H. R. 3609
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend title 49, United States Code, to enhance the security and safety of
pipelines.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES
CODE.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pipeline Safety
Improvement Act of 2002’’.
(b) AMENDMENT OF TITLE 49, UNITED STATES CODE.—Except
as otherwise expressly provided, whenever in this Act an amend-
ment 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. ONE-CALL NOTIFICATION PROGRAMS.
(a) MINIMUM STANDARDS.—Section 6103 is amended—
(1) in subsection (a)—
(A) in paragraph (1) by inserting ‘‘, including all govern-
ment operators’’ before the semicolon at the end; and
(B) in paragraph (2) by inserting ‘‘, including all govern-
ment and contract excavators’’ before the semicolon at the
end; and
(2) in subsection (c) by striking ‘‘provide for’’ and inserting
‘‘provide for and document’’.
(b) COMPLIANCE WITH MINIMUM STANDARDS.—Section 6104(d)
is amended by striking ‘‘Within 3 years after the date of the enact-
ment of this chapter, the Secretary shall begin to’’ and inserting
‘‘The Secretary shall’’.
(c) IMPLEMENTATION OF BEST PRACTICES GUIDELINES.—
(1) IN GENERAL.—Section 6105 is amended to read as fol-
lows:
‘‘§ 6105. Implementation of best practices guidelines
‘‘(a) ADOPTION OF BEST PRACTICES.—The Secretary of Transpor-
tation shall encourage States, operators of one-call notification pro-
grams, excavators (including all government and contract exca-
vators), and underground facility operators to adopt and implement
practices identified in the best practices report entitled ‘Common
Ground’, as periodically updated.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to and participate in programs sponsored by a
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non-profit organization specifically established for the purpose of
reducing construction-related damage to underground facilities.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants to a
non-profit organization described in subsection (b).
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
amounts authorized under section 6107, there is authorized
to be appropriated for making grants under this subsection
$500,000 for each of fiscal years 2003 through 2006. Such
sums shall remain available until expended.
‘‘(3) GENERAL REVENUE FUNDING.—Any sums appropriated
under this subsection shall be derived from general revenues
and may not be derived from amounts collected under section
60301.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
61 is amended by striking the item relating to section 6105
and inserting the following:
‘‘6105. Implementation of best practices guidelines.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) FOR GRANTS FOR STATES.—Section 6107(a) is amended
by striking ‘‘$1,000,000 for fiscal year 2000’’ and all that follows
before the period at the end of the first sentence and inserting
‘‘$1,000,000 for each of fiscal years 2003 through 2006’’.
(2) FOR ADMINISTRATION.—Section 6107(b) is amended by
striking ‘‘for fiscal years 1999, 2000, and 2001’’ and inserting
‘‘for fiscal years 2003 through 2006’’.
SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS.
(a) LIMITATION ON PREEMPTION.—Section 60104(c) is amended
by adding at the end the following: ‘‘Notwithstanding the preceding
sentence, a State authority may enforce a requirement of a one-
call notification program of the State if the program meets the
requirements for one-call notification programs under this chapter
or chapter 61.’’.
(b) MINIMUM REQUIREMENTS.—Section 60114(a)(2) is amended
by inserting ‘‘, including a government employee or contractor,’’
after ‘‘person’’.
(c) CRIMINAL PENALTIES.—Section 60123(d) is amended—
(1) in the matter preceding paragraph (1) by striking
‘‘knowingly and willfully’’;
(2) in paragraph (1) by inserting ‘‘knowingly and willfully’’
before ‘‘engages’’;
(3) by striking paragraph (2)(B) and inserting the following:
‘‘(B) a pipeline facility, and knows or has reason to
know of the damage, but does not report the damage
promptly to the operator of the pipeline facility and to
other appropriate authorities; or’’; and
(4) by adding after paragraph (2) the following:
‘‘Penalties under this subsection may be reduced in the case of
a violation that is promptly reported by the violator.’’.
