I

106TH CONGRESS

2D SESSION H. R. 4849

To provide for enhanced safety, public awareness, and environmental

protection in pipeline transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 2000

Mr. FRANKS of New Jersey (for himself, Mr. FRELINGHUYSEN, Mr.

PASCRELL, Mr. METCALF, Ms. DUNN, Mr. INSLEE, Mr. DICKS, Mr.

MCDERMOTT, Mr. BAIRD, and Mr. SMITH of Washington) 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 ‘‘Pipeline Safety Improvement Act of 2000’’.
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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.—Except as otherwise required by

11 this Act, the Secretary of Transportation shall implement

12 the safety improvement recommendations provided for in

13 the Department of Transportation Inspector General’s Re14 port (RT–2000–069).

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

16 90 days after the date of enactment of this Act, and every

17 90 days thereafter until each of the recommendations re18 ferred to in subsection (a) has been implemented, the Sec19 retary shall transmit to the Committee on Commerce,

20 Science, and Transportation of the Senate and the Com21 mittee on Transportation and Infrastructure of the House

22 of Representatives a report on the specific actions taken

23 to implement such recommendations.

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

25 Inspector General shall periodically transmit to the Com-
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1 mittees referred to in subsection (b) a report assessing the

2 Secretary’s progress in implementing the recommenda3 tions referred to in subsection (a) and identifying options

4 for the Secretary to consider in accelerating recommenda5 tion implementation.

6 SEC. 3. NTSB SAFETY RECOMMENDATIONS.

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

8 the Administrator of the Research and Special Program

9 Administration, and the Director of the Office of Pipeline

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

11 United States Code, to ensure timely responsiveness to

12 National Transportation Safety Board recommendations

13 about pipeline safety.

14 (b) PUBLIC AVAILABILITY.—The Secretary, Adminis15 trator, or Director, respectively, shall make a copy of each

16 recommendation on pipeline safety and response, as de17 scribed in section 1135(a) and (b) of title 49, United

18 States Code, available to the public at reasonable cost.

19 (c) REPORTS TO CONGRESS.—The Secretary, Admin20 istrator, or Director, respectively, shall submit to the Con21 gress by January 1 of each year a report containing each

22 recommendation on pipeline safety made by the Board

23 during the prior year and a copy of the response to each

24 such recommendation.
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1 SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

2 (a) QUALIFICATION PLAN.—Each pipeline operator

3 shall make available to the Secretary of Transportation,

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

5 the appropriate State regulatory agency, a plan that is de6 signed to enhance the qualifications of pipeline personnel

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

8 plan shall be made available not more than 6 months after

9 the date of enactment of this Act, and the operator shall

10 revise or update the plan as appropriate.

11 (b) REQUIREMENTS.—The enhanced qualification

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

13 the ability of an individual to safely and properly perform

14 tasks identified under section 60102 of title 49, United

15 States Code. The plan shall also provide for training and

16 periodic reexamination of pipeline personnel qualifications

17 and provide for requalification as appropriate. The Sec18 retary, or, in the case of an intrastate pipeline facility op19 erator, the appropriate State regulatory agency, may re20 view and certify the plans to determine if they are suffi21 cient to provide a safe operating environment and shall

22 periodically review the plans to ensure the continuation of

23 a safe operation. The Secretary may establish minimum

24 standards for pipeline personnel training and evaluation,

25 which may include written examination, oral examination,

26 work performance history review, observation during per-
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1 formance on the job, on the job training, simulations, or

2 other forms of assessment.

3 (c) REPORT TO CONGRESS.—

4 (1) IN GENERAL.—The Secretary shall submit

5 a report to the Congress evaluating the effectiveness

6 of operator qualification and training efforts,

7 including—

8 (A) actions taken by inspectors;

9 (B) recommendations made by inspectors

10 for changes to operator qualification and train11 ing programs; and

12 (C) industry responses to those actions and

13 recommendations.

14 (2) CRITERIA.—The Secretary may establish

15 criteria for use in evaluating and reporting on oper16 ator qualification and training for purposes of this

17 subsection.

18 (3) DUE DATE.—The Secretary shall submit

19 the report required by paragraph (1) to the Con20 gress 3 years after the date of enactment of this

21 Act.

22 SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

23 Section 60109 is amended by adding at the end the

24 following:

25 ‘‘(c) INTEGRITY MANAGEMENT.—
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1 ‘‘(1) GENERAL REQUIREMENT.—The Secretary

2 shall promulgate regulations requiring operators of

3 hazardous liquid pipelines and natural gas trans4 mission pipelines to evaluate the risks to the opera5 tor’s pipeline facilities in areas identified pursuant

6 to subsection (a)(1), and to adopt and implement a

7 program for integrity management that reduces the

8 risk of an incident in those areas. The regulations

9 shall be issued no later than one year after the Sec10 retary has issued standards pursuant to subsections

11 (a) and (b) of this section or by December 31, 2001,

12 whichever is sooner.

