II

106TH CONGRESS

2D SESSION S. 2409

To provide for enhanced safety and environmental protection in pipeline

transportation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 12, 2000

Mr. HOLLINGS (for himself and Mr. SARBANES) (by request) 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 and environmental protection

in pipeline transportation, and for other purposes.

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

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

4 UNITED STATES CODE; TABLE OF CONTENTS.

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

6 ‘‘Pipeline Safety and Community Protection Act of 2000’’.

7 (b) AMENDMENT OF TITLE 49, UNITED STATES

8 CODE.—Except as otherwise expressly provided, whenever

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

10 of an amendment to, or a repeal of, a section or other
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1 provision, the reference shall be considered to be made to

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

3 Code.

4 (c) TABLE OF CONTENTS.—

Sec. 1. Short title; amendment of title 49, United States Code; table of contents.

Sec. 2. Additional pipeline protections.

Sec. 3. Community right to know and emergency preparedness.

Sec. 4. Enforcement.

Sec. 5. Underground damage prevention.

Sec. 6. Enhanced ability of states to oversee operator activities.

Sec. 7. Improved data and data availability.

Sec. 8. Enhanced investigation authorities.

Sec. 9. International authority.

Sec. 10. Risk management demonstration program.

Sec. 11. Support for innovative technology development.

Sec. 12. Authorization of appropriations.

5 SEC. 2. ADDITIONAL PIPELINE PROTECTIONS.

6 (a) Section 60109 is amended by adding at the end

7 the following:

8 ‘‘(c) OPERATOR’S RISK ANALYSIS AND PROGRAM

9 FOR INTEGRITY MANAGEMENT.—

10 (1) GENERAL REQUIREMENT.—Within 1 year

11 after the Secretary, in consultation with the Admin12 istrator of the Environmental Protection Agency, es13 tablishes criteria under subsection (a)(1) of this sec14 tion, an operator of a natural gas transmission pipe15 line facility or hazardous liquid pipeline facility shall

16 evaluate the risks to the operator’s pipeline facility

17 in the areas identified by these criteria and shall

18 adopt and implement a program for integrity man19 agement that reduces the risks in those areas.
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1 ‘‘(2) STANDARDS FOR PROGRAM.—An operator

2 shall include at least the following in the program

3 for integrity management:

4 ‘‘(A) internal inspection or another equally

5 protective method, such as pressure testing,

6 that represents use of the best achievable tech7 nology and that directly assesses the integrity

8 of the pipeline on a periodic basis that is com9 mensurate to the risk to people and the envi10 ronment of the pipeline being inspected;

11 ‘‘(B) clearly defined criteria for evaluating

12 and acting on the results of the inspection or

13 testing done under subparagraph (A);

14 ‘‘(C) an analysis on a continuing basis that

15 integrates all available information about the

16 integrity of the pipeline or the consequences of

17 a release;

18 ‘‘(D) prompt actions to address integrity

19 issues raised by the analysis required by sub20 paragraph (C);

21 ‘‘(E) measures that prevent and mitigate

22 the consequences of a release and, in the case

23 of a release of a hazardous substance or dis24 charge of oil, are consistent with the National

25 Contingency Plan, including leak detection, in-
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1 tegrity evaluation, emergency flow restricting

2 devices, and other prevention, detection, and

3 mitigation measures that are appropriate for

4 the protection of human health and the environ5 ment; and

6 ‘‘(F) consideration of the consequences of

7 hazardous liquid releases.

8 ‘‘(3) CRITERIA FOR PROGRAM STANDARDS.—

9 ‘‘(A) In deciding how frequently the in10 spection or testing under paragraph (2)(A)

11 must be conducted, an operator shall take into

12 account the potential for the development of

13 new defects, the operational characteristics of

14 the pipeline, including age, operating pressure,

15 block valve location, and spill history, the loca16 tion of areas identified under subsection (a)(1),

17 any known deficiencies of the method of pipe18 line construction or installation, and the pos19 sible flaw growth of new and existing defects.

