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
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 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
proceeding brought under section 1361 of title 28.
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
employee of a pipeline operator, contractor, or subcon-
tractor who, acting without direction from the pipeline op-
erator, 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 operator.’’.
(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 analysis for
chapter 601 is further amended by adding at the end the
following:
‘‘60133. Protection of employees providing pipeline safety information.’’.
SEC. 20. PIPELINE BRIDGE RISK STUDY.
(a) INITIATION.—Within 90 days after the date of en-
actment of this Act, the Secretary of Transportation shall
initiate a study to determine whether cable-suspension pipe-
line bridges pose structural or other risks warranting par-
ticularized attention in connection with pipeline operators
risk assessment programs and whether particularized in-
spection standards need to be developed by the Department
of Transportation to recognize the peculiar risks posed by
such bridges.
(b) PUBLIC PARTICIPATION AND COMMENTS.—In con-
ducting the study, the Secretary shall provide, to the max-
imum extent practicable, for public participation and com-
ment and shall solicit views and comments from the public
and interested persons, including participants in the pipe-
line industry with knowledge and experience in inspection
of pipeline facilities.
(c) COMPLETION AND REPORT.—Within 1 year after
the date of enactment of this Act, the Secretary shall com-
plete the study and transmit to Congress a report detailing
the results of the study.
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as
the ‘‘Pipeline Infrastructure Protection to En-
hance Security and Safety Act’’.
(b) AMENDMENT OF TITLE 49, UNITED STATES
CODE.—Except as otherwise expressly pro-
vided, 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.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code;
table of contents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Protection of employees providing pipeline safety infor-
mation.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and dem-
onstration.
Sec. 10. Certification of pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.
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 government opera-
tors’’ before the semicolon at the end;
and
(B) in paragraph (2) by inserting
‘‘, including all government and con-
tract excavators’’ before the semi-
colon at the end; and
(2) in subsection (c) by striking ‘‘pro-
vide for’’ and inserting ‘‘provide for and
document’’.
(b) COMPLIANCE
WITH
MINIMUM
STAND-
ARDS.—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 follows:
‘‘§ 6105. Implementation of best practices guidelines
‘‘(a) ADOPTION
OF BEST PRACTICES.—The
Secretary of Transportation shall encourage
States, operators of one-call notification pro-
grams, excavators (including all government
and contract excavators), and underground
facility operators to adopt and implement
practices identified in the best practices re-
port entitled ‘Common Ground’, as periodi-
cally updated.
‘‘(b) 
TECHNICAL
ASSISTANCE.—The 
Sec-
retary shall provide technical assistance to
and participate in programs sponsored by a
non-profit organization specifically estab-
lished for the purpose of reducing construc-
tion-related damage to underground facili-
ties.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may
make grants to a non-profit organization
described in subsection (b).
‘‘(2) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts author-
ized under section 6107, there is author-
ized to be appropriated for making
grants under this subsection $500,000 for
each of fiscal years 2002 through 2005.
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 OPERA-
TORS.
(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 re-
quirement of a one-call notification program
of the State if the program meets the require-
ments for one-call notification programs
under this chapter or chapter 61.’’.
(b) 
MINIMUM
REQUIREMENTS.—Section
60114(a)(2) is amended by inserting ‘‘, includ-
ing 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 ‘‘en-
gages’’;
(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 pipe-
line facility and to other appropriate
authorities; or’’; and
(4) by adding after paragraph (2) the
following:
‘‘Penalties under this subsection may be re-
duced in the case of a violation that is
promptly reported by the violator.’’.
SEC. 4. 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) No employer may discharge any employee
or otherwise discriminate against any em-
ployee with respect to his compensation,
terms, conditions, or privileges of employ-
ment because the employee (or any person
acting pursuant to a request of the em-
ployee)—
‘‘(A) provided, caused to be provided,
or is about to provide or cause to be pro-
vided, 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 pro-
vided, testimony before Congress or at
any Federal or State proceeding regard-
ing any provision (or proposed provision)
of this chapter or any other Federal law
relating to pipeline safety;
‘‘(D) commenced, caused to be com-
menced, 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 pro-
ceeding for the administration or en-
forcement 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 pro-
vided, testimony in any proceeding de-
scribed in subparagraph (D); or
‘‘(F) assisted or participated or is
about to assist or participate in any man-
ner in such a proceeding or in any other
manner in such a proceeding or in any
other action to carry out the purposes of
this chapter or any other Federal law re-
lating to pipeline safety.
