I

106TH CONGRESS

2D SESSION H. R. 4792

To provide for enhanced safety, public awareness, and environmental

protection in pipeline transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 29, 2000

Mr. INSLEE (for himself, Mr. PALLONE, Mr. PASCRELL, Mr. BAIRD, Mr.

SMITH of Washington, Mr. DICKS, Mr. MCDERMOTT, and Mr. HOLT) introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure, and in addition to the Committee on

Commerce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,

4 UNITED STATES CODE; TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Comprehensive Pipeline Safety Improvement Act of

7 2000’’.
2

•HR 4792 IH

1 (b) AMENDMENT OF TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, whenever

3 in this Act an amendment or repeal is expressed in terms

4 of an amendment to, or a repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of title 49, United States

7 Code.

8 SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL REC9 OMMENDATIONS.

10 (a) IN GENERAL.—The Secretary of Transportation

11 shall implement the safety improvement recommendations

12 provided for in report number RT–2000–069 of the In13 spector General of the Department of Transportation.

14 (b) REPORTS BY THE SECRETARY.—Not later than

15 90 days after the date of enactment of this Act, and every

16 90 days thereafter until each of the recommendations re17 ferred to in subsection (a) has been implemented, the Sec18 retary shall transmit to the Committee on Commerce,

19 Science, and Transportation of the Senate and the Com20 mittee on Transportation and Infrastructure of the House

21 of Representatives a report on the specific actions taken

22 to implement such recommendations.

23 (c) REPORTS BY THE INSPECTOR GENERAL.—The

24 Inspector General shall periodically transmit to the Com25 mittees referred to in subsection (b) a report assessing the
3

•HR 4792 IH

1 Secretary’s progress in implementing the recommenda2 tions referred to in subsection (a) and identifying options

3 for the Secretary to consider in accelerating recommenda4 tion implementation.

5 SEC. 3. NTSB SAFETY RECOMMENDATIONS AND GAO RE6 PORT.

7 (a) IN GENERAL.—The Secretary of Transportation,

8 acting through the Administrator of Research and Special

9 Program Administration and the Director of the Office of

10 Pipeline Safety, shall comply with section 1135 of title 49,

11 United States Code, to ensure timely responsiveness to

12 recommendations of the National Transportation Safety

13 Board regarding pipeline safety.

14 (b) PUBLIC AVAILABILITY.—The Secretary shall

15 make a copy of each recommendation regarding pipeline

16 safety of the Board and the Secretary’s response to the

17 recommendation under sections 1135(a) and 1135(b) of

18 title 49, United States Code, available to the public by

19 way of the Internet without charge and otherwise at a rea20 sonable cost.

21 (c) REVIEW OF GAO REPORT.—Not later than 180

22 days after the date of enactment of this Act, the Secretary

23 shall review report number GAO/RCED–00–128 of the

24 General Accounting Office, dated May 2000, for the pur25 pose of determining the Department of Transportation’s
4

•HR 4792 IH

1 position regarding the findings and recommendations in

2 the report and make the results of the review available

3 to the public by way of the Internet without charge and

4 otherwise at a reasonable cost.

5 SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

6 (a) QUALIFICATION PLAN.—Each pipeline operator

7 or, in the case of an intrastate pipeline facility operator,

8 the appropriate State regulatory agency, shall make avail9 able to the Secretary of Transportation a plan that is de10 signed to enhance the qualifications of pipeline personnel

11 and to reduce the likelihood of accidents and injuries. The

12 plan shall be submitted no later than April 21, 2001, and

13 the operator shall revise or update the plan as appropriate

14 and make this plan available to the public.

15 (b) REQUIREMENTS.—The enhanced qualification

16 plan shall include, at a minimum, criteria to demonstrate

17 the ability of an individual to safely and properly perform

18 tasks identified under section 60102 of title 49, United

19 States Code. The plan shall also provide for periodic train20 ing and reexamination of pipeline personnel qualifications

21 and provide for requalification as appropriate. The Sec22 retary or, in the case of an intrastate pipeline facility oper23 ator, the appropriate State regulatory agency, may review

24 and certify the plans to determine if they are sufficient

25 to provide a safe operating environment and shall periodi-
5

•HR 4792 IH

1 cally review the plans to ensure the continuation of a safe

2 operation. The Secretary shall establish minimum stand3 ards for pipeline personnel training and evaluation, which

4 may include written examination, oral examination, work

5 performance history review, observation during perform6 ance on the job, on the job training, simulations, or other

7 forms of assessment.

8 (c) TESTING AND CERTIFICATION.—Section

9 60102(a)(1)(C) is amended to read as follows:

10 ‘‘(C) shall include a requirement that all indi11 viduals responsible for the operation and mainte12 nance of pipeline facilities be tested for qualification

13 to perform such functions and certified as qualified

14 by the Secretary to perform such functions and may

15 include a requirement that those individuals obtain

16 additional education and training to qualify to per17 form such functions.’’.

18 (d) SUSPENSION OF CERTIFICATION.—Section

19 60102(a) is amended by adding at the end the following:

20 ‘‘(3) SUSPENSION OF CERTIFICATION.—The

21 Secretary may suspend or revoke the certification of

22 an individual under paragraph (1)(C) if the Sec23 retary determines, after providing notice and an op24 portunity for a hearing, that the individual contrib25 uted to a violation of this chapter (including any
6

•HR 4792 IH

1 regulation issued to carry out this chapter) or the

2 individual willfully refuses to cooperate with the in3 vestigation of such violation. The Secretary may only

4 suspend or revoke a certification under this para5 graph in a manner that is not inconsistent with the

6 constitutional rights of the individual.’’.

7 SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

8 Section 60109 is amended by adding at the end the

9 following:

10 ‘‘(c) INTEGRITY MANAGEMENT.—Not later than 12

11 months after the date of enactment of this subsection, the

12 Secretary shall issue regulations as follows:

13 ‘‘(1) For natural gas pipelines, regulations

14 that—

15 ‘‘(A) require the operators of natural gas

16 pipeline facilities to conduct periodic assessment

17 of the integrity of such facilities through meth18 ods, including internal inspection, pressure test19 ing, or direct assessment, or other effective

20 methods;

21 ‘‘(B) clearly define criteria for evaluating

22 the results of the inspection or testing done

23 under this paragraph and procedures to ensure

24 identified problems are corrected in a timely

25 manner; and
7

•HR 4792 IH

1 ‘‘(C) require such operators to prevent and

2 mitigate unintended releases through such

3 measures as leak detection, integrity evaluation,

4 or restrictive flow devices.