13 ‘‘(2) STANDARDS FOR PROGRAM.—In promul14 gating regulations under this subsection, the Sec15 retary shall require an operator’s integrity manage16 ment plan to be based on risk analysis and each

17 plan shall include, at a minimum—

18 ‘‘(A) internal inspection or pressure test19 ing, or another equally protective methods,

20 where these techniques are not feasible, that pe21 riodically assesses the integrity of the pipeline;

22 ‘‘(B) clearly defined criteria for evaluating

23 the results of the inspection or testing done

24 under subparagraph (A) and procedures to en-
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1 sure identified problems are corrected in a time2 ly manner;

3 ‘‘(C) measures, as appropriate, that pre4 vent and mitigate unintended releases, such as

5 leak detection, integrity evaluation, restrictive

6 flow devices, or other measures; and

7 ‘‘(D) a description of the operators’ con8 sultation with State and local officials during

9 development of the integrity management plan

10 and actions taken by the operator to address

11 safety concerns raised by such officials.

12 ‘‘(3) CRITERIA FOR PROGRAM STANDARDS.—In

13 deciding how frequently the integrity inspections or

14 testing under paragraph (2)(A) must be conducted,

15 an operator shall take into account the potential for

16 new defects developing or previously identified struc17 tural defects caused by construction or installation,

18 the operational characteristics of the pipeline, and

19 leak history. In addition, the Secretary may estab20 lish a minimum testing requirement for operators of

21 pipelines to conduct internal inspections.

22 ‘‘(4) STATE ROLE.—A State authority that has

23 an agreement in effect with the Secretary under sec24 tion 60106 is authorized to review and assess an op25 erator’s risk analyses and integrity management
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1 plans required under this subsection for interstate

2 pipelines located in that State. The reviewing State

3 authority shall provide the Secretary with a written

4 assessment of the plans, make recommendations, as

5 appropriate, to address safety concerns not ade6 quately addressed in the operator’s plans, and sub7 mit documentation explaining the State-proposed

8 plan revisions. The Secretary shall carefully consider

9 the State’s proposals and work in consultation with

10 the States and operators to address safety concerns.

11 ‘‘(5) MONITORING IMPLEMENTATION.—The

12 Secretary shall review the risk analysis and program

13 for integrity management required under this sub14 section and provide for continued monitoring of such

15 plans. Not later than 2 years after the implementa16 tion of integrity management plans under this sub17 section, the Secretary shall complete an assessment

18 and evaluation of the effects on safety and the envi19 ronment of extending all of the requirements man20 dated by the regulations described in paragraph (1)

21 to additional areas. The Secretary shall submit the

22 assessment and evaluation to Congress along with

23 any recommendations to improve and expand the

24 utilization of integrity management plans.’’.
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1 SEC. 6. ENFORCEMENT.

2 (a) IN GENERAL.—Section 60112 is amended—

3 (1) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a) GENERAL AUTHORITY.—After notice and an op6 portunity for a hearing, the Secretary of Transportation

7 may decide a pipeline facility is hazardous if the Secretary

8 decides that—

9 ‘‘(1) operation of the facility is or would be haz10 ardous to life, property, or the environment; or

11 ‘‘(2) the facility is, or would be, constructed or

12 operated, or a component of the facility is, or would

13 be, constructed or operated with equipment, mate14 rial, or a technique that the Secretary decides is

15 hazardous to life, property, or the environment.’’;

16 (2) by striking ‘‘is hazardous,’’ in subsection

17 (d) and inserting ‘‘is, or would be, hazardous’; and

18 (3) by adding at the end thereof the following:

19 ‘‘(f) SHUTDOWN AUTHORITY.—

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

21 case of an intrastate pipeline facility operator, the

22 appropriate State regulatory agency, determines that

23 allowing the continued operation of a hazardous liq24 uid or natural gas pipeline creates an imminent haz25 ard (as defined in section 5102(5)), the Secretary or

26 the agency shall take such action as may be nec-
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1 essary to prevent or restrict the operation of that

2 system for 30 days.

3 ‘‘(2) SUBSEQUENT EXTENSION AFTER NOTICE

4 AND HEARING.—After taking action under para5 graph (1), the Secretary of Transportation or the

6 agency may extend the period that action is in effect

7 if the Secretary or the agency determines, after no8 tice and an opportunity for a hearing, that allowing

9 the operation of the pipeline to resume would create

10 an imminent hazard (as defined in section 5102).’’.

11 SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,

12 AND COMMUNITY RIGHT TO KNOW.

13 (a) Section 60116 is amended to read as follows:

14 ‘‘§ 60116. Public education, emergency preparedness,

15 and community right to know

16 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—

17 ‘‘(1) Each owner or operator of a gas or haz18 ardous liquid pipeline facility shall carry out a con19 tinuing program to educate the public on the use of

20 a one-call notification system prior to excavation and

21 other damage prevention activities, the possible haz22 ards associated with unintended releases from the

23 pipeline facility, the physical indications that such a

24 release may have occurred, what steps should be
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1 taken for public safety in the event of a pipeline re2 lease, and how to report such an event.

3 ‘‘(2) Within 12 months after the date of enact4 ment of the Pipeline Safety Improvement Act of

5 2000, each owner or operator of a gas or hazardous

6 liquid pipeline facility shall review its existing public

7 education program for effectiveness and modify the

8 program as necessary. The completed program shall

9 include activities to advise affected municipalities,

10 school districts, businesses, and residents of pipeline

11 facility locations. The completed program shall be

12 submitted to the Secretary of Transportation or, in

13 the case of an intrastate pipeline facility operator,

14 the appropriate State agency and shall be periodi15 cally reviewed by the Secretary or, in the case of an

16 intrastate pipeline facility operator, the appropriate

17 State agency.

18 ‘‘(3) The Secretary may issue standards pre19 scribing the elements of an effective public education

20 program. The Secretary may also develop material

21 for use in the program.

