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107TH CONGRESS
1ST SESSION
H. R. 459
To provide for enhanced safety, public awareness, and environmental
protection in pipeline transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2001
Mr. LARSEN of Washington (for himself, Mr. INSLEE, Mr. DICKS, Mr.
PALLONE, Mr. MCDERMOTT, Mr. BAIRD, and Mr. SMITH of Washington)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction 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.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Pipeline Safety Enhancement Act of 2001’’.
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(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.—Except as otherwise required by
this Act, the Secretary of Transportation shall implement
the safety improvement recommendations provided in the
Department of Transportation Inspector General’s Report
(RT–2000–069).
(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 of the Department of Transportation
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shall periodically transmit to the Committees referred to
in subsection (b) a report assessing the Secretary’s
progress in implementing the recommendations referred to
in subsection (a) and identifying options for the Secretary
to consider in accelerating the implementation of the rec-
ommendations.
SEC. 3. NTSB SAFETY RECOMMENDATIONS.
(a) IN GENERAL.—The Secretary of Transportation,
the Administrator of the Research and Special Programs
Administration of the Department of Transportation, and
the Associate Administrator for Pipeline Safety of the Re-
search and Special Programs Administration shall fully
comply with section 1135 of title 49, United States Code,
to ensure timely responsiveness to recommendations that
are made about pipeline safety by the National Transpor-
tation Safety Board.
(b) PUBLIC AVAILABILITY.—Subsection (c) of section
1135 of title 49, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c) PUBLIC AVAIL-
ABILITY.—’’; and
(2) by adding at the end the following:
‘‘(2) The Secretary, the Administrator of the Re-
search and Special Programs Administration of the De-
partment of Transportation, or the Associate Adminis-
trator for Pipeline Safety of the Research and Special Pro-
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grams Administration shall separately make available to
the public a copy of each response made by that official
to a recommendation under this section, together with a
copy of the recommendation.’’.
(c) ANNUAL REPORT TO CONGRESS.—Subsection (d)
of such section is amended by striking ‘‘a copy of the Sec-
retary’s response to each recommendation’’ and inserting
‘‘a copy of each response to each such recommendation
by the Secretary, the Administrator of the Research and
Special Programs Administration of the Department of
Transportation, or the Associate Administrator for Pipe-
line Safety of the Research and Special Programs Admin-
istration’’.
SEC. 4. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) PERSONNEL QUALIFICATION PROGRAMS.—
(1) REQUIREMENT
FOR
PROGRAMS.—Chapter
601 is amended by adding at the end the following:
‘‘§ 60129. Pipeline personnel qualification programs
‘‘(a) QUALIFICATION PROGRAMS.—
‘‘(1) REQUIREMENT
FOR
PROGRAMS.—Under
regulations prescribed by the Secretary, each oper-
ator of a pipeline facility shall make available to the
Secretary, or, in the case of an intrastate pipeline
facility operator, to the appropriate State regulatory
agency, a program that is designed to enhance the
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qualifications of the pipeline personnel of that oper-
ator and to reduce the likelihood of accidents and in-
juries. After submittal of the program, the operator
shall revise or update the program when appropriate
to ensure the current validity of the program.
‘‘(2) CONTENT.—The program shall include, at
a minimum, criteria for the demonstration of the
ability of an individual to safely and properly per-
form tasks to which the standards prescribed under
section 60102 apply. The program shall also provide
for training and periodic reexamination of pipeline
personnel and for requalification of those personnel
as appropriate, including qualification for inspecting
the structural integrity of cable-suspension pipeline
bridges.
‘‘(3) REVIEW OF PROGRAMS.—
‘‘(A) IN
GENERAL.—The Secretary or a
State authority responsible for enforcing stand-
ards prescribed under this chapter shall review
the qualification program of the operator and
record the results of that review for use in the
next review of the operator’s program.
‘‘(B) CONTEXT
OF
REVIEW.—The Sec-
retary or State authority may conduct a review
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under subparagraph (A) as an element of its
inspection of an operator.
