I
106TH CONGRESS
2D SESSION
H. R. 4792
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 2000
Mr. INSLEE (for himself, Mr. PALLONE, Mr. PASCRELL, Mr. BAIRD, Mr.
SMITH of Washington, Mr. DICKS, Mr. MCDERMOTT, and Mr. HOLT) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide for enhanced safety, public awareness, and envi-
ronmental protection in pipeline transportation, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Pipeline Safety Improvement Act of
2000’’.
(b) AMENDMENT
OF TITLE 49, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
SEC. 2. IMPLEMENTATION OF INSPECTOR GENERAL REC-
OMMENDATIONS.
(a) IN GENERAL.—The Secretary of Transportation
shall implement the safety improvement recommendations
provided for in report number RT–2000–069 of the In-
spector General of the Department of Transportation.
(b) REPORTS BY THE SECRETARY.—Not later than
90 days after the date of enactment of this Act, and every
90 days thereafter until each of the recommendations re-
ferred to in subsection (a) has been implemented, the Sec-
retary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives a report on the specific actions taken
to implement such recommendations.
(c) REPORTS BY THE INSPECTOR GENERAL.—The
Inspector General shall periodically transmit to the Com-
mittees referred to in subsection (b) a report assessing the
Secretary’s progress in implementing the recommenda-
tions referred to in subsection (a) and identifying options
for the Secretary to consider in accelerating recommenda-
tion implementation.
SEC. 3. NTSB SAFETY RECOMMENDATIONS AND GAO RE-
PORT.
(a) IN GENERAL.—The Secretary of Transportation,
acting through the Administrator of Research and Special
Program Administration and the Director of the Office of
Pipeline Safety, shall comply with section 1135 of title 49,
United States Code, to ensure timely responsiveness to
recommendations of the National Transportation Safety
Board regarding pipeline safety.
(b) PUBLIC AVAILABILITY.—The Secretary shall
make a copy of each recommendation regarding pipeline
safety of the Board and the Secretary’s response to the
recommendation under sections 1135(a) and 1135(b) of
title 49, United States Code, available to the public by
way of the Internet without charge and otherwise at a rea-
sonable cost.
(c) REVIEW OF GAO REPORT.—Not later than 180
days after the date of enactment of this Act, the Secretary
shall review report number GAO/RCED–00–128 of the
General Accounting Office, dated May 2000, for the pur-
pose of determining the Department of Transportation’s
position regarding the findings and recommendations in
the report and make the results of the review available
to the public by way of the Internet without charge and
otherwise at a reasonable cost.
SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) QUALIFICATION PLAN.—Each pipeline operator
or, in the case of an intrastate pipeline facility operator,
the appropriate State regulatory agency, shall make avail-
able to the Secretary of Transportation a plan that is de-
signed to enhance the qualifications of pipeline personnel
and to reduce the likelihood of accidents and injuries. The
plan shall be submitted no later than April 21, 2001, and
the operator shall revise or update the plan as appropriate
and make this plan available to the public.
(b) REQUIREMENTS.—The enhanced qualification
plan shall include, at a minimum, criteria to demonstrate
the ability of an individual to safely and properly perform
tasks identified under section 60102 of title 49, United
States Code. The plan shall also provide for periodic train-
ing and reexamination of pipeline personnel qualifications
and provide for requalification as appropriate. The Sec-
retary or, in the case of an intrastate pipeline facility oper-
ator, the appropriate State regulatory agency, may review
and certify the plans to determine if they are sufficient
to provide a safe operating environment and shall periodi-
cally review the plans to ensure the continuation of a safe
operation. The Secretary shall establish minimum stand-
ards for pipeline personnel training and evaluation, which
may include written examination, oral examination, work
performance history review, observation during perform-
ance on the job, on the job training, simulations, or other
forms of assessment.
(c) 
TESTING
AND
CERTIFICATION.—Section
60102(a)(1)(C) is amended to read as follows:
‘‘(C) shall include a requirement that all indi-
viduals responsible for the operation and mainte-
nance of pipeline facilities be tested for qualification
to perform such functions and certified as qualified
by the Secretary to perform such functions and may
include a requirement that those individuals obtain
additional education and training to qualify to per-
form such functions.’’.
(d) 
SUSPENSION
OF
CERTIFICATION.—Section
60102(a) is amended by adding at the end the following:
‘‘(3) SUSPENSION
OF
CERTIFICATION.—The
Secretary may suspend or revoke the certification of
an individual under paragraph (1)(C) if the Sec-
retary determines, after providing notice and an op-
portunity for a hearing, that the individual contrib-
uted to a violation of this chapter (including any
regulation issued to carry out this chapter) or the
individual willfully refuses to cooperate with the in-
vestigation of such violation. The Secretary may only
suspend or revoke a certification under this para-
graph in a manner that is not inconsistent with the
constitutional rights of the individual.’’.
SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.
Section 60109 is amended by adding at the end the
following:
‘‘(c) INTEGRITY MANAGEMENT.—Not later than 12
months after the date of enactment of this subsection, the
Secretary shall issue regulations as follows:
‘‘(1) For natural gas pipelines, regulations
that—
‘‘(A) require the operators of natural gas
pipeline facilities to conduct periodic assessment
of the integrity of such facilities through meth-
ods, including internal inspection, pressure test-
ing, or direct assessment, or other effective
methods;
‘‘(B) clearly define criteria for evaluating
the results of the inspection or testing done
under this paragraph and procedures to ensure
identified problems are corrected in a timely
manner; and
‘‘(C) require such operators to prevent and
mitigate unintended releases through such
measures as leak detection, integrity evaluation,
or restrictive flow devices.