20 In considering the potential for development of

21 new defects from outside force damage, an op22 erator shall consider information available

23 about current or planned excavation activities

24 and the effectiveness of damage prevention pro25 grams in the area.
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1 ‘‘(B) An operator shall adopt standards

2 under this section that provide an equivalent

3 minimum level of protection as that provided by

4 the applicable level established by national con5 sensus standards organizations.

6 ‘‘(C) An operator shall implement pressure

7 testing and other integrity management tech8 niques in a manner that does not increase envi9 ronmental or safety risks, such as by use of pe10 troleum for pressure testing.

11 ‘‘(4) AUTHORITY FOR ADDITIONAL STAND12 ARDS.—The Secretary shall prescribe additional

13 standards to direct an operator’s conduct of a risk

14 analysis or adoption or implementation of a program

15 for integrity management. These standards shall ad16 dress the type or frequency of inspection or testing

17 required, the manner in which it is conducted, the

18 criteria used in analyzing results, the types of infor19 mation sources that must be integrated as well as

20 the manner of integration, the nature and timing of

21 actions selected to address integrity issues, and such

22 other factors as appropriate to assure that the integ23 rity of the pipeline facility is addressed and that ap24 propriate mitigative measures are adopted to protect

25 areas identified under subsection (a)(1). The Sec-
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1 retary may also prescribe standards that require an

2 owner or operator of a natural gas transmission or

3 hazardous liquid pipeline facility to include in the

4 program of integrity management changes to valves

5 or the establishment or modification of systems that

6 monitor pressure and detect leaks based on the risk

7 analysis the operator conducts, and the use of emer8 gency flow restricting devices.

9 ‘‘(5) MONITORING IMPLEMENTATION.—A risk

10 analysis and program for integrity management re11 quired under this section shall be reviewed by the

12 Secretary of Transportation as an element of De13 partmental inspections, and the analysis and pro14 gram, as well as the records demonstrating imple15 mentation, shall be made available to the Secretary

16 on request under section 60117.’’.

17 (b) Section 60102 is amended—

18 (1) by striking ‘‘facilities.’’ in subsection (e)(2)

19 and inserting ‘‘facilities, not including tanks inci20 dental to pipeline transportation.’’;

21 (2) by striking paragraph (2) of subsection (f);

22 (3) by striking ‘‘(1)’’ in subsection (f);

23 (4) by redesignating subparagraphs (A) and

24 (B) of subsection (f)(1) (as such subsection was in
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1 effect before its amendment by paragraph (3) of this

2 subsection) as paragraphs (1) and (2), respectively;

3 (5) by striking paragraph (2) of subsection (j)

4 and redesignating paragraph (3) as paragraph (2);

5 and

6 (6) by adding at the end thereof the following:

7 ‘‘(m) INTEGRITY MANAGEMENT REGULATIONS.—

8 ‘‘(1) Not later than December 31, 2000, the

9 Secretary shall issue final regulations authorized by

10 this section and sections 60104, 60108, and 60109

11 for the implementation of an integrity management

12 program by operators of more than 500 miles of

13 hazardous liquid pipelines.

14 ‘‘(2) Not later than 2 years after the date of

15 enactment of the Pipeline Safety and Community

16 Protection Act of 2000, the Secretary shall issue

17 final regulations that extend the requirements im18 posed by the regulations described in paragraph (1)

19 to every operator of a hazardous liquid pipeline or

20 natural gas transmission pipeline subject to the ju21 risdiction of this chapter. In the event that the Sec22 retary fails to fulfill this requirement within two

23 years, all the requirements imposed by the regula24 tions described in paragraph (1) shall, on the date

25 that is two years after the enactment of this sub-
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1 section, apply to every operator of a hazardous liq2 uid pipeline or natural gas transmission pipeline

3 subject to the jurisdiction of this chapter.

4 ‘‘(3) Not later than 3 years after the date of

5 enactment of the Pipeline Safety and Community

6 Protection Act of 2000—

7 ‘‘(A) the Secretary shall complete an as8 sessment and evaluation of the effects on safety

9 and the environment of extending all of the re10 quirements mandated by the regulations de11 scribed in paragraph (1) to additional areas;

12 ‘‘(B) the Secretary shall promptly make a

13 Secretarial determination as to the effect on

14 safety and the environment of extending the re15 quirements imposed by the regulations de16 scribed in paragraph (1) to additional areas

17 using the best achievable technology; and

18 ‘‘(C) based on the determination described

19 in subparagraph (B), the Secretary shall

20 promptly promulgate regulations that would

21 provide measurable improvements to safety or

22 the environment in these areas by extending

23 regulatory requirements at least as protective to

24 these areas.’’.