22 ‘‘(b) EMERGENCY PREPAREDNESS.—

23 ‘‘(1) OPERATOR LIAISON.—Within 12 months

24 after the date of enactment of the Pipeline Safety

25 Improvement Act of 2000, an operator of a gas
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1 transmission or hazardous liquid pipeline facility

2 shall initiate and maintain liaison with the State

3 emergency response commissions, and local emer4 gency planning committees in the areas of pipeline

5 right-of-way, established under section 301 of the

6 Emergency Planning and Community Right-To7 Know Act of 1986 (42 U.S.C. 11001) in each State

8 in which it operates.

9 ‘‘(2) INFORMATION.—An operator shall, upon

10 request, make available to the State emergency re11 sponse commissions and local emergency planning

12 committees, and shall make available to the Office of

13 Pipeline Safety in a standardized form for the pur14 pose of providing the information to the public, the

15 information described in section 60102(d), any pro16 gram for integrity management, and information

17 about implementation of that program. The informa18 tion about the facility shall also include, at a

19 minimum—

20 ‘‘(A) the business name, address, telephone

21 number of the operator, including a 24-hour

22 emergency contact number;

23 ‘‘(B) a description of the facility including

24 pipe diameter, the product or products carried,

25 and the operating pressure;
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1 ‘‘(C) with respect to transmission pipeline

2 facilities, maps showing the location of the facil3 ity and, when available, any high consequence

4 areas which the pipeline facility traverses or ad5 joins and abuts;

6 ‘‘(D) a summary description of the integ7 rity measures the operator uses to assure safety

8 and protection for the environment; and

9 ‘‘(E) a point of contact to respond to ques10 tions from emergency response representative.

11 ‘‘(3) SMALLER COMMUNITIES.—In a community

12 without a local emergency planning committee, the

13 operator shall maintain liaison with the local fire,

14 police, and other emergency response agencies.

15 ‘‘(4) PUBLIC ACCESS.—The Secretary shall pre16 scribe requirements for public access, as appropriate,

17 to this information, including a requirement that the

18 information be made available to the public by wide19 ly accessible computerized database.

20 ‘‘(c) COMMUNITY RIGHT TO KNOW.—Not later than

21 12 months after the date of enactment of the Pipeline

22 Safety Improvement Act of 2000, and annually thereafter,

23 the owner or operator of each gas transmission or haz24 ardous liquid pipeline facility shall provide to the gov25 erning body of each municipality in which the pipeline fa-
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1 cility is located, a map identifying the location of such fa2 cility. The map may be provided in electronic form. The

3 Secretary may provide technical assistance to the pipeline

4 industry on developing public safety and public education

5 program content and best practices for program delivery,

6 and on evaluating the effectiveness of the programs. The

7 Secretary may also provide technical assistance to State

8 and local officials in applying practices developed in these

9 programs to their activities to promote pipeline safety.

10 ‘‘(d) PUBLIC AVAILABILITY OF REPORTS.—The Sec11 retary shall—

12 ‘‘(1) make available to the public—

13 ‘‘(A) a safety-related condition report filed

14 by an operator under section 60102(h);

15 ‘‘(B) a report of a pipeline incident filed by

16 an operator;

17 ‘‘(C) the results of any inspection by the

18 Office of Pipeline Safety or a State regulatory

19 official; and

20 ‘‘(D) a description of any corrective action

21 taken in response to a safety-related condition

22 reported under subparagraph (A), (B), or (C);

23 and

24 ‘‘(2) prescribe requirements for public access,

25 as appropriate, to integrity management program in-
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1 formation prepared under this chapter, including re2 quirements that will ensure data accessibility to the

3 greatest extent feasible.’’.

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 601 is amended by striking the item relat6 ing to section 60116 and inserting the following:

‘‘60116. Public education, emergency preparedness, and community right to

know.’’.

7 SEC. 8. PENALTIES.

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

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

10 and inserting ‘‘$500,000’’;

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

12 and inserting ‘‘$1,000,000’’;

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

14 the following: ‘‘The preceding sentence does not

15 apply to judicial enforcement action under section

16 60120 or 60121.’’; and

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

18 following:

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

20 the amount of a civil penalty under this section—

21 ‘‘(1) the Secretary shall consider—

22 ‘‘(A) the nature, circumstances, and grav23 ity of the violation, including adverse impact on

24 the environment;
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1 ‘‘(B) with respect to the violator, the de2 gree of culpability, any history of prior viola3 tions, the ability to pay, any effect on ability to

4 continue doing business; and

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

6 and

7 ‘‘(2) the Secretary may consider—

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

9 violation without any discount because of subse10 quent damages; and

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

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

13 amended—

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

15 (2) by inserting ‘‘knowingly and willfully’’ be16 fore ‘‘engages’’ in paragraph (1); and

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

18 following:

19 ‘‘(B) a pipeline facility, is aware of dam20 age, and does not report the damage promptly

21 to the operator of the pipeline facility and to

22 other appropriate authorities; or’’.

