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SEC. 773. OPERATOR ASSISTANCE IN INVESTIGATIONS.
(a) IN GENERAL.—If the Department of Transpor-
tation or the National Transportation Safety Board inves-
tigate an accident, the operator involved shall make avail-
able to the representative of the Department 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 inserting ‘‘(1)’’ after ‘‘CORRECTIVE AC-
TION ORDERS.—’’; and
(2) by adding at the end the following:
‘‘(2) If, in the case of a corrective action order issued
following an accident, the Secretary determines that the ac-
tions of an employee carrying out an activity regulated
under this chapter, including duties under section 60102(a),
may have contributed substantially to the cause of the acci-
dent, the Secretary shall direct the operator to relieve the
employee from performing those activities, reassign the em-
ployee, or place the employee on leave until the earlier of
the date on which—
‘‘(A) the Secretary determines, after notice and
an opportunity for a hearing, that the employee’s per-
formance of duty in carrying out the activity did not
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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 sec-
tion 763 of the Pipeline Safety Improvement Act of
2003 and can safely perform those activities.
‘‘(3) Action taken by an operator under paragraph (2)
shall be in accordance with the terms and conditions of any
applicable collective bargaining agreement to the extent it
is not inconsistent with the requirements of this section.’’.
SEC. 774. PROTECTION OF EMPLOYEES PROVIDING PIPE-
LINE 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 PIPELINE EMPLOY-
EES.—No pipeline operator or contractor or subcontractor
of a pipeline may discharge an employee or otherwise dis-
criminate against an employee with respect to compensa-
tion, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request
of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide (with any knowledge of the employer) or
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cause to be provided to the employer or Federal Gov-
ernment information relating to any violation or al-
leged violation of any order, regulation, or standard
of the Research and Special Programs Administration
or any other provision of Federal law relating to
pipeline safety under this chapter or any other law
of the United States;
‘‘(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or al-
leged violation of any order, regulation, or standard
of the Administration or any other provision of Fed-
eral law relating to pipeline safety under this chapter
or any other law of the United States;
‘‘(3) testified or is about to testify in such a pro-
ceeding; or
‘‘(4) assisted or participated or is about to assist
or participate in such a proceeding.
‘‘(b) DEPARTMENT
OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who
believes that he or she has been discharged or other-
wise discriminated against by any person in viola-
tion of subsection (a) may, not later than 90 days
after the date on which such violation occurs, file (or
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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
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Research and Special Programs Administration 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 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 per-
son named in the complaint an opportunity to
submit to the Secretary of Labor a written re-
sponse to the complaint and an opportunity to
meet with a representative of the Secretary to
present statements from witnesses, the Secretary
of Labor shall conduct an investigation and de-
termine whether there is reasonable cause to be-
lieve that the complaint has merit and notify in
writing the complainant and the person alleged
to have committed a violation of subsection (a)
of the Secretary’s findings. If the Secretary of
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Labor concludes that there is reasonable cause to
believe that a violation of subsection (a) has oc-
curred, the Secretary shall accompany the Sec-
retary’s findings with a preliminary order pro-
viding the relief prescribed by paragraph (3)(B).
Not later than 30 days after the date of notifica-
tion of findings under this paragraph, either the
person alleged to have committed the violation or
the complainant may file objections to the find-
ings or preliminary order, or both, and request
a hearing on the record. The filing of such objec-
tions 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 30-day period,
the preliminary order shall be deemed a final
order that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary of Labor shall
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subparagraph
(A) unless the complainant makes a prima
facie showing that any behavior described
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in paragraphs (1) through (4) of subsection
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the com-
plaint.
‘‘(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the showing
required under clause (i), no investigation
otherwise required under subparagraph (A)
shall be conducted if the employer dem-
onstrates, by clear and convincing evidence,
that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may deter-
mine that a violation of subsection (a) has
occurred only if the complainant dem-
onstrates that any behavior described in
paragraphs (1) through (4) of subsection (a)
was a contributing factor in the unfavorable
personnel action alleged in the complaint.
‘‘(iv) PROHIBITION.—Relief may not
be ordered under subparagraph (A) if the
employer demonstrates by clear and con-
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vincing evidence that the employer would
have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall issue
a final order providing the relief prescribed by
this paragraph or denying the complaint. At any
time before issuance of a final order, a pro-
ceeding under this subsection may be terminated
on the basis of a settlement agreement entered
into by the Secretary of Labor, the complainant,
and the person alleged to have committed the
violation.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the person who committed such viola-
tion to—
‘‘(i) take affirmative action to abate
the violation;
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‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay) and re-
store the terms, conditions, and privileges
associated with his or her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
If such an order is issued under this paragraph,
the Secretary of Labor, at the request of the com-
plainant, shall assess against the person whom
the order is issued a sum equal to the aggregate
amount of all costs and expenses (including at-
torney’s and expert witness fees) reasonably in-
curred, as determined by the Secretary of Labor,
by the complainant for, or in connection with,
the bringing the complaint upon which the order
was issued.
‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec-
retary of Labor finds that a complaint under
paragraph (1) is frivolous or has been brought in
bad faith, the Secretary of Labor may award to
the prevailing employer a reasonable attorney’s
fee not exceeding $1,000.
‘‘(4) REVIEW.—
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‘‘(A) APPEAL TO COURT OF APPEALS.—Any
person adversely affected or aggrieved by an
order issued under paragraph (3) may obtain re-
view 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, alleg-
edly occurred or the circuit in which the com-
plainant resided on the date of such violation.
The petition for review must be filed not later
than 60 days after the date of issuance of the
final order of the Secretary of Labor. Review
shall conform to chapter 7 of title 5, United
States Code. The commencement of proceedings
under this subparagraph shall not, unless or-
dered by the court, operate as a stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor with
respect to which review could have been obtained
under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever any person has failed to com-
ply with an order issued under paragraph (3), the
Secretary of Labor may file a civil action in the
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United States district court for the district in which
the violation was found to occur to enforce such order.
In actions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief, including, but not to be limited to, injunctive
relief and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) 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 citizenship of the
parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such award
costs is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
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proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of a pipeline, contractor or subcontractor who,
acting without direction from the pipeline contractor or
subcontractor (or such person’s agent), deliberately causes
a violation of any requirement relating to pipeline safety
under this chapter or any other law of the United States.
‘‘(e) CONTRACTOR DEFINED.—In this section, the term
‘contractor’ means a company that performs safety-sensitive
functions by contract for a pipeline.’’.
(b) CIVIL PENALTY.—Section 60122(a) is amended by
adding at the end the following:
‘‘(3) A person violating section 60129, or an order
issued thereunder, is liable to the Government for a civil
penalty of not more than $1,000 for each violation. The
penalties provided by paragraph (1) do not apply to a vio-
lation of section 60129 or an order issued thereunder.’’.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60129. Protection of employees providing pipeline safety information.’’.
SEC. 775. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
Within 90 days after receiving recommendations for
improvements to pipeline safety from an advisory com-
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mittee appointed by the Governor of any State, the Sec-
retary of Transportation shall respond in writing to the
committee setting forth what action, if any, the Secretary
will take on those recommendations and the Secretary’s rea-
sons for acting or not acting upon any of the recommenda-
tions.
SEC. 776. FINES AND PENALTIES.
The Inspector General of the Department of Transpor-
tation shall conduct an analysis of the Department’s assess-
ment of fines and penalties on gas transmission and haz-
ardous liquid pipelines, including the cost of corrective ac-
tions required by the Department in lieu of fines, and, no
later than 6 months after the date of enactment of this Act,
shall provide a report to the Senate Committee on Com-
merce, Science, and Transportation and the House Com-
mittee on Transportation and Infrastructure on any find-
ings and recommendations for actions by the Secretary or
Congress to ensure the fines assessed are an effective deter-
rent for reducing safety risks.
SEC. 777. 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-
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latory obligations to maintain rights-of-way and to protect
public safety.
SEC. 778. STUDY OF NATURAL GAS RESERVE.
(a) FINDINGS.—Congress finds that:
(1) In the last few months, natural gas prices
across the country have tripled.
(2) In California, natural gas prices have in-
creased twenty-fold, from $3 per million British ther-
mal units to nearly $60 per million British thermal
units.
(3) One of the major causes of these price in-
creases is a lack of supply, including a lack of nat-
ural gas reserves.
(4) The lack of a reserve was compounded by the
rupture of an El Paso Natural Gas Company pipe-
line in Carlsbad, New Mexico on August 1, 2000.
(5) Improving pipeline safety will help prevent
similar accidents that interrupt the supply of natural
gas and will help save lives.
(6) It is also necessary to find solutions for the
lack of natural gas reserves that could be used during
emergencies.