‘‘(2) For hazardous liquid pipelines, regulations
that—
‘‘(A) require the operators of hazardous
liquid pipeline facilities (other than distribution
lines) to determine periodically, but not less
often than every 5 years, the integrity of such
facilities to operate safely in environmentally
sensitive and high-density population areas;
‘‘(B) require such operators to perform
periodic inspections through methods, including
internal inspection, direct assessment, and peri-
odic hydrostatic pressure tests on facilities that
the Secretary determines are high-risk facilities
or, instead of hydrostatic pressure testing,
equally protective measures capable of identi-
fying corrosion, mechanical damage, longitu-
dinal anomalies, or other structural or oper-
ational defects that could be detrimental to
safety and the environment;
‘‘(C) clearly define criteria for evaluating
the results of the inspection or testing done
under this paragraph and procedures to ensure
identified problems are corrected in a timely
manner; and
‘‘(D) require such operators to prevent and
mitigate unintended releases through such
measures as leak detection, integrity evaluation,
or restrictive flow devices.’’.
SEC. 6. SHUTDOWN AUTHORITY.
Section 60112 is amended by adding at the end the
following:
‘‘(f) SHUTDOWN AUTHORITY.—
‘‘(1) IN GENERAL.—If the Secretary, or, in the
case of an intrastate pipeline facility operator, the
appropriate State regulatory agency, determines that
allowing the continued operation of a hazardous liq-
uid or natural gas pipeline creates an imminent haz-
ard (as defined in section 5102), the Secretary or
the State agency shall take such action as may be
necessary to prevent or restrict the operation of that
system for 30 days.
‘‘(2) SUBSEQUENT EXTENSION AFTER NOTICE
AND
HEARING.—After taking action under para-
graph (1), the Secretary or the State agency may ex-
tend the period that action is in effect for an addi-
tional period of up to 30 days if the Secretary or the
State agency determines, after notice and an oppor-
tunity for a hearing, that allowing the operation of
the pipeline to resume would create an imminent
hazard (as defined in section 5102).’’.
SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,
AND COMMUNITY RIGHT TO KNOW.
(a) IN GENERAL.—Section 60116 is amended to read
as follows:
‘‘§ 60116. Public education, emergency preparedness,
and community right to know
‘‘(a) PUBLIC EDUCATION PROGRAMS.—
‘‘(1) CONTINUING PROGRAM.—Each owner or
operator of a gas or hazardous liquid pipeline facility
shall carry out a continuing program to educate the
public on the use of a one-call notification system
prior to excavation and other damage prevention ac-
tivities, the possible hazards associated with unin-
tended releases from the pipeline facility, the phys-
ical indications that such a release may have oc-
curred, what steps should be taken for public safety
in the event of a pipeline release, and how to report
such an event.
‘‘(2) REVIEW OF EXISTING PROGRAM.—Within
12 months after the date of enactment of this para-
graph, each owner or operator of a gas or hazardous
liquid pipeline facility shall review its existing public
education program for effectiveness and modify the
program as necessary. The completed plan shall in-
clude activities to advise municipalities, school dis-
tricts, businesses, and residents of pipeline facility
locations. The completed plans shall be submitted to
the Secretary of Transportation and shall be periodi-
cally reviewed by the Secretary.
‘‘(3) STANDARDS; DEVELOPMENT
OF
MATE-
RIAL.—The Secretary may issue standards pre-
scribing the elements of an effective public education
program. The Secretary may also develop material
for use in the program.
‘‘(b) 
EMERGENCY
PREPAREDNESS.—Within 
months after the date of enactment of this subsection, an
operator of a gas or hazardous liquid pipeline facility shall
initiate and maintain liaison with the Office of Pipeline
Safety, the Regional Emergency Response Coordinator,
and the State Emergency Response Commission and local
emergency planning committees in the areas of pipeline
right-of way, established under section 301 of the Emer-
gency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001) in each State in which it oper-
ates. In a community without a local emergency planning
committee, the operator shall maintain liaison with the
local fire, police, and other emergency response agencies.
‘‘(c) FORMAT OF INFORMATION.—An operator of a
pipeline facility making information available under sub-
section (b) shall make the information available in a for-
mat integrated into a commercial off-the-shelf in-vehicle
portable computer global positioning system navigation
mapping software used in first responder vehicles
equipped with portable computers and responding to pipe-
line spills.
‘‘(d) DESIGNATION OF RETC.—The Secretary shall
designate for the purposes of subsection (e)(3) the Re-
gional Emergency Transportation Coordinator with the re-
sponsibility of defining the in-vehicle navigation mapping
standards and contracting the outsource mapping vendor,
which can provide the most cost effective first responder
mapping tool, for coordinated emergency responses, in the
geographic area.
‘‘(e) COMMUNITY RIGHT TO KNOW.—Within 12
months after the date of enactment of this subsection and
every 5 years thereafter, each pipeline owner or operator
shall conduct and submit to the Secretary and to the State
or States in which the pipeline segment is located a ‘pipe-
line segment safety assessment’ for each segment under
its operating control. The Secretary shall within 180 days
of enactment of this act, establish and maintain a Na-
tional Pipeline Registry to make the ‘pipeline segment
safety assessments’ available free of charge on the Inter-
net. The ‘pipeline segment safety assessment’ shall in-
clude, but not be limited to, the following elements:
‘‘(1) The business name, address, and telephone
number of the owner and operator, including the
parent company, a 24-hour emergency contact num-
ber that is capable of identifying the material
shipped through a pipeline, and the contact respon-
sible for beginning a pipeline’s emergency shut-down
procedure.
