127. Population encroachment and rights-of-way.''.
SEC. 12. <<NOTE: 49 USC 60101 note.>> PIPELINE INTEGRITY, SAFETY, AND
RELIABILITY RESEARCH AND DEVELOPMENT.
(a) In General.--The heads of the participating agencies shall carry
out a program of research, development, demonstration, and
standardization to ensure the integrity of pipeline facilities.
(b) Memorandum of Understanding.--
(1) In <<NOTE: Deadline.>> general.--Not later than 120 days
after the date of enactment of this Act, the heads of the
participating agencies shall enter into a memorandum of
understanding detailing their respective responsibilities in the
program authorized by subsection (a).
(2) Areas of expertise.--Under the memorandum of
understanding, each of the participating agencies shall have the
primary responsibility for ensuring that the elements of the
program within its expertise are implemented in accordance with
this section. The Department of Transportation's
responsibilities shall reflect its lead role in pipeline safety
and expertise in pipeline inspection, integrity management, and
damage prevention. The Department of Energy's responsibilities
shall reflect its expertise in system reliability, low-volume
gas leak detection, and surveillance technologies. The National
Institute of Standards and Technology's responsibilities shall
reflect its
[[Page 116 STAT. 2998]]
expertise in materials research and assisting in the development
of consensus technical standards, as that term is used in
section 12(d)(4) of Public Law 104-13 (15 U.S.C. 272 note).
(c) Program Elements.--The program authorized by subsection (a)
shall include research, development, demonstration, and standardization
activities related to--
(1) materials inspection;
(2) 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;
(3) internal inspection and leak detection technologies,
including detection of leaks at very low volumes;
(4) methods of analyzing content of pipeline throughput;
(5) 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;
(6) risk assessment methodology, including vulnerability
assessment and reduction of third-party damage;
(7) communication, control, and information systems surety;
(8) fire safety of pipelines;
(9) improved excavation, construction, and repair
technologies; and
(10) other appropriate elements.
(d) Program Plan.--
(1) In <<NOTE: Deadline.>> general.--Not later than 1 year
after the date of enactment of this section, the Secretary of
Transportation, in coordination with the Secretary of Energy 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 Technical Pipeline Safety
Standards Committee and the Technical Hazardous Liquid Pipeline
Safety Standards Committee for review, and the report to
Congress shall include the comments of the committees. The 5-
year program plan shall be based on the memorandum of
understanding under subsection (b) and take into account related
activities of other Federal agencies.
(2) Consultation.--In preparing the program plan and
selecting and prioritizing appropriate project proposals, the
Secretary of Transportation shall consult with or seek the
advice of appropriate representatives of the natural gas, crude
oil, and petroleum product pipeline industries, utilities,
manufacturers, institutions of higher learning, Federal
agencies, pipeline research institutions, national laboratories,
State pipeline safety officials, labor organizations,
environmental organizations, pipeline safety advocates, and
professional and technical societies.
(e) Reports <<NOTE: Deadline.>> to Congress.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, the
heads of the participating agencies shall transmit jointly to Congress a
report on the status and results to date of the implementation of the
program plan prepared under subsection (d).
[[Page 116 STAT. 2999]]
(f) Authorization of Appropriations.--
(1) Department of transportation.--There is authorized to be
appropriated to the Secretary of Transportation for carrying out
this section $10,000,000 for each of the fiscal years 2003
through 2006.
(2) Department of energy.--There is authorized to be
appropriated to the Secretary of Energy for carrying out this
section $10,000,000 for each of the fiscal years 2003 through
2006.
(3) National institute of standards and technology.--There
is authorized to be appropriated to the Director of the National
Institute of Standards and Technology for carrying out this
section $5,000,000 for each of the fiscal years 2003 through
2006.
(4) 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) Pipeline Integrity Program.--Of the amounts available in the Oil
Spill Liability Trust Fund established by section 9509 of the Internal
Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be transferred
to the Secretary of Transportation, as provided in appropriation Acts,
to carry out programs for detection, prevention, and mitigation of oil
spills for each of the fiscal years 2003 through 2006.
