H. R. 3609—11
groups of individuals (not including for-profit entities) relating
to the safety of pipeline facilities in local communities, other
than facilities regulated under Public Law 93–153 (43 U.S.C.
1651 et seq.). The Secretary shall establish competitive proce-
dures for awarding grants under this section and criteria for
selecting grant recipients. The amount of any grant under
this section may not exceed $50,000 for a single grant recipient.
The Secretary shall establish appropriate procedures to ensure
the proper use of funds provided under this section.
‘‘(2) TECHNICAL ASSISTANCE DEFINED.—In this subsection,
the term ‘technical assistance’ means engineering and other
scientific analysis of pipeline safety issues, including the pro-
motion of public participation in official proceedings conducted
under this chapter.
‘‘(b) PROHIBITED USES.—Funds provided under this section may
not be used for lobbying or in direct support of litigation.
‘‘(c) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than 90 days after the last
day of each fiscal year for which grants are made by the
Secretary under this section, the Secretary shall report to the
Committees on Commerce, Science, and Transportation and
Energy and Natural Resources of the Senate and the Commit-
tees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives on grants made
under this section in the preceding fiscal year.
‘‘(2) CONTENTS.—The report shall include—
‘‘(A) a listing of the identity and location of each
recipient of a grant under this section in the preceding
fiscal year and the amount received by the recipient;
‘‘(B) a description of the purpose for which each grant
was made; and
‘‘(C) a description of how each grant was used by
the recipient.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Transportation for carrying
out this section $1,000,000 for each of the fiscal years 2003 through
2006. Such amounts shall not be derived from user fees collected
under section 60301.’’.
(c) CONFORMING AMENDMENT.—The analysis for chapter 601
is amended by adding at the end the following:
‘‘60130. Pipeline safety information grants to communities.’’.
SEC. 10. OPERATOR ASSISTANCE IN INVESTIGATIONS.
(a) IN GENERAL.—Section 60118 is amended by adding at the
end the following:
‘‘(e) OPERATOR ASSISTANCE
IN INVESTIGATIONS.—If the Sec-
retary or the National Transportation Safety Board investigate
an accident involving a pipeline facility, the operator of the facility
shall make available to the Secretary or the Board all records
and information that in any way pertain to the accident (including
integrity management plans and test results), and shall afford
all reasonable assistance in the investigation of the accident.’’.
(b) 
CORRECTIVE
ACTION
ORDERS.—Section 
60112(d) 
is
amended—
(1) by striking ‘‘If the Secretary’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—If the Secretary’’;
H. R. 3609—12
(2) by adding the end the following:
‘‘(2) ACTIONS ATTRIBUTABLE TO AN EMPLOYEE.—If, in the
case of a corrective action order issued following an accident,
the Secretary determines that the actions of an employee car-
rying out an activity regulated under this chapter, including
duties under section 60102(a), may have contributed substan-
tially to the cause of the accident, the Secretary shall direct
the operator to relieve the employee from performing those
activities, reassign the employee, or place the employee on
leave until the earlier of the date on which—
‘‘(A) the Secretary, after notice and an opportunity
for a hearing, determines that the employee’s actions did
not contribute substantially to the cause of the accident;
or
‘‘(B) the Secretary determines the employee has been
re-qualified or re-trained as provided for in section 60131
and can safely perform those activities.
‘‘(3) EFFECT OF COLLECTIVE BARGAINING AGREEMENTS.—An
action taken by an operator under paragraph (2) shall be in
accordance with the terms and conditions of any applicable
collective bargaining agreement.’’; and
(3) by aligning the remainder of the text of paragraph
(1) (as designated by paragraph (1) of this subsection) with
paragraph (2) (as added by paragraph (2) of this subsection).
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Section 60118
is amended by adding at the end the following:
‘‘(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section may be construed to infringe upon the constitutional rights
of an operator or its employees.’’.
SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY.
(a) IN GENERAL.—Section 60127 is amended to read as follows:
‘‘§ 60127. Population encroachment and rights-of-way
‘‘(a) STUDY.—The Secretary of Transportation, in conjunction
with the Federal Energy Regulatory Commission and in consulta-
tion with appropriate Federal agencies and State and local govern-
ments, shall undertake a study of land use practices, zoning ordi-
nances, and preservation of environmental resources with regard
to pipeline rights-of-way and their maintenance.
‘‘(b) PURPOSE OF STUDY.—The purpose of the study shall be
to gather information on land use practices, zoning ordinances,
and preservation of environmental resources—
‘‘(1) to determine effective practices to limit encroachment
on existing pipeline rights-of-way;
‘‘(2) to address and prevent the hazards and risks to the
public, pipeline workers, and the environment associated with
encroachment on pipeline rights-of-way;
‘‘(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way; and
‘‘(4) to address how to best preserve environmental
resources in conjunction with maintaining pipeline rights-of-
way, recognizing pipeline operators’ regulatory obligations to
maintain rights-of-way and to protect public safety.