‘‘(2) A description of the pipeline, including
pipeline diameter, the substance or substances car-
ried, maximum allowable operating pressure, con-
struction material, and age.
‘‘(3) A map showing the location of the pipeline
right-of-way, including the results (including location
of significant pipeline anomalies) obtained under in-
spection 
programs 
conducted 
under 
section
60109(c)), identification of any portions of the pipe-
line that could affect environmentally sensitive areas
and high-density population areas.
‘‘(4) Identify primary causes of pipeline failure
for each segment.
‘‘(5) A 5-year pipeline segment incident history,
including any incident involving death, injury, evacu-
ation, environmental contamination, or property
damage, and safety-related condition reports filed by
an operator under section 60102(h) and a report of
a pipeline incident filed by an operator under this
chapter.
‘‘(6) A 5-year pipeline hazard prevention his-
tory, including testing methods and dates, company
inspection and testing results and repair history.
‘‘(7) Pipeline segment spill mitigation tech-
nologies in use, including shut-off valve distances
and leak detection technologies and sensitivities.
‘‘(8) 5-year inspection and enforcement his-
tories.
‘‘(9) Additional identification, safety, or integ-
rity management information as determined by the
Secretary.
‘‘(f) PUBLIC OUTREACH AND TECHNICAL ASSIST-
ANCE.—Not later than 12 months after the date of enact-
ment of this subsection and annually thereafter, the owner
or operator of each gas or hazardous liquid pipeline facility
shall provide to the governing body of each municipality
in which the pipeline facility is located. The Secretary may
provide technical assistance to the pipeline industry on de-
veloping public safety and public education program con-
tent and best practices for program delivery, and on evalu-
ating the effectiveness of the programs. The Secretary
may also provide technical assistance to State and local
officials in applying practices developed in these programs
to their activities.
‘‘(g) PROMOTING PUBLIC AWARENESS FOR NEIGH-
BORS OF PIPELINES.—Not later than 1 year after the date
of enactment of this subsection, and annually thereafter,
the owner or operator of each interstate gas pipeline facil-
ity or interstate hazardous liquid pipeline facility shall no-
tify all residents within 1000 yards, or such other distance
as the Secretary determines appropriate, of the facility
of—
‘‘(1) the general location of the facility;
‘‘(2) a request for reporting of any instances of
excavation or dumping on or near the facility;
‘‘(3) a phone number to use to make such re-
ports; and
‘‘(4) appropriate procedures for such residents
to follow in response to accidents concerning such
interstate pipeline facilities.
‘‘(h) PIPELINE SEGMENT DEFINED.—In this section,
the term ‘pipeline segment’ means a length of pipeline
with homogeneous construction, operational, geographic,
and ownership characteristics.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 601 is amended by striking the item relat-
ing to section 60116 and inserting the following:
‘‘60116. Public education, emergency preparedness, community right to know.’’.
SEC. 8. CIVIL PENALTIES.
(a) CIVIL PENALTIES.—Section 60122 is amended—
(1) by striking ‘‘$25,000’’ in subsection (a)(1)
and inserting ‘‘$500,000’’;
(2) by striking ‘‘$500,000’’ in subsection (a)(1)
and inserting ‘‘$1,000,000’’;
(3) by adding at the end of subsection (a)(1)
the following: ‘‘The preceding sentence does not
apply to a judicial enforcement action under section
60120 or 60121.’’; and
(4) by striking subsection (b) and inserting the
following:
‘‘(b) PENALTY CONSIDERATIONS.—In determining
the amount of a civil penalty under this section—
‘‘(1) the Secretary shall consider—
‘‘(A) the nature, circumstances, and grav-
ity of the violation, including adverse impact on
the environment;
‘‘(B) with respect to the violator, the de-
gree of culpability, any history of prior viola-
tions, the ability to pay, any effect on ability to
continue doing business; and
‘‘(C) good faith in attempting to comply;
and
‘‘(2) the Secretary may consider—
‘‘(A) the economic benefit gained from the
violation without any discount because of subse-
quent damages; and
‘‘(B) other matters that justice requires.’’.
(b) EXCAVATOR
DAMAGE.—Section 60123(d) is
amended—
(1) by striking ‘‘knowingly and willfully’’;
(2) in paragraph (1) by inserting ‘‘knowingly
and willfully’’ before ‘‘engages’’; and
(3) striking paragraph (2)(B) and inserting the
following:
‘‘(B) a pipeline facility, is aware of dam-
age, and does not report the damage promptly
to the operator of the pipeline facility and to
other appropriate authorities; or’’.
(c) CIVIL ACTIONS.—Section 60120(a)(1) is amended
to read as follows:
‘‘(1) On the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in
an appropriate district court of the United States to en-
force this chapter, including section 60112 of this chapter,
or a regulation prescribed or order issued under this chap-
ter. The court may award appropriate relief, including a
temporary or permanent injunction, punitive damages,
and assessment of civil penalties considering the same fac-
tors as prescribed for the Secretary in an administrative
case under section 60122.’’.
(d) CIVIL PENALTY ACTION FOR DISCHARGES.—
(1) IN
GENERAL.—Any person who is the
owner, operator, or person in charge of a hazardous
liquid pipeline facility from which a hazardous liquid
is discharged shall be subject to a civil penalty in an
amount up to $25,000 per day of violation or an
amount up to $1,000 per barrel of oil or other haz-
ardous liquid discharged.
