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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4792 Introduced in House (IH)]

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.

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

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

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Pipeline Safety Improvement Act of 2000''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation shall implement 
the safety improvement recommendations provided for in report number 
RT-2000-069 of the Inspector General of the Department of 
Transportation.
    (b) Reports by the Secretary.--Not later than 90 days after the 
date of enactment of this Act, and every 90 days thereafter until each 
of the recommendations referred to in subsection (a) has been 
implemented, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the specific actions taken to implement such recommendations.
    (c) Reports by the Inspector General.--The Inspector General shall 
periodically transmit to the Committees referred to in subsection (b) a 
report assessing the Secretary's progress in implementing the 
recommendations referred to in subsection (a) and identifying options 
for the Secretary to consider in accelerating recommendation 
implementation.

SEC. 3. NTSB SAFETY RECOMMENDATIONS AND GAO REPORT.

    (a) In General.--The Secretary of Transportation, acting through 
the Administrator of Research and Special Program Administration and 
the Director of the Office of Pipeline Safety, shall comply with 
section 1135 of title 49, United States Code, to ensure timely 
responsiveness to recommendations of the National Transportation Safety 
Board regarding pipeline safety.
    (b) Public Availability.--The Secretary shall make a copy of each 
recommendation regarding pipeline safety of the Board and the 
Secretary's response to the recommendation under sections 1135(a) and 
1135(b) of title 49, United States Code, available to the public by way 
of the Internet without charge and otherwise at a reasonable cost.
    (c) Review of GAO Report.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall review report number GAO/
RCED-00-128 of the General Accounting Office, dated May 2000, for the 
purpose of determining the Department of Transportation's position 
regarding the findings and recommendations in the report and make the 
results of the review available to the public by way of the Internet 
without charge and otherwise at a reasonable cost.

SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.

    (a) Qualification Plan.--Each pipeline operator or, in the case of 
an intrastate pipeline facility operator, the appropriate State 
regulatory agency, shall make available to the Secretary of 
Transportation a plan that is designed to enhance the qualifications of 
pipeline personnel and to reduce the likelihood of accidents and 
injuries. The plan shall be submitted no later than April 21, 2001, and 
the operator shall revise or update the plan as appropriate and make 
this plan available to the public.
    (b) Requirements.--The enhanced qualification plan shall include, 
at a minimum, criteria to demonstrate the ability of an individual to 
safely and properly perform tasks identified under section 60102 of 
title 49, United States Code. The plan shall also provide for periodic 
training and reexamination of pipeline personnel qualifications and 
provide for requalification as appropriate. The Secretary or, in the 
case of an intrastate pipeline facility operator, the appropriate State 
regulatory agency, may review and certify the plans to determine if 
they are sufficient to provide a safe operating environment and shall 
periodically review the plans to ensure the continuation of a safe 
operation. The Secretary shall establish minimum standards for pipeline 
personnel training and evaluation, which may include written 
examination, oral examination, work performance history review, 
observation during performance on the job, on the job training, 
simulations, or other forms of assessment.
    (c) Testing and Certification.--Section 60102(a)(1)(C) is amended 
to read as follows:
            ``(C) shall include a requirement that all individuals 
        responsible for the operation and maintenance of pipeline 
        facilities be tested for qualification to perform such 
        functions and certified as qualified by the Secretary to 
        perform such functions and may include a requirement that those 
        individuals obtain additional education and training to qualify 
        to perform such functions.''.
    (d) Suspension of Certification.--Section 60102(a) is amended by 
adding at the end the following:
            ``(3) Suspension of certification.--The Secretary may 
        suspend or revoke the certification of an individual under 
        paragraph (1)(C) if the Secretary determines, after providing 
        notice and an opportunity for a hearing, that the individual 
        contributed to a violation of this chapter (including any 
        regulation issued to carry out this chapter) or the individual 
        willfully refuses to cooperate with the investigation of such 
        violation. The Secretary may only suspend or revoke a 
        certification under this paragraph in a manner that is not 
        inconsistent with the constitutional rights of the 
        individual.''.

SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.

    Section 60109 is amended by adding at the end the following:
    ``(c) Integrity Management.--Not later than 12 months after the 
date of enactment of this subsection, the Secretary shall issue 
regulations as follows:
            ``(1) For natural gas pipelines, regulations that--
                    ``(A) require the operators of natural gas pipeline 
                facilities to conduct periodic assessment of the 
                integrity of such facilities through methods, including 
                internal inspection, pressure testing, or direct 
                assessment, or other effective methods;
                    ``(B) clearly define criteria for evaluating the 
                results of the inspection or testing done under this 
                paragraph and procedures to ensure identified problems 
                are corrected in a timely manner; and
                    ``(C) require such operators to prevent and 
                mitigate unintended releases through such measures as 
leak detection, integrity evaluation, or restrictive flow devices.
            ``(2) For hazardous liquid pipelines, regulations that--
                    ``(A) require the operators of hazardous liquid 
                pipeline facilities (other than distribution lines) to 
                determine periodically, but not less often than every 5 
                years, the integrity of such facilities to operate 
                safely in environmentally sensitive and high-density 
                population areas;
                    ``(B) require such operators to perform periodic 
                inspections through methods, including internal 
                inspection, direct assessment, and periodic hydrostatic 
                pressure tests on facilities that the Secretary 
                determines are high-risk facilities or, instead of 
                hydrostatic pressure testing, equally protective 
                measures capable of identifying corrosion, mechanical 
                damage, longitudinal anomalies, or other structural or 
                operational defects that could be detrimental to safety 
                and the environment;
                    ``(C) clearly define criteria for evaluating the 
                results of the inspection or testing done under this 
                paragraph and procedures to ensure identified problems 
                are corrected in a timely manner; and
                    ``(D) require such operators to prevent and 
                mitigate unintended releases through such measures as 
                leak detection, integrity evaluation, or restrictive 
                flow devices.''.

