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may decide 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, material,
or a technique that the Secretary decides is hazardous
to life, property, or the environment.’’; and
(2) by striking ‘‘is hazardous,’’ in subsection (d)
and inserting ‘‘is, or would be, hazardous,’’.
SEC. 766. PUBLIC EDUCATION, EMERGENCY PREPARED-
NESS, AND COMMUNITY RIGHT-TO-KNOW.
(a) Section 60116 is amended to read as follows:
‘‘§ 60116. Public education, emergency preparedness,
and community right-to-know
‘‘(a) PUBLIC
EDUCATION
PROGRAMS.—(1) Each
owner or operator of a gas or hazardous liquid pipeline fa-
cility 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 pos-
sible hazards associated with unintended releases from the
pipeline facility, the physical indications that such a re-
lease may have occurred, what steps should be taken for
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public safety in the event of a pipeline release, and how
to report such an event.
‘‘(2) Within 12 months after the date of enactment of
the Pipeline Safety Improvement Act of 2003, each owner
or operator of a gas or hazardous liquid pipeline facility
shall review its existing public education program for effec-
tiveness and modify the program as necessary. The com-
pleted program shall include activities to advise affected
municipalities, school districts, businesses, and residents of
pipeline facility locations. The completed program shall be
submitted to the Secretary or, in the case of an intrastate
pipeline facility operator, the appropriate State agency and
shall be periodically reviewed by the Secretary or, in the
case of an intrastate pipeline facility operator, the appro-
priate State agency.
‘‘(3) The Secretary may issue standards prescribing
the elements of an effective public education program. The
Secretary may also develop material for use in the program.
‘‘(b) EMERGENCY PREPAREDNESS.—
‘‘(1) OPERATOR
LIAISON.—Within 12 months
after the date of enactment of the Pipeline Safety Im-
provement Act of 2003, an operator of a gas trans-
mission or hazardous liquid pipeline facility shall
initiate and maintain liaison with the State emer-
gency response commissions, and local emergency
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planning committees in the areas of pipeline right-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 op-
erates.
‘‘(2) INFORMATION.—An operator shall, upon re-
quest, make available to the State emergency response
commissions and local emergency planning commit-
tees, and shall make available to the Office of Pipeline
Safety in a standardized form for the purpose of pro-
viding the information to the public, the information
described in section 60102(d), the operator’s program
for integrity management, and information about im-
plementation of that program. The information about
the facility shall also include, at a minimum—
‘‘(A) the business name, address, telephone
number of the operator, including a 24-hour
emergency contact number;
‘‘(B) a description of the facility, including
pipe diameter, the product or products carried,
and the operating pressure;
‘‘(C) with respect to transmission pipeline
facilities, maps showing the location of the facil-
ity and, when available, any high consequence
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areas which the pipeline facility traverses or ad-
joins and abuts;
‘‘(D) a summary description of the integ-
rity measures the operator uses to assure safety
and protection for the environment; and
‘‘(E) a point of contact to respond to ques-
tions from emergency response representative.
‘‘(3) SMALLER COMMUNITIES.—In a community
without a local emergency planning committee, the
operator shall maintain liaison with the local fire,
police, and other emergency response agencies.
‘‘(4) PUBLIC ACCESS.—The Secretary shall pre-
scribe requirements for public access, as appropriate,
to this information, including a requirement that the
information be made available to the public by widely
accessible computerized database.
‘‘(c) COMMUNITY RIGHT-TO-KNOW.—Not later than 12
months after the date of enactment of the Pipeline Safety
Improvement Act of 2003, and annually thereafter, the
owner or operator of each gas transmission or hazardous
liquid pipeline facility shall provide to the governing body
of each municipality in which the pipeline facility is lo-
cated, a map identifying the location of such facility. The
map may be provided in electronic form. The Secretary
may provide technical assistance to the pipeline industry
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on developing public safety and public education program
content and best practices for program delivery, and on
evaluating the effectiveness of the programs. The Secretary
may also provide technical assistance to State and local of-
ficials in applying practices developed in these programs
to their activities to promote pipeline safety.
‘‘(d) 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 Of-
fice of Pipeline Safety or a State regulatory offi-
cial; and
‘‘(D) a description of any corrective action
taken in response to a safety-related condition
reported under subparagraph (A), (B), or (C);
and
‘‘(2) prescribe requirements for public access, as
appropriate, to integrity management program infor-
mation prepared under this chapter, including re-
quirements that will ensure data accessibility to the
greatest extent feasible.’’.
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(b) 
SAFETY
CONDITION
REPORTS.—Section
60102(h)(2) is amended by striking ‘‘authorities.’’ and in-
serting ‘‘officials, including the local emergency respond-
ers.’’.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 601 is amended by striking the item relating
to section 60116 and inserting the following:
‘‘60116. Public education, emergency preparedness, community right-to-know.’’.
SEC. 767. 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
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 gravity
of the violation, including adverse impact on the
environment;