(2) GROSS NEGLIGENCE.—In any case in which
a person is liable under paragraph (1) as the result
of gross negligence or willful misconduct of such per-
son, such person shall be subject to a civil penalty
of not less than $100,000, and not more than
$3,000 per barrel of oil or unit of reportable quan-
tity of other hazardous liquid discharged.
(3) JURISDICTION.—An action to impose a civil
penalty under this subsection may be brought in the
district court of the United States for the district in
which the defendant is located, resides, or is doing
business, and such court shall have jurisdiction to
assess such penalty.
(4) LIMITATION.—A person is not liable for a
civil penalty under this subsection for a discharge if
the person has been assessed a civil penalty under
section 309 or 311(b) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1319; 1321(b)) for the
discharge.
(5) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of a civil penalty under this sub-
section, the Secretary of Transportation or the
court, as the case may be, shall consider the serious-
ness of the violation or violations, the economic ben-
efit to the violator, if any, resulting from the viola-
tion, the degree of culpability involved, any other
penalty for the same incident, any history of prior
violations, the nature, extent, and degree of success
of any efforts of the violator to minimize or mitigate
the effects of the discharge, the economic impact of
the penalty on the violator, and any other matters
as justice may require.
(6) DEFINITIONS.—In this section, the terms
‘‘hazardous liquid’’ and ‘‘hazardous liquid pipeline
facility’’ have the meaning such terms have under
section 60101 of title 49, United States Code, and
the term ‘‘oil’’ has the meaning such term has under
section 311(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(a)).
SEC. 9. ENHANCED STATE OVERSIGHT.
(a) STATE AGREEMENTS WITH CERTIFICATION.—
Section 60106 is amended—
(1) by striking ‘‘GENERAL AUTHORITY.—’’ in
subsection (a) and inserting ‘‘AGREEMENTS 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, the Secretary may
make an agreement with a State authority author-
izing it to participate in the activities of interstate
pipeline transportation in compliance with Federal
guidelines and standards. An agreement shall in-
clude a plan for the State authority to participate in
additional inspections and special investigations of
incidences involving violations of this title or new
construction.
‘‘(2) 
ADDITIONAL
STATE
AUTHORITY.—An
agreement under paragraph (1) may also include a
program allowing for participation by the State au-
thority in other activities involving interstate pipe-
line transportation that are consistent with the Sec-
retary’s program and address issues of local concern
or allowing the State authority to assume additional
inspection or investigatory duties if the Secretary de-
termines that—
‘‘(A) there are no significant gaps in the
regulatory jurisdiction of the State authority
over intrastate pipeline transportation;
‘‘(B) implementation of the agreement will
not adversely affect the oversight of intrastate
pipeline transportation by the State authority;
‘‘(C) the program allowing participation of
the State authority is consistent with the Sec-
retary’s program for inspection;
‘‘(D) the State promotes preparedness and
prevention activities that enable communities to
live safely with pipelines; and
‘‘(E) the State meets the minimum stand-
ards for State one-call notification set forth in
chapter 61.
‘‘(3) EXISTING AGREEMENTS.—Except as pro-
vided in subsection (e), an agreement between the
Secretary and a State authority that is in effect on
the date of enactment of this paragraph shall remain
in effect until the Secretary determines that the
State meets the requirements for a determination
under paragraph (2).’’.
(b) ENDING AGREEMENTS.—Section 60106(e), as re-
designated by subsection (a) 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
the oversight of interstate pipeline transportation if
the Secretary finds that—
‘‘(A) implementation of such agreement
has resulted in a gap in the oversight respon-
sibilities of intrastate pipeline transportation by
the State authority;
‘‘(B) the State actions under the agree-
ment have failed to meet the requirements
under subsection (b); or
‘‘(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation is not promoting pipeline safety.
‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec-
retary shall give notice and an opportunity for a
hearing to a State authority before ending an agree-
ment under this section. The Secretary may provide
a State an opportunity to correct any deficiencies be-
fore ending an agreement. The finding and decision
to end the agreement shall be published in the Fed-
eral Register and may not become effective for at
least 15 days after the date of publication, unless
the Secretary finds that continuation of an agree-
ment poses an imminent hazard.’’.
(c) CONTINUATION OF INTERSTATE AGENT AGREE-
MENT AUTHORITY.—
(1) IN GENERAL.—If an agreement was in ef-
fect in 1999 between the Secretary of Transpor-
tation or one of its agencies and a State to permit
that State to oversee interstate pipeline transpor-
tation, the Secretary shall continue to permit that
State to carry out activities under the agreement, in-
cluding inspection responsibilities and other actions
to ensure compliance with Federal pipeline safety
regulations.
(2) 
TERMINATION.—Notwithstanding 
para-
graph (1), the Secretary may terminate an agree-
ment described in that paragraph if—
(A) the State wishes to withdraw from the
agreement;
(B) implementation of the agreement has
resulted in gaps in the oversight responsibilities
of intrastate pipeline transportation by the
State; or
(C) the State’s oversight actions under the
agreement have had an adverse impact on pipe-
line safety or impeded interstate commerce.
