II

107TH CONGRESS

1ST SESSION S. 141

To provide for enhanced safety, public awareness, and environmental

protection in pipeline transportation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 2001

Mr. MCCAIN (for himself, Mrs. MURRAY, Mr. HOLLINGS, Mrs. HUTCHISON,

Mr. BINGAMAN, Mr. DOMENICI, and Mr. BREAUX) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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.

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

6 ‘‘Pipeline Safety Improvement Act of 2001’’.
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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 shall implement the safety improve12 ment recommendations provided for in the Department of

13 Transportation Inspector General’s Report (RT–2000–

14 069).

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 Research and Special Program Ad9 ministration, 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 sections 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, 2002,

12 whichever is sooner.

13 ‘‘(2) STANDARDS FOR PROGRAM.—In promul14 gating regulations under this section, the Secretary

15 shall require an operator’s integrity management

16 plan to be based on risk analysis and each plan shall

17 include, at a minimum—

18 ‘‘(A) periodic assessment of the integrity of

19 the pipeline through methods including internal

20 inspection, pressure testing, direct assessment,

21 or other effective methods;

22 ‘‘(B) clearly defined criteria for evaluating

23 the results of the periodic assessment methods

24 carried out under subparagraph (A) and proce-
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1 dures to ensure identified problems are cor2 rected in a timely manner; and

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.

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

8 deciding how frequently the integrity assessment

9 methods carried out under paragraph (2)(A) must

10 be conducted, an operator shall take into account

11 the potential for new defects developing or previously

12 identified structural defects caused by construction

13 or installation, the operational characteristics of the

14 pipeline, and leak history. In addition, the Secretary

15 may establish a minimum testing requirement for

16 operators of pipelines to conduct internal inspec17 tions.

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

19 an agreement in effect with the Secretary under sec20 tion 60106 is authorized to review and assess an op21 erator’s risk analyses and integrity management

22 plans required under this section for interstate pipe23 lines located in that State. The reviewing State au24 thority shall provide the Secretary with a written as25 sessment of the plans, make recommendations, as
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1 appropriate, to address safety concerns not ade2 quately addressed in the operator’s plans, and sub3 mit documentation explaining the State-proposed

4 plan revisions. The Secretary shall carefully consider

5 the State’s proposals and work in consultation with

6 the States and operators to address safety concerns.

7 ‘‘(5) MONITORING IMPLEMENTATION.—The

8 Secretary of Transportation shall review the risk

9 analysis and program for integrity management re10 quired under this section and provide for continued

11 monitoring of such plans. Not later than 2 years

12 after the implementation of integrity management

13 plans under this section, the Secretary shall com14 plete an assessment and evaluation of the effects on

15 safety and the environment by extending all of the

16 requirements mandated by the regulations described

17 in paragraph (1) to additional areas. The Secretary

18 shall submit the assessment and evaluation to Con19 gress along with any recommendations to improve

20 and expand the utilization of integrity management

21 plans.

22 ‘‘(6) OPPORTUNITY FOR LOCAL INPUT ON IN23 TEGRITY MANAGEMENT.—Within 18 months after

24 the date of enactment of the Pipeline Safety Im25 provement Act of 2001, the Secretary shall, by regu-
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1 lation, establish a process for raising and addressing

2 local safety concerns about pipeline integrity and the

3 operator’s pipeline integrity plan. The process shall

4 include—

5 ‘‘(A) a requirement that an operator of a

6 hazardous liquid or natural gas transmission

7 pipeline facility provide information about the

8 risk analysis and integrity management plan re9 quired under this section to local officials in a

10 State in which the facility is located;

11 ‘‘(B) a description of the local officials re12 quired to be informed, the information that is

13 to be provided to them and the manner, which

14 may include traditional or electronic means, in

15 which it is provided;

16 ‘‘(C) the means for receiving input from

17 the local officials that may include a public

18 forum sponsored by the Secretary or by the

19 State, or the submission of written comments

20 through traditional or electronic means;

21 ‘‘(D) the extent to which an operator of a

22 pipeline facility must participate in a public

23 forum sponsored by the Secretary or in another

24 means for receiving input from the local offi25 cials or in the evaluation of that input; and
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1 ‘‘(E) the manner in which the Secretary

2 will notify the local officials about how their

3 concerns are being addressed.’’.

4 SEC. 6. ENFORCEMENT.

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

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

7 following:

8 ‘‘(a) GENERAL AUTHORITY.—After notice and an op9 portunity for a hearing, the Secretary of Transportation

10 may decide a pipeline facility is hazardous if the Secretary

11 decides that—

12 ‘‘(1) operation of the facility is or would be haz13 ardous to life, property, or the environment; or

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

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

16 be, constructed or operated with equipment, mate17 rial, or a technique that the Secretary decides is

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

19 and

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

21 (d) and inserting ‘‘is, or would be, hazardous,’’.

22 SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,

23 AND COMMUNITY RIGHT TO KNOW.

24 (a) Section 60116 is amended to read as follows:
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1 ‘‘§ 60116. Public education, emergency preparedness,

2 and community right to know

3 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—

4 ‘‘(1) Each owner or operator of a gas or haz5 ardous liquid pipeline facility shall carry out a con6 tinuing program to educate the public on the use of

7 a one-call notification system prior to excavation and

8 other damage prevention activities, the possible haz9 ards associated with unintended releases from the

10 pipeline facility, the physical indications that such a

11 release may have occurred, what steps should be

12 taken for public safety in the event of a pipeline re13 lease, and how to report such an event.