SEC. 6. SHUTDOWN AUTHORITY.

    Section 60112 is amended by adding at the end the following:
    ``(f) Shutdown Authority.--
            ``(1) In general.--If the Secretary, or, in the case of an 
        intrastate pipeline facility operator, the appropriate State 
        regulatory agency, determines that allowing the continued 
        operation of a hazardous liquid or natural gas pipeline creates 
        an imminent hazard (as defined in section 5102), the Secretary 
        or the State agency shall take such action as may be necessary 
        to prevent or restrict the operation of that system for 30 
        days.
            ``(2) Subsequent extension after notice and hearing.--After 
        taking action under paragraph (1), the Secretary or the State 
        agency may extend the period that action is in effect for an 
        additional period of up to 30 days if the Secretary or the 
        State agency determines, after notice and an opportunity for a 
        hearing, that allowing the operation of the pipeline to resume 
        would create an imminent hazard (as defined in section 
        5102).''.

SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS, AND COMMUNITY RIGHT 
              TO KNOW.

    (a) In General.--Section 60116 is amended to read as follows:
``Sec. 60116. Public education, emergency preparedness, and community 
              right to know
    ``(a) Public Education Programs.--
            ``(1) Continuing program.--Each owner or operator of a gas 
        or hazardous liquid pipeline facility shall carry out a 
        continuing program to educate the public on the use of a one-
        call notification system prior to excavation and other damage 
        prevention activities, the possible hazards associated with 
        unintended releases from the pipeline facility, the physical 
        indications that such a release may have occurred, what steps 
        should be taken for public safety in the event of a pipeline 
        release, and how to report such an event.
            ``(2) Review of existing program.--Within 12 months after 
        the date of enactment of this paragraph, each owner or operator 
        of a gas or hazardous liquid pipeline facility shall review its 
        existing public education program for effectiveness and modify 
        the program as necessary. The completed plan shall include 
        activities to advise municipalities, school districts, 
        businesses, and residents of pipeline facility locations. The 
        completed plans shall be submitted to the Secretary of 
        Transportation and shall be periodically reviewed by the 
        Secretary.
            ``(3) Standards; development of material.--The Secretary 
        may issue standards prescribing the elements of an effective 
        public education program. The Secretary may also develop 
        material for use in the program.
    ``(b) Emergency Preparedness.--Within 12 months after the date of 
enactment of this subsection, an operator of a gas or hazardous liquid 
pipeline facility shall initiate and maintain liaison with the Office 
of Pipeline Safety, the Regional Emergency Response Coordinator, and 
the State Emergency Response Commission and local emergency planning 
committees in the areas of pipeline right-of way, established under 
section 301 of the Emergency Planning and Community Right-To-Know Act 
of 1986 (42 U.S.C. 11001) in each State in which it operates. In a 
community without a local emergency planning committee, the operator 
shall maintain liaison with the local fire, police, and other emergency 
response agencies.
    ``(c) Format of Information.--An operator of a pipeline facility 
making information available under subsection (b) shall make the 
information available in a format integrated into a commercial off-the-
shelf in-vehicle portable computer global positioning system navigation 
mapping software used in first responder vehicles equipped with 
portable computers and responding to pipeline spills.
    ``(d) Designation of RETC.--The Secretary shall designate for the 
purposes of subsection (e)(3) the Regional Emergency Transportation 
Coordinator with the responsibility of defining the in-vehicle 
navigation mapping standards and contracting the outsource mapping 
vendor, which can provide the most cost effective first responder 
mapping tool, for coordinated emergency responses, in the geographic 
area.
    ``(e) Community Right To Know.--Within 12 months after the date of 
enactment of this subsection and every 5 years thereafter, each 
pipeline owner or operator shall conduct and submit to the Secretary 
and to the State or States in which the pipeline segment is located a 
`pipeline segment safety assessment' for each segment under its 
operating control. The Secretary shall within 180 days of enactment of 
this act, establish and maintain a National Pipeline Registry to make 
the `pipeline segment safety assessments' available free of charge on 
the Internet. The `pipeline segment safety assessment' shall include, 
but not be limited to, the following elements:
            ``(1) The business name, address, and telephone number of 
        the owner and operator, including the parent company, a 24-hour 
        emergency contact number that is capable of identifying the 
        material shipped through a pipeline, and the contact 
        responsible for beginning a pipeline's emergency shut-down 
        procedure.
            ``(2) A description of the pipeline, including pipeline 
        diameter, the substance or substances carried, maximum 
        allowable operating pressure, construction material, and age.
            ``(3) A map showing the location of the pipeline right-of-
        way, including the results (including location of significant 
        pipeline anomalies) obtained under inspection programs 
        conducted under section 60109(c)), identification of any 
        portions of the pipeline that could affect environmentally 
        sensitive areas and high-density population areas.
            ``(4) Identify primary causes of pipeline failure for each 
        segment.
            ``(5) A 5-year pipeline segment incident history, including 
        any incident involving death, injury, evacuation, environmental 
        contamination, or property damage, and safety-related condition 
        reports filed by an operator under section 60102(h) and a 
        report of a pipeline incident filed by an operator under this 
        chapter.
            ``(6) A 5-year pipeline hazard prevention history, 
        including testing methods and dates, company inspection and 
        testing results and repair history.
            ``(7) Pipeline segment spill mitigation technologies in 
        use, including shut-off valve distances and leak detection 
        technologies and sensitivities.
            ``(8) 5-year inspection and enforcement histories.
            ``(9) Additional identification, safety, or integrity 
        management information as determined by the Secretary.
    ``(f) Public Outreach and Technical Assistance.--Not later than 12 
months after the date of enactment of this subsection and annually 
thereafter, the owner or operator of each gas or hazardous liquid 
pipeline facility shall provide to the governing body of each 
municipality in which the pipeline facility is located. The Secretary 
may provide technical assistance to the pipeline industry on developing 
public safety and public education program content and best practices 
for program delivery, and on evaluating the effectiveness of the 
programs. The Secretary may also provide technical assistance to State 
and local officials in applying practices developed in these programs 
to their activities.
    ``(g) Promoting Public Awareness for Neighbors of Pipelines.--Not 
later than 1 year after the date of enactment of this subsection, and 
annually thereafter, the owner or operator of each interstate gas 
pipeline facility or interstate hazardous liquid pipeline facility 
shall notify all residents within 1000 yards, or such other distance as 
the Secretary determines appropriate, of the facility of--
            ``(1) the general location of the facility;
            ``(2) a request for reporting of any instances of 
        excavation or dumping on or near the facility;
            ``(3) a phone number to use to make such reports; and
            ``(4) appropriate procedures for such residents to follow 
        in response to accidents concerning such interstate pipeline 
        facilities.
    ``(h) Pipeline Segment Defined.--In this section, the term 
`pipeline segment' means a length of pipeline with homogeneous 
construction, operational, geographic, and ownership 
characteristics.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by striking the item relating to section 60116 and inserting 
the following:

``60116. Public education, emergency preparedness, community right to 
                            know.''.

SEC. 8. CIVIL PENALTIES.

    (a) Civil Penalties.--Section 60122 is amended--
            (1) by striking ``$25,000'' in subsection (a)(1) and 
        inserting ``$500,000'';
            (2) by striking ``$500,000'' in subsection (a)(1) and 
        inserting ``$1,000,000'';
            (3) by adding at the end of subsection (a)(1) the 
        following: ``The preceding sentence does not apply to a 
        judicial enforcement action under section 60120 or 60121.''; 
        and
            (4) by striking subsection (b) and inserting the following:
    ``(b) Penalty Considerations.--In determining the amount of a civil 
penalty under this section--
            ``(1) the Secretary shall consider--
                    ``(A) the nature, circumstances, and gravity of the 
                violation, including adverse impact on the environment;
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior violations, the 
                ability to pay, any effect on ability to continue doing 
                business; and
                    ``(C) good faith in attempting to comply; and
            ``(2) the Secretary may consider--
                    ``(A) the economic benefit gained from the 
                violation without any discount because of subsequent 
                damages; and
                    ``(B) other matters that justice requires.''.
    (b) Excavator Damage.--Section 60123(d) is amended--
            (1) by striking ``knowingly and willfully'';
            (2) in paragraph (1) by inserting ``knowingly and 
        willfully'' before ``engages''; and
            (3) striking paragraph (2)(B) and inserting the following:
                    ``(B) a pipeline facility, is aware of damage, and 
                does not report the damage promptly to the operator of 
                the pipeline facility and to other appropriate 
                authorities; or''.
    (c) Civil Actions.--Section 60120(a)(1) is amended to read as 
follows:
    ``(1) On the request of the Secretary of Transportation, the 
Attorney General may bring a civil action in an appropriate district 
court of the United States to enforce this chapter, including section 
60112 of this chapter, or a regulation prescribed or order issued under 
this chapter. The court may award appropriate relief, including a 
temporary or permanent injunction, punitive damages, and assessment of 
civil penalties considering the same factors as prescribed for the 
Secretary in an administrative case under section 60122.''.
    (d) Civil Penalty Action for Discharges.--
            (1) In general.--Any person who is the owner, operator, or 
        person in charge of a hazardous liquid pipeline facility from 
        which a hazardous liquid is discharged shall be subject to a 
        civil penalty in an amount up to $25,000 per day of violation 
        or an amount up to $1,000 per barrel of oil or other hazardous 
        liquid discharged.
            (2) Gross negligence.--In any case in which a person is 
        liable under paragraph (1) as the result of gross negligence or 
        willful misconduct of such person, such person shall be subject 
        to a civil penalty of not less than $100,000, and not more than 
        $3,000 per barrel of oil or unit of reportable quantity of 
        other hazardous liquid discharged.
            (3) Jurisdiction.--An action to impose a civil penalty 
        under this subsection may be brought in the district court of 
        the United States for the district in which the defendant is 
        located, resides, or is doing business, and such court shall 
        have jurisdiction to assess such penalty.
            (4) Limitation.--A person is not liable for a civil penalty 
        under this subsection for a discharge if the person has been 
        assessed a civil penalty under section 309 or 311(b) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1319; 1321(b)) 
        for the discharge.
            (5) Determination of amount.--In determining the amount of 
        a civil penalty under this subsection, the Secretary of 
        Transportation or the court, as the case may be, shall consider 
        the seriousness of the violation or violations, the economic 
        benefit to the violator, if any, resulting from the violation, 
        the degree of culpability involved, any other penalty for the 
        same incident, any history of prior violations, the nature, 
        extent, and degree of success of any efforts of the violator to 
        minimize or mitigate the effects of the discharge, the economic 
        impact of the penalty on the violator, and any other matters as 
        justice may require.
            (6) Definitions.--In this section, the terms ``hazardous 
        liquid'' and ``hazardous liquid pipeline facility'' have the 
        meaning such terms have under section 60101 of title 49, United 
        States Code, and the term ``oil'' has the meaning such term has 
        under section 311(a) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1321(a)).