5 ‘‘(2) For hazardous liquid pipelines, regulations

6 that—

7 ‘‘(A) require the operators of hazardous

8 liquid pipeline facilities (other than distribution

9 lines) to determine periodically, but not less

10 often than every 5 years, the integrity of such

11 facilities to operate safely in environmentally

12 sensitive and high-density population areas;

13 ‘‘(B) require such operators to perform

14 periodic inspections through methods, including

15 internal inspection, direct assessment, and peri16 odic hydrostatic pressure tests on facilities that

17 the Secretary determines are high-risk facilities

18 or, instead of hydrostatic pressure testing,

19 equally protective measures capable of identi20 fying corrosion, mechanical damage, longitu21 dinal anomalies, or other structural or oper22 ational defects that could be detrimental to

23 safety and the environment;

24 ‘‘(C) clearly define criteria for evaluating

25 the results of the inspection or testing done
8

•HR 4792 IH

1 under this paragraph and procedures to ensure

2 identified problems are corrected in a timely

3 manner; and

4 ‘‘(D) require such operators to prevent and

5 mitigate unintended releases through such

6 measures as leak detection, integrity evaluation,

7 or restrictive flow devices.’’.

8 SEC. 6. SHUTDOWN AUTHORITY.

9 Section 60112 is amended by adding at the end the

10 following:

11 ‘‘(f) SHUTDOWN AUTHORITY.—

12 ‘‘(1) IN GENERAL.—If the Secretary, or, in the

13 case of an intrastate pipeline facility operator, the

14 appropriate State regulatory agency, determines that

15 allowing the continued operation of a hazardous liq16 uid or natural gas pipeline creates an imminent haz17 ard (as defined in section 5102), the Secretary or

18 the State agency shall take such action as may be

19 necessary to prevent or restrict the operation of that

20 system for 30 days.

21 ‘‘(2) SUBSEQUENT EXTENSION AFTER NOTICE

22 AND HEARING.—After taking action under para23 graph (1), the Secretary or the State agency may ex24 tend the period that action is in effect for an addi25 tional period of up to 30 days if the Secretary or the
9

•HR 4792 IH

1 State agency determines, after notice and an oppor2 tunity for a hearing, that allowing the operation of

3 the pipeline to resume would create an imminent

4 hazard (as defined in section 5102).’’.

5 SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,

6 AND COMMUNITY RIGHT TO KNOW.

7 (a) IN GENERAL.—Section 60116 is amended to read

8 as follows:

9 ‘‘§ 60116. Public education, emergency preparedness,

10 and community right to know

11 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—

12 ‘‘(1) CONTINUING PROGRAM.—Each owner or

13 operator of a gas or hazardous liquid pipeline facility

14 shall carry out a continuing program to educate the

15 public on the use of a one-call notification system

16 prior to excavation and other damage prevention ac17 tivities, the possible hazards associated with unin18 tended releases from the pipeline facility, the phys19 ical indications that such a release may have oc20 curred, what steps should be taken for public safety

21 in the event of a pipeline release, and how to report

22 such an event.

23 ‘‘(2) REVIEW OF EXISTING PROGRAM.—Within

24 12 months after the date of enactment of this para25 graph, each owner or operator of a gas or hazardous
10

•HR 4792 IH

1 liquid pipeline facility shall review its existing public

2 education program for effectiveness and modify the

3 program as necessary. The completed plan shall in4 clude activities to advise municipalities, school dis5 tricts, businesses, and residents of pipeline facility

6 locations. The completed plans shall be submitted to

7 the Secretary of Transportation and shall be periodi8 cally reviewed by the Secretary.

9 ‘‘(3) STANDARDS; DEVELOPMENT OF MATE10 RIAL.—The Secretary may issue standards pre11 scribing the elements of an effective public education

12 program. The Secretary may also develop material

13 for use in the program.

14 ‘‘(b) EMERGENCY PREPAREDNESS.—Within 12

15 months after the date of enactment of this subsection, an

16 operator of a gas or hazardous liquid pipeline facility shall

17 initiate and maintain liaison with the Office of Pipeline

18 Safety, the Regional Emergency Response Coordinator,

19 and the State Emergency Response Commission and local

20 emergency planning committees in the areas of pipeline

21 right-of way, established under section 301 of the Emer22 gency Planning and Community Right-To-Know Act of

23 1986 (42 U.S.C. 11001) in each State in which it oper24 ates. In a community without a local emergency planning
11

•HR 4792 IH

1 committee, the operator shall maintain liaison with the

2 local fire, police, and other emergency response agencies.

3 ‘‘(c) FORMAT OF INFORMATION.—An operator of a

4 pipeline facility making information available under sub5 section (b) shall make the information available in a for6 mat integrated into a commercial off-the-shelf in-vehicle

7 portable computer global positioning system navigation

8 mapping software used in first responder vehicles

9 equipped with portable computers and responding to pipe10 line spills.

11 ‘‘(d) DESIGNATION OF RETC.—The Secretary shall

12 designate for the purposes of subsection (e)(3) the Re13 gional Emergency Transportation Coordinator with the re14 sponsibility of defining the in-vehicle navigation mapping

15 standards and contracting the outsource mapping vendor,

16 which can provide the most cost effective first responder

17 mapping tool, for coordinated emergency responses, in the

18 geographic area.

19 ‘‘(e) COMMUNITY RIGHT TO KNOW.—Within 12

20 months after the date of enactment of this subsection and

21 every 5 years thereafter, each pipeline owner or operator

22 shall conduct and submit to the Secretary and to the State

23 or States in which the pipeline segment is located a ‘pipe24 line segment safety assessment’ for each segment under

25 its operating control. The Secretary shall within 180 days
12

•HR 4792 IH

1 of enactment of this act, establish and maintain a Na2 tional Pipeline Registry to make the ‘pipeline segment

3 safety assessments’ available free of charge on the Inter4 net. The ‘pipeline segment safety assessment’ shall in5 clude, but not be limited to, the following elements:

6 ‘‘(1) The business name, address, and telephone

7 number of the owner and operator, including the

8 parent company, a 24-hour emergency contact num9 ber that is capable of identifying the material

10 shipped through a pipeline, and the contact respon11 sible for beginning a pipeline’s emergency shut-down

12 procedure.