14 ‘‘(2) Within 12 months after the date of enact15 ment of the Pipeline Safety Improvement Act of

16 2001, each owner or operator of a gas or hazardous

17 liquid pipeline facility shall review its existing public

18 education program for effectiveness and modify the

19 program as necessary. The completed program shall

20 include activities to advise affected municipalities,

21 school districts, businesses, and residents of pipeline

22 facility locations. The completed program shall be

23 submitted to the Secretary or, in the case of an

24 intrastate pipeline facility operator, the appropriate

25 State agency and shall be periodically reviewed by
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1 the Secretary or, in the case of an intrastate pipeline

2 facility operator, the appropriate State agency.

3 ‘‘(3) The Secretary may issue standards pre4 scribing the elements of an effective public education

5 program. The Secretary may also develop material

6 for use in the program.

7 ‘‘(b) EMERGENCY PREPAREDNESS.—

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

9 after the date of enactment of the Pipeline Safety

10 Improvement Act of 2001, an operator of a gas

11 transmission or hazardous liquid pipeline facility

12 shall initiate and maintain liaison with the State

13 emergency response commissions, and local emer14 gency planning committees in the areas of pipeline

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

16 Emergency Planning and Community Right-To17 Know Act of 1986 (42 U.S.C. 11001) in each State

18 in which it operates.

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

20 request, make available to the State emergency re21 sponse commissions and local emergency planning

22 committees, and shall make available to the Office of

23 Pipeline Safety in a standardized form for the pur24 pose of providing the information to the public, the

25 information described in section 60102(d), the oper-
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1 ator’s program for integrity management, and infor2 mation about implementation of that program. The

3 information about the facility shall also include, at

4 a minimum—

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

6 number of the operator, including a 24-hour

7 emergency contact number;

8 ‘‘(B) a description of the facility, including

9 pipe diameter, the product or products carried,

10 and the operating pressure;

11 ‘‘(C) with respect to transmission pipeline

12 facilities, maps showing the location of the facil13 ity and, when available, any high consequence

14 areas which the pipeline facility traverses or ad15 joins and abuts;

16 ‘‘(D) a summary description of the integ17 rity measures the operator uses to assure safety

18 and protection for the environment; and

19 ‘‘(E) a point of contact to respond to ques20 tions from emergency response representative.

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

22 without a local emergency planning committee, the

23 operator shall maintain liaison with the local fire,

24 police, and other emergency response agencies.
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1 ‘‘(4) PUBLIC ACCESS.—The Secretary shall pre2 scribe requirements for public access, as appropriate,

3 to this information, including a requirement that the

4 information be made available to the public by wide5 ly accessible computerized database.

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

7 12 months after the date of enactment of the Pipeline

8 Safety Improvement Act of 2001, and annually thereafter,

9 the owner or operator of each gas transmission or haz10 ardous liquid pipeline facility shall provide to the gov11 erning body of each municipality in which the pipeline fa12 cility is located, a map identifying the location of such fa13 cility. The map may be provided in electronic form. The

14 Secretary may provide technical assistance to the pipeline

15 industry on developing public safety and public education

16 program content and best practices for program delivery,

17 and on evaluating the effectiveness of the programs. The

18 Secretary may also provide technical assistance to State

19 and local officials in applying practices developed in these

20 programs to their activities to promote pipeline safety.

21 ‘‘(d) PUBLIC AVAILABILITY OF REPORTS.—The Sec22 retary shall—

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

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

25 by an operator under section 60102(h);
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1 ‘‘(B) a report of a pipeline incident filed by

2 an operator;

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

4 Office of Pipeline Safety or a State regulatory

5 official; and

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

7 taken in response to a safety-related condition

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

9 and

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

11 as appropriate, to integrity management program in12 formation prepared under this chapter, including re13 quirements that will ensure data accessibility to the

14 greatest extent feasible.’’.

15 (b) SAFETY CONDITION REPORTS.—Section

16 60102(h)(2) is amended by striking ‘‘authorities.’’ and in17 serting ‘‘officials, including the local emergency respond18 ers.’’.

19 (c) CONFORMING AMENDMENT.—The chapter anal20 ysis for chapter 601 is amended by striking the item relat21 ing to section 60116 and inserting the following:

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

22 SEC. 8. PENALTIES.

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

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

25 and inserting ‘‘$500,000’’;
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1 (2) by striking ‘‘$500,000’’ in subsection (a)(1)

2 and inserting ‘‘$1,000,000’’;

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

4 the following: ‘‘The preceding sentence does not

5 apply to judicial enforcement action under section

6 60120 or 60121.’’; and

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

8 following:

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

10 the amount of a civil penalty under this section—

11 ‘‘(1) the Secretary shall consider—

12 ‘‘(A) the nature, circumstances, and grav13 ity of the violation, including adverse impact on

14 the environment;

15 ‘‘(B) with respect to the violator, the de16 gree of culpability, any history of prior viola17 tions, the ability to pay, any effect on ability to

18 continue doing business; and

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

20 and

21 ‘‘(2) the Secretary may consider—

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

23 violation without any discount because of subse24 quent damages; and

25 ‘‘(B) other matters that justice requires.’’.
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1 (b) EXCAVATOR DAMAGE.—Section 60123(d) is

2 amended—

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

4 (2) by inserting ‘‘knowingly and willfully’’ be5 fore ‘‘engages’’ in paragraph (1); and

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

7 following:

8 ‘‘(B) a pipeline facility, is aware of dam9 age, and does not report the damage promptly

10 to the operator of the pipeline facility and to

11 other appropriate authorities; or’’.