(b) 
STUDY
BY
THE
NATIONAL
ACADEMY
OF
SCIENCES.—The Secretary of Energy shall request the Na-
tional Academy of Sciences to—
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(1) conduct a study to—
(A) determine the causes of recent increases
in the price of natural gas, including whether
the increases have been caused by problems with
the supply of natural gas or by problems with
the natural gas transmission system;
(B) identify any Federal or State policies
that may have contributed to the price increases;
and
(C) determine what Federal action would be
necessary to improve the reserve supply of nat-
ural gas for use in situations of natural gas
shortages and price increases, including deter-
mining the feasibility and advisability of a Fed-
eral strategic natural gas reserve system; and
(2) not later than 60 days after the date of en-
actment of this Act, submit to Congress a report on
the results of the study.
SEC. 779. STUDY AND REPORT ON NATURAL GAS PIPELINE
AND STORAGE FACILITIES IN NEW ENGLAND.
(a) STUDY.—The Federal Energy Regulatory Commis-
sion, in consultation with the Department of Energy, shall
conduct a study on the natural gas pipeline transmission
network in New England and natural gas storage facilities
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associated with that network. In carrying out the study,
the Commission shall consider—
(1) the ability of natural gas pipeline and stor-
age facilities in New England to meet current and
projected demand by gas-fired power generation
plants and other consumers;
(2) capacity constraints during unusual weather
periods;
(3) potential constraint points in regional, inter-
state, and international pipeline capacity serving
New England; and
(4) the quality and efficiency of the Federal envi-
ronmental review and permitting process for natural
gas pipelines.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Federal Energy Regulatory
Commission shall prepare and submit to the Senate Com-
mittee on Energy and Natural Resources and the appro-
priate committee of the House of Representatives a report
containing the results of the study conducted under sub-
section (a), including recommendations for addressing po-
tential natural gas transmission and storage capacity prob-
lems in New England.
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PART III—PIPELINE SECURITY SENSITIVE
INFORMATION
SEC. 781. MEETING COMMUNITY RIGHT TO KNOW WITHOUT
SECURITY RISKS.
Section 60117 is amended by adding at the end the
following:
‘‘(l) WITHHOLDING CERTAIN INFORMATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this chapter requiring the Secretary to
provide information obtained by the Secretary or an
officer, employee, or agent in carrying out this chap-
ter to State or local government officials, the public,
or any other person, the Secretary shall withhold such
information if it is information that is described in
section 552(b)(1)(A) of title 5, United States Code.
‘‘(2) CONDITIONAL
RELEASE.—Notwithstanding
paragraph (1), upon the receipt of assurances satis-
factory to the Secretary that the information will be
handled appropriately, the Secretary may provide in-
formation permitted to be withheld under that
paragraph—
‘‘(A) to the owner or operator of the affected
pipeline system;
‘‘(B) to an officer, employee or agent of a
Federal, State, tribal, or local government, in-
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cluding a volunteer fire department, concerned
with carrying out this chapter, with protecting
the facilities, with protecting public safety, or
with national security issues;
‘‘(C) in an administrative or judicial pro-
ceeding brought under this chapter or an admin-
istrative or judicial proceeding that addresses
terrorist actions or threats of such actions; or
‘‘(D) to such other persons as the Secretary
determines necessary to protect public safety and
security.
‘‘(3) REPORT
TO
CONGRESS.—The Secretary
shall provide an annual report to the Congress, in ap-
propriate form as determined by the Secretary, con-
taining a summary of determinations made by the
Secretary during the preceding year to withhold in-
formation from release under paragraph (1).’’.
SEC. 782. TECHNICAL ASSISTANCE FOR SECURITY OF PIPE-
LINE FACILITIES.
The Secretary of Transportation may provide tech-
nical assistance to an operator of a pipeline facility or to
State, tribal, or local officials to prevent or respond to acts
of terrorism that may impact the pipeline facility,
including—
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(1) actions by the Secretary that support the use
of National Guard or State or Federal personnel to
provide additional security for a pipeline facility at
risk of terrorist attack or in response to such an at-
tack;
(2) use of resources available to the Secretary to
develop and implement security measures for a pipe-
line facility;
(3) identification of security issues with respect
to the operation of a pipeline facility; and
(4) the provision of information and guidance on
security practices that prevent damage to pipeline fa-
cilities from terrorist attacks.
SEC. 783. CRIMINAL PENALTIES FOR DAMAGING OR DE-
STROYING A FACILITY.
Section 60123(b) of title 49, United States Code, is
amended—
(1) by striking ‘‘or’’ after ‘‘gas pipeline facility’’
and inserting a comma; and
(2) by inserting after ‘‘liquid pipeline facility’’
the following: ‘‘, or either an intrastate gas pipeline
facility or an intrastate hazardous liquid pipeline fa-
cility that is used in interstate or foreign commerce
or in any activity affecting interstate or foreign com-
merce’’.