25 (f) Section 60118(a) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (2);

3 (2) striking ‘‘title.’’ in paragraph (3) and in4 serting ‘‘title; and’’; and

5 (3) adding at the end the following:

6 ‘‘(4) conduct a risk analysis and prepare and carry

7 out a program for integrity management for pipeline facili8 ties in certain areas as required under section 60109(c).’’.

9 (g) Section 60104(b) is amended by striking ‘‘adopt10 ed.’’ and inserting ‘‘adopted, unless the Secretary deter11 mines that application of the standard is necessary for

12 safety or environmental protection.’’.

13 SEC. 3. COMMUNITY RIGHT TO KNOW AND EMERGENCY

14 PREPAREDNESS.

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

16 ‘‘§ 60116. Community right to know

17 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—

18 ‘‘(1) Each owner or operator of a gas or haz19 ardous liquid pipeline facility shall carry out a con20 tinuing program to educate the public on the use of

21 a one-call notification system prior to excavation and

22 other damage prevention activities, the possible haz23 ards associated with unintended releases from the

24 pipeline facility, the physical indications that such a

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

3 ‘‘(2) Within 1 year after the date of enactment

4 of the Pipeline Safety and Community Protection

5 Act of 2000, each owner or operator of a gas or haz6 ardous liquid pipeline facility shall review its existing

7 public education program for effectiveness and mod8 ify the program as necessary. The completed plan

9 shall be reviewed by the Secretary of Transportation

10 as an element of Departmental inspections.

11 ‘‘(3) The Secretary may issue standards pre12 scribing the details of a public education program

13 and providing for periodic review of the effectiveness

14 and modification as needed. The Secretary may also

15 develop material for use in the program.

16 ‘‘(b) LIAISON WITH STATE AND LOCAL EMERGENCY

17 RESPONSE ENTITIES.—Within 1 year after the date of en18 actment of the Pipeline Safety and Community Protection

19 Act of 2000, an operator of a gas transmission or haz20 ardous liquid pipeline facility shall initiate and maintain

21 liaison with the State emergency response commissions,

22 and local emergency planning committees in the areas of

23 pipeline right-of-way, established under section 301 of the

24 Emergency Planning and Community Right-To-Know Act

25 of 1986 (42 U.S.C. 11001) in each State in which it oper-
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1 ates. An operator shall, when requested, make available

2 to the State emergency response commissions and local

3 emergency planning committees the information described

4 in section 60102(d), any program for integrity manage5 ment developed under section 60109(c), and information

6 about implementation of that program and about the risks

7 the program is designed to address. In a community with8 out a local emergency planning committee, the operator

9 shall maintain liaison with the local fire, police, and other

10 emergency response agencies.

11 ‘‘(c) PUBLIC AVAILABILITY OF REPORTS.—The Sec12 retary shall make available to the public a safety-related

13 condition report filed by an operator under section

14 60102(h) and a report of a pipeline incident filed by an

15 operator under this chapter.

16 ‘‘(d) ACCESS TO INTEGRITY MANAGEMENT PROGRAM

17 INFORMATION.—The Secretary shall prescribe require18 ments for public access to integrity management program

19 information prepared under this chapter.

20 ‘‘(e) AVAILABILITY OF MAPS.—

21 ‘‘(1) The owner or operator of each interstate

22 gas pipeline facility shall provide, at least annually,

23 to the governing body of each municipality in which

24 the interstate gas pipeline facility is located, a map

25 identifying the location of the facility.
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1 ‘‘(2) Not later than 1 year after the date of en2 actment of the Pipeline Safety and Community Pro3 tection Act of 2000, and annually thereafter, the

4 owner or operator of each hazardous liquid pipeline

5 facility shall provide to the governing body of each

6 municipality in which the pipeline facility is located,

7 a map identifying the location of such facility.