13 ‘‘(2) A description of the pipeline, including

14 pipeline diameter, the substance or substances car15 ried, maximum allowable operating pressure, con16 struction material, and age.

17 ‘‘(3) A map showing the location of the pipeline

18 right-of-way, including the results (including location

19 of significant pipeline anomalies) obtained under in20 spection programs conducted under section

21 60109(c)), identification of any portions of the pipe22 line that could affect environmentally sensitive areas

23 and high-density population areas.

24 ‘‘(4) Identify primary causes of pipeline failure

25 for each segment.
13

•HR 4792 IH

1 ‘‘(5) A 5-year pipeline segment incident history,

2 including any incident involving death, injury, evacu3 ation, environmental contamination, or property

4 damage, and safety-related condition reports filed by

5 an operator under section 60102(h) and a report of

6 a pipeline incident filed by an operator under this

7 chapter.

8 ‘‘(6) A 5-year pipeline hazard prevention his9 tory, including testing methods and dates, company

10 inspection and testing results and repair history.

11 ‘‘(7) Pipeline segment spill mitigation tech12 nologies in use, including shut-off valve distances

13 and leak detection technologies and sensitivities.

14 ‘‘(8) 5-year inspection and enforcement his15 tories.

16 ‘‘(9) Additional identification, safety, or integ17 rity management information as determined by the

18 Secretary.

19 ‘‘(f) PUBLIC OUTREACH AND TECHNICAL ASSIST20 ANCE.—Not later than 12 months after the date of enact21 ment of this subsection and annually thereafter, the owner

22 or operator of each gas or hazardous liquid pipeline facility

23 shall provide to the governing body of each municipality

24 in which the pipeline facility is located. The Secretary may

25 provide technical assistance to the pipeline industry on de-
14

•HR 4792 IH

1 veloping public safety and public education program con2 tent and best practices for program delivery, and on evalu3 ating the effectiveness of the programs. The Secretary

4 may also provide technical assistance to State and local

5 officials in applying practices developed in these programs

6 to their activities.

7 ‘‘(g) PROMOTING PUBLIC AWARENESS FOR NEIGH8 BORS OF PIPELINES.—Not later than 1 year after the date

9 of enactment of this subsection, and annually thereafter,

10 the owner or operator of each interstate gas pipeline facil11 ity or interstate hazardous liquid pipeline facility shall no12 tify all residents within 1000 yards, or such other distance

13 as the Secretary determines appropriate, of the facility

14 of—

15 ‘‘(1) the general location of the facility;

16 ‘‘(2) a request for reporting of any instances of

17 excavation or dumping on or near the facility;

18 ‘‘(3) a phone number to use to make such re19 ports; and

20 ‘‘(4) appropriate procedures for such residents

21 to follow in response to accidents concerning such

22 interstate pipeline facilities.

23 ‘‘(h) PIPELINE SEGMENT DEFINED.—In this section,

24 the term ‘pipeline segment’ means a length of pipeline
15

•HR 4792 IH

1 with homogeneous construction, operational, geographic,

2 and ownership characteristics.’’.

3 (b) CONFORMING AMENDMENT.—The chapter anal4 ysis for chapter 601 is amended by striking the item relat5 ing to section 60116 and inserting the following:

‘‘60116. Public education, emergency preparedness, community right to know.’’.

6 SEC. 8. CIVIL PENALTIES.

7 (a) CIVIL PENALTIES.—Section 60122 is amended—

8 (1) by striking ‘‘$25,000’’ in subsection (a)(1)

9 and inserting ‘‘$500,000’’;

10 (2) by striking ‘‘$500,000’’ in subsection (a)(1)

11 and inserting ‘‘$1,000,000’’;

12 (3) by adding at the end of subsection (a)(1)

13 the following: ‘‘The preceding sentence does not

14 apply to a judicial enforcement action under section

15 60120 or 60121.’’; and

16 (4) by striking subsection (b) and inserting the

17 following:

18 ‘‘(b) PENALTY CONSIDERATIONS.—In determining

19 the amount of a civil penalty under this section—

20 ‘‘(1) the Secretary shall consider—

21 ‘‘(A) the nature, circumstances, and grav22 ity of the violation, including adverse impact on

23 the environment;

24 ‘‘(B) with respect to the violator, the de25 gree of culpability, any history of prior viola-
16

•HR 4792 IH

1 tions, the ability to pay, any effect on ability to

2 continue doing business; and

3 ‘‘(C) good faith in attempting to comply;

4 and

5 ‘‘(2) the Secretary may consider—

6 ‘‘(A) the economic benefit gained from the

7 violation without any discount because of subse8 quent damages; and

9 ‘‘(B) other matters that justice requires.’’.

10 (b) EXCAVATOR DAMAGE.—Section 60123(d) is

11 amended—

12 (1) by striking ‘‘knowingly and willfully’’;

13 (2) in paragraph (1) by inserting ‘‘knowingly

14 and willfully’’ before ‘‘engages’’; and

15 (3) striking paragraph (2)(B) and inserting the

16 following:

17 ‘‘(B) a pipeline facility, is aware of dam18 age, and does not report the damage promptly

19 to the operator of the pipeline facility and to

20 other appropriate authorities; or’’.

21 (c) CIVIL ACTIONS.—Section 60120(a)(1) is amended

22 to read as follows:

23 ‘‘(1) On the request of the Secretary of Transpor24 tation, the Attorney General may bring a civil action in

25 an appropriate district court of the United States to en-
17

•HR 4792 IH

1 force this chapter, including section 60112 of this chapter,

2 or a regulation prescribed or order issued under this chap3 ter. The court may award appropriate relief, including a

4 temporary or permanent injunction, punitive damages,

5 and assessment of civil penalties considering the same fac6 tors as prescribed for the Secretary in an administrative

7 case under section 60122.’’.

8 (d) CIVIL PENALTY ACTION FOR DISCHARGES.—

9 (1) IN GENERAL.—Any person who is the

10 owner, operator, or person in charge of a hazardous

11 liquid pipeline facility from which a hazardous liquid

12 is discharged shall be subject to a civil penalty in an

13 amount up to $25,000 per day of violation or an

14 amount up to $1,000 per barrel of oil or other haz15 ardous liquid discharged.

16 (2) GROSS NEGLIGENCE.—In any case in which

17 a person is liable under paragraph (1) as the result

18 of gross negligence or willful misconduct of such per19 son, such person shall be subject to a civil penalty

20 of not less than $100,000, and not more than

21 $3,000 per barrel of oil or unit of reportable quan22 tity of other hazardous liquid discharged.