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

13 to read as follows:

14 ‘‘(1) On the request of the Secretary of Transpor15 tation, the Attorney General may bring a civil action in

16 an appropriate district court of the United States to en17 force this chapter, including section 60112 of this chapter,

18 or a regulation prescribed or order issued under this chap19 ter. The court may award appropriate relief, including a

20 temporary or permanent injunction, punitive damages,

21 and assessment of civil penalties considering the same fac22 tors as prescribed for the Secretary in an administrative

23 case under section 60122.’’.
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1 SEC. 9. STATE OVERSIGHT ROLE.

2 (a) STATE AGREEMENTS WITH CERTIFICATION.—

3 Section 60106 is amended—

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

5 subsection (a) and inserting ‘‘AGREEMENTS WITH6 OUT CERTIFICATION.—’’;

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

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

9 (3) by inserting after subsection (a) the fol10 lowing:

11 ‘‘(b) AGREEMENTS WITH CERTIFICATION.—

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

13 certification under section 60105 of this title and

14 makes the determination required under this sub15 section, the Secretary may make an agreement with

16 a State authority authorizing it to participate in the

17 oversight of interstate pipeline transportation. Each

18 such agreement shall include a plan for the State

19 authority to participate in special investigations in20 volving incidents or new construction and allow the

21 State authority to participate in other activities

22 overseeing interstate pipeline transportation or to

23 assume additional inspection or investigatory duties.

24 Nothing in this section modifies section 60104(c) or

25 authorizes the Secretary to delegate the enforcement
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1 of safety standards prescribed under this chapter to

2 a State authority.

3 ‘‘(2) DETERMINATIONS REQUIRED.—The Sec4 retary may not enter into an agreement under this

5 subsection, unless the Secretary determines that—

6 ‘‘(A) the agreement allowing participation

7 of the State authority is consistent with the

8 Secretary’s program for inspection and con9 sistent with the safety policies and provisions

10 provided under this chapter;

11 ‘‘(B) the interstate participation agreement

12 would not adversely affect the oversight respon13 sibilities of intrastate pipeline transportation by

14 the State authority;

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

16 demonstrated to promote preparedness and risk

17 prevention activities that enable communities to

18 live safely with pipelines;

19 ‘‘(D) the State meets the minimum stand20 ards for State one-call notification set forth in

21 chapter 61; and

22 ‘‘(E) the actions planned under the agree23 ment would not impede interstate commerce or

24 jeopardize public safety.
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1 ‘‘(3) EXISTING AGREEMENTS.—If requested by

2 the State Authority, the Secretary shall authorize a

3 State Authority which had an interstate agreement

4 in effect after January, 1999, to oversee interstate

5 pipeline transportation pursuant to the terms of that

6 agreement until the Secretary determines that the

7 State meets the requirements of paragraph (2) and

8 executes a new agreement, or until December 31,

9 2002, whichever is sooner. Nothing in this para10 graph shall prevent the Secretary, after affording

11 the State notice, hearing, and an opportunity to cor12 rect any alleged deficiencies, from terminating an

13 agreement that was in effect before enactment of the

14 Pipeline Safety Improvement Act of 2001 if—

15 ‘‘(A) the State Authority fails to comply

16 with the terms of the agreement;

17 ‘‘(B) implementation of the agreement has

18 resulted in a gap in the oversight responsibil19 ities of intrastate pipeline transportation by the

20 State Authority; or

21 ‘‘(C) continued participation by the State

22 Authority in the oversight of interstate pipeline

23 transportation has had an adverse impact on

24 pipeline safety.’’.
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1 (b) ENDING AGREEMENTS.—Subsection (e) of sec2 tion 60106, as redesignated by subsection (a), is amended

3 to read as follows:

4 ‘‘(e) ENDING AGREEMENTS.—

5 ‘‘(1) PERMISSIVE TERMINATION.—The Sec6 retary may end an agreement under this section

7 when the Secretary finds that the State authority

8 has not complied with any provision of the agree9 ment.