(h) Participating Agencies Defined.--In this section, the term
``participating agencies'' means the Department of Transportation, the
Department of Energy, and the National Institute of Standards and
Technology.
SEC. 13. PIPELINE QUALIFICATION PROGRAMS.
(a) Verification Program.--
(1) In general.--Chapter 601 is further amended by adding at
the end the following:
``Sec. 60131. Verification 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
individuals who perform covered tasks are qualified to conduct such
tasks.
``(b) Standards and Criteria.--
``(1) Development.--Not <<NOTE: Deadline.>> 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 methods for evaluating
the acceptability of the qualifications of individuals
described in subsection (a).
``(B) A requirement that pipeline operators develop
and implement written plans and procedures to qualify
individuals described in subsection (a) to a level found
acceptable using the methods established under
subparagraph (A) and
[[Page 116 STAT. 3000]]
evaluate the abilities of individuals described in
subsection (a) according to such methods.
``(C) A requirement that the plans and procedures
adopted by a pipeline operator under subparagraph (B) be
reviewed and verified under subsection (e).
``(c) Development <<NOTE: Deadline.>> of Qualification Programs by
Pipeline Operators.--The Secretary shall require each pipeline operator
to develop and adopt, not later than 2 years after the date of enactment
of this section, 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 individuals described in subsection (a). The method may
include written examination, oral examination, observation
during on-the-job performance, on-the-job training, simulations,
and other forms of assessment. The 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 <<NOTE: Records.>> shall ensure
that the results of any such observations are documented in
writing.
``(2) <<NOTE: Deadline.>> A requirement that the operator
complete the qualification of all individuals 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 individuals 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) Review and Verification of Programs.--
``(1) In general.--The Secretary shall review the
qualification program of each pipeline operator and verify its
compliance with the standards and criteria described in
subsection (b) and that it includes the elements described in
subsection (d). The Secretary <<NOTE: Records.>> shall record
the results of that review for use in the next review of an
operator's program.
``(2) Deadline for completion.--Reviews and verifications
under this subsection shall be completed not later than 3 years
after the date of the enactment of this section.
``(3) 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.
``(4) Program <<NOTE: Notification.>> modifications.--If the
operator of a pipeline facility significantly modifies a program
that has been verified under this subsection, the operator shall
notify the Secretary of the modifications. The Secretary shall
review and verify such modifications in accordance with
paragraph (1).
[[Page 116 STAT. 3001]]
``(5) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement of
this section if the waiver or modification is not inconsistent
with pipeline safety.
``(6) Inaction <<NOTE: Deadline.>> 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
subsection (d) not later than 2 years after the date of
enactment of this section.
``(f) Intrastate Pipeline Facilities.--In the case of an intrastate
pipeline facility operator, the duties and powers of the Secretary under
this section with respect to the qualification program of the operator
shall be vested in the appropriate State regulatory agency, consistent
with this chapter.
``(g) 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, including any subsequent modifications; and
``(2) with respect to a hazardous liquid pipeline facility,
has the meaning such term has under section 195.501 of such
title, including any subsequent modifications.
``(h) Report.--Not <<NOTE: Deadline.>> later than 4 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:
``60131. Verification of pipeline qualification programs.''.
(b) Pilot <<NOTE: 49 USC 60131 note.>> Program for Certification of
Certain Pipeline Workers.--
(1) In <<NOTE: Deadline.>> 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 60131(h), 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-
[[Page 116 STAT. 3002]]
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) Computer-based systems defined.--In this subsection, the
term ``computer-based systems'' means supervisory control and
data acquisition systems.
SEC. 14. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS FOR GAS
PIPELINES.
(a) In General.--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 located in an area identified pursuant to subsection
(a)(1) and defined in chapter 192 of title 49, Code of Federal
Regulations, including any subsequent modifications, and shall
adopt and implement a written integrity management program for
such facility to reduce the risks.