8 ‘‘(f) EFFECTIVENESS OF PUBLIC SAFETY AND PUB9 LIC EDUCATION PROGRAMS.—

10 ‘‘(1) The Secretary shall survey and assess the

11 public education programs under this section and

12 the public safety programs under section 60102(c)

13 and determine their effectiveness and applicability as

14 components of a model program. The survey shall

15 include the methods by which operators notify resi16 dents of the location of the facility and its right of

17 way, public information regarding existing One-Call

18 programs, and appropriate procedures to be followed

19 by residents of affected municipalities in the event of

20 accidents involving interstate gas pipeline facilities.

21 ‘‘(2) In issuing standards for public safety pro22 grams under section 60102(a) or for public edu23 cation programs under this section, the Secretary

24 shall consider the results of the survey and assess25 ment done under paragraph (1).
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1 ‘‘(3) The Secretary may provide technical as2 sistance to the pipeline industry on developing public

3 safety and public education program content and

4 best practices for program delivery, and on evalu5 ating the effectiveness of the programs. The Sec6 retary may also provide technical assistance to State

7 and local officials in applying practices developed in

8 these programs to their activities.’’.

9 (d) Section 60102(c) is amended by striking para10 graph (4).

11 (e) Section 60102(h)(2) is amended by striking ‘‘au12 thorities.’’ and inserting ‘‘officials, including the local

13 emergency responders, and appropriate on-scene coordina14 tors for the area contingency plan or sub-area contingency

15 plan.’’.

16 (f) Section 60120(c) is amended by adding at the end

17 the following: ‘‘Nothing in section 60116 shall be deemed

18 to impose a new duty on State or local emergency respond19 ers or local emergency planning committees.’’.

20 (g) The analysis for chapter 601 is amended by strik21 ing the item relating to section 60116 and inserting the

22 following:

‘‘60116. Community right to know’’.

23 SEC. 4. ENFORCEMENT.

24 (a) GENERAL AUTHORITY.—Section 60112 is

25 amended—
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1 (1) by striking all after ‘‘if the Secretary’’ in

2 subsection (a) and inserting ‘‘decides that—

3 ‘‘(1) operation of the facility is or would be haz4 ardous to life, property, or the environment; or

5 ‘‘(2) the facility is or would be constructed or

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

7 be constructed or operated, with equipment, mate8 rial, or a technique that the Secretary decides is

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

10 (2) by striking ‘‘is hazardous’’ in subsection (d)

11 and inserting ‘‘is or would be hazardous’’; and

12 (3) by adding at the end the following:

13 ‘‘(f) OPTIONAL WAIVER OF NOTICE AND HEARING

14 REQUIREMENTS.—If the Secretary decides that a facility

15 may present a hazard under subsection (a)(1) or (2), the

16 Secretary may waive the notice and hearing requirements

17 in subsection (a) and request the Attorney General to

18 bring suit on behalf of the United States in an appropriate

19 district court to obtain an order to restrain the operator

20 of the facility from such operation, or to take such other

21 action as may be necessary, or both.’’.

22 (b) CIVIL PENALTIES.—Section 60122 is amended—

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

24 and ‘‘$500,000’’ and substituting ‘‘$100,000’’ and

25 ‘‘$1,000,000’’, respectively; and
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1 (2) by adding at the end of subsection (a)(1)

2 ‘‘The maximum civil penalty for a related series of

3 violations does not apply to a judicial enforcement

4 action under section 60120 or 60121.’’; and

5 (3) by striking subsection (b) and inserting the

6 following:

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

8 the amount of a civil penalty under this section—

9 ‘‘(1) the Secretary shall consider—

10 ‘‘(A) the nature, circumstances, and grav11 ity of the violation, including adverse impact on

12 the environment;

13 ‘‘(B) with respect to the violator, the de14 gree of culpability, any history of prior viola15 tions, the ability to pay, any effect on ability to

16 continue doing business; and

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

18 and

19 ‘‘(2) the Secretary may consider—

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

21 violation without any discount because of subse22 quent damages; and

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

24 (c) EXCAVATOR DAMAGE.—Section 60123(d) is

25 amended—
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1 (1) by striking ‘‘knowingly and willfully’’;

2 (2) by inserting ‘‘knowingly and willfully’’ be3 fore ‘‘engages’’ in paragraph (1); and

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

5 following:

6 ‘‘(B) a pipeline facility, is aware of dam7 age, and does not report the damage promptly

8 to the operator of the pipeline facility and to

9 other appropriate authorities; or’’.

