rived from user fees for fiscal year 2002 and fiscal
year 2003 collected under section 60301 of this
title.’’.
(b) GRANTS
TO
STATES.—Section 60125(c) is
amended to read as follows:
‘‘(c) STATE GRANTS.—Not more than the following
amounts may be appropriated to the Secretary to carry
out section 60107—
‘‘(1) $17,000,000 for fiscal year 2001, of which
$15,000,000 is to be derived from user fees for fis-
cal year 2001 collected under section 60301 of this
title; and
‘‘(2) $20,000,000 for each of the fiscal years
2002 and 2003 of which $18,000,000 is to be de-
rived from user fees for fiscal year 2002 and fiscal
year 2003 collected under section 60301 of this
title.’’.
(c) OIL SPILLS.—Section 60125 is amended by re-
designating subsections (d), (e), and (f) as subsections (e),
(f), (g) and inserting after subsection (c) the following:
‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of the
amounts available in the Oil Spill Liability Trust Fund,
$8,000,000 shall be transferred to carry out programs au-
thorized in this Act for fiscal year 2001, fiscal year 2002,
and fiscal year 2003.’’.
(d) DAMAGE
PREVENTION
ACTIVITIES.—Section
60125 is further amended by adding at the end the fol-
lowing new subsection:
‘‘(h) DAMAGE PREVENTION ACTIVITIES.—Out of
amounts authorized under subsection (a), there are au-
thorized to be appropriated to the Department of Trans-
portation $500,000 for fiscal year 2001, to remain avail-
able for expenditure until the end of fiscal year 2002, to
support damage prevention activities, including public
education and awareness, arising out of the best practices
study conducted under section 6105 of this title.’’.
SEC. 13. 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) HAZARDOUS FACILITY DESIGNATION.—A facility
operated by an operator that fails to take prompt action
to relieve, reassign, or place on leave (with or without com-
pensation) any employee whose duties affect public safety
and whose performance of those duties is a subject of such
an accident investigation until the conclusion of the inves-
tigation is deemed to be hazardous under section 60112.
The Secretary shall take action under section 60112(d)
against that facility.
SEC. 14. PROTECTION OF EMPLOYEES PROVIDING PIPE-
LINE SAFETY INFORMATION.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing 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 be-
cause 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 em-
ployer) or cause to be provided to the employer or
Federal Government information relating to any vio-
lation or alleged 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
alleged violation of any order, regulation, or stand-
ard of the Administration or any other provision of
Federal 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
proceeding; or
‘‘(4) assisted or participated or is about to as-
sist 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
otherwise discriminated against by any person in
violation of subsection (a) may, not later than 90
days after the date on which such violation occurs,
file (or 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 sub-
stance of evidence supporting the complaint, and of
the opportunities that will be afforded to such per-
son 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 named in the complaint an oppor-
tunity to submit to the Secretary of Labor a
written response to the complaint and an oppor-
tunity to meet with a representative of the Sec-
retary to present statements from witnesses,
the Secretary of Labor shall conduct an inves-
tigation and determine whether there is reason-
able cause to believe 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 Labor concludes that there is
reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall
accompany the Secretary’s findings with a pre-
liminary order providing the relief prescribed by
paragraph (3)(B). Not later than 30 days after
the date of notification of findings under this
paragraph, either the person alleged to have
committed the violation or the complainant may
file objections to the findings or preliminary
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 expeditiously. If a hearing is
not requested in such 30-day period, the pre-
liminary 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 subpara-
graph (A) unless the complainant makes a
prima facie showing that any behavior de-
scribed in paragraphs (1) through (4) of
subsection (a) was a contributing factor in
the unfavorable personnel action alleged in
the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the show-
ing required under clause (i), no investiga-
tion otherwise required under subpara-
graph (A) shall be conducted if the em-
ployer demonstrates, by clear and con-
vincing 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 de-
termine 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 unfa-
vorable personnel action alleged in the
complaint.
‘‘(iv) PROHIBITION.—Relief may not
be ordered under subparagraph (A) if the
employer demonstrates by clear and con-
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 pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final
order, a proceeding 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 vio-
lation to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(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 para-
graph, the Secretary of Labor, at the request of
the complainant, shall assess against the person
whom the order is issued a sum equal to the ag-
gregate amount of all costs and expenses (in-
cluding attorney’s and expert witness fees) rea-
sonably incurred, as determined by the Sec-
retary 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
Secretary 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 reason-
able attorney’s fee not exceeding $1,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—
Any person adversely affected 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 circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. 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. Re-
view shall conform to chapter 7 of title 5,
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less 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 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 ap-
propriate 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
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) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 601 is amended by adding at the end the
following:
‘‘60129. Protection of employees providing pipeline safety information.’’.