SEC. 9. ENHANCED STATE OVERSIGHT.

    (a) State Agreements With Certification.--Section 60106 is 
amended--
            (1) by striking ``General Authority.--'' in subsection (a) 
        and inserting ``Agreements Without Certification.--'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Agreements With Certification.--
            ``(1) In general.--If the Secretary accepts a certification 
        under section 60105, the Secretary may make an agreement with a 
        State authority authorizing it to participate in the activities 
        of interstate pipeline transportation in compliance with 
        Federal guidelines and standards. An agreement shall include a 
        plan for the State authority to participate in additional 
        inspections and special investigations of incidences involving 
        violations of this title or new construction.
            ``(2) Additional state authority.--An agreement under 
        paragraph (1) may also include a program allowing for 
        participation by the State authority in other activities 
        involving interstate pipeline transportation that are 
        consistent with the Secretary's program and address issues of 
        local concern or allowing the State authority to assume 
        additional inspection or investigatory duties if the Secretary 
        determines that--
                    ``(A) there are no significant gaps in the 
                regulatory jurisdiction of the State authority over 
                intrastate pipeline transportation;
                    ``(B) implementation of the agreement will not 
                adversely affect the oversight of intrastate pipeline 
                transportation by the State authority;
                    ``(C) the program allowing participation of the 
                State authority is consistent with the Secretary's 
                program for inspection;
                    ``(D) the State promotes preparedness and 
                prevention activities that enable communities to live 
                safely with pipelines; and
                    ``(E) the State meets the minimum standards for 
                State one-call notification set forth in chapter 61.
            ``(3) Existing agreements.--Except as provided in 
        subsection (e), an agreement between the Secretary and a State 
        authority that is in effect on the date of enactment of this 
        paragraph shall remain in effect until the Secretary determines 
        that the State meets the requirements for a determination under 
        paragraph (2).''.
    (b) Ending Agreements.--Section 60106(e), as redesignated by 
subsection (a) of this section, is amended to read as follows:
    ``(e) Ending Agreements.--
            ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) implementation of such agreement has resulted 
                in a gap in the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(B) the State actions under the agreement have 
                failed to meet the requirements under subsection (b); 
                or
                    ``(C) continued participation by the State 
                authority in the oversight of interstate pipeline 
                transportation is not promoting pipeline safety.
            ``(3) Procedural requirements.--The Secretary shall give 
        notice and an opportunity for a hearing to a State authority 
        before ending an agreement under this section. The Secretary 
        may provide a State an opportunity to correct any deficiencies 
        before ending an agreement. The finding and decision to end the 
        agreement shall be published in the Federal Register and may 
        not become effective for at least 15 days after the date of 
        publication, unless the Secretary finds that continuation of an 
        agreement poses an imminent hazard.''.
    (c) Continuation of Interstate Agent Agreement Authority.--
            (1) In general.--If an agreement was in effect in 1999 
        between the Secretary of Transportation or one of its agencies 
        and a State to permit that State to oversee interstate pipeline 
        transportation, the Secretary shall continue to permit that 
        State to carry out activities under the agreement, including 
        inspection responsibilities and other actions to ensure 
        compliance with Federal pipeline safety regulations.
            (2) Termination.--Notwithstanding paragraph (1), the 
        Secretary may terminate an agreement described in that 
        paragraph if--
                    (A) the State wishes to withdraw from the 
                agreement;
                    (B) implementation of the agreement has resulted in 
                gaps in the oversight responsibilities of intrastate 
                pipeline transportation by the State; or
                    (C) the State's oversight actions under the 
                agreement have had an adverse impact on pipeline safety 
                or impeded interstate commerce.
            (3) Procedural requirements for termination.--Before 
        terminating an agreement described in paragraph (1), the 
        Secretary shall give notice and an opportunity for a hearing to 
        the State, and provide an opportunity for the State to correct 
        any deficiencies. The Secretary shall publish the decision to 
        terminate such an agreement and the reasons therefore in the 
        Federal Register not less than 15 days before the termination 
        is effective, unless the Secretary finds that continuation of 
        an agreement poses an imminent hazard.

SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

    (a) Plan.--Within 12 months after the date of enactment of this 
Act, the Secretary of Transportation shall develop and implement a 
comprehensive plan for the collection and use of gas and hazardous 
liquid pipeline data to revise the causal categories on the accident 
report forms to eliminate overlapping and confusing categories and 
include subcategories. The plan shall include components to provide the 
capability to perform sound accident trend analysis and evaluations of 
pipeline operator performance using normalized accident data.
    (b) Report of Releases Exceeding 5 Gallons.--Section 60117(b) is 
amended--
            (1) by inserting ``(1)'' before ``To'';
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (3) by inserting before the last sentence the following:
    ``(2) A person owning or operating a hazardous liquid pipeline 
facility shall report to the Secretary each release to the environment 
greater than 5 gallons of the hazardous liquid or carbon dioxide. This 
paragraph applies to releases from pipeline facilities regulated under 
this chapter and from rural gathering lines not regulated under this 
chapter. A report must include the location of the release, fatalities 
and personal injuries, type of product, amount of product release, 
causes of the release, extent of damage to property and the 
environment, and the response undertaken to clean up the release.
    ``(3) During the course of an incident investigation, a person 
owning or operating a pipeline facility shall make records, reports, 
and information required under paragraph (1) or other reasonably 
described records, reports, and information relevant to the incident 
investigation available to the Secretary within the time limits 
prescribed in a written request.''; and
            (4) by striking ``The Secretary'' and inserting the 
        following:
    ``(4) The Secretary''.

SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVELOPMENT.

    (a) In General.--As part of the Department's research and 
development program, the Secretary of Transportation shall direct 
research attention to the development of alternative technologies--
            (1) to expand the defect detection capabilities of internal 
        inspection devices;
            (2) to inspect pipelines that cannot accommodate internal 
        inspection devices available on the date of enactment;
            (3) to develop innovative techniques measuring the 
        structural integrity of pipelines;
            (4) to expand the capability, reliability, and practicality 
        of external leak detection devices; and
            (5) to develop and study the effectiveness of double-walled 
        pipelines for the purposes of preventing ruptures and leaks, 
        containing releases, and improving leak detection capabilities.
    (b) Cooperative.--The Secretary may participate in additional 
technological development through cooperative agreements with trade 
associations, academic institutions, or other qualified organizations.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter and 
other pipeline-related damage prevention activities of this title 
(except for section 60107), there are authorized to be appropriated to 
the Department of Transportation--
            ``(1) $26,000,000 for fiscal year 2001, of which 
        $20,000,000 is to be derived from user fees for fiscal year 
        2001 collected under section 60301 of this title; and
            ``(2) $30,000,000 for each of the fiscal years 2002 and 
        2003 of which $23,000,000 is to be derived from user fees for 
        fiscal year 2002 and fiscal year 2003 collected under section 
        60301 of this title.''.
    (b) State Grants.--Section 60125(c) is amended to read as follows:
    ``(c) State Grants.--Not more than the following amounts may be 
appropriated to the Secretary to carry out section 60107--
            ``(1) $17,000,000 for fiscal year 2001, of which 
        $15,000,000 is to be derived from user fees for fiscal year 
        2002 collected under section 60301 of this title; and
            ``(2) $20,000,000 for the fiscal years 2002 and 2003 of 
        which $18,000,000 is to be derived from user fees for fiscal 
        year 2002 and fiscal year 2003 collected under section 60301 of 
        this title.''.
    (c) Oil Spill Liability Trust Fund.--Sections 60525 is amended by 
redesignating subsections (d), (e), and (f) as subsections (e), (f), 
and (g), respectively, and by inserting after subsection (c) the 
following:
    ``(d) Oil Spill Liability Trust Fund.--Of the amounts available in 
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to 
carry out programs authorized in this Act for fiscal year 2001, fiscal 
year 2002, and fiscal year 2003.''.

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

    The Secretary of Transportation is authorized to conduct a study on 
how best to preserve environmental resources in conjunction with 
maintaining pipeline rights-of-way. The study shall recognize pipeline 
operators' regulatory obligations to maintain rights-of-way and to 
protect public safety.

SEC. 14. REGIONAL ADVISORY COUNCIL PILOT PROGRAM.