``(2) Regulations.--
``(A) In <<NOTE: Deadlines.>> general.--Not later
than 12 months after the date of 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 an operator to conduct a risk
analysis and adopt an integrity management program
within a time period prescribed by the Secretary, ending
not later than 24 months after such date of enactment.
Not later than 18 months after such date of enactment,
each operator of a gas pipeline facility shall begin a
baseline integrity assessment described in paragraph
(3).
``(B) Authority to issue 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) <<NOTE: Deadlines.>> A baseline integrity
assessment of each of the operator's facilities in areas
identified pursuant to subsection (a)(1) and defined in
chapter 192 of title 49, Code of Federal Regulations,
including any subsequent modifications, 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. The
operator shall complete such assessment not later than
10 years after the date of enactment of this subsection.
At least 50 percent of such facilities shall be assessed
not later than 5 years after such date of enactment. The
operator shall prioritize such facilities for assessment
based on all risk factors, including any previously
discovered defects or anomalies and any history of
leaks,
[[Page 116 STAT. 3003]]
repairs, or failures. The operator shall ensure that
assessments of facilities with the highest risks are
given priority for completion and that such assessments
will be completed not later than 5 years after such date
of enactment.
``(B) Subject to paragraph (5), 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 assessments conducted under subparagraphs (A)
and (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) Treatment of baseline integrity assessments.--In the
case of a baseline integrity assessment conducted by an operator
in the period beginning on the date of enactment of this
subsection and ending on the date of issuance of regulations
under this subsection, the Secretary shall accept the assessment
as complete, and shall not require the operator to repeat any
portion of the assessment, if the Secretary determines that the
assessment was conducted in accordance with the requirements of
this subsection.
``(5) 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.
``(6) 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.
[[Page 116 STAT. 3004]]
``(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.
``(7) 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.
``(8) Lack <<NOTE: Deadlines.>> of regulations.--In the
absence of regulations addressing the elements of an integrity
management program described in this subsection, the operator of
a pipeline facility shall conduct a risk analysis and adopt and
implement an integrity management program described in this
subsection not later than 24 months after the date of enactment
of this subsection and shall complete the baseline integrity
assessment described in this subsection not later than 10 years
after such date of enactment. At least 50 percent of such
facilities shall be assessed not later than 5 years after such
date of enactment. The operator shall prioritize such facilities
for assessment based on all risk factors, including any
previously discovered defects or anomalies and any history of
leaks, repairs, or failures. The operator shall ensure that
assessments of facilities with the highest risks are given
priority for completion and that such assessments will be
completed not later than 5 years after such date of enactment.
``(9) 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.
[[Page 116 STAT. 3005]]
``(B)
Amendments <<NOTE: Notification. Deadline.>> 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. The
Secretary shall review any such amendment in accordance
with this paragraph.
``(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.
``(10) 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
(9), 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.
``(11) 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 <<NOTE: Deadline.>> of Integrity Management
Regulations.--Not later than 4 years after the date of enactment of this
subsection, the Comptroller General 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 <<NOTE: 49 USC 60109 note.>> of Reassessment Intervals.--
(1) Study.--The Comptroller General 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 <<NOTE: Deadline.>> later than 4 years
after the date of the enactment of this Act, the Comptroller
General shall transmit to Congress a report on the results of
the study conducted under paragraph (1).
SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
[[Page 116 STAT. 3006]]
``Sec. 60132. National pipeline mapping system
``(a) Information <<NOTE: Deadline.>> 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. 16. 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 <<NOTE: Deadline. President.>> 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.
[[Page 116 STAT. 3007]]
``(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 <<NOTE: Deadline.>> 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 to carry out the
purpose set forth in paragraph (1). The Interagency Committee
shall include provisions in the memorandum of understanding
identifying those repairs or categories of repairs described in
paragraph (1) for which the best practices identified under
paragraph (3), when properly employed by a pipeline operator,
would result in no more than minimal adverse effects on the
environment and for which discretionary administrative reviews
may therefore be minimized or eliminated. With respect to
pipeline repairs described in paragraph (1) to which the
preceding sentence would not be applicable, the Interagency
Committee shall include provisions 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. The Interagency Committee shall include in the
memorandum of understanding criteria under which permits
required for such pipeline repair activities should be
prioritized over other less urgent agency permit application
reviews. The Interagency Committee shall not enter into a
memorandum of understanding under this paragraph except by
unanimous agreement of the members of the Interagency Committee.