SEC. 15. PIPELINE SAFETY ADVISORY COUNCIL PILOT PRO-
GRAM.
(a) PILOT PROGRAM.—Within 120 days after the
date of enactment of this Act, the Secretary of Transpor-
tation shall create a Pipeline Safety Advisory Council pilot
program. Under the pilot program, the Secretary shall es-
tablish one or more Pipeline Safety Advisory Councils to
provide advice and recommendations to the Secretary on
a range of hazardous liquid or natural gas transmission
pipeline safety issues affecting pipelines operated in the
State in which the Council is established.
(b) ESTABLISHMENT AND COMPOSITION.—A Council
shall be comprised of 11 members, appointed by the Sec-
retary as follows:
(1) All members shall be residents of the State
in which the pipelines are located the safety of which
that Council is to review and monitor.
(2) The membership shall include representa-
tives of—
(A) the general public (who are not rep-
resentatives of any other category under this
paragraph);
(B) pipeline right-of-way property owners
(who are not representatives of any other cat-
egory under this paragraph);
(C) local governments;
(D) emergency responders;
(E) environmental organizations; and
(F) State officials with jurisdiction over
pipeline safety.
(c) FUNCTIONS.—Each Advisory Council shall pro-
vide advice to the Secretary on pipeline safety regulations
and other matters relating to activities and functions of
the Department of Transportation’s Office of Pipeline
Safety. Each meeting shall be open to the public and the
Council shall maintain minutes of each meeting. Any rec-
ommendations made by a Council shall be available upon
request to other interested parties. In carrying out its ad-
visory duties, each Council shall—
(1) provide advice and recommendations on
policies, permits, and regulations relating to the op-
eration and maintenance of pipeline facilities which
affect the State to the Secretary and the Governor
of the State;
(2) review and comment on proposals for new
pipeline facilities in the State, including issues of
public safety and environmental impact;
(3) submit advice to the Secretary on permits
and standards that would affect the environment
and safety of a pipeline operating in that State;
(4) submit recommendations to the Secretary
and appropriate authorities of the State on stand-
ards to improve pipeline safety, accidental release re-
sponses, emergency preparedness, and efforts to help
the public live safely with pipelines; and
(5) provide an annual report to the Secretary
on its activities and the steps taken in the State to
address its advice and safety recommendations.
(d) FUNDING.—
(1) FUNDING
REQUEST
BY
COUNCIL.—Each
Council shall submit an application for a funding re-
quest to the Secretary, at such time, in such form,
and containing such information as the Secretary
may require, outlining the Council’s budget.
(2) SECRETARY TO APPROVE BUDGET AND PRO-
VIDE FUNDS.—After receiving a request under para-
graph (1) from a Council, the Secretary shall deter-
mine the level of Council funding and may—
(A) utilize funds obtained from fines and
penalties to finance the Council; or
(B) make appropriated funds available to
the Council.
(e) PILOT PROGRAM ASSESSMENT.—A Council estab-
lished under this section shall submit an annual report to
the Secretary. The annual report shall list all activities
undertaken by the Council to improve the safety of pipe-
lines located within its State and what action taken was
by the State and Department of Transportation to address
pipeline operation safety as a result of the Council’s activi-
ties. Based on the submitted annual reports, and any
other material a Council may submit, the Secretary shall
determine the need for continuing and, if appropriate, ex-
panding the pilot program. The Secretary shall report that
determination, together with any recommendations con-
cerning the program, to the House of Representatives
Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transpor-
tation by December 31, 2004.
SEC. 16. FINES AND PENALTIES.
The Inspector General of the Department of Trans-
portation shall conduct an analysis of the Department’s
assessment of fines and penalties on gas transmission and
hazardous liquid pipelines, including the cost of corrective
actions 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
Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure on any
findings and recommendations for actions by the Sec-
retary or Congress to ensure the fines assessed are an ef-
fective deterrent for reducing safety risks.
SEC. 17. 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-
latory obligations to maintain rights-of-way and to protect
public safety.
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