‘‘(2) For purposes of 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 per-
son who believes that he or she has been
discharged or otherwise discriminated
against by any person in violation of sub-
section (a) may, not later than 180 days
after the date on which such violation oc-
curs, file (or have any person file on his
or her behalf) a complaint with the Sec-
retary of Labor alleging such discharge
or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall
notify, in writing, the person or persons
named in the complaint and the Sec-
retary of Transportation of the filing of
the complaint, of the allegations con-
tained in the complaint, of the substance
of evidence supporting the complaint,
and of the opportunities that will be af-
forded 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 per-
sons named in the complaint an op-
portunity to submit to the Secretary
of Labor a written response to the
complaint and an opportunity 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 reason-
able 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 Sec-
retary of Labor’s findings. If the Sec-
retary of Labor concludes that there
is reasonable cause to believe that a
violation of subsection (a) has oc-
curred, 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 committed
a violation or the complainant may
file objections to the findings or pre-
liminary order, or both, and request a
hearing on the record. The filing of
such objections shall not operate to
stay any reinstatement remedy con-
tained in the preliminary order. Such
hearings shall be conducted expedi-
tiously. If a hearing is not requested
in such 60-day period, the prelimi-
nary 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 subsection and
shall not conduct an investigation
otherwise required under sub-
paragraph (A) unless the com-
plainant makes a prima facie
showing that any behavior de-
scribed in paragraphs (1) through
(4) of subsection (a) was a con-
tributing factor in the unfavor-
able personnel action alleged in
the complaint.
‘‘(ii) SHOWING
BY
EMPLOYER.—
Notwithstanding a finding by the
Secretary of Labor that the com-
plainant has made the showing
required under clause (i), no in-
vestigation 
otherwise 
required
under subparagraph (A) shall be
conducted if the employer dem-
onstrates, 
by 
clear 
and 
con-
vincing evidence, that the em-
ployer would have taken the same
unfavorable personnel action in
the absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINA-
TION
BY
SECRETARY.—The 
Sec-
retary of Labor may determine
that a violation of subsection (a)
has occurred only if the complain-
ant demonstrates that any behav-
ior described in paragraphs (1)
through (4) of subsection (a) was
a contributing factor in the unfa-
vorable personnel action alleged
in the complaint.
‘‘(iv) PROHIBITION.—Relief may
not be ordered under subpara-
graph (A) 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.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE FOR ISSUANCE; SET-
TLEMENT AGREEMENTS.—Not later than
90 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 settle-
ment agreement entered into by the
Secretary of Labor, the complainant,
and the person or persons alleged to
have committed the violation.
‘‘(B) REMEDY.—If, in response to a
complaint filed under paragraph (1),
the Secretary of Labor determines
that a violation of subsection (a) has
occurred, the Secretary of Labor shall
order the person or persons who com-
mitted such violation to—
‘‘(i) take affirmative action to
abate the violation;
‘‘(ii) reinstate the complainant
to his or her former position to-
gether with the compensation (in-
cluding back pay) and restore the
terms, conditions, and privileges
associated with his or her em-
ployment; 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 complainant, shall
assess against the person or persons
against 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) rea-
sonably incurred, as determined by
the Secretary of Labor, by the com-
plainant for, or in connection with,
the bringing the complaint upon
which the order was issued.