``(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 <<NOTE: Deadline.>> 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
[[Page 116 STAT. 3008]]
``(2) to preempt applicable Federal, State, or local
environmental law.
``(d) Interim Operational Alternatives.--
``(1) In <<NOTE: Deadline. Regulations.>> 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. 17. <<NOTE: 49 USC 60114 note.>> 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. 18. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Except as otherwise required by this Act, the
Secretary of Transportation shall implement the safety improvement
recommendations provided for in the Department of Transportation
Inspector General's Report (RT-2000-069).
(b) Reports <<NOTE: Deadlines.>> by the Secretary.--Not later than
90 days after the date of enactment of this Act, and every 90 days
thereafter
[[Page 116 STAT. 3009]]
until each of the recommendations referred to in subsection (a) has been
implemented, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of the House
of Representatives a report on the specific actions taken to implement
such recommendations.
(c) Reports by the Inspector General.--The Inspector General shall
periodically transmit to the committees referred to in subsection (b) a
report assessing the Secretary's progress in implementing the
recommendations referred to in subsection (a) and identifying options
for the Secretary to consider in accelerating recommendation
implementation.
SEC. 19. <<NOTE: 49 USC 1135 note.>> NTSB SAFETY RECOMMENDATIONS.
(a) In General.--The Secretary of Transportation, the Administrator
of Research and Special Program Administration, and the Director of the
Office of Pipeline Safety shall fully comply with section 1135 of title
49, United States Code, to ensure timely responsiveness to National
Transportation Safety Board recommendations about pipeline safety.
(b) Public Availability.--The Secretary, Administrator, or Director,
respectively, shall make a copy of each recommendation on pipeline
safety and response, as described in subsections (a) and (b) of section
1135, title 49, United States Code.
(c) Reports <<NOTE: Deadline.>> to Congress.--The Secretary,
Administrator, or Director, respectively, shall submit to Congress by
January 1 of each year a report containing each recommendation on
pipeline safety made by the Board during the prior year and a copy of
the response to each such recommendation.
SEC. 20. MISCELLANEOUS AMENDMENTS.
(a) General Authority and Purpose.--
(1) In general.--Section 60102(a) is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by striking ``(a)(1)'' and all that follows
through ``The Secretary of Transportation'' and
inserting the following:
``(a) Purpose and Minimum Safety Standards.--
``(1) Purpose.--The purpose of this chapter is to provide
adequate protection against risks to life and property posed by
pipeline transportation and pipeline facilities by improving the
regulatory and enforcement authority of the Secretary of
Transportation.
``(2) Minimum safety standards.--The Secretary'';
(C) by moving the remainder of the text of paragraph
(2) (as so redesignated), including subparagraphs (A)
and (B) but excluding subparagraph (C), 2 ems to the
right; and
(D) in paragraph (3) (as so redesignated) by
inserting ``Qualifications of pipeline operators.--''
before ``The qualifications''.
(2) Conforming amendments.--Chapter 601 is amended--
(A) by striking the heading for section 60102 and
inserting the following:
[[Page 116 STAT. 3010]]
``Sec. 60102. Purpose and general authority''; and
(B) in the analysis for such chapter by striking the
item relating to section 60102 and inserting the
following:
``60102. Purpose and general authority.''.
(b) Conflicts of Interest.--Section 60115(b)(4) is amended by adding
at the end the following:
``(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. 21. TECHNICAL AMENDMENTS.