23 (3) JURISDICTION.—An action to impose a civil

24 penalty under this subsection may be brought in the

25 district court of the United States for the district in
18

•HR 4792 IH

1 which the defendant is located, resides, or is doing

2 business, and such court shall have jurisdiction to

3 assess such penalty.

4 (4) LIMITATION.—A person is not liable for a

5 civil penalty under this subsection for a discharge if

6 the person has been assessed a civil penalty under

7 section 309 or 311(b) of the Federal Water Pollu8 tion Control Act (33 U.S.C. 1319; 1321(b)) for the

9 discharge.

10 (5) DETERMINATION OF AMOUNT.—In deter11 mining the amount of a civil penalty under this sub12 section, the Secretary of Transportation or the

13 court, as the case may be, shall consider the serious14 ness of the violation or violations, the economic ben15 efit to the violator, if any, resulting from the viola16 tion, the degree of culpability involved, any other

17 penalty for the same incident, any history of prior

18 violations, the nature, extent, and degree of success

19 of any efforts of the violator to minimize or mitigate

20 the effects of the discharge, the economic impact of

21 the penalty on the violator, and any other matters

22 as justice may require.

23 (6) DEFINITIONS.—In this section, the terms

24 ‘‘hazardous liquid’’ and ‘‘hazardous liquid pipeline

25 facility’’ have the meaning such terms have under
19

•HR 4792 IH

1 section 60101 of title 49, United States Code, and

2 the term ‘‘oil’’ has the meaning such term has under

3 section 311(a) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1321(a)).

5 SEC. 9. ENHANCED STATE OVERSIGHT.

6 (a) STATE AGREEMENTS WITH CERTIFICATION.—

7 Section 60106 is amended—

8 (1) by striking ‘‘GENERAL AUTHORITY.—’’ in

9 subsection (a) and inserting ‘‘AGREEMENTS WITH10 OUT CERTIFICATION.—’’;

11 (2) by redesignating subsections (b), (c), and

12 (d) as subsections (c), (d), and (e), respectively; and

13 (3) by inserting after subsection (a) the fol14 lowing:

15 ‘‘(b) AGREEMENTS WITH CERTIFICATION.—

16 ‘‘(1) IN GENERAL.—If the Secretary accepts a

17 certification under section 60105, the Secretary may

18 make an agreement with a State authority author19 izing it to participate in the activities of interstate

20 pipeline transportation in compliance with Federal

21 guidelines and standards. An agreement shall in22 clude a plan for the State authority to participate in

23 additional inspections and special investigations of

24 incidences involving violations of this title or new

25 construction.
20

•HR 4792 IH

1 ‘‘(2) ADDITIONAL STATE AUTHORITY.—An

2 agreement under paragraph (1) may also include a

3 program allowing for participation by the State au4 thority in other activities involving interstate pipe5 line transportation that are consistent with the Sec6 retary’s program and address issues of local concern

7 or allowing the State authority to assume additional

8 inspection or investigatory duties if the Secretary de9 termines that—

10 ‘‘(A) there are no significant gaps in the

11 regulatory jurisdiction of the State authority

12 over intrastate pipeline transportation;

13 ‘‘(B) implementation of the agreement will

14 not adversely affect the oversight of intrastate

15 pipeline transportation by the State authority;

16 ‘‘(C) the program allowing participation of

17 the State authority is consistent with the Sec18 retary’s program for inspection;

19 ‘‘(D) the State promotes preparedness and

20 prevention activities that enable communities to

21 live safely with pipelines; and

22 ‘‘(E) the State meets the minimum stand23 ards for State one-call notification set forth in

24 chapter 61.
21

•HR 4792 IH

1 ‘‘(3) EXISTING AGREEMENTS.—Except as pro2 vided in subsection (e), an agreement between the

3 Secretary and a State authority that is in effect on

4 the date of enactment of this paragraph shall remain

5 in effect until the Secretary determines that the

6 State meets the requirements for a determination

7 under paragraph (2).’’.

8 (b) ENDING AGREEMENTS.—Section 60106(e), as re9 designated by subsection (a) of this section, is amended

10 to read as follows:

11 ‘‘(e) ENDING AGREEMENTS.—

12 ‘‘(1) PERMISSIVE TERMINATION.—The Sec13 retary may end an agreement under this section

14 when the Secretary finds that the State authority

15 has not complied with any provision of the agree16 ment.

17 ‘‘(2) MANDATORY TERMINATION OF AGREE18 MENT.—The Secretary shall end an agreement for

19 the oversight of interstate pipeline transportation if

20 the Secretary finds that—

21 ‘‘(A) implementation of such agreement

22 has resulted in a gap in the oversight respon23 sibilities of intrastate pipeline transportation by

24 the State authority;
22

•HR 4792 IH

1 ‘‘(B) the State actions under the agree2 ment have failed to meet the requirements

3 under subsection (b); or

4 ‘‘(C) continued participation by the State

5 authority in the oversight of interstate pipeline

6 transportation is not promoting pipeline safety.

7 ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec8 retary shall give notice and an opportunity for a

9 hearing to a State authority before ending an agree10 ment under this section. The Secretary may provide

11 a State an opportunity to correct any deficiencies be12 fore ending an agreement. The finding and decision

13 to end the agreement shall be published in the Fed14 eral Register and may not become effective for at

15 least 15 days after the date of publication, unless

16 the Secretary finds that continuation of an agree17 ment poses an imminent hazard.’’.

18 (c) CONTINUATION OF INTERSTATE AGENT AGREE19 MENT AUTHORITY.—

20 (1) IN GENERAL.—If an agreement was in ef21 fect in 1999 between the Secretary of Transpor22 tation or one of its agencies and a State to permit

23 that State to oversee interstate pipeline transpor24 tation, the Secretary shall continue to permit that

25 State to carry out activities under the agreement, in-
23

•HR 4792 IH

1 cluding inspection responsibilities and other actions

2 to ensure compliance with Federal pipeline safety

3 regulations.

4 (2) TERMINATION.—Notwithstanding para5 graph (1), the Secretary may terminate an agree6 ment described in that paragraph if—

7 (A) the State wishes to withdraw from the

8 agreement;

9 (B) implementation of the agreement has

10 resulted in gaps in the oversight responsibilities

11 of intrastate pipeline transportation by the

12 State; or

13 (C) the State’s oversight actions under the

14 agreement have had an adverse impact on pipe15 line safety or impeded interstate commerce.