‘‘(C) 
FRIVOLOUS
COMPLAINTS.—If
the Secretary of Labor finds that a
complaint under paragraph (1) is friv-
olous or has been brought in bad
faith, the Secretary of Labor may
award to the prevailing employer a
reasonable attorney’s fee not exceed-
ing $1,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL
TO
COURT
OF
AP-
PEALS.—Any 
person 
adversely 
af-
fected or aggrieved by an order
issued under paragraph (3) may ob-
tain review of the order in the United
States Court of Appeals for the cir-
cuit in which the violation, with re-
spect to which the order was issued,
allegedly occurred or the circuit in
which the complainant resided on the
date of such violation. The petition
for review must be filed not later
than 
days 
after 
the 
date 
of
issuance of the final order of the Sec-
retary of Labor. Review shall conform
to chapter 7 of title 5, United States
Code. The commencement of pro-
ceedings under this subparagraph
shall not, unless ordered 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 sub-
paragraph (A) shall not be subject to
judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT
OF
ORDER
BY
SEC-
RETARY OF LABOR.—Whenever any person
has failed to comply with an order issued
under paragraph (3), the Secretary of
Labor may file a civil action in the
United States district court for the dis-
trict in which the violation was found to
occur to enforce such order. In actions
brought under this paragraph, the dis-
trict 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 PAR-
TIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A
person on whose behalf an order was
issued under paragraph (3) may com-
mence a civil action against the per-
son or persons 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 citi-
zenship of the parties, to enforce such
order.
‘‘(B) ATTORNEY
FEES.—The court,
in issuing any final order under this
paragraph, may award costs of litiga-
tion (including reasonable attorney
and expert witness fees) to any party
whenever the court determines such
award costs is appropriate.
‘‘(c) 
MANDAMUS.—Any 
nondiscretionary
duty imposed by this section shall be enforce-
able in a mandamus proceeding brought
under section 1361 of title 28, United States
Code.
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO-
LATIONS.—Subsection (a) shall not apply with
respect to an action of an employee of an em-
ployer who, acting without direction from the
employer (or such employer’s agent), delib-
erately causes a violation of any requirement
relating to pipeline safety under this chapter
or any other law of the United States.’’.
(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
violation of section 60129 or an order issued
thereunder.’’.
(c) CONFORMING AMENDMENT.—The chap-
ter analysis for chapter 601 is amended by
adding at the end the following:
‘‘60129. Protection of employees providing pipeline safety infor-
mation.’’.
SEC. 5. SAFETY ORDERS.
Section 60117 is amended by adding at the
end the following:
‘‘(l) SAFETY ORDERS.—If the Secretary de-
cides that a pipeline facility has a potentially
unsafe condition, the Secretary may order the
operator of the facility to take necessary cor-
rective action, including physical inspection,
testing, repair, replacement, or other appro-
priate action to remedy the unsafe condi-
tion.’’.
SEC. 6. PENALTIES.
(a) PIPELINE FACILITIES HAZARDOUS TO LIFE
AND PROPERTY.—
(1) 
GENERAL
AUTHORITY.—Section
60112(a) is amended to read as follows:
‘‘(a) GENERAL
AUTHORITY.—After notice
and an opportunity for a hearing, the Sec-
retary of Transportation may decide that a
pipeline facility is hazardous if the Secretary
decides that—
‘‘(1) operation of the facility is or
would be hazardous to life, property, or
the environment; or
‘‘(2) the facility is or would be con-
structed 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 envi-
ronment.’’.
(2) CORRECTIVE ACTION ORDERS.—Sec-
tion 60112(d) is amended by striking ‘‘is
hazardous’’ and inserting ‘‘is or would be
hazardous’’.
(b) ENFORCEMENT.—(1) Section 60122(a)(1)
is amended—
(A) by striking ‘‘$25,000’’ and inserting
‘‘$100,000’’; and
(B) by striking ‘‘$500,000’’ and insert-
ing ‘‘$1,000,000’’.