‘‘(C) INADEQUATE PROGRAMS.—If the Sec-
retary or a State authority determines that a
qualification program is inadequate for the safe
operation of a pipeline facility, the Secretary or
State 
authority 
shall 
act 
under 
section
60108(a)(2) to require the operator to revise
the qualification program.
‘‘(4) AMENDMENTS TO PROGRAMS.—In order to
facilitate reviews under this subsection, an operator
shall notify the Secretary or State authority, as ap-
propriate, of any amendment made to the operator’s
qualification program not later than 30 days after
the date of adoption of the amendment.
‘‘(5) WAIVERS
AND
MODIFICATIONS.—In ac-
cordance with section 60118(c), the Secretary may
waive or modify any requirement of this section.
‘‘(b) STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish minimum standards for pipeline personnel train-
ing and evaluation, which may include written exam-
ination, oral examination, work performance history
review, observation of job performance, on the job
training, simulations, or other forms of assessment.
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(C) Industry responses to those actions
and recommendations.
(D) Responses of employees of the opera-
tors to those actions and recommendations.
(3) CRITERIA.—The Secretary may establish
criteria for use in evaluating and reporting on oper-
ator qualification and training for purposes of this
subsection.
(4) TIME FOR REPORT.—The Secretary shall
submit the report required by paragraph (1) to Con-
gress not later than three years after the date of the
enactment of this Act.
SEC. 5. PIPELINE INTEGRITY INSPECTION PROGRAM.
(a) PROGRAM REQUIRED.—Section 60109 is amend-
ed by adding at the end the following new subsection:
‘‘(c) RISK ANALYSIS AND INTEGRITY MANAGEMENT
PROGRAMS.—
‘‘(1) REQUIREMENT
FOR
OPERATOR
PRO-
GRAMS.—Each operator of a gas transmission or
hazardous liquid pipeline facility shall conduct an
analysis of the risks to each facility of the operator
in an area identified pursuant to subsection (a)(1)
and shall adopt and implement a written integrity
management program for such facility to reduce the
risks.
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‘‘(2) REQUIRED ELEMENTS OF INTEGRITY MAN-
AGEMENT
PROGRAMS.—An integrity management
program adopted by an operator of a facility in an
area identified pursuant to subsection (a)(1) shall
include, at a minimum, the following:
‘‘(A) Provision for periodic inspection of
the facility, by internal inspection device, pres-
sure testing, direct assessment, or an alter-
native method that would provide an equal or
greater level of safety, including a specification
of—
‘‘(i) the types of inspections;
‘‘(ii) the frequency of the inspections,
which shall not be less frequent than once
every five years; and
‘‘(iii) the manner in which the inspec-
tions or testing are to be conducted.
‘‘(B) Clearly defined criteria for evaluating
the results of—
‘‘(i) inspections conducted under sub-
paragraph (A); and
‘‘(ii) any testing done in the inspec-
tion or as any other part of the integrity
management program.
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‘‘(C) Procedures for ensuring that prob-
lems identified in such inspections or other test-
ing are corrected in a timely manner.
‘‘(D) A description of measures to prevent
and mitigate the consequences of unintended
releases from the facility, such as leak detec-
tion, integrity evaluation, emergency flow re-
stricting devices, and other prevention, detec-
tion, and mitigation measures.
‘‘(E) The types of information sources that
must be integrated in assessing the integrity of
the pipeline facility as well as the manner of in-
tegration.
‘‘(F) The nature and timing of actions se-
lected to address the integrity of the pipeline
facility.
‘‘(G) Any other factors that are appro-
priate for—
‘‘(i) ensuring that the integrity of the
pipeline facility is addressed; or
‘‘(ii) providing appropriate mitigative
measures for protecting areas identified
under subsection (a)(1).
‘‘(3) SYSTEMS TO MONITOR PRESSURE AND DE-
TECT LEAKS; USE OF EMERGENCY FLOW RESTRICT-
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ING DEVICES.—The operator of a pipeline facility
may also provide in an integrity management pro-
gram under paragraph (1) for the following:
‘‘(A) Changes to valves or the establish-
ment or modification of systems that monitor
pressure and detect leaks based on the opera-
tor’s risk analysis.