16 (3) PROCEDURAL REQUIREMENTS FOR TERMI17 NATION.—Before terminating an agreement de18 scribed in paragraph (1), the Secretary shall give

19 notice and an opportunity for a hearing to the State,

20 and provide an opportunity for the State to correct

21 any deficiencies. The Secretary shall publish the de22 cision to terminate such an agreement and the rea23 sons therefore in the Federal Register not less than

24 15 days before the termination is effective, unless
24

•HR 4792 IH

1 the Secretary finds that continuation of an agree2 ment poses an imminent hazard.

3 SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

4 (a) PLAN.—Within 12 months after the date of en5 actment of this Act, the Secretary of Transportation shall

6 develop and implement a comprehensive plan for the col7 lection and use of gas and hazardous liquid pipeline data

8 to revise the causal categories on the accident report forms

9 to eliminate overlapping and confusing categories and in10 clude subcategories. The plan shall include components to

11 provide the capability to perform sound accident trend

12 analysis and evaluations of pipeline operator performance

13 using normalized accident data.

14 (b) REPORT OF RELEASES EXCEEDING 5 GAL15 LONS.—Section 60117(b) is amended—

16 (1) by inserting ‘‘(1)’’ before ‘‘To’’;

17 (2) by redesignating paragraphs (1) and (2) as

18 subparagraphs (A) and (B);

19 (3) by inserting before the last sentence the fol20 lowing:

21 ‘‘(2) A person owning or operating a hazardous liquid

22 pipeline facility shall report to the Secretary each release

23 to the environment greater than 5 gallons of the haz24 ardous liquid or carbon dioxide. This paragraph applies

25 to releases from pipeline facilities regulated under this
25

•HR 4792 IH

1 chapter and from rural gathering lines not regulated

2 under this chapter. A report must include the location of

3 the release, fatalities and personal injuries, type of prod4 uct, amount of product release, causes of the release, ex5 tent of damage to property and the environment, and the

6 response undertaken to clean up the release.

7 ‘‘(3) During the course of an incident investigation,

8 a person owning or operating a pipeline facility shall make

9 records, reports, and information required under para10 graph (1) or other reasonably described records, reports,

11 and information relevant to the incident investigation

12 available to the Secretary within the time limits prescribed

13 in a written request.’’; and

14 (4) by striking ‘‘The Secretary’’ and inserting

15 the following:

16 ‘‘(4) The Secretary’’.

17 SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVEL18 OPMENT.

19 (a) IN GENERAL.—As part of the Department’s re20 search and development program, the Secretary of Trans21 portation shall direct research attention to the develop22 ment of alternative technologies—

23 (1) to expand the defect detection capabilities of

24 internal inspection devices;
26

•HR 4792 IH

1 (2) to inspect pipelines that cannot accommo2 date internal inspection devices available on the date

3 of enactment;

4 (3) to develop innovative techniques measuring

5 the structural integrity of pipelines;

6 (4) to expand the capability, reliability, and

7 practicality of external leak detection devices; and

8 (5) to develop and study the effectiveness of

9 double-walled pipelines for the purposes of pre10 venting ruptures and leaks, containing releases, and

11 improving leak detection capabilities.

12 (b) COOPERATIVE.—The Secretary may participate

13 in additional technological development through coopera14 tive agreements with trade associations, academic institu15 tions, or other qualified organizations.

16 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

17 (a) GAS AND HAZARDOUS LIQUID.—Section

18 60125(a) is amended to read as follows:

19 ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out

20 this chapter and other pipeline-related damage prevention

21 activities of this title (except for section 60107), there are

22 authorized to be appropriated to the Department of

23 Transportation—

24 ‘‘(1) $26,000,000 for fiscal year 2001, of which

25 $20,000,000 is to be derived from user fees for fis-
27

•HR 4792 IH

1 cal year 2001 collected under section 60301 of this

2 title; and

3 ‘‘(2) $30,000,000 for each of the fiscal years

4 2002 and 2003 of which $23,000,000 is to be de5 rived from user fees for fiscal year 2002 and fiscal

6 year 2003 collected under section 60301 of this

7 title.’’.

8 (b) STATE GRANTS.—Section 60125(c) is amended

9 to read as follows:

10 ‘‘(c) STATE GRANTS.—Not more than the following

11 amounts may be appropriated to the Secretary to carry

12 out section 60107—

13 ‘‘(1) $17,000,000 for fiscal year 2001, of which

14 $15,000,000 is to be derived from user fees for fis15 cal year 2002 collected under section 60301 of this

16 title; and

17 ‘‘(2) $20,000,000 for the fiscal years 2002 and

18 2003 of which $18,000,000 is to be derived from

19 user fees for fiscal year 2002 and fiscal year 2003

20 collected under section 60301 of this title.’’.

21 (c) OIL SPILL LIABILITY TRUST FUND.—Sections

22 60525 is amended by redesignating subsections (d), (e),

23 and (f) as subsections (e), (f), and (g), respectively, and

24 by inserting after subsection (c) the following:
28

•HR 4792 IH

1 ‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of the

2 amounts available in the Oil Spill Liability Trust Fund,

3 $8,000,000 shall be transferred to carry out programs au4 thorized in this Act for fiscal year 2001, fiscal year 2002,

5 and fiscal year 2003.’’.

6 SEC. 13. STUDY OF RIGHTS-OF-WAY.

7 The Secretary of Transportation is authorized to con8 duct a study on how best to preserve environmental re9 sources in conjunction with maintaining pipeline rights10 of-way. The study shall recognize pipeline operators’ regu11 latory obligations to maintain rights-of-way and to protect

12 public safety.

13 SEC. 14. REGIONAL ADVISORY COUNCIL PILOT PROGRAM.

14 (a) ESTABLISHMENT.—

15 (1) STATE DESIGNATION.—Within 120 days

16 after the date of enactment of this Act, the Sec17 retary of Transportation shall designate 1 or more

18 States the Governor of each of which may establish

19 a Regional Advisory Council in accordance with this

20 section.

21 (2) STATE SELECTION CRITERIA.—The Sec22 retary shall make the designation of a State to par23 ticipate in the pilot program under this section

24 based on the following criteria:
29

•HR 4792 IH

1 (A) The State experienced an accident in2 volving a hazardous liquid pipeline during which

3 1 or more persons were killed or involving a dis4 charge of more than 100,000 gallons of haz5 ardous liquid into the environment in the 24-

6 month period ending on the date of enactment

7 of this Act.