(2) Section 60122(b) is amended by strik-
ing ‘‘under this section’’ and all that follows
through paragraph (4) and inserting ‘‘under
this section—
‘‘(1) the Secretary shall consider—
‘‘(A) the nature, circumstances,
and gravity of the violation, including
adverse impact on the environment;
‘‘(B) with respect to the violator,
the degree of culpability, any history
of prior violations, the ability to pay,
and any effect on ability to continue
doing business; and
‘‘(C) good faith in attempting to
comply; and
‘‘(2) the Secretary may consider—
‘‘(A) the economic benefit gained
from the violation without any reduc-
tion because of subsequent damages;
and
‘‘(B) other matters that justice re-
quires.’’.
(3) Section 60120(a)(1) is amended by
striking the second sentence and inserting
the following: ‘‘The Attorney General may
seek appropriate relief in such action, includ-
ing a temporary or permanent injunction, pu-
nitive damages, and assessment of civil pen-
alties, and the court may award such relief as
appropriate.’’.
SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COM-
MUNITIES.
(a) GRANT AUTHORITY.—The Secretary of
Transportation may make grants for tech-
nical assistance to local communities and
groups of individuals (not including for-profit
entities) relating to the safety of pipelines in
local communities. The Secretary shall estab-
lish competitive procedures for awarding
grants under this section, and criteria for se-
lection of grant recipients. The amount of any
grant under this section may not exceed
$50,000 for a single grant recipient. The Sec-
retary shall establish appropriate procedures
to ensure the proper use of funds provided
under this section.
(b) PROHIBITED
USES.—Funds provided
under this section may not be used for lob-
bying or in direct support of litigation.
(c) AUTHORIZATION
OF APPROPRIATIONS.—
There are authorized to be appropriated to
the Secretary of Transportation for carrying
out this section $1,000,000 for each of the fis-
cal years 2003 through 2006. Such amounts
shall not be derived from user fees collected
under section 60301.
SEC. 8. POPULATION ENCROACHMENT.
Section 60127 is amended to read as fol-
lows:
‘‘§ 60127. Population encroachment
‘‘(a) STUDY.—The Secretary of Transpor-
tation, in conjunction with the Federal En-
ergy Regulatory Commission and in consulta-
tion with appropriate Federal agencies and
State and local governments, shall undertake
a study of land use practices and zoning ordi-
nances with regard to pipeline rights-of-way.
‘‘(b) PURPOSE OF STUDY.—The purpose of
the study shall be to gather information on
land use practices and zoning ordinances—
‘‘(1) to determine effective practices
to limit encroachment on existing pipe-
line rights-of-way;
‘‘(2) to address and prevent the haz-
ards and risks to the public, pipeline
workers, and the environment associated
with encroachment on pipeline rights-of-
way; and
‘‘(3) to raise the awareness of the
risks and hazards of encroachment on
pipeline rights-of-way.
‘‘(c) CONSIDERATIONS.—In conducting the
study, the Secretary shall consider, at a min-
imum, the following:
‘‘(1) The legal authority of Federal
agencies and State and local governments
in controlling land use and the limita-
tions 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 encour-
age Federal agencies and State and local
governments to monitor and reduce en-
croachment 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 or-
dinances that are most successful in ad-
dressing issues of encroachment on pipe-
line rights-of-way so as to more effec-
tively 
protect 
public 
safety, 
pipeline
workers, and the environment.
‘‘(2) DISTRIBUTION
OF
REPORT.—The
Secretary shall provide a copy of the re-
port to—
‘‘(A) Congress and appropriate
Federal agencies; and
‘‘(B) States for further distribu-
tion to appropriate local authorities.
‘‘(3) ADOPTION OF PRACTICES, LAWS, AND
ORDINANCES.—The Secretary shall encour-
age Federal agencies and State and local
governments to adopt and implement ap-
propriate practices, laws, and ordinances,
as identified in the report, to address the
risks and hazards associated with en-
croachment 
upon 
pipeline 
rights-of-
way.’’.
SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
(a) ESTABLISHMENT OF COOPERATIVE PRO-
GRAM.—
(1) IN GENERAL.—The Secretary of En-
ergy, in cooperation with the Secretary of
Transportation and the Director of the
National Institute of Standards and Tech-
nology, shall develop and implement a
program of research, development, dem-
onstration, and standardization to ensure
the integrity of energy pipelines and
next-generation pipelines.