(3) PROCEDURAL REQUIREMENTS FOR TERMI-
NATION.—Before terminating an agreement de-
scribed in paragraph (1), the Secretary shall give
notice and an opportunity for a hearing to the State,
and provide an opportunity for the State to correct
any deficiencies. The Secretary shall publish the de-
cision to terminate such an agreement and the rea-
sons therefore in the Federal Register not less than
15 days before the termination is effective, unless
the Secretary finds that continuation of an agree-
ment poses an imminent hazard.
SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.
(a) PLAN.—Within 12 months after the date of en-
actment of this Act, the Secretary of Transportation shall
develop and implement a comprehensive plan for the col-
lection and use of gas and hazardous liquid pipeline data
to revise the causal categories on the accident report forms
to eliminate overlapping and confusing categories and in-
clude subcategories. The plan shall include components to
provide the capability to perform sound accident trend
analysis and evaluations of pipeline operator performance
using normalized accident data.
(b) REPORT
OF RELEASES EXCEEDING 5 GAL-
LONS.—Section 60117(b) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘To’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(3) by inserting before the last sentence the fol-
lowing:
‘‘(2) A person owning or operating a hazardous liquid
pipeline facility shall report to the Secretary each release
to the environment greater than 5 gallons of the haz-
ardous liquid or carbon dioxide. This paragraph applies
to releases from pipeline facilities regulated under this
chapter and from rural gathering lines not regulated
under this chapter. A report must include the location of
the release, fatalities and personal injuries, type of prod-
uct, amount of product release, causes of the release, ex-
tent of damage to property and the environment, and the
response undertaken to clean up the release.
‘‘(3) During the course of an incident investigation,
a person owning or operating a pipeline facility shall make
records, reports, and information required under para-
graph (1) or other reasonably described records, reports,
and information relevant to the incident investigation
available to the Secretary within the time limits prescribed
in a written request.’’; and
(4) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(4) The Secretary’’.
SEC. 11. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVEL-
OPMENT.
(a) IN GENERAL.—As part of the Department’s re-
search and development program, the Secretary of Trans-
portation shall direct research attention to the develop-
ment of alternative technologies—
(1) to expand the defect detection capabilities of
internal inspection devices;
(2) to inspect pipelines that cannot accommo-
date internal inspection devices available on the date
of enactment;
(3) to develop innovative techniques measuring
the structural integrity of pipelines;
(4) to expand the capability, reliability, and
practicality of external leak detection devices; and
(5) to develop and study the effectiveness of
double-walled pipelines for the purposes of pre-
venting ruptures and leaks, containing releases, and
improving leak detection capabilities.
(b) COOPERATIVE.—The Secretary may participate
in additional technological development through coopera-
tive agreements with trade associations, academic institu-
tions, or other qualified organizations.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) 
GAS
AND
HAZARDOUS
LIQUID.—Section
60125(a) is amended to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out
this chapter and other pipeline-related damage prevention
activities of this title (except for section 60107), there are
authorized to be appropriated to the Department of
Transportation—
‘‘(1) $26,000,000 for fiscal year 2001, of which
$20,000,000 is to be derived from user fees for fis-
cal year 2001 collected under section 60301 of this
title; and
‘‘(2) $30,000,000 for each of the fiscal years
2002 and 2003 of which $23,000,000 is to be de-
rived from user fees for fiscal year 2002 and fiscal
year 2003 collected under section 60301 of this
title.’’.
(b) STATE GRANTS.—Section 60125(c) is amended
to read as follows:
‘‘(c) STATE GRANTS.—Not more than the following
amounts may be appropriated to the Secretary to carry
out section 60107—
‘‘(1) $17,000,000 for fiscal year 2001, of which
$15,000,000 is to be derived from user fees for fis-
cal year 2002 collected under section 60301 of this
title; and
‘‘(2) $20,000,000 for the fiscal years 2002 and
2003 of which $18,000,000 is to be derived from
user fees for fiscal year 2002 and fiscal year 2003
collected under section 60301 of this title.’’.
(c) OIL SPILL LIABILITY TRUST FUND.—Sections
60525 is amended by redesignating subsections (d), (e),
and (f) as subsections (e), (f), and (g), respectively, and
by inserting after subsection (c) the following:
‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of the
amounts available in the Oil Spill Liability Trust Fund,
$8,000,000 shall be transferred to carry out programs au-
thorized in this Act for fiscal year 2001, fiscal year 2002,
and fiscal year 2003.’’.
SEC. 13. STUDY OF RIGHTS-OF-WAY.
The Secretary of Transportation is authorized to con-
duct a study on how best to preserve environmental re-
sources in conjunction with maintaining pipeline rights-
of-way. The study shall recognize pipeline operators’ regu-
latory obligations to maintain rights-of-way and to protect
public safety.
SEC. 14. REGIONAL ADVISORY COUNCIL PILOT PROGRAM.
(a) ESTABLISHMENT.—
(1) STATE
DESIGNATION.—Within 120 days
after the date of enactment of this Act, the Sec-
retary of Transportation shall designate 1 or more
States the Governor of each of which may establish
a Regional Advisory Council in accordance with this
section.
(2) STATE
SELECTION
CRITERIA.—The Sec-
retary shall make the designation of a State to par-
ticipate in the pilot program under this section
based on the following criteria:
(A) The State experienced an accident in-
volving a hazardous liquid pipeline during which
1 or more persons were killed or involving a dis-
charge of more than 100,000 gallons of haz-
ardous liquid into the environment in the 24-
month period ending on the date of enactment
of this Act.
(B) The Governor of the State requests the
designation.
(C) The legislative body of the State has
passed legislation indicating its desire to involve
the State in hazardous liquid pipeline regulation
or oversight in such 24-month period.