8 (B) The Governor of the State requests the

9 designation.

10 (C) The legislative body of the State has

11 passed legislation indicating its desire to involve

12 the State in hazardous liquid pipeline regulation

13 or oversight in such 24-month period.

14 (b) PURPOSE.—Each Regional Advisory Council

15 under this section shall be responsible for safety and envi16 ronmental oversight of hazardous liquid pipeline facilities

17 that may impact the State in which the Regional Advisory

18 Council does business.

19 (c) SUITS BARRED.—No Regional Advisory Council

20 created by this section may sue any person or entity, pub21 lic or private, concerning any matter arising under this

22 section except for the performance of contracts.

23 (d) MEMBERSHIP.—Each Council shall be composed

24 of voting members and nonvoting members, as follows:
30

•HR 4792 IH

1 (1) VOTING MEMBERS.—Each Council shall

2 have 11 voting members who shall be residents of

3 the State wherein the Council will do business with

4 representatives appointed by the Governor of the

5 State participating in the pilot program to represent

6 as appropriate the following interests, taking into

7 consideration the need for regional balance on the

8 Council:

9 (A) Emergency responders, with jurisdic10 tion over public safety or environmental protec11 tion.

12 (B) To the extent practicable, fish and

13 wildlife organizations the members of which de14 pend on fisheries and wildlife resources at risk,

15 directly or indirectly, from pipeline ruptures

16 and spills.

17 (C) Environmental organizations.

18 (D) At least 2 representatives selected by

19 1 or more statewide associations of local gov20 ernments.

21 (E) Native American tribes.

22 (F) Pipeline right-of-way property owners,

23 except that a member appointed under this sub24 paragraph may not be a representative of any

25 other category under this paragraph.
31

•HR 4792 IH

1 (G) The general public, except that a mem2 ber appointed under this subparagraph may not

3 be a representative of any other category under

4 this paragraph.

5 (2) NONVOTING MEMBERS.—1 ex-officio, non6 voting representative shall be designated by, and

7 represent, each of the following:

8 (A) The Environmental Protection Agency.

9 (B) Each State agency with jurisdiction

10 over pipeline safety and environmental protec11 tion.

12 (C) The State fire marshal or other State

13 official with similar duties in States where there

14 is no State fire marshal.

15 (D) The State agency with jurisdiction

16 over pipeline spill response.

17 (E) The pipeline industry.

18 (e) TERMS.—

19 (1) DURATION OF COUNCILS.—The term of the

20 Councils shall continue throughout the life of the op21 eration of the pipeline facilities that each Council

22 oversees.

23 (2) 3 YEARS.—The voting members of each

24 Council shall serve for a term of 3 years.
32

•HR 4792 IH

1 (f) SELF-GOVERNING.—Each Council shall elect its

2 own chairperson, select its own staff, and make policies

3 with regard to its internal operating procedures.

4 (g) DUTIES.—Each Council shall—

5 (1) provide advice and recommendations to the

6 Secretary of Transportation and the Governor on

7 policies, permits, and regulations relating to the op8 eration and maintenance of hazardous liquid pipeline

9 facilities which affect or may affect that State’s en10 vironment;

11 (2) monitor the environmental impacts of the

12 operation of hazardous liquid pipeline facilities;

13 (3) review the adequacy of the integrity man14 agement plan developed by each hazardous liquid

15 pipeline operator;

16 (4) review the adequacy of hazardous liquid

17 pipeline spill prevention and contingency plans for

18 hazardous liquid pipeline facilities;

19 (5) review and comment on proposals for new

20 hazardous liquid pipeline facilities, including issues

21 of public need, safety, and environmental impact;

22 (6) periodically review the respective hazardous

23 liquid pipeline spill prevention and contingency

24 plans, in light of new technological developments and

25 changed circumstances;
33

•HR 4792 IH

1 (7) monitor developments in pipeline spill pre2 vention, leak detection, pipeline inspection, operator

3 training, spill containment, response, and cleanup

4 technology;

5 (8) ensure that each meeting of the Council is

6 open to the public;

7 (9) maintain minutes of each meeting;

8 (10) make its recommendations available upon

9 request to other interested persons; and

10 (11) recommend to the Secretary, Governor,

11 and, where appropriate, the operator—

12 (A) standards and stipulations for permits

13 intended to minimize the impact of hazardous

14 liquid pipeline facilities which could impact the

15 State wherein the Council does business;

16 (B) modifications of hazardous liquid pipe17 line facility operations and maintenance in18 tended to minimize the risk and mitigate the

19 impact of hazardous liquid pipeline facility op20 erations and to minimize the risk of hazardous

21 liquid pipeline spills;

22 (C) modifications of operators’ and integ23 rity management plans;

24 (D) modifications of the hazardous liquid

25 pipeline spill prevention and contingency plans
34

•HR 4792 IH

1 for such pipeline facilities intended to enhance

2 the ability to prevent and respond to such a

3 spill; and

4 (E) standards, statutes, and regulations to

5 improve hazardous liquid pipeline safety, spill

6 response, emergency preparedness, and efforts

7 to help the public live safely with pipelines.

8 (h) NO ESTOPPEL.—No Council shall be held liable

9 under State or Federal law for costs or damages as a re10 sult of rendering advice under this section, nor shall any

11 advice given by a voting member of a Council, or program

12 representative or agent, be grounds for estopping the in13 terests represented by the voting Council members from

14 seeking damages or other appropriate relief.

15 (i) AGENCY COOPERATION.—On and after establish16 ment of a Council by the Governor pursuant to this sec17 tion, each Federal department, agency, or other instru18 mentality shall, with respect to all permits, site-specific

19 regulations, and other matters governing the activities and

20 actions of the pipeline facilities, consult with the appro21 priate Council prior to taking substantive action with re22 spect to the permit, site-specific regulation, or other mat23 ter. This consultation shall be carried out with a view to

24 enabling the appropriate Council to review the permit,

25 site-specific regulation, or other matters and make appro-
35

•HR 4792 IH

1 priate recommendations regarding operations, policy or

2 agency actions. Prior consultation shall not be required

3 if an authorized Federal agency representative reasonably

4 believes that an emergency exists requiring action without

5 delay.