‘‘(B) The use of emergency flow restricting
devices.
‘‘(4) INCREASED
FREQUENCY
OF
INSPEC-
TIONS.—
‘‘(A) CONSIDERATIONS.—In determining
whether to require inspection of a facility more
frequently than once every five years, an oper-
ator shall take into account, as appropriate, the
following:
‘‘(i) The potential for development of
new defects in the facility.
‘‘(ii) The operational characteristics of
the facility, including age, operating pres-
sure, block valve location, corrosion his-
tory, spill history, and any known defi-
ciencies in the method of pipeline construc-
tion or installation.
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‘‘(iii) The possible growth of new and
existing defects.
‘‘(B) OUTSIDE FORCE DAMAGE.—For pur-
poses of subparagraph (A)(i), in considering the
potential for development of new defects in a
pipeline facility from damage by an outside
force, an operator shall consider information
available about current or planned excavation
activities and the effectiveness of damage pre-
vention programs in the area.
‘‘(5) STANDARDS FOR MINIMUM LEVEL OF PRO-
TECTION.—An operator of a pipeline facility that is
required to implement an integrity management pro-
gram under paragraph (1) shall—
‘‘(A) adopt standards under this subsection
that provide a minimum level of protection for
the operator’s facilities in areas identified pur-
suant to subsection (a)(1) that is at least equiv-
alent to the applicable level of protection estab-
lished by national consensus standards organi-
zations; and
‘‘(B) implement pressure testing and other
integrity management techniques in a manner
that minimizes environmental or safety risks,
such as by use of water for pressure testing.
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‘‘(6) AUTHORITY AND RESPONSIBILITY OF SEC-
RETARY.—
‘‘(A) STANDARDS.—
‘‘(i) AUTHORITY.—The Secretary may
prescribe standards to direct an operator’s
conduct of a risk analysis and adoption
and implementation of an integrity man-
agement program under paragraph (1).
‘‘(ii) INACTION BY SECRETARY.—The
responsibility of an operator of a pipeline
facility to conduct a risk analysis or adopt
or implement an integrity management
program under paragraph (1) shall not be
affected by any failure of the Secretary to
prescribe standards under this subpara-
graph.
‘‘(B) REVIEW OF INTEGRITY MANAGEMENT
PROGRAMS.—
‘‘(i) TRANSMITTAL TO SECRETARY.—
Each operator of a pipeline facility shall
transmit to the Secretary a detailed de-
scription of the operator’s integrity man-
agement program in writing.
‘‘(ii) AUTHORITY
TO
REVIEW.—The
Secretary shall review the risk analysis and
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integrity management program and record
the results of that review for use in the
next review of the operator’s program.
‘‘(iii) CONTEXT
OF
REVIEW.—The
Secretary may conduct a review under
clause (ii) as an element of the Secretary’s
inspection of the operator.
‘‘(iv) INADEQUATE PROGRAMS.—If the
Secretary determines that an operator’s
risk analysis or integrity management pro-
gram is inadequate for the safe operation
of a pipeline facility, the Secretary shall
act under section 60108(a)(2) to require
the operator to revise the risk analysis or
integrity management program.
‘‘(v) AMENDMENTS TO PROGRAMS.—
In order to facilitate reviews under this
subparagraph, an operator of a pipeline fa-
cility shall notify the Secretary of any
amendment made to the operator’s integ-
rity management program not later than
30 days after the date of the adoption of
the amendment.
‘‘(vi) TRANSMITTAL OF PROGRAMS TO
STATE AUTHORITIES.—The Secretary shall
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provide a copy of a risk analysis and integ-
rity management program reviewed by the
Secretary under this subparagraph to any
appropriate State authority with which the
Secretary has entered into an agreement
under section 60106.
‘‘(7) STATE REVIEW OF INTEGRITY MANAGE-
MENT PLANS.—A State authority that enters into an
agreement pursuant to section 60106, permitting the
State authority to review the risk analysis and writ-
ten program, may provide the Secretary with a writ-
ten assessment of the risk analysis and integrity
management program, make recommendations, as
appropriate, to address safety concerns not ade-
quately addressed by the operator’s risk analysis or
integrity management program, and submit docu-
mentation explaining the State-proposed revisions.