10 (d) CIVIL ACTIONS.—Section 60120(a)(1) is amend11 ed to read as follows:

12 ‘‘(1) On the request of the Secretary of Trans13 portation, the Attorney General may bring a civil ac14 tion in an appropriate district court of the United

15 States to enforce this chapter, including section

16 60112 of this chapter, or a regulation prescribed or

17 order issued under this chapter. The court may

18 award appropriate relief, including a temporary or

19 permanent injunction, punitive damages, and assess20 ment of civil penalties considering the same factors

21 as prescribed for the Secretary in an administrative

22 case under section 60122.’’.

23 (e) CITIZEN SUITS.—Section 60121(a)(1) is amended

24 by striking the first sentence and ‘‘However, the’’ and in25 serting: ‘‘A person may bring a civil action in an appro-
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1 priate district court of the United States against a person

2 owning or operating a pipeline facility to enforce compli3 ance with this chapter or a standard prescribed or an

4 order issued under this chapter. The district court may

5 enjoin noncompliance and assess civil penalties considering

6 the same factors as prescribed for the Secretary in an ad7 ministrative case under section 60122. The’’.

8 SEC. 5. UNDERGROUND DAMAGE PREVENTION.

9 (a) Section 60114 is amended by inserting after sub10 section (b) the following:

11 ‘‘(c) CONFORMITY WITH CHAPTER 61.—Regulations

12 prescribed by the Secretary under subsection (a) do not

13 apply to a State that has a One-Call notification program

14 accepted by the Secretary as meeting the minimum stand15 ards of section 6103 of this title or approved by the Sec16 retary as an alternative program under section 6104(c)

17 of this title.’’.

18 (b) Section 60102(c) is amended—

19 (1) by inserting ‘‘or hazardous liquid pipeline

20 facility’’ before ‘‘participate’’ in paragraph (1); and

21 (2) striking paragraph (3).

22 (c) Section 60104 is amended by adding at the end

23 the following:

24 ‘‘(f) STATE ONE-CALL NOTIFICATION LAWS.—Not25 withstanding subsection (c) of this section, a State may
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1 enforce a requirement of a One-Call notification law that

2 satisfies sections 6103 or 6104(c) of this title, or section

3 60114(a) of this chapter, against an operator of an inter4 state natural gas pipeline facility or an interstate haz5 ardous liquid pipeline facility provided that the require6 ment sought to be enforced is compatible with the min7 imum standards prescribed under this chapter.’’.

8 (d) Section 60123 is amended by adding at the end

9 thereof the following:

10 ‘‘(e) MISDEMEANOR FOR NOT USING ONE-CALL.—

11 A person shall be fined under title 18, imprisoned for not

12 more than 1 year, or both, if the person knowingly engages

13 in an excavation activity without first using an available

14 one-call notification system to establish the location of un15 derground facilities in the excavation area.’’.

16 SEC. 6. ENHANCED ABILITY OF STATES TO OVERSEE OPER17 ATOR ACTIVITIES.

18 (a) Section 60106(a) is amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘If’’;

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

21 subparagraphs (A) and (B); and

22 (3) adding at the end thereof the following:

23 ‘‘(2) If the Secretary accepts a certification under

24 section 60105 of this title, the Secretary may make an

25 agreement with a State authority authorizing it to partici-
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1 pate in the oversight of interstate pipeline transportation.

2 An agreement shall include a plan for the State authority

3 to participate in special investigations involving new con4 struction or incidents.

5 ‘‘(3) An agreement under paragraph (2) may also in6 clude a program allowing for participation by the State

7 authority in other activities overseeing interstate pipeline

8 transportation that supplement the Secretary’s program

9 and address issues of local concern, provided that the Sec10 retary determines that—

11 ‘‘(A) there are no significant gaps in the regu12 latory jurisdiction of the State authority over intra13 state pipeline transportation;

14 ‘‘(B) implementation of the agreement will not

15 adversely affect the oversight of intrastate pipeline

16 transportation by the State authority;

17 ‘‘(C) the program allowing participation of the

18 State authority is consistent with the Secretary’s

19 program for inspection; and

20 ‘‘(D) the State promotes preparedness and pre21 vention activities that enable communities to live

22 safely with pipelines.’’.