(b) PURPOSE.—Each Regional Advisory Council
under this section shall be responsible for safety and envi-
ronmental oversight of hazardous liquid pipeline facilities
that may impact the State in which the Regional Advisory
Council does business.
(c) SUITS BARRED.—No Regional Advisory Council
created by this section may sue any person or entity, pub-
lic or private, concerning any matter arising under this
section except for the performance of contracts.
(d) MEMBERSHIP.—Each Council shall be composed
of voting members and nonvoting members, as follows:
(1) VOTING
MEMBERS.—Each Council shall
have 11 voting members who shall be residents of
the State wherein the Council will do business with
representatives appointed by the Governor of the
State participating in the pilot program to represent
as appropriate the following interests, taking into
consideration the need for regional balance on the
Council:
(A) Emergency responders, with jurisdic-
tion over public safety or environmental protec-
tion.
(B) To the extent practicable, fish and
wildlife organizations the members of which de-
pend on fisheries and wildlife resources at risk,
directly or indirectly, from pipeline ruptures
and spills.
(C) Environmental organizations.
(D) At least 2 representatives selected by
1 or more statewide associations of local gov-
ernments.
(E) Native American tribes.
(F) Pipeline right-of-way property owners,
except that a member appointed under this sub-
paragraph may not be a representative of any
other category under this paragraph.
(G) The general public, except that a mem-
ber appointed under this subparagraph may not
be a representative of any other category under
this paragraph.
(2) NONVOTING MEMBERS.—1 ex-officio, non-
voting representative shall be designated by, and
represent, each of the following:
(A) The Environmental Protection Agency.
(B) Each State agency with jurisdiction
over pipeline safety and environmental protec-
tion.
(C) The State fire marshal or other State
official with similar duties in States where there
is no State fire marshal.
(D) The State agency with jurisdiction
over pipeline spill response.
(E) The pipeline industry.
(e) TERMS.—
(1) DURATION OF COUNCILS.—The term of the
Councils shall continue throughout the life of the op-
eration of the pipeline facilities that each Council
oversees.
(2) 3 YEARS.—The voting members of each
Council shall serve for a term of 3 years.
(f) SELF-GOVERNING.—Each Council shall elect its
own chairperson, select its own staff, and make policies
with regard to its internal operating procedures.
(g) DUTIES.—Each Council shall—
(1) provide advice and recommendations to the
Secretary of Transportation and the Governor on
policies, permits, and regulations relating to the op-
eration and maintenance of hazardous liquid pipeline
facilities which affect or may affect that State’s en-
vironment;
(2) monitor the environmental impacts of the
operation of hazardous liquid pipeline facilities;
(3) review the adequacy of the integrity man-
agement plan developed by each hazardous liquid
pipeline operator;
(4) review the adequacy of hazardous liquid
pipeline spill prevention and contingency plans for
hazardous liquid pipeline facilities;
(5) review and comment on proposals for new
hazardous liquid pipeline facilities, including issues
of public need, safety, and environmental impact;
(6) periodically review the respective hazardous
liquid pipeline spill prevention and contingency
plans, in light of new technological developments and
changed circumstances;
(7) monitor developments in pipeline spill pre-
vention, leak detection, pipeline inspection, operator
training, spill containment, response, and cleanup
technology;
(8) ensure that each meeting of the Council is
open to the public;
(9) maintain minutes of each meeting;
(10) make its recommendations available upon
request to other interested persons; and
(11) recommend to the Secretary, Governor,
and, where appropriate, the operator—
(A) standards and stipulations for permits
intended to minimize the impact of hazardous
liquid pipeline facilities which could impact the
State wherein the Council does business;
(B) modifications of hazardous liquid pipe-
line facility operations and maintenance in-
tended to minimize the risk and mitigate the
impact of hazardous liquid pipeline facility op-
erations and to minimize the risk of hazardous
liquid pipeline spills;
(C) modifications of operators’ and integ-
rity management plans;
(D) modifications of the hazardous liquid
pipeline spill prevention and contingency plans
for such pipeline facilities intended to enhance
the ability to prevent and respond to such a
spill; and
(E) standards, statutes, and regulations to
improve hazardous liquid pipeline safety, spill
response, emergency preparedness, and efforts
to help the public live safely with pipelines.
(h) NO ESTOPPEL.—No Council shall be held liable
under State or Federal law for costs or damages as a re-
sult of rendering advice under this section, nor shall any
advice given by a voting member of a Council, or program
representative or agent, be grounds for estopping the in-
terests represented by the voting Council members from
seeking damages or other appropriate relief.
(i) AGENCY COOPERATION.—On and after establish-
ment of a Council by the Governor pursuant to this sec-
tion, each Federal department, agency, or other instru-
mentality shall, with respect to all permits, site-specific
regulations, and other matters governing the activities and
actions of the pipeline facilities, consult with the appro-
priate Council prior to taking substantive action with re-
spect to the permit, site-specific regulation, or other mat-
ter. This consultation shall be carried out with a view to
enabling the appropriate Council to review the permit,
site-specific regulation, or other matters and make appro-
priate recommendations regarding operations, policy or
agency actions. Prior consultation shall not be required
if an authorized Federal agency representative reasonably
believes that an emergency exists requiring action without
delay.