Chapter 601 is amended--
(1) in section 60110(b) by striking ``circumstances'' and
all that follows through ``operator'' and inserting the
following: ``circumstances, if any, under which an operator'';
(2) in section 60114 by redesignating subsection (d) as
subsection (c);
(3) in section 60122(a)(1) by striking ``section 60114(c)''
and inserting ``section 60114(b)''; and
(4) in section 60123(a) by striking ``60114(c)'' and
inserting ``60114(b)''.
SEC. 22. 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 subsection (c) as subsection (b); 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.
[[Page 116 STAT. 3011]]
``(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) Oil Spills; Emergency Response Grants.--Section 60125 is amended
by inserting after subsection (b) (as redesignated by subsection (b)(1)
of this section) the following:
``(c) Oil Spill Liability Trust Fund.--Of the amounts available in
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to
the Secretary of Transportation, as provided in appropriation Acts, to
carry out programs authorized in this chapter for each of fiscal years
2003 through 2006.
``(d) Emergency Response Grants.--
``(1) In general.--The Secretary may establish a program for
making grants to State, county, and local governments in high
consequence areas, as defined by the Secretary, for emergency
response management, training, and technical assistance.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $6,000,000 for each of fiscal years 2003
through 2006 to carry out this subsection.''.
(d) Conforming Amendment.--Section 60125(e) is amended by striking
``or (b) of this section''.
SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(m) Inspections <<NOTE: Deadline. Regulations.>> 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. 24. <<NOTE: 49 USC 60102 note. Deadline.>> STATE PIPELINE SAFETY
ADVISORY COMMITTEES.
Within 90 days after receiving recommendations for improvements to
pipeline safety from an advisory committee appointed by the Governor of
any State, the Secretary of Transportation shall respond in writing to
the committee setting forth what action, if any, the Secretary will take
on those recommendations and the Secretary's reasons for acting or not
acting upon any of the recommendations.
SEC. 25. <<NOTE: 49 USC 60108 note.>> PIPELINE BRIDGE RISK STUDY.
(a) In General.--The Secretary of Transportation shall conduct a
study to determine whether cable-suspension pipeline bridges pose
structural or other risks warranting particularized attention in
connection with pipeline operators risk assessment programs and whether
particularized inspection standards need to be developed by the
Department of Transportation to recognize the peculiar risks posed by
such bridges.
(b) Public Participation and Comments.--In conducting the study, the
Secretary shall provide, to the maximum extent practicable, for public
participation and comment and shall solicit views and comments from the
public and interested persons, including participants in the pipeline
industry with knowledge and experience in inspection of pipeline
facilities.
(c) Completion <<NOTE: Deadline.>> and Report.--Within 2 years after
the date of enactment of this Act, the Secretary shall complete the
study and transmit to Congress a report detailing the results of the
study.
[[Page 116 STAT. 3012]]
(d) Funding.--The Secretary may carry out this section using only
amounts that are specifically appropriated to carry out this section.
SEC. 26. <<NOTE: 15 USC 717m note.>> STUDY AND REPORT ON NATURAL GAS
PIPELINE AND STORAGE FACILITIES IN NEW ENGLAND.
(a) Study.--The Federal Energy Regulatory Commission, in
consultation with the Department of Energy, shall conduct a study on the
natural gas pipeline transmission network in New England and natural gas
storage facilities associated with that network.
(b) Consideration.--In carrying out the study, the Commission shall
consider the ability of natural gas pipeline and storage facilities in
New England to meet current and projected demand by gas-fired power
generation plants and other consumers.
(c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the
date of enactment of this Act, the Federal Energy Regulatory Commission
shall prepare and submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report containing the results of the study
conducted under subsection (a), including recommendations for addressing
potential natural gas transmission and storage capacity problems in New
England.
Approved December 17, 2002.
LEGISLATIVE HISTORY--H.R. 3609 (S. 235):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-605, Pt. 1 (Comm. on Transportation and
Infrastructure) and Pt. 2 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
July 23, considered and passed House.
Nov. 13, considered and passed Senate, amended.
Nov. 14, House concurred in Senate amendment.
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