SEC. 4. STATE OVERSIGHT ROLE.
(a) STATE AGREEMENTS WITH CERTIFICATION.—Section 60106
is amended—
(1) in subsection (a) by striking ‘‘GENERAL AUTHORITY.—
’’ and inserting ‘‘AGREEMENTS WITHOUT CERTIFICATION.—’’;
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(2) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following:
‘‘(b) AGREEMENTS WITH CERTIFICATION.—
‘‘(1) IN GENERAL.—If the Secretary accepts a certification
under section 60105 and makes the determination required
under this subsection, the Secretary may make an agreement
with a State authority 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 incidents or new construction
and allow the State authority 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 for interstate pipeline facili-
ties prescribed under this chapter to a State authority.
‘‘(2) DETERMINATIONS REQUIRED.—The Secretary may not
enter into an agreement under this subsection, unless the Sec-
retary determines in writing that—
‘‘(A) the agreement allowing participation of the State
authority is consistent with the Secretary’s program for
inspection and consistent with the safety policies and provi-
sions provided under this chapter;
‘‘(B) the interstate participation agreement would not
adversely affect the oversight responsibilities 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 standards for State
one-call notification set forth in chapter 61; and
‘‘(E) the actions planned under the agreement 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 interstate 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 December 31, 2003, whichever is
sooner. Nothing in this paragraph shall prevent the Secretary,
after affording the State notice, hearing, and an opportunity
to correct any alleged deficiencies, from terminating an agree-
ment that was in effect before enactment of the Pipeline Safety
Improvement Act of 2002 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 responsibilities 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 section 60106 (as
redesignated by subsection (a)(2) of this section) is amended to
read as follows:
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‘‘(e) ENDING AGREEMENTS.—
‘‘(1) PERMISSIVE TERMINATION.—The Secretary may end an
agreement under this section when the Secretary finds that
the State authority has not complied with any provision of
the agreement.
‘‘(2) MANDATORY TERMINATION OF AGREEMENT.—The Sec-
retary shall end an agreement for the oversight of interstate
pipeline transportation if the Secretary finds that—
‘‘(A) implementation of such agreement has resulted
in a gap in the oversight responsibilities of intrastate pipe-
line transportation by the State authority;
‘‘(B) the State actions under the agreement have failed
to meet the requirements under subsection (b); or
‘‘(C) continued participation by the State authority in
the oversight of interstate pipeline transportation would
not promote pipeline safety.
‘‘(3) PROCEDURAL REQUIREMENTS.—The Secretary shall give
notice and an opportunity for a hearing to a State authority
before ending an agreement under this section. The Secretary
may provide a State an opportunity to correct any deficiencies
before ending an agreement. The finding and decision to end
the agreement shall be published in the Federal Register and
may not become effective for at least 15 days after the date
of publication unless the Secretary finds that continuation of
an agreement poses an imminent hazard.’’.
(c) SECRETARY’S RESPONSE TO STATE NOTICES OF VIOLATIONS.—
Subsection (c) of section 60106 (as redesignated by subsection (a)(2)
of this section) is amended—
(1) by striking ‘‘Each agreement’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Each agreement’’;
(2) by adding at the end the following:
‘‘(2) RESPONSE BY SECRETARY.—If a State authority 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 expla-
nation 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 sub-
section).
SEC. 5. PUBLIC EDUCATION PROGRAMS.
Section 60116 is amended to read as follows:
‘‘§ 60116. Public education programs
‘‘(a) IN GENERAL.—Each owner or operator of a gas or hazardous
liquid pipeline facility shall carry out a continuing program to
educate the public on the use of a one-call notification system
prior to excavation and other damage prevention activities, the
possible hazards associated with unintended releases from the pipe-
line facility, the physical indications that such a release may have
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occurred, what steps should be taken for public safety in the event
of a pipeline release, and how to report such an event.