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

24 to read as follows:
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1 ‘‘(1) On the request of the Secretary of Transpor2 tation, the Attorney General may bring a civil action in

3 an appropriate district court of the United States to en4 force this chapter, including section 60112 of this chapter,

5 or a regulation prescribed or order issued under this chap6 ter. The court may award appropriate relief, including a

7 temporary or permanent injunction, punitive damages,

8 and assessment of civil penalties considering the same fac9 tors as prescribed for the Secretary in an administrative

10 case under section 60122.’’.

11 SEC. 9. STATE OVERSIGHT ROLE.

12 (a) STATE AGREEMENTS WITH CERTIFICATION.—

13 Section 60106 is amended—

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

15 subsection (a) and inserting ‘‘AGREEMENTS WITH16 OUT CERTIFICATION.—’’;

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

18 (d) as subsections (c), (d), and (e); and

19 (3) by inserting after subsection (a) the fol20 lowing:

21 ‘‘(b) AGREEMENTS WITH CERTIFICATION.—

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

23 certification under section 60105 of this title and

24 makes the determination required under this sub25 section, the Secretary may make an agreement with
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1 a State authority authorizing it to participate in the

2 oversight of interstate pipeline transportation. Each

3 such agreement shall include a plan for the State

4 authority to participate in special investigations in5 volving incidents or new construction and allow the

6 State authority to participate in other activities

7 overseeing interstate pipeline transportation or to

8 assume additional inspection or investigatory duties.

9 ‘‘(2) DETERMINATIONS REQUIRED.—The Sec10 retary may not enter into an agreement under this

11 subsection, unless the Secretary determines that—

12 ‘‘(A) the agreement allowing participation

13 of the State authority is consistent with the

14 Secretary’s program for inspection and con15 sistent with the safety policies and provisions

16 provided under this chapter;

17 ‘‘(B) the interstate participation agreement

18 would not adversely affect the oversight respon19 sibilities of intrastate pipeline transportation by

20 the State authority;

21 ‘‘(C) the State is carrying out a program

22 demonstrated to promote preparedness and risk

23 prevention activities that enable communities to

24 live safely with pipelines;
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1 ‘‘(D) the State meets the minimum stand2 ards for State one-call notification set forth in

3 chapter 61; and

4 ‘‘(E) the actions planned under the agree5 ment would not impede interstate commerce or

6 jeopardize public safety.

7 ‘‘(3) EXISTING AGREEMENTS.—Except as pro8 vided in subsection (e), an agreement between the

9 Secretary and a State authority that is in effect on

10 the date of enactment of the Pipeline Safety Im11 provement Act of 2000 shall remain in effect until

12 the Secretary determines that the State meets the

13 requirements for a determination under paragraph

14 (2).’’.

15 (b) ENDING AGREEMENTS.—Subsection (e) of sec16 tion 60106, as redesignated by subsection (a), is amended

17 to read as follows:

18 ‘‘(e) ENDING AGREEMENTS.—

19 ‘‘(1) PERMISSIVE TERMINATION.—The Sec20 retary may end an agreement under this section

21 when the Secretary finds that the State authority

22 has not complied with any provision of the agree23 ment.

24 ‘‘(2) MANDATORY TERMINATION OF AGREE25 MENT.—The Secretary shall end an agreement for
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1 the oversight of interstate pipeline transportation if

2 the Secretary finds that—

3 ‘‘(A) implementation of such agreement

4 has resulted in a gap in the oversight respon5 sibilities of intrastate pipeline transportation by

6 the State authority;

7 ‘‘(B) the State actions under the agree8 ment have failed to meet the requirements

9 under subsection (b); or

10 ‘‘(C) continued participation by the State

11 authority in the oversight of interstate pipeline

12 transportation is not promoting pipeline safety.

13 ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec14 retary shall give the notice and an opportunity for

15 a hearing to a State authority before ending an

16 agreement under this section. The Secretary may

17 provide a State an opportunity to correct any defi18 ciencies before ending an agreement. The finding

19 and decision to end the agreement shall be published

20 in the Federal Register and may not become effec21 tive for at least 15 days after the date of publication

22 unless the Secretary finds that continuation of an

23 agreement poses an imminent hazard.’’.

24 (c) CONTINUATION OF INTERSTATE AGENT AGREE25 MENT AUTHORITY.—
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1 (1) IN GENERAL.—If an agreement was in ef2 fect in 1999 between the Secretary of Transpor3 tation or one of its agencies and a State to permit

4 that State to oversee interstate pipeline transpor5 tation, the Secretary shall continue to permit that

6 State to carry out activities under the agreement, in7 cluding inspection responsibilities and other actions

8 to ensure compliance with Federal pipeline safety

9 regulations.

10 (2) TERMINATION.—Notwithstanding para11 graph (1), the Secretary may terminate an agree12 ment described in that paragraph if—

13 (A) the State wishes to withdraw from the

14 agreement;

15 (B) implementation of the agreement has

16 resulted in gaps in the oversight responsibilities

17 of intrastate pipeline transportation by the

18 State; or

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

20 agreement have had an adverse impact on pipe21 line safety or impeded interstate commerce.

22 (3) PROCEDURAL REQUIREMENTS FOR TERMI23 NATION.—Before terminating an agreement de24 scribed in paragraph (1), the Secretary shall give

25 notice and an opportunity for a hearing to the State,
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1 and provide an opportunity for the State to correct

2 any deficiencies. The Secretary shall publish the de3 cision to terminate such an agreement and the rea4 sons therefore in the Federal Register not less than

5 15 days before the termination is effective, unless

6 the Secretary finds that continuation of an agree7 ment poses an imminent hazard.