10 ‘‘(2) MANDATORY TERMINATION OF AGREE11 MENT.—The Secretary shall end an agreement for

12 the oversight of interstate pipeline transportation if

13 the Secretary finds that—

14 ‘‘(A) implementation of such agreement

15 has resulted in a gap in the oversight respon16 sibilities of intrastate pipeline transportation by

17 the State authority;

18 ‘‘(B) the State actions under the agree19 ment have failed to meet the requirements

20 under subsection (b); or

21 ‘‘(C) continued participation by the State

22 authority in the oversight of interstate pipeline

23 transportation would not promote pipeline safe24 ty.
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1 ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec2 retary shall give the notice and an opportunity for

3 a hearing to a State authority before ending an

4 agreement under this section. The Secretary may

5 provide a State an opportunity to correct any defi6 ciencies before ending an agreement. The finding

7 and decision to end the agreement shall be published

8 in the Federal Register and may not become effec9 tive for at least 15 days after the date of publication

10 unless the Secretary finds that continuation of an

11 agreement poses an imminent hazard.’’.

12 SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

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

14 of enactment of this Act, the Secretary shall develop and

15 implement a comprehensive plan for the collection and use

16 of gas and hazardous liquid pipeline data to revise the

17 causal categories on the incident report forms to eliminate

18 overlapping and confusing categories and include subcat19 egories. The plan shall include components to provide the

20 capability to perform sound incident trend analysis and

21 evaluations of pipeline operator performance using nor22 malized accident data.

23 (b) REPORT OF RELEASES EXCEEDING 5 GAL24 LONS.—Section 60117(b) is amended—

25 (1) by inserting ‘‘(1)’’ before ‘‘To’’;
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1 (2) redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B);

3 (3) inserting before the last sentence the fol4 lowing:

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

6 pipeline facility shall report to the Secretary each release

7 to the environment greater than five gallons of the haz8 ardous liquid or carbon dioxide transported. This section

9 applies to releases from pipeline facilities regulated under

10 this chapter. A report must include the location of the re11 lease, fatalities and personal injuries, type of product,

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

13 extent of damage to property and the environment, and

14 the response undertaken to clean up the release.

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

16 a person owning or operating a pipeline facility shall make

17 records, reports, and information required under sub18 section (a) of this section or other reasonably described

19 records, reports, and information relevant to the incident

20 investigation, available to the Secretary within the time

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

22 (4) indenting the first word of the last sentence

23 and inserting ‘‘(4)’’ before ‘‘The Secretary’’ in that

24 sentence.
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1 (c) PENALTY AUTHORITIES.—(1) Section 60122(a)

2 is amended by striking ‘‘60114(c)’’ and inserting

3 ‘‘60117(b)(3)’’.

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

5 ‘‘60114(c),’’ and inserting ‘‘60117(b)(3),’’.

6 (d) ESTABLISHMENT OF NATIONAL DEPOSITORY.—

7 Section 60117 is amended by adding at the end the fol8 lowing:

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

10 establish a national depository of data on events and con11 ditions, including spill histories and corrective actions for

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

13 of, and to prevent, pipeline failures and releases. The Sec14 retary shall administer the program through the Bureau

15 of Transportation Statistics, in cooperation with the Re16 search and Special Programs Administration, and shall

17 make such information available for use by State and local

18 planning and emergency response authorities and the pub19 lic.’’.

20 SEC. 11. RESEARCH AND DEVELOPMENT.

21 (a) INNOVATIVE TECHNOLOGY DEVELOPMENT.—

22 (1) IN GENERAL.—As part of the Department

23 of Transportation’s research and development pro24 gram, the Secretary of Transportation shall direct
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1 research attention to the development of alternative

2 technologies—

3 (A) to expand the capabilities of internal

4 inspection devices to identify and accurately

5 measure defects and anomalies;

6 (B) to inspect pipelines that cannot accom7 modate internal inspection devices available on

8 the date of enactment;

9 (C) to develop innovative techniques meas10 uring the structural integrity of pipelines;

11 (D) to improve the capability, reliability,

12 and practicality of external leak detection de13 vices; and

14 (E) to develop and improve alternative

15 technologies to identify and monitor outside

16 force damage to pipelines.

17 (2) COOPERATIVE.—The Secretary may partici18 pate in additional technological development through

19 cooperative agreements with trade associations, aca20 demic institutions, or other qualified organizations.

21 (b) PIPELINE SAFETY AND RELIABILITY RESEARCH

22 AND DEVELOPMENT.—

23 (1) IN GENERAL.—The Secretary of Transpor24 tation, in coordination with the Secretary of Energy,

25 shall develop and implement an accelerated coopera-
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1 tive program of research and development to ensure

2 the integrity of natural gas and hazardous liquid

3 pipelines. This research and development program—

4 (A) shall include materials inspection tech5 niques, risk assessment methodology, and infor6 mation systems surety; and

7 (B) shall complement, and not replace, the

8 research program of the Department of Energy

9 addressing natural gas pipeline issues existing

10 on the date of enactment of this Act.

11 (2) PURPOSE.—The purpose of the cooperative

12 research program shall be to promote pipeline safety

13 research and development to—

14 (A) ensure long-term safety, reliability and

15 service life for existing pipelines;

16 (B) expand capabilities of internal inspec17 tion devices to identify and accurately measure

18 defects and anomalies;

19 (C) develop inspection techniques for pipe20 lines that cannot accommodate the internal in21 spection devices available on the date of enact22 ment;

23 (D) develop innovative techniques to meas24 ure the structural integrity of pipelines to pre25 vent pipeline failures;
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1 (E) develop improved materials and coat2 ings for use in pipelines;

3 (F) improve the capability, reliability, and

4 practicality of external leak detection devices;

5 (G) identify underground environments

6 that might lead to shortened service life;

7 (H) enhance safety in pipeline siting and

8 land use;

9 (I) minimize the environmental impact of

10 pipelines;

11 (J) demonstrate technologies that improve

12 pipeline safety, reliability, and integrity;

13 (K) provide risk assessment tools for opti14 mizing risk mitigation strategies; and

15 (L) provide highly secure information sys16 tems for controlling the operation of pipelines.