23 (b) Section 60106(d) is amended by inserting after

24 the first sentence the following: ‘‘In addition, the Sec25 retary may end an agreement for the oversight of inter-
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1 state pipeline transportation when the Secretary finds that

2 there are significant gaps in the regulatory authority of

3 the State authority over intrastate pipeline transportation,

4 or that continued participation by the State authority in

5 the oversight of interstate pipeline transportation is not

6 consistent with the Secretary’s program or would ad7 versely affect oversight of intrastate pipeline transpor8 tation, or that the State is not promoting activities that

9 enable communities to live safely with pipelines.’’.

10 (c) STATE GRANTS.—Section 60107 is amended by

11 adding at the end the following:

12 ‘‘(e) SPECIAL INVESTIGATION OF INTERSTATE PIPE13 LINE FACILITIES.—

14 ‘‘(1) Notwithstanding subsection (a) of this sec15 tion, the Secretary may pay up to 100 percent of the

16 cost of the personnel, equipment, and activities of a

17 State authority acting as an agent of the Secretary

18 in conducting a special investigation involved in

19 monitoring new construction or investigating an inci20 dent, on an interstate gas pipeline facility or an

21 interstate hazardous liquid pipeline facility.

22 ‘‘(2) This subsection shall become effective on

23 October 1, 2001.’’.
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1 SEC. 7. IMPROVED DATA AND DATA AVAILABILITY.

2 (a) REPORT OF RELEASES EXCEEDING 5 GAL3 LONS.—Section 60117(b) is amended—

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

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

6 subparagraphs (A) and (B);

7 (3) inserting before the last sentence the fol8 lowing:

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

10 pipeline facility shall report to the Secretary each release

11 to the environment greater than five gallons of the haz12 ardous liquid or carbon dioxide transported. This section

13 applies to releases from pipeline facilities regulated under

14 this chapter and from rural gathering lines not regulated

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

16 the release, fatalities and personal injuries, type of prod17 uct, amount of product release, causes of the release, ex18 tent of damage to property and the environment, and the

19 response undertaken to clean up the release.

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

21 a person owning or operating a pipeline facility shall make

22 records, reports, and information required under sub23 section (a) of this section or other reasonably described

24 records, reports, and information relevant to the incident

25 investigation available to the Secretary within the time

26 limits prescribed in a written request.’’; and
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1 (4) inserting ‘‘(4)’’ before ‘‘The Secretary’’.

2 (b) PENALTY AUTHORITIES.—

3 (1) Section 60122(a) is amended by striking

4 ‘‘60114(c)’’ and substituting ‘‘60117(b)(3)’’.

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

6 ‘‘60114(c)’’ and substituting ‘‘60117(b)(3)’’.

7 (c) Section 60117 is amended by adding at the end

8 the following:

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 may establish the depository through cooperative

15 arrangements, and the Secretary shall make such informa16 tion available for use by State and local planning and

17 emergency response authorities and the public.’’.

18 SEC. 8. ENHANCED INVESTIGATION AUTHORITIES.

19 (a) CLARIFICATION OF AUTHORITY.—Section

20 60117(c) is amended by striking ‘‘decide whether a person

21 is complying with this chapter and standards prescribed

22 or orders issued under this chapter’’ and inserting ‘‘carry

23 out the duties and responsibilities of this chapter. The

24 Secretary may question an individual about matters rel25 evant to an investigation, including such matters as the
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1 design, construction, operation, or maintenance of the sys2 tem, the individual’s qualifications, or the operator’s re3 sponse to an emergency’’.