6 (j) RECOMMENDATIONS OF THE COUNCIL.—In the

7 event that the Secretary, Governor, or operator does not

8 adopt, or significantly modifies before adoption, any rec9 ommendation of the Council made pursuant to the author10 ity granted to the Council in subsection (i), the Secretary,

11 Governor or operator shall provide to the Council, in writ12 ing, within 5 days of its decision, notice of its decision

13 and a written statement of reasons for its rejection or sig14 nificant modification of the recommendation.

15 (k) FUNDING.—Each Regional Advisory Council shall

16 be funded by the Secretary from the Oil Spill Liability

17 Trust Fund. Such amount—

18 (1) shall be at least $750,000 and sufficient to

19 fund the Council’s work and, after the Council’s ini20 tial year of operations, shall be based on a budget

21 and work plan developed by the Council and ap22 proved by the Governor; and

23 (2) may be adjusted periodically upon the con24 sent of the Governor, the Secretary, and the Council.
36

•HR 4792 IH

1 (l) REPORTS.—Prior to the expiration of the 36-

2 month period following the date of enactment of this sec3 tion, each Council established pursuant to this section

4 shall report to the President and Congress concerning its

5 activities under this section, together with its rec6 ommendations.

7 (m) TERMINATION.—The Secretary, with the concur8 rence of the Governor of the State in which the Regional

9 Advisory Council is operating, may terminate the Council

10 after the last day of the 36-month beginning on the date

11 of the establishment of the Council.

12 (n) SAVINGS CLAUSE.—Nothing in this section shall

13 be construed as modifying, repealing, superseding, or pre14 empting any municipal, State or Federal law or regula15 tion, or in any way affecting litigation arising from pipe16 line spills or the rights and responsibilities of the United

17 States or any State, or municipalities thereof, to preserve

18 and protect the environment through regulation of land,

19 air, and water uses, of safety, and of related development.

20 SEC. 15. WHISTLEBLOWER PROTECTION.

21 (a) IN GENERAL.—Chapter 601 is amended by add22 ing at the end the following:

23 ‘‘§ 60129. Whistleblower protection

24 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES.—
37

•HR 4792 IH

1 ‘‘(1) IN GENERAL.—No employer, may dis2 charge any employee or otherwise discriminate

3 against any employee with respect to his or her com4 pensation, terms, conditions, or privileges of employ5 ment because the employee (or any person acting

6 pursuant to a request of the employee)—

7 ‘‘(A) notified or is about to notify the

8 United States Government or the employer of

9 the employee of an alleged violation of this

10 chapter, or any State or Federal statute, indus11 try code, or compliance requirement addressing

12 pipeline safety or environmental protection, or

13 both;

14 ‘‘(B) refused to engage in any practice

15 made unlawful by this chapter or any State or

16 Federal statute, industry code, or compliance

17 requirement addressing pipeline safety or envi18 ronmental protection, if the employee has iden19 tified the alleged illegality to the employer;

20 ‘‘(C) testified before Congress or at any

21 Federal or State proceeding regarding any pro22 vision (or proposed provision) of this chapter or

23 any State or Federal statute, industry code, or

24 compliance requirement addressing pipeline

25 safety or environmental protection;
38

•HR 4792 IH

1 ‘‘(D) commenced, caused to be commenced,

2 or is about to commence or cause to be com3 menced a proceeding under this chapter or any

4 State or Federal statute, industry code, or com5 pliance requirement addressing pipeline safety

6 or environmental protection, or a proceeding of

7 the administration or enforcement of any re8 quirement imposed under this chapter;

9 ‘‘(E) testified or is about to testify in any

10 such proceeding; or

11 ‘‘(F) assisted or participated or is about to

12 assist or participate in any manner in such a

13 proceeding or in any other manner in such a

14 proceeding or in any other action to carry out

15 the purposes of this chapter.

16 ‘‘(2) EMPLOYER DEFINED.—In this section, the

17 term ‘employer’ includes—

18 ‘‘(A) any licensee, owner, operator, or des19 ignated agent of a pipeline facility;

20 ‘‘(B) an applicant for a license to operate

21 a pipeline facility from any State or local gov22 ernment;

23 ‘‘(C) a contractor or subcontractor of such

24 a licensee or applicant, owner, operator or des25 ignated agent; and
39

•HR 4792 IH

1 ‘‘(D) a contractor or subcontractor of the

2 Office of Pipeline Safety.

3 ‘‘(b) TIME PERIOD FOR FILING COMPLAINT.—Any

4 employee of an employer who believes that he or she has

5 been discharged or otherwise discriminated against by any

6 person in violation of subsection (a) may, within 180 days

7 after the date on which such violation occurs, file (or have

8 any person file on his behalf) a complaint with the Sec9 retary of Labor alleging such discharge or discrimination.

10 Upon receipt of such a complaint, the Secretary shall no11 tify, in writing, of the filing of the complaint the person

12 named in the complaint of the filing of the complaint, the

13 Secretary of Transportation, and a designated State offi14 cial responsible for pipeline safety of each State through

15 which the pipeline operated.

16 ‘‘(c) INVESTIGATION AND INTERIM RELIEF.—

17 ‘‘(1) IN GENERAL.—Upon receipt of a com18 plaint filed under subsection (b), the Secretary of

19 Labor shall conduct an investigation of the violation

20 alleged in the complaint. Within 30 days of the re21 ceipt of such complaint, the Secretary of Labor shall

22 complete such investigation and shall notify in writ23 ing the complainant (and any person acting in be24 half of the complainant) and the person alleged to

25 have committed such violation of the results of the
40

•HR 4792 IH

1 investigation conducted pursuant to this paragraph.

2 Within 90 days of the receipt of such complaint the

3 Secretary of Labor shall, unless the proceeding on

4 the complaint is terminated by the Secretary of

5 Labor on the basis of a settlement entered into by

6 the Secretary of Labor and the person alleged to

7 have committed such violation, issue an order either

8 providing the relief prescribed by paragraph (3) or

9 denying the complaint.

10 ‘‘(2) PROCEDURE.—An order of the Secretary

11 of Labor shall be made on the record after notice

12 and opportunity for public hearing. Upon the conclu13 sion of such hearing and the issuance of a rec14 ommended decision that the complaint has merit,

15 the Secretary of Labor shall issue a preliminary

16 order providing the relief prescribed in paragraph

17 (3), but may not order compensatory damages pend18 ing a final order. The Secretary of Labor may not

19 enter into a settlement terminating a proceeding on

20 a complaint without the participation and consent of

21 the complainant.