8 SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

9 (a) IN GENERAL.—Within 12 months after the date

10 of enactment of this Act, the Secretary of Transportation

11 shall develop and implement a comprehensive plan for the

12 collection and use of gas and hazardous liquid pipeline

13 data to revise the causal categories on the incident report

14 forms to eliminate overlapping and confusing categories

15 and include subcategories. The plan shall include compo16 nents to provide the capability to perform sound incident

17 trend analysis and evaluations of pipeline operator per18 formance using normalized accident data.

19 (b) REPORT OF RELEASES EXCEEDING 5 GAL20 LONS.—Section 60117(b) is amended—

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

22 (2) redesignating paragraphs (1) and (2) as

23 subparagraphs (A) and (B);

24 (3) inserting before the last sentence the fol25 lowing:
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1 ‘‘(2) A person owning or operating a hazardous liquid

2 pipeline facility shall report to the Secretary each release

3 to the environment greater than five gallons of the haz4 ardous liquid or carbon dioxide transported. This section

5 applies to releases from pipeline facilities regulated under

6 this chapter. A report must include the location of the re7 lease, fatalities and personal injuries, type of product,

8 amount of product release, cause or causes of the release,

9 extent of damage to property and the environment, and

10 the response undertaken to clean up the release.

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

12 a person owning or operating a pipeline facility shall make

13 records, reports, and information required under sub14 section (a) of this section or other reasonably described

15 records, reports, and information relevant to the incident

16 investigation, available to the Secretary within the time

17 limits prescribed in a written request.’’; and

18 (4) inserting ‘‘(4)’’ before ‘‘The Secretary’’.

19 (c) PENALTY AUTHORITIES.—(1) Section 60122(a)

20 is amended by striking ‘‘60114(c)’’ and substituting

21 ‘‘60117(b)(3)’’.

22 (2) Section 60123(a) is amended by striking

23 ‘‘60114(c)’’ and substituting ‘‘60117(b)(3)’’.
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1 (d) ESTABLISHMENT OF NATIONAL DEPOSITORY.—

2 Section 60117 is amended by adding at the end the fol3 lowing:

4 ‘‘(l) NATIONAL DEPOSITORY.—The Secretary shall

5 establish a national depository of data on events and con6 ditions, including spill histories and corrective actions for

7 specific incidents, that can be used to evaluate the risk

8 of, and to prevent, pipeline failures and releases. The Sec9 retary shall administer the program through the Bureau

10 of Transportation Statistics, in cooperation with the Re11 search and Special Programs Administration, and shall

12 make such information available for use by State and local

13 planning and emergency response authorities and the pub14 lic.’’.

15 SEC. 11. INNOVATIVE TECHNOLOGY DEVELOPMENT.

16 (a) IN GENERAL.—As part of the Department of

17 Transportation’s research and development program, the

18 Secretary of Transportation shall direct research attention

19 to the development of alternative technologies—

20 (1) to expand the capabilities of internal inspec21 tion devices to identify and accurately measure de22 fects and anomalies;

23 (2) to inspect pipelines that cannot accommo24 date internal inspection devices available on the date

25 of enactment;
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1 (3) to develop innovative techniques measuring

2 the structural integrity of pipelines;

3 (4) to improve the capability, reliability, and

4 practicality of external leak detection devices; and

5 (5) to develop and improve alternative tech6 nologies to identify and monitor outside force dam7 age to pipelines.

8 (b) COOPERATIVE.—The Secretary may participate

9 in additional technological development through coopera10 tive agreements with trade associations, academic institu11 tions, or other qualified organizations.

12 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

13 (a) GAS AND HAZARDOUS LIQUIDS.—Section

14 60125(a) is amended to read as follows:

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

16 this chapter and other pipeline-related damage prevention

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

18 authorized to be appropriated to the Department of

19 Transportation—

20 ‘‘(1) $26,000,000 for fiscal year 2001, of which

21 $20,000,000 is to be derived from user fees for fis22 cal year 2001 collected under section 60301 of this

23 title; and

24 ‘‘(2) $30,000,000 for each of the fiscal years

25 2002 and 2003 of which $23,000,000 is to be de-
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1 rived from user fees for fiscal year 2002 and fiscal

2 year 2003 collected under section 60301 of this

3 title.’’.

4 (b) GRANTS TO STATES.—Section 60125(c) is

5 amended to read as follows:

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

7 amounts may be appropriated to the Secretary to carry

8 out section 60107—

9 ‘‘(1) $17,000,000 for fiscal year 2001, of which

10 $15,000,000 is to be derived from user fees for fis11 cal year 2001 collected under section 60301 of this

12 title; and

13 ‘‘(2) $20,000,000 for each of the fiscal years

14 2002 and 2003 of which $18,000,000 is to be de15 rived from user fees for fiscal year 2002 and fiscal

16 year 2003 collected under section 60301 of this

17 title.’’.