17 (3) AREAS.—In carrying out this subsection,

18 the Secretary of Transportation, in coordination

19 with the Secretary of Energy, shall consider research

20 and development on natural gas, crude oil and petro21 leum product pipelines for—

22 (A) early crack, defect, and damage detec23 tion, including real-time damage monitoring;

24 (B) automated internal pipeline inspection

25 sensor systems;
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1 (C) land use guidance and set back man2 agement along pipeline rights-of-way for com3 munities;

4 (D) internal corrosion control;

5 (E) corrosion-resistant coatings;

6 (F) improved cathodic protection;

7 (G) inspection techniques where internal

8 inspection is not feasible, including measure9 ment of structural integrity;

10 (H) external leak detection, including port11 able real-time video imaging technology, and

12 the advancement of computerized control center

13 leak detection systems utilizing real-time remote

14 field data input;

15 (I) longer life, high strength, non-corrosive

16 pipeline materials;

17 (J) assessing the remaining strength of ex18 isting pipes;

19 (K) risk and reliability analysis models, to

20 be used to identify safety improvements that

21 could be realized in the near term resulting

22 from analysis of data obtained from a pipeline

23 performance tracking initiative;
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1 (L) identification, monitoring, and preven2 tion of outside force damage, including satellite

3 surveillance; and

4 (M) any other areas necessary to ensuring

5 the public safety and protecting the environ6 ment.

7 (4) POINTS OF CONTACT.—

8 (A) IN GENERAL.—To coordinate and im9 plement the research and development pro10 grams and activities authorized under this

11 subsection—

12 (i) the Secretary of Transportation

13 shall designate, as the point of contact for

14 the Department of Transportation, an offi15 cer of the Department of Transportation

16 who has been appointed by the President

17 and confirmed by the Senate; and

18 (ii) the Secretary of Energy shall des19 ignate, as the point of contact for the De20 partment of Energy, an officer of the De21 partment of Energy who has been ap22 pointed by the President and confirmed by

23 the Senate.

24 (B) DUTIES.—
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1 (i) The point of contact for the De2 partment of Transportation shall have the

3 primary responsibility for coordinating and

4 overseeing the implementation of the re5 search, development, and demonstration

6 program plan under paragraphs (5) and

7 (6).

8 (ii) The points of contact shall jointly

9 assist in arranging cooperative agreements

10 for research, development and demonstra11 tion involving their respective Depart12 ments, national laboratories, universities,

13 and industry research organizations.

14 (5) RESEARCH AND DEVELOPMENT PROGRAM

15 PLAN.—Within 240 days after the date of enactment

16 of this Act, the Secretary of Transportation, in co17 ordination with the Secretary of Energy and the

18 Pipeline Integrity Technical Advisory Committee,

19 shall prepare and submit to the Congress a 5-year

20 program plan to guide activities under this sub21 section. In preparing the program plan, the Sec22 retary shall consult with appropriate representatives

23 of the natural gas, crude oil, and petroleum product

24 pipeline industries to select and prioritize appro25 priate project proposals. The Secretary may also
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1 seek the advice of utilities, manufacturers, institu2 tions of higher learning, Federal agencies, the pipe3 line research institutions, national laboratories,

4 State pipeline safety officials, environmental organi5 zations, pipeline safety advocates, and professional

6 and technical societies.

7 (6) IMPLEMENTATION.—The Secretary of

8 Transportation shall have primary responsibility for

9 ensuring the 5-year plan provided for in paragraph

10 (5) is implemented as intended. In carrying out the

11 research, development, and demonstration activities

12 under this paragraph, the Secretary of Transpor13 tation and the Secretary of Energy may use, to the

14 extent authorized under applicable provisions of law,

15 contracts, cooperative agreements, cooperative re16 search and development agreements under the Ste17 venson-Wydler Technology Innovation Act of 1980

18 (15 U.S.C. 3701 et seq.), grants, joint ventures,

19 other transactions, and any other form of agreement

20 available to the Secretary consistent with the rec21 ommendations of the Advisory Committee.

22 (7) REPORTS TO CONGRESS.—The Secretary of

23 Transportation shall report to the Congress annually

24 as to the status and results to date of the implemen25 tation of the research and development program
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1 plan. The report shall include the activities of the

2 Departments of Transportation and Energy, the na3 tional laboratories, universities, and any other re4 search organizations, including industry research or5 ganizations.

6 SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVISORY COM7 MITTEE.

8 (a) ESTABLISHMENT.—The Secretary of Transpor9 tation shall enter into appropriate arrangements with the

10 National Academy of Sciences to establish and manage the

11 Pipeline Integrity Technical Advisory Committee for the

12 purpose of advising the Secretary of Transportation and

13 the Secretary of Energy on the development and imple14 mentation of the 5-year research, development, and dem15 onstration program plan under section 11(b)(5). The Ad16 visory Committee shall have an ongoing role in evaluating

17 the progress and results of the research, development, and

18 demonstration carried out under that section.