22 ‘‘(3) CONTENTS OF ORDER.—If, in response to

23 a complaint filed under subsection (b), the Secretary

24 of Labor determines that a violation of subsection

25 (a) has occurred, the Secretary of Labor shall order
41

•HR 4792 IH

1 the person who committed such violation, to (A)

2 take affirmative action to abate the violation, and

3 (B) reinstate the complainant to his or her former

4 position together with the compensation (including

5 back pay), terms, conditions, and privileges of his

6 or her employment, and the Secretary of Labor may

7 order such person to provide compensatory damages

8 to the complainant. If an order issued under this

9 paragraph, the Secretary of Labor, at the request

10 of the complainant shall assess against the person

11 against whom the order is issued a sum equal to

12 the aggregate amount of all costs and expenses (in13 cluding attorney and expert witness fees) reasonably

14 incurred or advanced, without regard to whether the

15 complainant has actually paid the fees and expenses,

16 as determined by the Secretary of Labor, by the

17 complainant for, or in connection with, the bringing

18 of the complaint upon which the order was issued.

19 ‘‘(4) AVOIDANCE OF FRIVOLOUS COM20 PLAINTS.—

21 ‘‘(A) PRIMA FACIE SHOWING.—The Sec22 retary shall dismiss a complaint filed under

23 subsection (b), and shall not conduct the inves24 tigation required under paragraph (1), unless

25 the complainant has made a prima facie show-
42

•HR 4792 IH

1 ing that any behavior described in subpara2 graphs (A) through (F) of subsection (a)(1)

3 was a contributing factor in the unfavorable

4 personnel action or adverse action alleged in the

5 complaint, or both.

6 ‘‘(B) EMPLOYEE PROTECTION.—Notwith7 standing a finding by the Secretary that the

8 complainant has made the showing required by

9 subparagraph (A), no investigation required

10 under paragraph (1) and no relief may be or11 dered under paragraph (3) shall be conducted if

12 the employer demonstrates, by clear and con13 vincing evidence, that it would have taken the

14 same unfavorable personnel action in the ab15 sence of such behavior.

16 ‘‘(5) STANDARD.—The Secretary of Labor may

17 determine that a violation of subsection (a) has oc18 curred only if the complainant has demonstrated

19 that any behavior described in subparagraphs (A)

20 through (F) of subsection (a)(1) was a contributing

21 factor in the unfavorable personnel action or adverse

22 action alleged in the complaint.

23 ‘‘(d) REVIEW.—

24 ‘‘(1) IN GENERAL.—Any person adversely af25 fected or aggrieved by an order issued under sub-
43

•HR 4792 IH

1 section (c) may obtain review of the order in the

2 United States court of appeals for the circuit in

3 which the violation, with respect to which the order

4 was issued, allegedly occurred. The petition for re5 view must be filed within 60 days from the issuance

6 of the final order of the Secretary of Labor. Review

7 shall conform to chapter 7 of title 5 of the United

8 States Code. The commencement of proceedings

9 under this subparagraph shall not, unless ordered by

10 the court, operate as a stay of the Secretary of La11 bor’s order.

12 ‘‘(2) LIMITATION ON COLLATERAL ATTACK.—

13 An order of the Secretary of Labor with respect to

14 which review could have been obtained under para15 graph (1) shall not be subject to judicial review in

16 any criminal or other civil proceeding.

17 ‘‘(e) ENFORCEMENT OF ORDER BY SECRETARY OF

18 LABOR.—Whenever a person has failed to comply with an

19 order issued under subsection (c)(3), the Secretary of

20 Labor may file a civil action in the United States district

21 court for the district in which the violation was found to

22 occur to enforce such order. In actions brought under this

23 subsection, the district courts shall have jurisdiction to

24 grant all appropriate relief including, but not limited to,

25 injunctive relief, compensatory and exemplary damages.
44

•HR 4792 IH

1 ‘‘(f) ENFORCEMENT OF ORDER BY PARTIES.—

2 ‘‘(1) COMMENCEMENT OF ACTION.—Any person

3 on whose behalf an order was issued under sub4 section (c) may commence a civil action against the

5 person to whom such order was issued to require

6 compliance with such order. The appropriate United

7 States district court shall have jurisdiction, without

8 regard to the amount in controversy or the citizen9 ship of the parties, to enforce such order.

10 ‘‘(2) COSTS OF LITIGATION.—The court, in

11 issuing any final order under this subsection, may

12 award costs of litigation (including reasonable attor13 ney and expert witness fees) to any party whenever

14 the court determines such award is appropriate.

15 ‘‘(g) MANDAMUS.—Any nondiscretionary duty im16 posed by this section shall be enforceable in a mandamus

17 proceeding brought under section 1361, title 28, United

18 States Code.

19 ‘‘(h) NONAPPLICABILITY TO DELIBERATE VIOLA20 TIONS.—Subsection (a) shall not apply with respect to any

21 employee who, acting without direction from his or her

22 employer (or the employer’s agent), deliberately causes a

23 violation of any requirement of this chapter.

24 ‘‘(i) NONPREEMPTION.—This section may not be con25 strued to expand, diminish, or otherwise affect any right
45

•HR 4792 IH

1 otherwise available to an employee under Federal or State

2 law to redress the employee’s discharge or other discrimi3 natory action taken by the employer against the employee.

4 ‘‘(j) POSTING REQUIREMENT.—The provisions of the

5 section shall be prominently posted in any place of employ6 ment to which this section applies.

7 ‘‘(k) DUTY OF THE SECRETARY TO INVESTIGATE

8 SUBSTANTIVE ALLEGATIONS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall not

10 delay taking appropriate action with respect to an

11 allegation of a substantial safety hazard on the basis

12 of—

13 ‘‘(A) the filing of a complaint under sub14 section (b) arising from such allegation; or

15 ‘‘(B) any investigation by the Secretary of

16 Labor, or other action, under this section in re17 spect to such complaint.

18 ‘‘(2) EFFECT OF SECRETARIAL DETERMINA19 TION.—A determination by the Secretary of Labor

20 under this section that a violation of subsection (a)

21 has not occurred shall not be considered by the Sec22 retary of Transportation in the Secretary’s deter23 mination of whether a substantial safety hazard ex24 ists.’’.
46

•HR 4792 IH

1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 601 is amended by adding at the end the fol3 lowing:

‘‘601. Whistleblower protection.’’.

Æ