    (a) Establishment.--
            (1) State designation.--Within 120 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        designate 1 or more States the Governor of each of which may 
        establish a Regional Advisory Council in accordance with this 
        section.
            (2) State selection criteria.--The Secretary shall make the 
        designation of a State to participate in the pilot program 
        under this section based on the following criteria:
                    (A) The State experienced an accident involving a 
                hazardous liquid pipeline during which 1 or more 
                persons were killed or involving a discharge of more 
                than 100,000 gallons of hazardous liquid into the 
                environment in the 24-month period ending on the date 
                of enactment of this Act.
                    (B) The Governor of the State requests the 
                designation.
                    (C) The legislative body of the State has passed 
                legislation indicating its desire to involve the State 
                in hazardous liquid pipeline regulation or oversight in 
                such 24-month period.
    (b) Purpose.--Each Regional Advisory Council under this section 
shall be responsible for safety and environmental oversight of 
hazardous liquid pipeline facilities that may impact the State in which 
the Regional Advisory Council does business.
    (c) Suits Barred.--No Regional Advisory Council created by this 
section may sue any person or entity, public or private, concerning any 
matter arising under this section except for the performance of 
contracts.
    (d) Membership.--Each Council shall be composed of voting members 
and nonvoting members, as follows:
            (1) Voting members.--Each Council shall have 11 voting 
        members who shall be residents of the State wherein the Council 
        will do business with representatives appointed by the Governor 
        of the State participating in the pilot program to represent as 
        appropriate the following interests, taking into consideration 
        the need for regional balance on the Council:
                    (A) Emergency responders, with jurisdiction over 
                public safety or environmental protection.
                    (B) To the extent practicable, fish and wildlife 
                organizations the members of which depend on fisheries 
                and wildlife resources at risk, directly or indirectly, 
                from pipeline ruptures and spills.
                    (C) Environmental organizations.
                    (D) At least 2 representatives selected by 1 or 
                more statewide associations of local governments.
                    (E) Native American tribes.
                    (F) Pipeline right-of-way property owners, except 
                that a member appointed under this subparagraph may not 
                be a representative of any other category under this 
                paragraph.
                    (G) The general public, except that a member 
                appointed under this subparagraph may not be a 
                representative of any other category under this 
                paragraph.
            (2) Nonvoting members.--1 ex-officio, nonvoting 
        representative shall be designated by, and represent, each of 
        the following:
                    (A) The Environmental Protection Agency.
                    (B) Each State agency with jurisdiction over 
                pipeline safety and environmental protection.
                    (C) The State fire marshal or other State official 
                with similar duties in States where there is no State 
                fire marshal.
                    (D) The State agency with jurisdiction over 
                pipeline spill response.
                    (E) The pipeline industry.
    (e) Terms.--
            (1) Duration of councils.--The term of the Councils shall 
        continue throughout the life of the operation of the pipeline 
        facilities that each Council oversees.
            (2) 3 years.--The voting members of each Council shall 
        serve for a term of 3 years.
    (f) Self-Governing.--Each Council shall elect its own chairperson, 
select its own staff, and make policies with regard to its internal 
operating procedures.
    (g) Duties.--Each Council shall--
            (1) provide advice and recommendations to the Secretary of 
        Transportation and the Governor on policies, permits, and 
        regulations relating to the operation and maintenance of 
        hazardous liquid pipeline facilities which affect or may affect 
        that State's environment;
            (2) monitor the environmental impacts of the operation of 
        hazardous liquid pipeline facilities;
            (3) review the adequacy of the integrity management plan 
        developed by each hazardous liquid pipeline operator;
            (4) review the adequacy of hazardous liquid pipeline spill 
        prevention and contingency plans for hazardous liquid pipeline 
        facilities;
            (5) review and comment on proposals for new hazardous 
        liquid pipeline facilities, including issues of public need, 
        safety, and environmental impact;
            (6) periodically review the respective hazardous liquid 
        pipeline spill prevention and contingency plans, in light of 
        new technological developments and changed circumstances;
            (7) monitor developments in pipeline spill prevention, leak 
        detection, pipeline inspection, operator training, spill 
        containment, response, and cleanup technology;
            (8) ensure that each meeting of the Council is open to the 
        public;
            (9) maintain minutes of each meeting;
            (10) make its recommendations available upon request to 
        other interested persons; and
            (11) recommend to the Secretary, Governor, and, where 
        appropriate, the operator--
                    (A) standards and stipulations for permits intended 
                to minimize the impact of hazardous liquid pipeline 
                facilities which could impact the State wherein the 
                Council does business;
                    (B) modifications of hazardous liquid pipeline 
                facility operations and maintenance intended to 
                minimize the risk and mitigate the impact of hazardous 
                liquid pipeline facility operations and to minimize the 
                risk of hazardous liquid pipeline spills;
                    (C) modifications of operators' and integrity 
                management plans;
                    (D) modifications of the hazardous liquid pipeline 
                spill prevention and contingency plans for such 
                pipeline facilities intended to enhance the ability to 
                prevent and respond to such a spill; and
                    (E) standards, statutes, and regulations to improve 
                hazardous liquid pipeline safety, spill response, 
                emergency preparedness, and efforts to help the public 
                live safely with pipelines.
    (h) No Estoppel.--No Council shall be held liable under State or 
Federal law for costs or damages as a result of rendering advice under 
this section, nor shall any advice given by a voting member of a 
Council, or program representative or agent, be grounds for estopping 
the interests represented by the voting Council members from seeking 
damages or other appropriate relief.
    (i) Agency Cooperation.--On and after establishment of a Council by 
the Governor pursuant to this section, each Federal department, agency, 
or other instrumentality shall, with respect to all permits, site-
specific regulations, and other matters governing the activities and 
actions of the pipeline facilities, consult with the appropriate 
Council prior to taking substantive action with respect to the permit, 
site-specific regulation, or other matter. This consultation shall be 
carried out with a view to enabling the appropriate Council to review 
the permit, site-specific regulation, or other matters and make 
appropriate recommendations regarding operations, policy or agency 
actions. Prior consultation shall not be required if an authorized 
Federal agency representative reasonably believes that an emergency 
exists requiring action without delay.
    (j) Recommendations of the Council.--In the event that the 
Secretary, Governor, or operator does not adopt, or significantly 
modifies before adoption, any recommendation of the Council made 
pursuant to the authority granted to the Council in subsection (i), the 
Secretary, Governor or operator shall provide to the Council, in 
writing, within 5 days of its decision, notice of its decision and a 
written statement of reasons for its rejection or significant 
modification of the recommendation.
    (k) Funding.--Each Regional Advisory Council shall be funded by the 
Secretary from the Oil Spill Liability Trust Fund. Such amount--
            (1) shall be at least $750,000 and sufficient to fund the 
        Council's work and, after the Council's initial year of 
        operations, shall be based on a budget and work plan developed 
        by the Council and approved by the Governor; and
            (2) may be adjusted periodically upon the consent of the 
        Governor, the Secretary, and the Council.
    (l) Reports.--Prior to the expiration of the 36-month period 
following the date of enactment of this section, each Council 
established pursuant to this section shall report to the President and 
Congress concerning its activities under this section, together with 
its recommendations.
    (m) Termination.--The Secretary, with the concurrence of the 
Governor of the State in which the Regional Advisory Council is 
operating, may terminate the Council after the last day of the 36-month 
beginning on the date of the establishment of the Council.
    (n) Savings Clause.--Nothing in this section shall be construed as 
modifying, repealing, superseding, or preempting any municipal, State 
or Federal law or regulation, or in any way affecting litigation 
arising from pipeline spills or the rights and responsibilities of the 
United States or any State, or municipalities thereof, to preserve and 
protect the environment through regulation of land, air, and water 
uses, of safety, and of related development.