19 (b) MEMBERSHIP.—The National Academy of

20 Sciences shall appoint the members of the Pipeline Integ21 rity Technical Advisory Committee after consultation with

22 the Secretary of Transportation and the Secretary of En23 ergy. Members appointed to the Advisory Committee

24 should have the necessary qualifications to provide tech-
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1 nical contributions to the purposes of the Advisory Com2 mittee.

3 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

4 (a) GAS AND HAZARDOUS LIQUIDS.—Section

5 60125(a) is amended to read as follows:

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

7 this chapter and other pipeline-related damage prevention

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

9 authorized to be appropriated to the Department of

10 Transportation—

11 ‘‘(1) $26,000,000 for fiscal year 2002, of which

12 $20,000,000 is to be derived from user fees for fis13 cal year 2002 collected under section 60301 of this

14 title; and

15 ‘‘(2) $30,000,000 for each of the fiscal years

16 2003 and 2004 of which $23,000,000 is to be de17 rived from user fees for fiscal year 2003 and fiscal

18 year 2004 collected under section 60301 of this

19 title.’’.

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

21 amended to read as follows:

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

23 amounts may be appropriated to the Secretary to carry

24 out section 60107—
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1 ‘‘(1) $17,000,000 for fiscal year 2002, of which

2 $15,000,000 is to be derived from user fees for fis3 cal year 2002 collected under section 60301 of this

4 title; and

5 ‘‘(2) $20,000,000 for the fiscal years 2003 and

6 2004 of which $18,000,000 is to be derived from

7 user fees for fiscal year 2003 and fiscal year 2004

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

9 (c) OIL SPILLS.—Sections 60525 is amended by re10 designating subsections (d), (e), and (f) as subsections (e),

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

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

13 amounts available in the Oil Spill Liability Trust Fund,

14 $8,000,000 shall be transferred to carry out programs au15 thorized in this Act for fiscal year 2002, fiscal year 2003,

16 and fiscal year 2004.’’.

17 (d) PIPELINE INTEGRITY PROGRAM.—(1) There are

18 authorized to be appropriated to the Secretary of Trans19 portation for carrying out sections 11(b) and 12 of this

20 Act $3,000,000, to be derived from user fees under section

21 60125 of title 49, United States Code, for each of the fis22 cal years 2002 through 2006.

23 (2) Of the amounts available in the Oil Spill Liability

24 Trust Fund established by section 9509 of the Internal

25 Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall
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1 be transferred to the Secretary of Transportation to carry

2 out programs for detection, prevention and mitigation of

3 oil spills under sections 11(b) and 12 of this Act for each

4 of the fiscal years 2002 through 2006.

5 (3) There are authorized to be appropriated to the

6 Secretary of Energy for carrying out sections 11(b) and

7 12 of this Act such sums as may be necessary for each

8 of the fiscal years 2002 through 2006.

9 SEC. 14. OPERATOR ASSISTANCE IN INVESTIGATIONS.

10 (a) IN GENERAL.—If the Department of Transpor11 tation or the National Transportation Safety Board inves12 tigate an accident, the operator involved shall make avail13 able to the representative of the Department or the Board

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

15 accident (including integrity management plans and test

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

17 investigation of the accident.

18 (b) CORRECTIVE ACTION ORDERS.—Section

19 60112(d) is amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘CORRECTIVE AC21 TION ORDERS.—’’; and

22 (2) by adding at the end the following:

23 ‘‘(2) If, in the case of a corrective action order issued

24 following an accident, the Secretary determines that the

25 actions of an employee carrying out an activity regulated
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1 under this chapter, including duties under section

2 60102(a), may have contributed substantially to the cause

3 of the accident, the Secretary shall direct the operator to

4 relieve the employee from performing those activities, reas5 sign the employee, or place the employee on leave until—

6 ‘‘(A) the Secretary determines that the employ7 ee’s performance of duty in carrying out the activity

8 did not contribute substantially to the cause of the

9 accident; or

10 ‘‘(B) the Secretary determines the employee has

11 been re-qualified or re-trained as provided for in sec12 tion 4 of the Pipeline Safety Improvement Act of

13 2001 and can safely perform those activities.

14 ‘‘(3) Disciplinary action taken by an operator under

15 paragraph (2) shall be in accordance with the terms and

16 conditions of any applicable collective bargaining agree17 ment to the extent it is not inconsistent with the require18 ments of this section.’’.