The Secretary shall carefully consider the State’s
proposals and work in consultation with the States
and operators to address safety concerns.
‘‘(8) OPPORTUNITY FOR LOCAL INPUT ON IN-
TEGRITY
MANAGEMENT.—The Secretary shall, by
regulation, establish a process for raising and ad-
dressing local safety concerns about pipeline integ-
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rity and operators’ pipeline integrity programs. The
process shall include the following:
‘‘(A) A requirement that an operator of a
hazardous liquid pipeline or an operator of a
pipeline facility for the transmission of natural
gas, as the case may be, provide information
about the operator’s risk analysis and integrity
management program required under this sec-
tion to local officials in the State in which the
facility is located.
‘‘(B) An identification of the local officials
who are required to be informed, the informa-
tion that is to be provided to them, and the
manner (which may include traditional or elec-
tronic means) in which it is to be provided.
‘‘(C) The means for receiving input from
the local officials, which may include a public
forum sponsored by the Secretary or by the
State or the submission of written comments
through traditional or electronic means.
‘‘(D) The extent to which an operator
must participate in a public forum sponsored by
the Secretary or in another means for receiving
input from the local officials or in the evalua-
tion of that input.
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‘‘(E) The manner in which the Secretary
will notify the local officials about how their
concerns are being addressed.
‘‘(9) BASELINE INTEGRITY ASSESSMENT.—An
operator of a pipeline facility that is required to im-
plement an integrity management program under
paragraph (1) shall complete a baseline integrity as-
sessment of each of the operator’s facilities in areas
identified pursuant to subsection (a)(1).’’.
(b) IMPLEMENTATION.—
(1) RISK ANALYSES AND INTEGRITY MANAGE-
MENT PROGRAMS.—The initial risk analyses and in-
tegrity management programs required under sec-
tion 60109(c)(1) of title 49, United States Code (as
added by subsection (a) of this section), shall be
completed not later than one year after the date of
enactment of this Act.
(2) BASELINE INTEGRITY ASSESSMENTS.—The
initial baseline integrity assessment of the pipeline
facility of each operator required under section
60109(c)(9) of title 49, United States Code (as
added by subsection (a) of this section), shall be
completed not later than five years after the date of
the enactment of this Act.
(3) REVIEW.—
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(A) REQUIREMENT
FOR
REVIEW.—Not
later than 2 years after all integrity manage-
ment programs required to be submitted within
the time specified in paragraph (1)(A) have
been received by the Secretary of Transpor-
tation, the Secretary shall complete an assess-
ment and evaluation of the effects on safety
and the environment of expanding the applica-
bility 
of 
the 
requirements 
under 
section
60109(c) of title 49, United States Code (as
added by subsection (a) of this section), to
cover additional areas.
(B) SUBMITTAL TO CONGRESS.—The Sec-
retary shall submit to Congress the Secretary’s
assessment and evaluation together with any
recommendations for improving and expanding
the utilization of integrity management pro-
grams under that subsection.
(4) OPPORTUNITY FOR LOCAL INPUT ON INTEG-
RITY MANAGEMENT.—The Secretary shall issue the
regulations required under section 60109(c)(8) of
title 49, United States Code (as added by subsection
(a) of this section), not later than 18 months after
the date of the enactment of this Act.
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SEC. 6. HAZARDOUS PIPELINE FACILITIES.
Section 60112 is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) GENERAL AUTHORITY.—After notice and an op-
portunity for a hearing, the Secretary may decide that a
pipeline facility is hazardous if the Secretary decides
that—
‘‘(1) operation of the facility is or would be haz-
ardous to life, property, or the environment; or
‘‘(2) the facility is or would be constructed or
operated, or a component of the facility is or would
be constructed or operated, with equipment, mate-
rial, or a technique that the Secretary decides is
hazardous to life, property, or the environment.’’;
and
(2) in subsection (d) by striking ‘‘is haz-
ardous,’’ and inserting ‘‘is, or would be, hazardous,’’.