4 (b) EXPENSES OF INVESTIGATION.—Section 60117,

5 as amended by section 7, is further amended by adding

6 at the end the following:

7 ‘‘(m) EXTRAORDINARY EXPENSES OF INCIDENT IN8 VESTIGATION.—The Secretary may, by regulation, estab9 lish procedures to recover the Secretary’s costs incurred

10 because of investigation of incidents from the operators

11 of the pipeline facilities involved in the incidents. These

12 costs may include travel costs and contract support for

13 the investigation and monitoring of the corrective meas14 ures. All sums collected shall be deposited into the Pipeline

15 Safety Fund and shall be available, to the extent and in

16 the amount provided in advance in appropriations acts, to

17 reimburse the Secretary for the costs of investigation and

18 monitoring of the incidents. Such amounts are authorized

19 to be appropriated to be available until expended.’’.

20 SEC. 9. INTERNATIONAL AUTHORITY.

21 Section 60117, as amended by section 8, is further

22 amended by adding at the end the following subsection:

23 ‘‘(n) GLOBAL SHARING OF ENVIRONMENTAL AND

24 SAFETY INFORMATION.—Subject to guidance and direc25 tion of the Secretary of State, the Secretary of Transpor-
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1 tation is directed to support international efforts to share

2 information about the risks to the public and the environ3 ment from pipelines and the means of protecting against

4 those risks. The extent of support should include a consid5 eration of the benefits to the public from an increased un6 derstanding by the Secretary of technical issues about

7 pipeline safety and environmental protection and from

8 possible improvement in environmental protection outside

9 the United States.’’.

10 SEC. 10. RISK MANAGEMENT DEMONSTRATION PROGRAM.

11 Section 60126(a) is amended by adding at the end

12 the following paragraph:

13 ‘‘(3) CONTINUATION OF INDIVIDUAL

14 PROJECT.—Without regard to any recommendations

15 made with respect to the risk management dem16 onstration program under subsection (e) of this sec17 tion, the Secretary may, by order, allow the continu18 ation of an individual project begun under this pro19 gram beyond the termination of the program, pro20 vided the Secretary finds that—

21 ‘‘(A) the pipeline operator has a clear and

22 established record of compliance with respect to

23 safety and environmental protection;
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1 ‘‘(B) the project is achieving superior lev2 els of public safety and environmental protec3 tion; and

4 ‘‘(C) the continuation would not extend the

5 project more than four years from the date of

6 the initial approval of the project.’’.

7 SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVEL8 OPMENT.

9 Section 60117, as amended by section 9, is further

10 amended by adding at the end the following subsection:

11 ‘‘(o) SUPPORT FOR INNOVATIVE TECHNOLOGY DE12 VELOPMENT.—

13 ‘‘(1) To the extent and in the amount provided

14 in advance in appropriations acts, the Secretary of

15 Transportation shall participate in the development

16 of alternative technologies—

17 ‘‘(A) in fiscal year 2001 and thereafter,

18 to—

19 ‘‘(i) identify outside force damage

20 using internal inspection devices; and

21 ‘‘(ii) monitor outside-force damage to

22 pipelines; and

23 ‘‘(B) In fiscal year 2002 and thereafter, to

24 inspect pipelines that cannot accommodate in25 ternal inspection devices available on the date
26

•S 2409 IS

1 of the enactment of the Pipeline Safety and

2 Community Protection Act of 2000.

3 ‘‘(2) The Secretary may support such techno4 logical development through cooperative agreements

5 with trade associations, academic institutions, or

6 other qualified organizations.’’.

7 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

8 (a) Section 60125 is amended—

9 (1) by striking subsections (a), (b), (c)(1), and

10 (d) and inserting the following:

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

12 this chapter and other pipeline-related damage prevention

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

14 authorized to be appropriated to the Department of

15 Transportation—

16 ‘‘(1) $30,118,000 for fiscal year 2001; and

17 ‘‘(2) such sums as may be necessary for fiscal

18 years 2002, 2003, and 2004.

19 ‘‘(b) STATE GRANTS.—

20 ‘‘(1) Not more than the following amounts may

21 be appropriated to the Secretary to carry out section

22 60107:

23 ‘‘(A) $17,019,000 for fiscal year 2001.

24 ‘‘(B) Such sums as may be necessary for

25 fiscal years 2002, 2003, and 2004.’’; and
27

•S 2409 IS

1 (2) redesignating subsections (e) and (f) as sub2 sections (c) and (d), respectively.

Æ