SEC. 15. WHISTLEBLOWER PROTECTION.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:
``Sec. 60129. Whistleblower protection
    ``(a) Discrimination Against Employees.--
            ``(1) In general.--No employer, may discharge any employee 
        or otherwise discriminate against any employee with respect to 
        his or her compensation, terms, conditions, or privileges of 
        employment because the employee (or any person acting pursuant 
        to a request of the employee)--
                    ``(A) notified or is about to notify the United 
                States Government or the employer of the employee of an 
                alleged violation of this chapter, or any State or 
                Federal statute, industry code, or compliance 
                requirement addressing pipeline safety or environmental 
                protection, or both;
                    ``(B) refused to engage in any practice made 
                unlawful by this chapter or any State or Federal 
                statute, industry code, or compliance requirement 
                addressing pipeline safety or environmental protection, 
                if the employee has identified the alleged illegality 
                to the employer;
                    ``(C) testified before Congress or at any Federal 
                or State proceeding regarding any provision (or 
                proposed provision) of this chapter or any State or 
                Federal statute, industry code, or compliance 
                requirement addressing pipeline safety or environmental 
                protection;
                    ``(D) commenced, caused to be commenced, or is 
                about to commence or cause to be commenced a proceeding 
                under this chapter or any State or Federal statute, 
                industry code, or compliance requirement addressing 
                pipeline safety or environmental protection, or a 
                proceeding of the administration or enforcement of any 
                requirement imposed under this chapter;
                    ``(E) testified or is about to testify in any such 
                proceeding; or
                    ``(F) assisted or participated or is about to 
                assist or participate in any manner in such a 
                proceeding or in any other manner in such a proceeding 
                or in any other action to carry out the purposes of 
                this chapter.
            ``(2) Employer defined.--In this section, the term 
        `employer' includes--
                    ``(A) any licensee, owner, operator, or designated 
                agent of a pipeline facility;
                    ``(B) an applicant for a license to operate a 
                pipeline facility from any State or local government;
                    ``(C) a contractor or subcontractor of such a 
                licensee or applicant, owner, operator or designated 
                agent; and
                    ``(D) a contractor or subcontractor of the Office 
                of Pipeline Safety.
    ``(b) Time Period for Filing Complaint.--Any employee of an 
employer who believes that he or she has been discharged or otherwise 
discriminated against by any person in violation of subsection (a) may, 
within 180 days after the date on which such violation occurs, file (or 
have any person file on his behalf) a complaint with the Secretary of 
Labor alleging such discharge or discrimination. Upon receipt of such a 
complaint, the Secretary shall notify, in writing, of the filing of the 
complaint the person named in the complaint of the filing of the 
complaint, the Secretary of Transportation, and a designated State 
official responsible for pipeline safety of each State through which 
the pipeline operated.
    ``(c) Investigation and Interim Relief.--
            ``(1) In general.--Upon receipt of a complaint filed under 
        subsection (b), the Secretary of Labor shall conduct an 
        investigation of the violation alleged in the complaint. Within 
        30 days of the receipt of such complaint, the Secretary of 
        Labor shall complete such investigation and shall notify in 
        writing the complainant (and any person acting in behalf of the 
        complainant) and the person alleged to have committed such 
        violation of the results of the investigation conducted 
        pursuant to this paragraph. Within 90 days of the receipt of 
        such complaint the Secretary of Labor shall, unless the 
        proceeding on the complaint is terminated by the Secretary of 
        Labor on the basis of a settlement entered into by the 
        Secretary of Labor and the person alleged to have committed 
        such violation, issue an order either providing the relief 
        prescribed by paragraph (3) or denying the complaint.
            ``(2) Procedure.--An order of the Secretary of Labor shall 
        be made on the record after notice and opportunity for public 
        hearing. Upon the conclusion of such hearing and the issuance 
        of a recommended decision that the complaint has merit, the 
        Secretary of Labor shall issue a preliminary order providing 
        the relief prescribed in paragraph (3), but may not order 
        compensatory damages pending a final order. The Secretary of 
        Labor may not enter into a settlement terminating a proceeding 
        on a complaint without the participation and consent of the 
        complainant.
            ``(3) Contents of order.--If, in response to a complaint 
        filed under subsection (b), the Secretary of Labor determines 
        that a violation of subsection (a) has occurred, the Secretary 
        of Labor shall order the person who committed such violation, 
to (A) take affirmative action to abate the violation, and (B) 
reinstate the complainant to his or her former position together with 
the compensation (including back pay), terms, conditions, and 
privileges of his or her employment, and the Secretary of Labor may 
order such person to provide compensatory damages to the complainant. 
If an order issued under this paragraph, the Secretary of Labor, at the 