SEC. 7. PUBLIC EDUCATION, EMERGENCY PREPAREDNESS,
AND COMMUNITY RIGHT TO KNOW.
(a) REQUIREMENTS.—
(1) PROGRAM REQUIREMENTS.—
(A) 
IN
GENERAL.—Section 
60116 
is
amended to read as follows:
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‘‘§ 60116. Public education, emergency preparedness,
and community right to know
‘‘(a) PUBLIC EDUCATION PROGRAMS.—
‘‘(1) REQUIREMENT FOR PROGRAMS.—
‘‘(A) IN GENERAL.—Each owner or oper-
ator of a pipeline facility shall carry out a con-
tinuing program to educate the public about its
facility.
‘‘(B) CONTENT.—
‘‘(i) 
INFORMATION.—The 
program
shall include information on the use of a
one-call system for advance notification of
an excavation and for other damage pre-
vention actions, the possible hazards asso-
ciated with unintended releases from the
pipeline facility, the physical indications
that such a release may have occurred, the
steps that should be taken for public safety
in the event of a pipeline release, and how
to report such an event.
‘‘(ii) OTHER ACTIVITIES.—The public
education program shall also include activi-
ties to advise affected municipalities,
school districts, businesses, and residents
of pipeline facility locations.
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‘‘(2) PERIODIC REVIEW.—The Secretary or the
appropriate State agency shall periodically review
the public education program of each owner or oper-
ator of a pipeline facility.
‘‘(3) PROGRAM
ELEMENTS, STANDARDS, AND
MATERIALS.—The Secretary may prescribe the ele-
ments of an effective public education program and
standards for assessing the effectiveness of the pro-
gram. The Secretary may also develop materials for
use in the program.
‘‘(4) TECHNICAL ASSISTANCE.—The Secretary
may provide technical assistance on public safety
and public education programming regarding pipe-
line safety as follows:
‘‘(A) TO
PIPELINE
INDUSTRY.—To the
pipeline industry, technical assistance on—
‘‘(i) developing public safety and pub-
lic education program content; and
‘‘(ii) using best practices for program
delivery and on evaluating the effectiveness
of the programs.
‘‘(B) TO STATE AND LOCAL OFFICIALS.—
To State and local officials, technical assistance
on applying practices developed in the public
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safety and public education programs to their
activities to promote pipeline safety.
‘‘(b) EMERGENCY PREPAREDNESS.—
‘‘(1) OPERATOR LIAISON.—Each operator of a
pipeline facility shall maintain liaison with the State
emergency response commissions, and local emer-
gency planning committees in the areas of pipeline
rights-of-way established under section 301 of the
Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001) in each State
in which it operates.
‘‘(2) INFORMATION.—
‘‘(A) IN
GENERAL.—Each such operator
shall, upon request, make available to the State
emergency response commissions and local
emergency planning committees, and shall make
available to the Office of Pipeline Safety for the
purpose of providing the information to the
public, the information described in section
60102(d), the operator’s program for integrity
management under section 60109(c), and infor-
mation on the implementation of that program.
‘‘(B) FORMATS.—An operator of a pipeline
facility shall make the information available
under this paragraph in a standardized format
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and in a format that is integrated into a com-
mercial off-the-shelf in-vehicle portable com-
puter global positioning system navigation map-
ping software used in first responder vehicles
equipped with portable computers and respond-
ing to pipeline spills.
‘‘(C) DESIGNATION OF REGIONAL EMER-
GENCY TRANSPORTATION COORDINATORS.—
‘‘(i) REQUIREMENT.—The Secretary
shall designate for the purposes of this
paragraph the Regional Emergency Trans-
portation Coordinator with the responsi-
bility for defining the in-vehicle navigation
mapping standards and contracting the
outsource mapping vendor, which can pro-
vide the most cost effective first responder
mapping tool, for coordinated emergency
responses, in the geographic area.
‘‘(ii) FINANCIAL
ASSISTANCE.—The
Secretary may, by grant, provide a Re-
gional Emergency Transportation Coordi-
nator designated under clause (i) with fi-
nancial assistance for carrying out the re-
sponsibility imposed under that clause.