(j) RECOMMENDATIONS OF THE COUNCIL.—In the
event that the Secretary, Governor, or operator does not
adopt, or significantly modifies before adoption, any rec-
ommendation of the Council made pursuant to the author-
ity granted to the Council in subsection (i), the Secretary,
Governor or operator shall provide to the Council, in writ-
ing, within 5 days of its decision, notice of its decision
and a written statement of reasons for its rejection or sig-
nificant modification of the recommendation.
(k) FUNDING.—Each Regional Advisory Council shall
be funded by the Secretary from the Oil Spill Liability
Trust Fund. Such amount—
(1) shall be at least $750,000 and sufficient to
fund the Council’s work and, after the Council’s ini-
tial year of operations, shall be based on a budget
and work plan developed by the Council and ap-
proved by the Governor; and
(2) may be adjusted periodically upon the con-
sent of the Governor, the Secretary, and the Council.
(l) REPORTS.—Prior to the expiration of the 36-
month period following the date of enactment of this sec-
tion, each Council established pursuant to this section
shall report to the President and Congress concerning its
activities under this section, together with its rec-
ommendations.
(m) TERMINATION.—The Secretary, with the concur-
rence of the Governor of the State in which the Regional
Advisory Council is operating, may terminate the Council
after the last day of the 36-month beginning on the date
of the establishment of the Council.
(n) SAVINGS CLAUSE.—Nothing in this section shall
be construed as modifying, repealing, superseding, or pre-
empting any municipal, State or Federal law or regula-
tion, or in any way affecting litigation arising from pipe-
line spills or the rights and responsibilities of the United
States or any State, or municipalities thereof, to preserve
and protect the environment through regulation of land,
air, and water uses, of safety, and of related development.
SEC. 15. WHISTLEBLOWER PROTECTION.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing at the end the following:
‘‘§ 60129. Whistleblower protection
‘‘(a) DISCRIMINATION AGAINST EMPLOYEES.—
‘‘(1) IN
GENERAL.—No employer, may dis-
charge any employee or otherwise discriminate
against any employee with respect to his or her com-
pensation, terms, conditions, or privileges of employ-
ment because the employee (or any person acting
pursuant to a request of the employee)—
‘‘(A) notified or is about to notify the
United States Government or the employer of
the employee of an alleged violation of this
chapter, or any State or Federal statute, indus-
try code, or compliance requirement addressing
pipeline safety or environmental protection, or
both;
‘‘(B) refused to engage in any practice
made unlawful by this chapter or any State or
Federal statute, industry code, or compliance
requirement addressing pipeline safety or envi-
ronmental protection, if the employee has iden-
tified the alleged illegality to the employer;
‘‘(C) testified before Congress or at any
Federal or State proceeding regarding any pro-
vision (or proposed provision) of this chapter or
any State or Federal statute, industry code, or
compliance requirement addressing pipeline
safety or environmental protection;
‘‘(D) commenced, caused to be commenced,
or is about to commence or cause to be com-
menced a proceeding under this chapter or any
State or Federal statute, industry code, or com-
pliance requirement addressing pipeline safety
or environmental protection, or a proceeding of
the administration or enforcement of any re-
quirement imposed under this chapter;
‘‘(E) testified or is about to testify in any
such proceeding; or
‘‘(F) assisted or participated or is about to
assist or participate in any manner in such a
proceeding or in any other manner in such a
proceeding or in any other action to carry out
the purposes of this chapter.
‘‘(2) EMPLOYER DEFINED.—In this section, the
term ‘employer’ includes—
‘‘(A) any licensee, owner, operator, or des-
ignated agent of a pipeline facility;
‘‘(B) an applicant for a license to operate
a pipeline facility from any State or local gov-
ernment;
‘‘(C) a contractor or subcontractor of such
a licensee or applicant, owner, operator or des-
ignated agent; and
‘‘(D) a contractor or subcontractor of the
Office of Pipeline Safety.
‘‘(b) TIME PERIOD FOR FILING COMPLAINT.—Any
employee of an employer who believes that he or she has
been discharged or otherwise discriminated against by any
person in violation of subsection (a) may, within 180 days
after the date on which such violation occurs, file (or have
any person file on his behalf) a complaint with the Sec-
retary of Labor alleging such discharge or discrimination.
Upon receipt of such a complaint, the Secretary shall no-
tify, in writing, of the filing of the complaint the person
named in the complaint of the filing of the complaint, the
Secretary of Transportation, and a designated State offi-
cial responsible for pipeline safety of each State through
which the pipeline operated.
‘‘(c) INVESTIGATION AND INTERIM RELIEF.—
‘‘(1) IN
GENERAL.—Upon receipt of a com-
plaint filed under subsection (b), the Secretary of
Labor shall conduct an investigation of the violation
alleged in the complaint. Within 30 days of the re-
ceipt of such complaint, the Secretary of Labor shall
complete such investigation and shall notify in writ-
ing the complainant (and any person acting in be-
half of the complainant) and the person alleged to
have committed such violation of the results of the
investigation conducted pursuant to this paragraph.
Within 90 days of the receipt of such complaint the
Secretary of Labor shall, unless the proceeding on
the complaint is terminated by the Secretary of
Labor on the basis of a settlement entered into by
the Secretary of Labor and the person alleged to
have committed such violation, issue an order either
providing the relief prescribed by paragraph (3) or
denying the complaint.
‘‘(2) PROCEDURE.—An order of the Secretary
of Labor shall be made on the record after notice
and opportunity for public hearing. Upon the conclu-
sion of such hearing and the issuance of a rec-
ommended decision that the complaint has merit,
the Secretary of Labor shall issue a preliminary
order providing the relief prescribed in paragraph
(3), but may not order compensatory damages pend-
ing a final order. The Secretary of Labor may not
enter into a settlement terminating a proceeding on
a complaint without the participation and consent of
the complainant.