‘‘(c) CONSIDERATIONS.—In conducting the study, the Secretary
shall consider, at a minimum, the following:
H. R. 3609—13
‘‘(1) The legal authority of Federal agencies and State and
local governments in controlling land use and the limitations
on such authority.
‘‘(2) The current practices of Federal agencies and State
and local governments in addressing land use issues involving
a pipeline easement.
‘‘(3) The most effective way to encourage Federal agencies
and State and local governments to monitor and reduce
encroachment upon pipeline rights-of-way.
‘‘(d) REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall publish
a report identifying practices, laws, and ordinances that are
most successful in addressing issues of encroachment and
maintenance on pipeline rights-of-way so as to more effectively
protect public safety, pipeline workers, and the environment.
‘‘(2) DISTRIBUTION OF REPORT.—The Secretary shall provide
a copy of the report to—
‘‘(A) Congress and appropriate Federal agencies; and
‘‘(B) States for further distribution to appropriate local
authorities.
‘‘(3) ADOPTION
OF
PRACTICES, LAWS, AND
ORDINANCES.—
The Secretary shall encourage Federal agencies and State and
local governments to adopt and implement appropriate prac-
tices, laws, and ordinances, as identified in the report, to
address the risks and hazards associated with encroachment
upon pipeline rights-of-way and to address the potential
methods 
of 
preserving 
environmental 
resources 
while
maintaining pipeline rights-of-way, consistent with pipeline
safety.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 601
is amended by striking the item relating to section 60127 and
inserting the following:
‘‘60127. Population encroachment and rights-of-way.’’.
SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH
AND DEVELOPMENT.
(a) IN GENERAL.—The heads of the participating agencies shall
carry out a program of research, development, demonstration, and
standardization to ensure the integrity of pipeline facilities.
(b) MEMORANDUM OF UNDERSTANDING.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the heads of the participating agencies
shall enter into a memorandum of understanding detailing
their respective responsibilities in the program authorized by
subsection (a).
(2) AREAS
OF
EXPERTISE.—Under the memorandum of
understanding, each of the participating agencies shall have
the primary responsibility for ensuring that the elements of
the program within its expertise are implemented in accordance
with this section. The Department of Transportation’s respon-
sibilities shall reflect its lead role in pipeline safety and exper-
tise in pipeline inspection, integrity management, and damage
prevention. The Department of Energy’s responsibilities shall
reflect its expertise in system reliability, low-volume gas leak
detection, and surveillance technologies. The National Institute
of Standards and Technology’s responsibilities shall reflect its
H. R. 3609—14
expertise in materials research and assisting in the develop-
ment of consensus technical standards, as that term is used
in section 12(d)(4) of Public Law 104–13 (15 U.S.C. 272 note).
(c) PROGRAM ELEMENTS.—The program authorized by sub-
section (a) shall include research, development, demonstration, and
standardization activities related to—
(1) materials inspection;
(2) stress and fracture analysis, detection of cracks, corro-
sion, abrasion, and other abnormalities inside pipelines that
lead to pipeline failure, and development of new equipment
or technologies that are inserted into pipelines to detect anoma-
lies;
(3) internal inspection and leak detection technologies,
including detection of leaks at very low volumes;
(4) methods of analyzing content of pipeline throughput;
(5) pipeline security, including improving the real-time
surveillance of pipeline rights-of-way, developing tools for evalu-
ating and enhancing pipeline security and infrastructure,
reducing natural, technological, and terrorist threats, and pro-
tecting first response units and persons near an incident;
(6) risk assessment methodology, including vulnerability
assessment and reduction of third-party damage;
(7) communication, control, and information systems
surety;
(8) fire safety of pipelines;
(9) improved excavation, construction, and repair tech-
nologies; and
(10) other appropriate elements.
(d) PROGRAM PLAN.—
(1) IN
GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary of Transportation,
in coordination with the Secretary of Energy and the Director
of the National Institute of Standards and Technology, shall
prepare and transmit to Congress a 5-year program plan to
guide activities under this section. Such program plan shall
be submitted to the Technical Pipeline Safety Standards Com-
mittee and the Technical Hazardous Liquid Pipeline Safety
Standards Committee for review, and the report to Congress
shall include the comments of the committees. The 5-year pro-
gram plan shall be based on the memorandum of understanding
under subsection (b) and take into account related activities
of other Federal agencies.
(2) CONSULTATION.—In preparing the program plan and
selecting and prioritizing appropriate project proposals, the Sec-
retary of Transportation shall consult with or seek the advice
of appropriate representatives of the natural gas, crude oil,
and petroleum product pipeline industries, utilities, manufac-
turers, institutions of higher learning, Federal agencies, pipe-
line research institutions, national laboratories, State pipeline
safety officials, labor organizations, environmental organiza-
tions, pipeline safety advocates, and professional and technical
societies.
(e) REPORTS TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the heads
of the participating agencies shall transmit jointly to Congress
a report on the status and results to date of the implementation
of the program plan prepared under subsection (d).