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‘‘(D) ADDITIONAL REQUIRED CONTENT.—
The operator shall ensure that the information
described in section 60102(d) that is made
available about the pipeline facility under this
paragraph includes, at a minimum the following
information:
‘‘(i) An emergency telephone number
that provides effective communication with
the operator at any time during the 24
hours of each day.
‘‘(ii) In the description of the pipeline
facility, information on the pipe diameter,
the product or products carried, and the
operating pressure.
‘‘(iii) In the maps showing the loca-
tions of the pipeline facility, any high con-
sequence areas which the pipeline facility
traverses or adjoins and abuts.
‘‘(iv) A summary description of the in-
tegrity measures the operator uses to as-
sure safety and protection for the environ-
ment.
‘‘(v) A point of contact to respond to
any questions from an emergency response
representative.
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‘‘(3) SMALLER COMMUNITIES.—For a commu-
nity without a local emergency planning committee,
the operator shall maintain liaison with the local
firefighting, police, and other emergency response
agencies.
‘‘(4) PUBLIC ACCESS.—The Secretary shall pre-
scribe requirements for appropriate public access to
the information made available under this sub-
section, including a requirement that the informa-
tion be made available to the public by widely acces-
sible computerized database.
‘‘(c) COMMUNITY RIGHT TO KNOW.—
‘‘(1) MAPS PROVIDED BY OWNERS AND OPERA-
TORS.—Not later than 12 months after the date of
enactment of this subsection and annually there-
after, each owner or operator of a pipeline facility
shall provide to the governing body of each munici-
pality in which the pipeline facility is located, a map
identifying the location of such facility. The map
may be provided in electronic form.
‘‘(2) WAIVER OF REQUIREMENT IN PARTICULAR
CASES OF GAS PIPELINE FACILITIES.—
‘‘(A) AUTHORITY.—Under procedures pre-
scribed by the Secretary, the Secretary may
waive the applicability of paragraph (1) with re-
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spect to any part of a gas pipeline facility for
the transporting of natural gas for which the
Secretary determines that compliance with that
paragraph is not practicable.
‘‘(B) INAPPLICABILITY
TO
LIQUID
NAT-
URAL
GAS.—A waiver may not be granted
under subparagraph (A) for any part of a pipe-
line facility for the transporting of liquid nat-
ural gas.
‘‘(3) ANNUAL PIPELINE SEGMENT REPORTS.—
‘‘(A) IN
GENERAL.—Not later than 6
months after the date of enactment of this sub-
section and annually therefore, each owner or
operator of a pipeline facility shall submit to
the Secretary a report on pipeline segments of
the facility in accordance with this subsection.
‘‘(B) CONTENT OF REPORTS.—A pipeline
segment report of an owner or operator of a fa-
cility shall include, at a minimum, the following
information for each pipeline segment of the fa-
cility:
‘‘(i) The business name, address, and
telephone number of the owner or oper-
ator.
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‘‘(ii) A summary description of the
pipeline system containing the segment, in-
cluding a general system map and a de-
scription of any product the pipeline trans-
ports, the length of the system, and origin
and termination points.
‘‘(iii) State and local emergency re-
sponse liaison information.
‘‘(iv) A description of periodic testing
methods used on the segment and the fre-
quency of such testing.
‘‘(v) A summary of the results of peri-
odic testing of the segment, including any
defects detected and actions taken to ad-
dress the defects.
‘‘(vi) A description of the leak detec-
tion system in use on the segment and its
sensitivity.
‘‘(vii) A 5-year incident history for the
segment.
‘‘(viii) An inspection and enforcement
history for the segment.
‘‘(ix) If applicable, a summary of in-
tegrity management program actions re-
lated to the segment.
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‘‘(4) AUTHORITY FOR FLEXIBILITY IN CASES
INVOLVING
SECURITY
RISKS.—The Secretary may
modify or waive any requirement for certain infor-
mation to be included in a report under paragraph
(2) if the Secretary determines that the inclusion of
such information would pose a risk to the security
of a pipeline system.