19 SEC. 15. PROTECTION OF EMPLOYEES PROVIDING PIPE20 LINE SAFETY INFORMATION.

21 (a) IN GENERAL.—Chapter 601 is amended by add22 ing at the end the following:
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1 ‘‘§ 60129. Protection of employees providing pipeline

2 safety information

3 ‘‘(a) DISCRIMINATION AGAINST PIPELINE EMPLOY4 EES.—No pipeline operator or contractor or subcontractor

5 of a pipeline may discharge an employee or otherwise dis6 criminate against an employee with respect to compensa7 tion, terms, conditions, or privileges of employment be8 cause the employee (or any person acting pursuant to a

9 request of the employee)—

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

11 about to provide (with any knowledge of the em12 ployer) or cause to be provided to the employer or

13 Federal Government information relating to any vio14 lation or alleged violation of any order, regulation,

15 or standard of the Research and Special Programs

16 Administration or any other provision of Federal law

17 relating to pipeline safety under this chapter or any

18 other law of the United States;

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

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

21 to be filed a proceeding relating to any violation or

22 alleged violation of any order, regulation, or stand23 ard of the Administration or any other provision of

24 Federal law relating to pipeline safety under this

25 chapter or any other law of the United States;
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1 ‘‘(3) testified or is about to testify in such a

2 proceeding; or

3 ‘‘(4) assisted or participated or is about to as4 sist or participate in such a proceeding.

5 ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE6 DURE.—

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

8 who believes that he or she has been discharged or

9 otherwise discriminated against by any person in

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

11 days after the date on which such violation occurs,

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

13 complaint with the Secretary of Labor alleging such

14 discharge or discrimination. Upon receipt of such a

15 complaint, the Secretary of Labor shall notify, in

16 writing, the person named in the complaint and the

17 Administrator of the Research and Special Programs

18 Administration of the filing of the complaint, of the

19 allegations contained in the complaint, of the sub20 stance of evidence supporting the complaint, and of

21 the opportunities that will be afforded to such per22 son under paragraph (2).

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

24 ‘‘(A) IN GENERAL.—Not later than 60

25 days after the date of receipt of a complaint
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1 filed under paragraph (1) and after affording

2 the person named in the complaint an oppor3 tunity to submit to the Secretary of Labor a

4 written response to the complaint and an oppor5 tunity to meet with a representative of the Sec6 retary to present statements from witnesses,

7 the Secretary of Labor shall conduct an inves8 tigation and determine whether there is reason9 able cause to believe that the complaint has

10 merit and notify in writing the complainant and

11 the person alleged to have committed a violation

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

13 the Secretary of Labor concludes that there is

14 reasonable cause to believe that a violation of

15 subsection (a) has occurred, the Secretary shall

16 accompany the Secretary’s findings with a pre17 liminary order providing the relief prescribed by

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

19 the date of notification of findings under this

20 paragraph, either the person alleged to have

21 committed the violation or the complainant may

22 file objections to the findings or preliminary

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

24 record. The filing of such objections shall not

25 operate to stay any reinstatement remedy con-
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1 tained in the preliminary order. Such hearings

2 shall be conducted expeditiously. If a hearing

3 is not requested in such 30-day period, the pre4 liminary order shall be deemed a final order

5 that is not subject to judicial review.

6 ‘‘(B) REQUIREMENTS.—

7 ‘‘(i) REQUIRED SHOWING BY COM8 PLAINANT.—The Secretary of Labor shall

9 dismiss a complaint filed under this sub10 section and shall not conduct an investiga11 tion otherwise required under subpara12 graph (A) unless the complainant makes a

13 prima facie showing that any behavior de14 scribed in paragraphs (1) through (4) of

15 subsection (a) was a contributing factor in

16 the unfavorable personnel action alleged in

17 the complaint.

18 ‘‘(ii) SHOWING BY EMPLOYER.—Not19 withstanding a finding by the Secretary

20 that the complainant has made the show21 ing required under clause (i), no investiga22 tion otherwise required under subpara23 graph (A) shall be conducted if the em24 ployer 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 ‘‘(iii) CRITERIA FOR DETERMINATION

4 BY SECRETARY.—The Secretary may de5 termine that a violation of subsection (a)

6 has occurred only if the complainant dem7 onstrates that any behavior described in

8 paragraphs (1) through (4) of subsection

9 (a) was a contributing factor in the unfa10 vorable personnel action alleged in the

11 complaint.

12 ‘‘(iv) PROHIBITION.—Relief may not

13 be ordered under subparagraph (A) if the

14 employer demonstrates by clear and con15 vincing evidence that the employer would

16 have taken the same unfavorable personnel

17 action in the absence of that behavior.

18 ‘‘(3) FINAL ORDER.—

19 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE20 MENT AGREEMENTS.—Not later than 120 days

21 after the date of conclusion of a hearing under

22 paragraph (2), the Secretary of Labor shall

23 issue a final order providing the relief pre24 scribed by this paragraph or denying the com25 plaint. At any time before issuance of a final
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1 order, a proceeding under this subsection may

2 be terminated on the basis of a settlement

3 agreement entered into by the Secretary of

4 Labor, the complainant, and the person alleged

5 to have committed the violation.

6 ‘‘(B) REMEDY.—If, in response to a com7 plaint filed under paragraph (1), the Secretary

8 of Labor determines that a violation of sub9 section (a) has occurred, the Secretary of Labor

10 shall order the person who committed such vio11 lation to—

12 ‘‘(i) take affirmative action to abate

13 the violation;

14 ‘‘(ii) reinstate the complainant to his

15 or her former position together with the

16 compensation (including back pay) and re17 store the terms, conditions, and privileges

18 associated with his or her employment; and

19 ‘‘(iii) provide compensatory damages

20 to the complainant.