‘‘(3) CONTENTS OF ORDER.—If, in response to
a complaint filed under subsection (b), the Secretary
of Labor determines that a violation of subsection
(a) has occurred, the Secretary of Labor shall order
the person who committed such violation, to (A)
take affirmative action to abate the violation, and
(B) reinstate the complainant to his or her former
position together with the compensation (including
back pay), terms, conditions, and privileges of his
or her employment, and the Secretary of Labor may
order such person to provide compensatory damages
to the complainant. If an order issued under this
paragraph, the Secretary of Labor, at the request
of the complainant shall assess against the person
against whom the order is issued a sum equal to
the aggregate amount of all costs and expenses (in-
cluding attorney and expert witness fees) reasonably
incurred or advanced, without regard to whether the
complainant has actually paid the fees and expenses,
as determined by the Secretary of Labor, by the
complainant for, or in connection with, the bringing
of the complaint upon which the order was issued.
‘‘(4) 
AVOIDANCE
OF
FRIVOLOUS
COM-
PLAINTS.—
‘‘(A) PRIMA
FACIE
SHOWING.—The Sec-
retary shall dismiss a complaint filed under
subsection (b), and shall not conduct the inves-
tigation required under paragraph (1), unless
the complainant has made a prima facie show-
ing that any behavior described in subpara-
graphs (A) through (F) of subsection (a)(1)
was a contributing factor in the unfavorable
personnel action or adverse action alleged in the
complaint, or both.
‘‘(B) EMPLOYEE
PROTECTION.—Notwith-
standing a finding by the Secretary that the
complainant has made the showing required by
subparagraph (A), no investigation required
under paragraph (1) and no relief may be or-
dered under paragraph (3) shall be conducted if
the employer demonstrates, by clear and con-
vincing evidence, that it would have taken the
same unfavorable personnel action in the ab-
sence of such behavior.
‘‘(5) STANDARD.—The Secretary of Labor may
determine that a violation of subsection (a) has oc-
curred only if the complainant has demonstrated
that any behavior described in subparagraphs (A)
through (F) of subsection (a)(1) was a contributing
factor in the unfavorable personnel action or adverse
action alleged in the complaint.
‘‘(d) REVIEW.—
‘‘(1) IN GENERAL.—Any person adversely af-
fected or aggrieved by an order issued under sub-
section (c) may obtain review of the order in the
United States court of appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred. The petition for re-
view must be filed within 60 days from the issuance
of the final order of the Secretary of Labor. Review
shall conform to chapter 7 of title 5 of the United
States Code. The commencement of proceedings
under this subparagraph shall not, unless ordered by
the court, operate as a stay of the Secretary of La-
bor’s order.
‘‘(2) LIMITATION ON COLLATERAL ATTACK.—
An order of the Secretary of Labor with respect to
which review could have been obtained under para-
graph (1) shall not be subject to judicial review in
any criminal or other civil proceeding.
‘‘(e) ENFORCEMENT OF ORDER BY SECRETARY OF
LABOR.—Whenever a person has failed to comply with an
order issued under subsection (c)(3), the Secretary of
Labor may file a civil action in the United States district
court for the district in which the violation was found to
occur to enforce such order. In actions brought under this
subsection, the district courts shall have jurisdiction to
grant all appropriate relief including, but not limited to,
injunctive relief, compensatory and exemplary damages.
‘‘(f) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(1) COMMENCEMENT OF ACTION.—Any person
on whose behalf an order was issued under sub-
section (c) may commence a civil action against the
person to whom such order was issued to require
compliance with such order. The appropriate United
States district court shall have jurisdiction, without
regard to the amount in controversy or the citizen-
ship of the parties, to enforce such order.
‘‘(2) COSTS
OF
LITIGATION.—The court, in
issuing any final order under this subsection, may
award costs of litigation (including reasonable attor-
ney and expert witness fees) to any party whenever
the court determines such award is appropriate.
‘‘(g) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361, title 28, United
States Code.
‘‘(h) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to any
employee who, acting without direction from his or her
employer (or the employer’s agent), deliberately causes a
violation of any requirement of this chapter.
‘‘(i) NONPREEMPTION.—This section may not be con-
strued to expand, diminish, or otherwise affect any right
otherwise available to an employee under Federal or State
law to redress the employee’s discharge or other discrimi-
natory action taken by the employer against the employee.
‘‘(j) POSTING REQUIREMENT.—The provisions of the
section shall be prominently posted in any place of employ-
ment to which this section applies.
‘‘(k) DUTY OF THE SECRETARY TO INVESTIGATE
SUBSTANTIVE ALLEGATIONS.—
‘‘(1) IN
GENERAL.—The Secretary shall not
delay taking appropriate action with respect to an
allegation of a substantial safety hazard on the basis
of—
‘‘(A) the filing of a complaint under sub-
section (b) arising from such allegation; or
‘‘(B) any investigation by the Secretary of
Labor, or other action, under this section in re-
spect to such complaint.
‘‘(2) EFFECT
OF
SECRETARIAL
DETERMINA-
TION.—A determination by the Secretary of Labor
under this section that a violation of subsection (a)
has not occurred shall not be considered by the Sec-
retary of Transportation in the Secretary’s deter-
mination of whether a substantial safety hazard ex-
ists.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘601. Whistleblower protection.’’.
Æ