request of the complainant shall assess against the person against whom 
the order is issued a sum equal to the aggregate amount of all costs 
and expenses (including attorney and expert witness fees) reasonably 
incurred or advanced, without regard to whether the complainant has 
actually paid the fees and expenses, as determined by the Secretary of 
Labor, by the complainant for, or in connection with, the bringing of 
the complaint upon which the order was issued.
            ``(4) Avoidance of frivolous complaints.--
                    ``(A) Prima facie showing.--The Secretary shall 
                dismiss a complaint filed under subsection (b), and 
                shall not conduct the investigation required under 
                paragraph (1), unless the complainant has made a prima 
                facie showing that any behavior described in 
                subparagraphs (A) through (F) of subsection (a)(1) was 
                a contributing factor in the unfavorable personnel 
                action or adverse action alleged in the complaint, or 
                both.
                    ``(B) Employee protection.--Notwithstanding a 
                finding by the Secretary that the complainant has made 
                the showing required by subparagraph (A), no 
                investigation required under paragraph (1) and no 
                relief may be ordered under paragraph (3) shall be 
                conducted if the employer demonstrates, by clear and 
                convincing evidence, that it would have taken the same 
                unfavorable personnel action in the absence of such 
                behavior.
            ``(5) Standard.--The Secretary of Labor may determine that 
        a violation of subsection (a) has occurred only if the 
        complainant has demonstrated that any behavior described in 
        subparagraphs (A) through (F) of subsection (a)(1) was a 
        contributing factor in the unfavorable personnel action or 
        adverse action alleged in the complaint.
    ``(d) Review.--
            ``(1) In general.--Any person adversely affected or 
        aggrieved by an order issued under subsection (c) may obtain 
        review of the order in the United States court of appeals for 
        the circuit in which the violation, with respect to which the 
        order was issued, allegedly occurred. The petition for review 
        must be filed within 60 days from the issuance of the final 
        order of the Secretary of Labor. Review shall conform to 
        chapter 7 of title 5 of the United States Code. The 
        commencement of proceedings under this subparagraph shall not, 
        unless ordered by the court, operate as a stay of the Secretary 
        of Labor's order.
            ``(2) Limitation on collateral attack.--An order of the 
        Secretary of Labor with respect to which review could have been 
        obtained under paragraph (1) shall not be subject to judicial 
        review in any criminal or other civil proceeding.
    ``(e) Enforcement of Order by Secretary of Labor.--Whenever a 
person has failed to comply with an order issued under subsection 
(c)(3), the Secretary of Labor may file a civil action in the United 
States district court for the district in which the violation was found 
to occur to enforce such order. In actions brought under this 
subsection, the district courts shall have jurisdiction to grant all 
appropriate relief including, but not limited to, injunctive relief, 
compensatory and exemplary damages.
    ``(f) Enforcement of Order by Parties.--
            ``(1) Commencement of action.--Any person on whose behalf 
        an order was issued under subsection (c) may commence a civil 
        action against the person to whom such order was issued to 
        require compliance with such order. The appropriate United 
        States district court shall have jurisdiction, without regard 
        to the amount in controversy or the citizenship of the parties, 
        to enforce such order.
            ``(2) Costs of litigation.--The court, in issuing any final 
        order under this subsection, may award costs of litigation 
        (including reasonable attorney and expert witness fees) to any 
        party whenever the court determines such award is appropriate.
    ``(g) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 
1361, title 28, United States Code.
    ``(h) Nonapplicability to Deliberate Violations.--Subsection (a) 
shall not apply with respect to any employee who, acting without 
direction from his or her employer (or the employer's agent), 
deliberately causes a violation of any requirement of this chapter.
    ``(i) Nonpreemption.--This section may not be construed to expand, 
diminish, or otherwise affect any right otherwise available to an 
employee under Federal or State law to redress the employee's discharge 
or other discriminatory action taken by the employer against the 
employee.
    ``(j) Posting Requirement.--The provisions of the section shall be 
prominently posted in any place of employment to which this section 
applies.
    ``(k) Duty of the Secretary To Investigate Substantive 
Allegations.--
            ``(1) In general.--The Secretary shall not delay taking 
        appropriate action with respect to an allegation of a 
        substantial safety hazard on the basis of--
                    ``(A) the filing of a complaint under subsection 
                (b) arising from such allegation; or
                    ``(B) any investigation by the Secretary of Labor, 
                or other action, under this section in respect to such 
                complaint.
            ``(2) Effect of secretarial determination.--A determination 
        by the Secretary of Labor under this section that a violation 
        of subsection (a) has not occurred shall not be considered by 
        the Secretary of Transportation in the Secretary's 
        determination of whether a substantial safety hazard exists.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``601. Whistleblower protection.''.
                                 <all>
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