(2) ELEMENTS.—The program shall in-
clude research, development, demonstra-
tion, and standardization activities re-
lated to—
(A) materials inspection;
(B) stress and fracture analysis,
detection of cracks, corrosion, abra-
sion, and other abnormalities inside
pipelines that lead to pipeline failure,
and development of new equipment
or technologies that are inserted into
pipelines to detect anomalies;
(C) internal inspection and leak
detection technologies, including de-
tection of leaks at very low volumes;
(D) methods of analyzing content
of pipeline throughput;
(E) pipeline security, including
improving the real-time surveillance
of pipeline rights-of-way, developing
tools for evaluating and enhancing
pipeline security and infrastructure,
reducing natural, technological, and
terrorist threats, and protecting first
response units and persons near an
incident;
(F) risk assessment methodology,
including 
vulnerability 
assessment
and reduction of third-party damage;
(G) communication, control, and
information systems surety;
(H) fire safety of pipelines;
(I) 
improved 
excavation, 
con-
struction, and repair technologies;
and
(J) other elements the Secretary
of Energy, in cooperation with the
Secretary of Transportation and the
Director of the National Institute of
Standards and Technology, considers
appropriate.
(3) ACTIVITIES
AND
CAPABILITIES
RE-
PORT.—Not later than 6 months after the
date of the enactment of this Act, the Sec-
retary of Energy, in cooperation with the
Secretary of Transportation and the Di-
rector of the National Institute of Stand-
ards and Technology, shall transmit to
the Congress a report on the existing ac-
tivities and capabilities of the Depart-
ment of Energy, including the national
laboratories, the Department of Trans-
portation, and the National Institute of
Standards and Technology. The report
shall include the results of a survey by
the Secretary of Energy, in cooperation
with the Secretary of Transportation and
the Director of the National Institute of
Standards and Technology, of any activi-
ties of other Federal agencies that are
relevant to or could supplement existing
research, 
development, 
demonstration,
and standardization activities under the
program created under this section.
(b) PROGRAM PLAN.—
(1) IN GENERAL.—Not later than 1 year
after the date of the enactment of this
Act, the Secretary of Energy, in coopera-
tion with the Secretary of Transportation
and the Director of the National Institute
of Standards and Technology, shall pre-
pare and transmit to Congress a 5-year
program plan to guide activities under
this section. Such program plan shall be
submitted to the Pipeline Integrity Tech-
nical Advisory Committee established
under subsection (c) for review, and the
report to Congress shall include the com-
ments of the Advisory Committee. The 5-
year program plan shall take into ac-
count related activities of all Federal
agencies.
(2) CONSULTATION.—In preparing the
program plan, the Secretary of Energy, in
cooperation with the Secretary of Trans-
portation and the Director of the Na-
tional Institute of Standards and Tech-
nology, shall consult with appropriate
representatives of State and local govern-
ment and the private sector, including
companies owning energy pipelines and
developers of next-generation pipelines,
to help establish program priorities.
(3) ADVICE FROM OTHER ENTITIES.—In
preparing the program plan, the Sec-
retary of Energy, in cooperation with the
100
Secretary of Transportation and the Di-
rector of the National Institute of Stand-
ards and Technology, shall also seek the
advice of other Federal agencies, utilities,
manufacturers, 
institutions 
of 
higher
learning, pipeline research institutions,
national laboratories, environmental or-
ganizations, pipeline safety advocates,
professional and technical societies, labor
unions, and any other appropriate enti-
ties.
(c) PIPELINE INTEGRITY TECHNICAL ADVI-
SORY COMMITTEE.—
(1) ESTABLISHMENT.—The Secretary of
Energy, in cooperation with the Sec-
retary of Transportation and the Director
of the National Institute of Standards
and Technology, shall establish and man-
age a Pipeline Integrity Technical Advi-
sory Committee (in this subsection re-
ferred to as the ‘‘Advisory Committee’’).
The Advisory Committee shall be estab-
lished not later than 6 months after the
date of the enactment of this Act.