18 (c) OIL SPILLS.—Section 60125 is amended by re19 designating subsections (d), (e), and (f) as subsections (e),

20 (f), (g) and inserting after subsection (c) the following:

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

22 amounts available in the Oil Spill Liability Trust Fund,

23 $8,000,000 shall be transferred to carry out programs au24 thorized in this Act for fiscal year 2001, fiscal year 2002,

25 and fiscal year 2003.’’.
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1 (d) DAMAGE PREVENTION ACTIVITIES.—Section

2 60125 is further amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(h) DAMAGE PREVENTION ACTIVITIES.—Out of

5 amounts authorized under subsection (a), there are au6 thorized to be appropriated to the Department of Trans7 portation $500,000 for fiscal year 2001, to remain avail8 able for expenditure until the end of fiscal year 2002, to

9 support damage prevention activities, including public

10 education and awareness, arising out of the best practices

11 study conducted under section 6105 of this title.’’.

12 SEC. 13. OPERATOR ASSISTANCE IN INVESTIGATIONS.

13 (a) IN GENERAL.—If the Department of Transpor14 tation or the National Transportation Safety Board inves15 tigate an accident, the operator involved shall make avail16 able to the representative of the Department or the Board

17 all records and information that in any way pertain to the

18 accident (including integrity management plans and test

19 results), and shall afford all reasonable assistance in the

20 investigation of the accident.

21 (b) HAZARDOUS FACILITY DESIGNATION.—A facility

22 operated by an operator that fails to take prompt action

23 to relieve, reassign, or place on leave (with or without com24 pensation) any employee whose duties affect public safety

25 and whose performance of those duties is a subject of such
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1 an accident investigation until the conclusion of the inves2 tigation is deemed to be hazardous under section 60112.

3 The Secretary shall take action under section 60112(d)

4 against that facility.

5 SEC. 14. PROTECTION OF EMPLOYEES PROVIDING PIPE6 LINE SAFETY INFORMATION.

7 (a) IN GENERAL.—Chapter 601 is amended by add8 ing at the end the following:

9 ‘‘§60129. Protection of employees providing pipeline

10 safety information

11 ‘‘(a) DISCRIMINATION AGAINST PIPELINE EMPLOY12 EES.—No pipeline operator or contractor or subcontractor

13 of a pipeline may discharge an employee or otherwise dis14 criminate against an employee with respect to compensa15 tion, terms, conditions, or privileges of employment be16 cause the employee (or any person acting pursuant to a

17 request of the employee)—

18 ‘‘(1) provided, caused to be provided, or is

19 about to provide (with any knowledge of the em20 ployer) or cause to be provided to the employer or

21 Federal Government information relating to any vio22 lation or alleged violation of any order, regulation,

23 or standard of the Research and Special Programs

24 Administration or any other provision of Federal law
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1 relating to pipeline safety under this chapter or any

2 other law of the United States;

3 ‘‘(2) has filed, caused to be filed, or is about to

4 file (with any knowledge of the employer) or cause

5 to be filed a proceeding relating to any violation or

6 alleged violation of any order, regulation, or stand7 ard of the Administration or any other provision of

8 Federal law relating to pipeline safety under this

9 chapter or any other law of the United States;

10 ‘‘(3) testified or is about to testify in such a

11 proceeding; or

12 ‘‘(4) assisted or participated or is about to as13 sist or participate in such a proceeding.

14 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE15 DURE.—

16 ‘‘(1) FILING AND NOTIFICATION.—A person

17 who believes that he or she has been discharged or

18 otherwise discriminated against by any person in

19 violation of subsection (a) may, not later than 90

20 days after the date on which such violation occurs,

21 file (or have any person file on his or her behalf) a

22 complaint with the Secretary of Labor alleging such

23 discharge or discrimination. Upon receipt of such a

24 complaint, the Secretary of Labor shall notify, in

25 writing, the person named in the complaint and the
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1 Administrator of the Research and Special Programs

2 Administration of the filing of the complaint, of the

3 allegations contained in the complaint, of the sub4 stance of evidence supporting the complaint, and of

5 the opportunities that will be afforded to such per6 son under paragraph (2).

7 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—

8 ‘‘(A) IN GENERAL.—Not later than 60

9 days after the date of receipt of a complaint

10 filed under paragraph (1) and after affording

11 the person named in the complaint an oppor12 tunity to submit to the Secretary of Labor a

13 written response to the complaint and an oppor14 tunity to meet with a representative of the Sec15 retary to present statements from witnesses,

16 the Secretary of Labor shall conduct an inves17 tigation and determine whether there is reason18 able cause to believe that the complaint has

19 merit and notify in writing the complainant and

20 the person alleged to have committed a violation

21 of subsection (a) of the Secretary’s findings. If

22 the Secretary of Labor concludes that there is

23 reasonable cause to believe that a violation of

24 subsection (a) has occurred, the Secretary shall

25 accompany the Secretary’s findings with a pre-
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1 liminary order providing the relief prescribed by

2 paragraph (3)(B). Not later than 30 days after

3 the date of notification of findings under this

4 paragraph, either the person alleged to have

5 committed the violation or the complainant may

6 file objections to the findings or preliminary

7 order, or both, and request a hearing on the

8 record. The filing of such objections shall not

9 operate to stay any reinstatement remedy con10 tained in the preliminary order. Such hearings

11 shall be conducted expeditiously. If a hearing is

12 not requested in such 30-day period, the pre13 liminary order shall be deemed a final order

14 that is not subject to judicial review.

15 ‘‘(B) REQUIREMENTS.—

16 ‘‘(i) REQUIRED SHOWING BY COM17 PLAINANT.—The Secretary of Labor shall

18 dismiss a complaint filed under this sub19 section and shall not conduct an investiga20 tion otherwise required under subpara21 graph (A) unless the complainant makes a

22 prima facie showing that any behavior de23 scribed in paragraphs (1) through (4) of

24 subsection (a) was a contributing factor in
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1 the unfavorable personnel action alleged in

2 the complaint.

