‘‘(A) $19,800,000 for fiscal year 2003, of which
$14,800,000 is to be derived from user fees for fis-
cal year 2003 collected under section 60301 of this
title.
‘‘(B) $21,700,000 for fiscal year 2004, of which
$16,700,000 is to be derived from user fees for fis-
cal year 2004 collected under section 60301 of this
title.
‘‘(C) $24,600,000 for fiscal year 2005, of which
$19,600,000 is to be derived from user fees for fis-
cal year 2005 collected under section 60301 of this
title.
‘‘(D) $26,500,000 for fiscal year 2006, of which
$21,500,000 is to be derived from user fees for fis-
cal year 2006 collected under section 60301 of this
title.’’.
(c) 
EMERGENCY
RESPONSE
GRANTS.—Section
60125 is amended by adding after subsection (c) (as re-
designated by subsection (b)(1) of this section) the fol-
lowing:
‘‘(d) EMERGENCY RESPONSE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish a program for making grants to State, county,
and local governments in high consequence areas, as
defined by the Secretary, for emergency response
management, training, and technical assistance.
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated $6,000,000
for each of fiscal years 2003, 2004, and 2005 to
carry out this subsection.’’.
(d) CONFORMING AMENDMENT.—Section 60125(c)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ‘‘or (b) of this section’’.
SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT.
Section 60102, as amended by this Act, is further
amended by adding at the end the following new sub-
section:
‘‘(m) INSPECTIONS BY DIRECT ASSESSMENT.—Not
later than 1 year after the date of the enactment of this
subsection, the Secretary shall issue regulations pre-
scribing standards for inspection of a pipeline facility by
direct assessment.’’.
SEC. 21. PIPELINE BRIDGE RISK STUDY.
(a) INITIATION.—Within 90 days after the date of
enactment of this Act, the Secretary of Transportation
shall initiate a study to determine whether cable-suspen-
sion pipeline bridges pose structural or other risks war-
ranting particularized attention in connection with pipe-
line operators risk assessment programs and whether par-
ticularized inspection standards need to be developed by
the Department of Transportation to recognize the pecu-
liar risks posed by such bridges.
(b) PUBLIC PARTICIPATION
AND COMMENTS.—In
conducting the study, the Secretary shall provide, to the
maximum extent practicable, for public participation and
comment and shall solicit views and comments from the
public and interested persons, including participants in the
pipeline industry with knowledge and experience in inspec-
tion of pipeline facilities.
(c) COMPLETION
AND REPORT.—Within 2 years
after the date of enactment of this Act, the Secretary shall
complete the study and transmit to Congress a report de-
tailing the results of the study.
SEC. 22. STATE OVERSIGHT ROLE.
(a) STATE AGREEMENTS WITH CERTIFICATION.—
Section 60106 is amended—
(1) in subsection (a) by striking ‘‘GENERAL AU-
THORITY.—’’ and inserting ‘‘AGREEMENTS WITH-
OUT CERTIFICATION.—’’;
(2) by redesignating subsections (b), (c), and
(d) as subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) AGREEMENTS WITH CERTIFICATION.—
‘‘(1) IN GENERAL.—If the Secretary accepts a
certification under section 60105 and makes the de-
termination required under this subsection, the Sec-
retary may make an agreement with a State author-
ity authorizing it to participate in the oversight of
interstate pipeline transportation. Each such agree-
ment shall include a plan for the State authority to
participate in special investigations involving inci-
dents or new construction and allow the State au-
thority to participate in other activities overseeing
interstate pipeline transportation or to assume addi-
tional inspection or investigatory duties. Nothing in
this section modifies section 60104(c) or authorizes
the Secretary to delegate the enforcement of safety
standards prescribed under this chapter to a State
authority.
‘‘(2) DETERMINATIONS
REQUIRED.—The Sec-
retary may not enter into an agreement under this
subsection, unless the Secretary determines in writ-
ing that—
‘‘(A) the agreement allowing participation
of the State authority is consistent with the
Secretary’s program for inspection and con-
sistent with the safety policies and provisions
provided under this chapter;
‘‘(B) the interstate participation agreement
would not adversely affect the oversight respon-
sibilities of intrastate pipeline transportation by
the State authority;
‘‘(C) the State is carrying out a program
demonstrated to promote preparedness and risk
prevention activities that enable communities to
live safely with pipelines;
‘‘(D) the State meets the minimum stand-
ards for State one-call notification set forth in
chapter 61; and
‘‘(E) the actions planned under the agree-
ment would not impede interstate commerce or
jeopardize public safety.
‘‘(3) EXISTING AGREEMENTS.—If requested by
the State authority, the Secretary shall authorize a
State authority which had an interstate agreement
in effect after January 31, 1999, to oversee inter-
state pipeline transportation pursuant to the terms
of that agreement until the Secretary determines
that the State meets the requirements of paragraph
(2) and executes a new agreement, or until Decem-
ber 31, 2003, whichever is sooner. Nothing in this
paragraph shall prevent the Secretary, after afford-
ing the State notice, hearing, and an opportunity to
correct any alleged deficiencies, from terminating an
agreement that was in effect before enactment of the
Pipeline Infrastructure Protection to Enhance Secu-
rity and Safety Act if—
‘‘(A) the State authority fails to comply
with the terms of the agreement;
‘‘(B) implementation of the agreement has
resulted in a gap in the oversight responsibil-
ities of intrastate pipeline transportation by the
State authority; or
‘‘(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation has had an adverse impact on
pipeline safety.’’.
(b) ENDING AGREEMENTS.—Subsection (e) of sec-
tion 60106 (as redesignated by subsection (a)(2) of this
section) is amended to read as follows:
‘‘(e) ENDING AGREEMENTS.—
‘‘(1) PERMISSIVE
TERMINATION.—The Sec-
retary may end an agreement under this section
when the Secretary finds that the State authority
has not complied with any provision of the agree-
ment.
‘‘(2) MANDATORY
TERMINATION
OF
AGREE-
MENT.—The Secretary shall end an agreement for
(c) SECRETARY’S RESPONSE TO STATE NOTICES OF
VIOLATIONS.—Subsection (c) of section 60106 (as redes-
ignated by subsection (a)(2) of this section) is amended—
(1) by striking ‘‘Each agreement’’ and inserting
the following:
‘‘(1) IN GENERAL.—Each agreement’’;
(2) by adding at the end the following:
‘‘(2) RESPONSE BY SECRETARY.—If a State au-
thority notifies the Secretary under paragraph (1) of
a violation or probable violation of an applicable
safety standard, the Secretary, not later than 60
days after the date of receipt of the notification,
shall—
‘‘(A) 
issue 
an 
order 
under 
section
60118(b) or take other appropriate enforcement
actions to ensure compliance with this chapter;
or
‘‘(B) provide the State authority with a
written explanation as to why the Secretary has
determined not to take such actions.’’; and
(3) by aligning the text of paragraph (1) (as
designated by this subsection) with paragraph (2)
(as added by this subsection).
Passed the House of Representatives July 23, 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 3609
AN ACT
To amend title 49, United States Code, to enhance
the security and safety of pipelines.