‘‘(5) PIPELINE
SEGMENT
DEFINED.—In this
subsection, the term ‘pipeline segment’ means—
‘‘(A) with respect to a gas transmission
pipeline facility, the length of pipeline between
the origin and the first compressor station, be-
tween intermittent compressor stations, and be-
tween the final compressor station and the ter-
mination point; and
‘‘(B) with respect to a hazardous liquid
pipeline facility, the length of pipeline between
the origin and the first pumping station, be-
tween intermittent pumping stations, and be-
tween the final pumping station and the termi-
nation point.
‘‘(d) EMERGENCY RESPONSE GRANTS.—The Sec-
retary shall establish a program for making grants to
State, county, and local governments in high consequence
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areas (as designated by the Secretary) for emergency re-
sponse management, training, and technical assistance.
‘‘(e) PUBLIC AVAILABILITY OF REPORTS.—The Sec-
retary shall—
‘‘(1) make available to the public—
‘‘(A) a safety-related condition report filed
by an operator under section 60102(h);
‘‘(B) a report of a pipeline incident filed by
an operator;
‘‘(C) the results of any inspection by the
Office of Pipeline Safety or a State regulatory
official;
‘‘(D) a description of any corrective action
taken in response to a safety-related condition
made available under subparagraph (A), (B), or
(C); and
‘‘(E) through the consolidated computer
database of the Secretary, each pipeline seg-
ment report submitted under subsection (d);
and
‘‘(2) prescribe requirements for appropriate
public access to integrity management program in-
formation prepared under this chapter, including re-
quirements that will ensure data accessibility to the
greatest extent feasible.
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‘‘(f) EFFECT
ON EMERGENCY RESPONDERS
AND
EMERGENCY PLANNING COMMITTEE.—Nothing in this
section shall be construed to impose a new duty on State
or local emergency responders or local emergency planning
committees.’’.
(B) CLERICAL AMENDMENT.—The item re-
lating to such section in the table of sections at
the beginning of chapter 601 is amended to
read as follows:
‘‘60116. Public education, emergency preparedness, and community right to
know.’’.
(2) SAFETY
CONDITION
REPORTS.—Section
60102(h)(2) is amended by striking ‘‘State authori-
ties’’ in the second sentence and inserting ‘‘State of-
ficials, including the local emergency responders.’’.
(b) REVIEW OF PUBLIC EDUCATION PROGRAMS.—
(1) REVIEW
REQUIRED.—Not later than one
year after the date of the enactment of this Act,
each owner or operator of a pipeline facility shall re-
view its existing public education program to deter-
mine the effectiveness of the program and shall mod-
ify the program as necessary to improve the effec-
tiveness of the program and to comply with the re-
quirements of section 60116 of title 49, United
States Code, as amended by subsection (a).
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(2) SUBMITTAL
TO
SECRETARY.—Upon com-
pleting the review and any modification of the pro-
gram resulting from the review, the owner or oper-
ator, as the case may be, shall submit a detailed de-
scription of the program to the Secretary of Trans-
portation or, in the case of an intrastate pipeline fa-
cility, to the appropriate State agency.
(c) 
TIME
FOR
IMPLEMENTATION
OF
REQUIREMENTS—
(1) OPERATOR LIAISON.—Each operator of a
pipeline facility shall have the emergency response li-
aison required under subsection (b) of section 60116
of title 49, United States Code (as amended by sub-
section (a)), in place not later than one year after
the date of the enactment of this Act.
(2) COMMUNITY RIGHT TO KNOW.—Each owner
or operator of a pipeline facility shall ensure that
the governing body of each municipality in which the
pipeline facility is located has a map that identifies
the location of such facility and otherwise is in com-
pliance with subsection (c) of section 60116 of title
49, United States Code (as amended by subsection
(a)), not later than one year after the date of the
enactment of this Act.
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(3) INITIAL
PIPELINE
SEGMENT
REPORTS.—
Each owner or operator of a pipeline facility shall
submit its initial pipeline segment report to the Sec-
retary of Transportation under subsection (d) of sec-
tion 60116 of title 49, United States Code (as
amended by subsection (a)), not later than six
months after the date of the enactment of this Act.