3 ‘‘(ii) SHOWING BY EMPLOYER.—Not4 withstanding a finding by the Secretary

5 that the complainant has made the show6 ing required under clause (i), no investiga7 tion otherwise required under subpara8 graph (A) shall be conducted if the em9 ployer demonstrates, by clear and con10 vincing evidence, that the employer would

11 have taken the same unfavorable personnel

12 action in the absence of that behavior.

13 ‘‘(iii) CRITERIA FOR DETERMINATION

14 BY SECRETARY.—The Secretary may de15 termine that a violation of subsection (a)

16 has occurred only if the complainant dem17 onstrates that any behavior described in

18 paragraphs (1) through (4) of subsection

19 (a) was a contributing factor in the unfa20 vorable personnel action alleged in the

21 complaint.

22 ‘‘(iv) PROHIBITION.—Relief may not

23 be ordered under subparagraph (A) if the

24 employer demonstrates by clear and con25 vincing evidence that the employer would
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1 have taken the same unfavorable personnel

2 action in the absence of that behavior.

3 ‘‘(3) FINAL ORDER.—

4 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE5 MENT AGREEMENTS.—Not later than 120 days

6 after the date of conclusion of a hearing under

7 paragraph (2), the Secretary of Labor shall

8 issue a final order providing the relief pre9 scribed by this paragraph or denying the com10 plaint. At any time before issuance of a final

11 order, a proceeding under this subsection may

12 be terminated on the basis of a settlement

13 agreement entered into by the Secretary of

14 Labor, the complainant, and the person alleged

15 to have committed the violation.

16 ‘‘(B) REMEDY.—If, in response to a com17 plaint filed under paragraph (1), the Secretary

18 of Labor determines that a violation of sub19 section (a) has occurred, the Secretary of Labor

20 shall order the person who committed such vio21 lation to—

22 ‘‘(i) take affirmative action to abate

23 the violation;

24 ‘‘(ii) reinstate the complainant to his

25 or her former position together with the
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1 compensation (including back pay) and re2 store the terms, conditions, and privileges

3 associated with his or her employment; and

4 ‘‘(iii) provide compensatory damages

5 to the complainant.

6 If such an order is issued under this para7 graph, the Secretary of Labor, at the request of

8 the complainant, shall assess against the person

9 whom the order is issued a sum equal to the ag10 gregate amount of all costs and expenses (in11 cluding attorney’s and expert witness fees) rea12 sonably incurred, as determined by the Sec13 retary of Labor, by the complainant for, or in

14 connection with, the bringing the complaint

15 upon which the order was issued.

16 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the

17 Secretary of Labor finds that a complaint

18 under paragraph (1) is frivolous or has been

19 brought in bad faith, the Secretary of Labor

20 may award to the prevailing employer a reason21 able attorney’s fee not exceeding $1,000.

22 ‘‘(4) REVIEW.—

23 ‘‘(A) APPEAL TO COURT OF APPEALS.—

24 Any person adversely affected or aggrieved by

25 an order issued under paragraph (3) may ob-
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1 tain review of the order in the United States

2 Court of Appeals for the circuit in which the

3 violation, with respect to which the order was

4 issued, allegedly occurred or the circuit in which

5 the complainant resided on the date of such vio6 lation. The petition for review must be filed not

7 later than 60 days after the date of issuance of

8 the final order of the Secretary of Labor. Re9 view shall conform to chapter 7 of title 5,

10 United States Code. The commencement of pro11 ceedings under this subparagraph shall not, un12 less ordered by the court, operate as a stay of

13 the order.

14 ‘‘(B) LIMITATION ON COLLATERAL AT15 TACK.—An order of the Secretary of Labor

16 with respect to which review could have been

17 obtained under subparagraph (A) shall not be

18 subject to judicial review in any criminal or

19 other civil proceeding.

20 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

21 OF LABOR.—Whenever any person has failed to com22 ply with an order issued under paragraph (3), the

23 Secretary of Labor may file a civil action in the

24 United States district court for the district in which

25 the violation was found to occur to enforce such
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1 order. In actions brought under this paragraph, the

2 district courts shall have jurisdiction to grant all ap3 propriate relief, including, but not to be limited to,

4 injunctive relief and compensatory damages.

5 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—

6 ‘‘(A) COMMENCEMENT OF ACTION.—A per7 son on whose behalf an order was issued under

8 paragraph (3) may commence a civil action

9 against the person to whom such order was

10 issued to require compliance with such order.

11 The appropriate United States district court

12 shall have jurisdiction, without regard to the

13 amount in controversy or the citizenship of the

14 parties, to enforce such order.

15 ‘‘(B) ATTORNEY FEES.—The court, in

16 issuing any final order under this paragraph,

17 may award costs of litigation (including reason18 able attorney and expert witness fees) to any

19 party whenever the court determines such

20 award costs is appropriate.

21 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im22 posed by this section shall be enforceable in a mandamus

23 proceeding brought under section 1361 of title 28, United

24 States Code.
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1 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA2 TIONS.—Subsection (a) shall not apply with respect to an

3 employee of a pipeline, contractor or subcontractor who,

4 acting without direction from the pipeline contractor or

5 subcontractor (or such person’s agent), deliberately causes

6 a violation of any requirement relating to pipeline safety

7 under this chapter or any other law of the United States.