‘‘(b) MODIFICATION
OF EXISTING PROGRAMS.—Not later than
12 months after the date of enactment of the Pipeline Safety
Improvement Act of 2002, 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 program shall include activities to advise
affected municipalities, school districts, businesses, and residents
of pipeline facility locations. The completed program shall be sub-
mitted to the Secretary or, in the case of an intrastate pipeline
facility operator, the appropriate State agency, and shall be periodi-
cally reviewed by the Secretary or, in the case of an intrastate
pipeline facility operator, the appropriate State agency.
‘‘(c) STANDARDS.—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.’’.
SEC. 6. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION.
(a) IN GENERAL.—Chapter 601 is amended by adding at the
end the following:
‘‘§ 60129. Protection of employees providing pipeline safety
information
‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—
‘‘(1) IN
GENERAL.—No employer may discharge any
employee or otherwise discriminate against any employee with
respect to his compensation, terms, conditions, or privileges
of employment because the employee (or any person acting
pursuant to a request of the employee)—
‘‘(A) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to any violation
or alleged violation of any order, regulation, or standard
under this chapter or any other Federal law relating to
pipeline safety;
‘‘(B) refused to engage in any practice made unlawful
by this chapter or any other Federal law relating to pipeline
safety, if the employee has identified the alleged illegality
to the employer;
‘‘(C) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress
or at any Federal or State proceeding regarding any provi-
sion (or proposed provision) of this chapter or any other
Federal law relating to pipeline safety;
‘‘(D) commenced, caused to be commenced, or is about
to commence or cause to be commenced a proceeding under
this chapter or any other Federal law relating to pipeline
safety, or a proceeding for the administration or enforce-
ment of any requirement imposed under this chapter or
any other Federal law relating to pipeline safety;
‘‘(E) provided, caused to be provided, or is about to
provide or cause to be provided, testimony in any pro-
ceeding described in subparagraph (D); or
‘‘(F) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any
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other manner in such a proceeding or in any other action
to carry out the purposes of this chapter or any other
Federal law relating to pipeline safety.
‘‘(2) EMPLOYER
DEFINED.—In this section, the term
‘employer’ means—
‘‘(A) a person owning or operating a pipeline facility;
or
‘‘(B) a contractor or subcontractor of such a person.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may, not
later than 180 days after the date on which such violation
occurs, file (or have any person file on his or her behalf)
a complaint with the Secretary of Labor alleging such discharge
or discrimination. Upon receipt of such a complaint, the Sec-
retary of Labor shall notify, in writing, the person or persons
named in the complaint and the Secretary of Transportation
of the filing of the complaint, of the allegations contained in
the complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be afforded to
such person or persons under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of receipt of a complaint filed under paragraph (1)
and after affording the person or persons named in the
complaint an opportunity to submit to the Secretary of
Labor a written response to the complaint and an oppor-
tunity to meet with a representative of the Secretary of
Labor to present statements from witnesses, the Secretary
of Labor shall conduct an investigation and determine
whether there is reasonable cause to believe that the com-
plaint has merit and notify in writing the complainant
and the person or persons alleged to have committed a
violation of subsection (a) of the Secretary of Labor’s
findings. If the Secretary of Labor concludes that there
is reasonable cause to believe that a violation of subsection
(a) has occurred, the Secretary of Labor shall include with
the Secretary of Labor’s findings with a preliminary order
providing the relief prescribed by paragraph (3)(B). Not
later than 60 days after the date of notification of findings
under this subparagraph, any person alleged to have com-
mitted a violation or the complainant may file objections
to the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections shall
not operate to stay any reinstatement remedy contained
in the preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 60-
day period, the preliminary order shall be deemed a final
order that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED
SHOWING
BY
COMPLAINANT.—The
Secretary of Labor shall dismiss a complaint filed
under this subsection and shall not conduct an inves-
tigation otherwise required under subparagraph (A)
unless the complainant makes a prima facie showing
that any behavior described in subsection (a) was a