SEC. 8. PENALTIES.
(a) CIVIL PENALTIES.—Section 60122 is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘$25,000’’ in the first sen-
tence and inserting ‘‘$500,000’’;
(B) by striking ‘‘$500,000’’ in the third
sentence and inserting ‘‘$1,000,000’’; and
(C) by adding at the end the following:
‘‘The preceding sentence does not apply to judi-
cial enforcement action under section 60120 or
60121.’’;
(2) by adding at the end of subsection (a) the
following:
‘‘(3) DISCHARGES
FROM
HAZARDOUS
LIQUID
PIPELINES.—A person who is the owner, operator,
or person in charge of a hazardous liquid pipeline fa-
cility from which a hazardous liquid is discharged is
liable to the Government for a civil penalty of at
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least $1,000 per barrel of oil or other hazardous liq-
uid discharged, except that a person may not be lia-
ble for a civil penalty under this subsection for a dis-
charge if the person has been assessed a civil penalty
under section 309 or 311(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1319; 1321(b)) for
the discharge. A person may be liable for a civil pen-
alty under this paragraph and paragraph (1) with
respect to the same discharge.’’; and
(3) 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 any adverse im-
pact on the environment;
‘‘(B) with respect to the violator, the de-
gree of culpability, any history of prior viola-
tions, the ability to pay, and any effect on abil-
ity to continue doing business; and
‘‘(C) good faith in attempting to comply;
and
‘‘(2) the Secretary may consider—
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‘‘(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) in the matter preceding paragraph (1) by
striking ‘‘knowingly and willfully’’;
(2) in paragraph (1) by inserting ‘‘knowingly
and willfully’’ before ‘‘engages’’; and
(3) in paragraph (2) by striking subparagraph
(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 section 60112 or any other provision of this chapter,
a regulation prescribed under this chapter, or an order
issued under this chapter. The court may award appro-
priate relief, including a temporary or permanent injunc-
•HR 459 IH1S
tion, punitive damages, and assessment of civil penalties
considering the same factors as are prescribed for the Sec-
retary for the administrative imposition of civil penalties
under section 60122.’’.
SEC. 9. 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); and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) AGREEMENTS WITH CERTIFICATION.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORITY.—If the Secretary ac-
cepts a certification under section 60105 of this
title and makes the determinations required
under this subsection, the Secretary may enter
into an agreement with a State authority au-
thorizing it to participate in the oversight of
interstate pipeline transportation.
‘‘(B) STATE
PLANS
REQUIRED
UNDER
AGREEMENTS.—Each such agreement shall in-
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clude a plan for the State authority to partici-
pate in special investigations involving incidents
or new construction and shall allow the State
authority to participate in other activities over-
seeing interstate pipeline transportation or to
assume additional inspection or investigatory
duties.
‘‘(C) CITIZEN PARTICIPATION.—The Sec-
retary or the State authority may provide for
citizen participation with respect to entry into
and implementation of an agreement under this
paragraph.
‘‘(D) RELATIONSHIP TO OTHER AUTHOR-
ITY, 
REQUIREMENTS, 
AND
RESTRICTIONS.—
Nothing in this section modifies the limitation
and prohibition in section 60104(c) or author-
izes the Secretary to delegate the enforcement
of safety standards prescribed under this chap-
ter to a State authority.
‘‘(2) DETERMINATIONS
REQUIRED.—The Sec-
retary may not enter into an agreement under this
subsection unless the Secretary determines that—
‘‘(A) the agreement allowing participation
of the State authority is consistent with the
Secretary’s program for inspection and con-
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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.’’.
(b) TERMINATING AGREEMENTS.—Subsection (e) of
such section, as redesignated by subsection (a)(2), is
amended to read as follows:
‘‘(e) TERMINATING AGREEMENTS.—
‘‘(1) PERMISSIVE
TERMINATION.—The Sec-
retary may terminate an agreement with a State au-
thority under this section if the Secretary finds that
the State authority has not complied with a provi-
sion of the agreement.