8 ‘‘(e) CONTRACTOR DEFINED.—In this section, the

9 term ‘contractor’ means a company that performs safety10 sensitive functions by contract for a pipeline.’’.

11 (b) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 601 is amended by adding at the end the

13 following:

‘‘60129. Protection of employees providing pipeline safety information.’’.

14 SEC. 15. PIPELINE SAFETY ADVISORY COUNCIL PILOT PRO15 GRAM.

16 (a) PILOT PROGRAM.—Within 120 days after the

17 date of enactment of this Act, the Secretary of Transpor18 tation shall create a Pipeline Safety Advisory Council pilot

19 program. Under the pilot program, the Secretary shall es20 tablish one or more Pipeline Safety Advisory Councils to

21 provide advice and recommendations to the Secretary on

22 a range of hazardous liquid or natural gas transmission

23 pipeline safety issues affecting pipelines operated in the

24 State in which the Council is established.
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1 (b) ESTABLISHMENT AND COMPOSITION.—A Council

2 shall be comprised of 11 members, appointed by the Sec3 retary as follows:

4 (1) All members shall be residents of the State

5 in which the pipelines are located the safety of which

6 that Council is to review and monitor.

7 (2) The membership shall include representa8 tives of—

9 (A) the general public (who are not rep10 resentatives of any other category under this

11 paragraph);

12 (B) pipeline right-of-way property owners

13 (who are not representatives of any other cat14 egory under this paragraph);

15 (C) local governments;

16 (D) emergency responders;

17 (E) environmental organizations; and

18 (F) State officials with jurisdiction over

19 pipeline safety.

20 (c) FUNCTIONS.—Each Advisory Council shall pro21 vide advice to the Secretary on pipeline safety regulations

22 and other matters relating to activities and functions of

23 the Department of Transportation’s Office of Pipeline

24 Safety. Each meeting shall be open to the public and the

25 Council shall maintain minutes of each meeting. Any rec-
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1 ommendations made by a Council shall be available upon

2 request to other interested parties. In carrying out its ad3 visory duties, each Council shall—

4 (1) provide advice and recommendations on

5 policies, permits, and regulations relating to the op6 eration and maintenance of pipeline facilities which

7 affect the State to the Secretary and the Governor

8 of the State;

9 (2) review and comment on proposals for new

10 pipeline facilities in the State, including issues of

11 public safety and environmental impact;

12 (3) submit advice to the Secretary on permits

13 and standards that would affect the environment

14 and safety of a pipeline operating in that State;

15 (4) submit recommendations to the Secretary

16 and appropriate authorities of the State on stand17 ards to improve pipeline safety, accidental release re18 sponses, emergency preparedness, and efforts to help

19 the public live safely with pipelines; and

20 (5) provide an annual report to the Secretary

21 on its activities and the steps taken in the State to

22 address its advice and safety recommendations.

23 (d) FUNDING.—

24 (1) FUNDING REQUEST BY COUNCIL.—Each

25 Council shall submit an application for a funding re-
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1 quest to the Secretary, at such time, in such form,

2 and containing such information as the Secretary

3 may require, outlining the Council’s budget.

4 (2) SECRETARY TO APPROVE BUDGET AND PRO5 VIDE FUNDS.—After receiving a request under para6 graph (1) from a Council, the Secretary shall deter7 mine the level of Council funding and may—

8 (A) utilize funds obtained from fines and

9 penalties to finance the Council; or

10 (B) make appropriated funds available to

11 the Council.

12 (e) PILOT PROGRAM ASSESSMENT.—A Council estab13 lished under this section shall submit an annual report to

14 the Secretary. The annual report shall list all activities

15 undertaken by the Council to improve the safety of pipe16 lines located within its State and what action taken was

17 by the State and Department of Transportation to address

18 pipeline operation safety as a result of the Council’s activi19 ties. Based on the submitted annual reports, and any

20 other material a Council may submit, the Secretary shall

21 determine the need for continuing and, if appropriate, ex22 panding the pilot program. The Secretary shall report that

23 determination, together with any recommendations con24 cerning the program, to the House of Representatives

25 Committee on Transportation and Infrastructure and the
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1 Senate Committee on Commerce, Science, and Transpor2 tation by December 31, 2004.

3 SEC. 16. FINES AND PENALTIES.

4 The Inspector General of the Department of Trans5 portation shall conduct an analysis of the Department’s

6 assessment of fines and penalties on gas transmission and

7 hazardous liquid pipelines, including the cost of corrective

8 actions required by the Department in lieu of fines, and,

9 no later than 6 months after the date of enactment of this

10 Act, shall provide a report to the Senate Committee on

11 Commerce, Science, and Transportation and the House

12 Committee on Transportation and Infrastructure on any

13 findings and recommendations for actions by the Sec14 retary or Congress to ensure the fines assessed are an ef15 fective deterrent for reducing safety risks.

16 SEC. 17. STUDY OF RIGHTS-OF-WAY.

17 The Secretary of Transportation is authorized to con18 duct a study on how best to preserve environmental re19 sources in conjunction with maintaining pipeline rights20 of-way. The study shall recognize pipeline operators’ regu21 latory obligations to maintain rights-of-way and to protect

22 public safety.

Æ