21 If such an order is issued under this paragraph,

22 the Secretary of Labor, at the request of the

23 complainant, shall assess against the person

24 whom the order is issued a sum equal to the ag25 gregate amount of all costs and expenses (in-
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1 cluding attorney’s and expert witness fees) rea2 sonably incurred, as determined by the Sec3 retary of Labor, by the complainant for, or in

4 connection with, the bringing the complaint

5 upon which the order was issued.

6 ‘‘(C) FRIVOLOUS COMPLAINTS.—If the

7 Secretary of Labor finds that a complaint

8 under paragraph (1) is frivolous or has been

9 brought in bad faith, the Secretary of Labor

10 may award to the prevailing employer a reason11 able attorney’s fee not exceeding $1,000.

12 ‘‘(4) REVIEW.—

13 ‘‘(A) APPEAL TO COURT OF APPEALS.—

14 Any person adversely affected or aggrieved by

15 an order issued under paragraph (3) may ob16 tain review of the order in the United States

17 Court of Appeals for the circuit in which the

18 violation, with respect to which the order was

19 issued, allegedly occurred or the circuit in which

20 the complainant resided on the date of such vio21 lation. The petition for review must be filed not

22 later than 60 days after the date of issuance of

23 the final order of the Secretary of Labor. Re24 view shall conform to chapter 7 of title 5,

25 United States Code. The commencement of pro-
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1 ceedings under this subparagraph shall not, un2 less ordered by the court, operate as a stay of

3 the order.

4 ‘‘(B) LIMITATION ON COLLATERAL AT5 TACK.—An order of the Secretary of Labor

6 with respect to which review could have been

7 obtained under subparagraph (A) shall not be

8 subject to judicial review in any criminal or

9 other civil proceeding.

10 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY

11 OF LABOR.—Whenever any person has failed to com12 ply with an order issued under paragraph (3), the

13 Secretary of Labor may file a civil action in the

14 United States district court for the district in which

15 the violation was found to occur to enforce such

16 order. In actions brought under this paragraph, the

17 district courts shall have jurisdiction to grant all ap18 propriate relief, including, but not to be limited to,

19 injunctive relief and compensatory damages.

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

21 ‘‘(A) COMMENCEMENT OF ACTION.—A per22 son on whose behalf an order was issued under

23 paragraph (3) may commence a civil action

24 against the person to whom such order was

25 issued to require compliance with such order.
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1 The appropriate United States district court

2 shall have jurisdiction, without regard to the

3 amount in controversy or the citizenship of the

4 parties, to enforce such order.

5 ‘‘(B) ATTORNEY FEES.—The court, in

6 issuing any final order under this paragraph,

7 may award costs of litigation (including reason8 able attorney and expert witness fees) to any

9 party whenever the court determines such

10 award costs is appropriate.

11 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im12 posed by this section shall be enforceable in a mandamus

13 proceeding brought under section 1361 of title 28, United

14 States Code.

15 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA16 TIONS.—Subsection (a) shall not apply with respect to an

17 employee of a pipeline, contractor or subcontractor who,

18 acting without direction from the pipeline contractor or

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

20 a violation of any requirement relating to pipeline safety

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

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

23 term ‘contractor’ means a company that performs safety24 sensitive functions by contract for a pipeline.’’.
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1 (b) CIVIL PENALTY.—Section 60122(a) is amended

2 by adding at the end the following:

3 ‘‘(3) A person violating section 60129, or an order

4 issued thereunder, is liable to the Government for a civil

5 penalty of not more than $1,000 for each violation. The

6 penalties provided by paragraph (1) do not apply to a vio7 lation of section 60129 or an order issued thereunder.’’.

8 (c) CONFORMING AMENDMENT.—The chapter anal9 ysis for chapter 601 is amended by adding at the end the

10 following:

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

11 SEC. 16. STATE PIPELINE SAFETY ADVISORY COMMITTEES.

12 Within 90 days after receiving recommendations for

13 improvements to pipeline safety from an advisory com14 mittee appointed by the Governor of any State, the Sec15 retary of Transportation shall respond in writing to the

16 committee setting forth what action, if any, the Secretary

17 will take on those recommendations and the Secretary’s

18 reasons for acting or not acting upon any of the rec19 ommendations.

20 SEC. 17. FINES AND PENALTIES.

21 The Inspector General of the Department of Trans22 portation shall conduct an analysis of the Department’s

23 assessment of fines and penalties on gas transmission and

24 hazardous liquid pipelines, including the cost of corrective

25 actions required by the Department in lieu of fines, and,
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1 no later than 6 months after the date of enactment of this

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

3 Commerce, Science, and Transportation and the House

4 Committee on Transportation and Infrastructure on any

5 findings and recommendations for actions by the Sec6 retary or Congress to ensure the fines assessed are an ef7 fective deterrent for reducing safety risks.

8 SEC. 18. STUDY OF RIGHTS-OF-WAY.

9 The Secretary of Transportation is authorized to con10 duct a study on how best to preserve environmental re11 sources in conjunction with maintaining pipeline rights12 of-way. The study shall recognize pipeline operators’ regu13 latory obligations to maintain rights-of-way and to protect

14 public safety.

Æ