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‘‘(2) MANDATORY
TERMINATION
OF
AGREE-
MENT.—The Secretary shall terminate an agreement
with a State authority for participation in the over-
sight of interstate pipeline transportation if the Sec-
retary finds that—
‘‘(A) the implementation of the agreement
has resulted in a deficiency in the oversight re-
sponsibilities of intrastate pipeline transpor-
tation by the State authority;
‘‘(B) the State actions under the agree-
ment have failed to meet the requirements
under subsection (b); or
‘‘(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation would not promote pipeline safe-
ty.
‘‘(3) PROCEDURAL REQUIREMENTS.—
‘‘(A) NOTICE
AND
HEARING.—The Sec-
retary shall provide notice and an opportunity
for a hearing to a State authority before termi-
nating an agreement under this section.
‘‘(B) OPPORTUNITY FOR CORRECTIVE AC-
TION.—The Secretary may provide a State an
opportunity to correct any deficiencies before
terminating the agreement.
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‘‘(C) PUBLICATION
OF
TERMINATION.—
The finding and decision to terminate the
agreement shall be published in the Federal
Register and may not become effective for at
least 15 days after the date of the publication
unless the Secretary finds that continuation of
the agreement poses an imminent hazard.’’.
(c) SAVINGS PROVISION FOR EXISTING AGREEMENTS
WITH STATES.—
(1) TEMPORARY CONTINUATION.—If requested
by a State authority that, on the date of the enact-
ment of this Act, has in effect an interstate agree-
ment to oversee interstate pipeline transportation
that was entered into after January 2000, the Sec-
retary of Transportation shall authorize the State
authority to oversee interstate pipeline transpor-
tation pursuant to the terms of that agreement until
the earlier of—
(A) the date on which the Secretary deter-
mines that the State meets the requirements of
paragraph (2) of section 60106(b) of title 49,
United States Code (as added by subsection
(a)), and executes a new agreement under that
section; or
(B) December 31, 2002.
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(2) CONSTRUCTION.—Nothing in this sub-
section shall prevent the Secretary, after providing
the State authority with a notice, an opportunity for
a hearing, and an opportunity to correct any alleged
deficiencies, from terminating an agreement that
was in effect before the date of the enactment of this
Act if the Secretary determines that—
(A) the State authority fails to comply
with the terms of the agreement;
(B) the implementation of the agreement
has resulted in a deficiency in the performance
of oversight responsibilities of intrastate pipe-
line transportation by the State authority; or
(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation has had an adverse impact on
pipeline safety.
SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.
(a) IMPROVEMENT
OF PIPELINE INCIDENT RE-
PORTS.—
(1) REQUIREMENT.—The Secretary of Trans-
portation shall make such revisions of the casual
categories on pipeline incident report forms as the
Secretary determines necessary to eliminate overlap-
ping and confusing categories and subcategories. In
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making the revisions, the Secretary shall take into
account the data collected under the plan developed
under paragraph (2).
(2) DATA COLLECTION PLAN.—Not later than
one year after the date of the enactment of this Act,
the Secretary shall develop and implement a com-
prehensive plan for collecting data on gas and haz-
ardous liquid pipeline facilities and for using the
data in making the revisions called for under para-
graph (1). The plan shall provide for the perform-
ance of sound incident trend analysis and evalua-
tions of pipeline operator performance using normal-
ized accident data.
(b) REPORTS
OF RELEASES EXCEEDING 5 GAL-
LONS.—Section 60117(b) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘To’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting before the last sentence the fol-
lowing:
‘‘(2)(A) A person owning or operating a hazardous
liquid pipeline facility regulated under this chapter shall
report to the Secretary each release of more than five gal-
lons of hazardous liquid, and each release of more than
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five gallons of carbon dioxide, from the facility to the envi-
ronment while being transported through the facility.
‘‘(B) A report under this paragraph shall include the
following:
‘‘(i) The location of the release.
‘‘(ii) Any fatalities or personal injuries.
‘‘(iii) The type of product.
‘‘(iv) The amount of product released.
‘‘(v) The cause or causes of the release.
‘‘(vi) The extent of any damage to property or
the environment.
‘‘(vii) The response undertaken to clean up the
product released and the effects of the release.
‘‘(3) During the course of an incident investigation,
a person owning or operating a pipeline facility shall make
records, reports, and information required under sub-
section (a) or other reasonably described records, reports,
and information relevant to the incident investigation,
available to the Secretary within the time limits prescribed
in a written request made by the Secretary.’’; and
(4) by indenting the first word of the last sen-
tence and inserting ‘‘(4)’’ before ‘‘The Secretary’’ in
that sentence.
(c) REFERENCES
TO
PENALTY
AUTHORITIES.—
Chapter 601 is amended—
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(1) 
in 
section 
60122(a)(1) 
by 
striking
‘‘60114(c)’’ and inserting ‘‘60117(b)(3)’’; and
(2) in section 60123(a) by striking ‘‘60114(c),’’
and inserting ‘‘60117(b)(3),’’.
(d) ESTABLISHMENT OF NATIONAL DEPOSITORY.—
Section 60117 is amended by adding at the end the fol-
lowing:
‘‘(l) NATIONAL DEPOSITORY.—The Secretary shall
establish a national depository of data on events and con-
ditions, including spill histories and corrective actions for
specific incidents, that can be used to evaluate the risk
of, and to prevent, pipeline failures and releases. The Sec-
retary shall administer the program through the Director
of the Bureau of Transportation Statistics, in cooperation
with the Administrator of the Research and Special Pro-
grams Administration, and shall make such information
available on the Internet and for use by State and local
planning and emergency response authorities and the pub-
lic.’’.
SEC. 11. RESEARCH AND DEVELOPMENT.
(a) INNOVATIVE TECHNOLOGY DEVELOPMENT.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall require that the research and develop-
ment program of the Department of Transportation
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include research that is directed toward the develop-
ment of alternative technologies—
(A) to expand the capabilities of internal
inspection devices to identify and accurately
measure defects and anomalies;
(B) to inspect pipelines that cannot accom-
modate internal inspection devices available on
the date of the enactment of this Act;
(C) to develop innovative techniques meas-
uring the structural integrity of pipelines;
(D) to improve the capability, reliability,
and practicality of external leak detection de-
vices; and
(E) to develop and improve alternative
technologies to identify and monitor outside
force damage to pipelines.
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary may participate in additional technological de-
velopment under this subsection through cooperative
agreements entered into with trade associations, aca-
demic institutions, or other qualified organizations.
(b) PIPELINE SAFETY AND RELIABILITY RESEARCH
AND DEVELOPMENT.—
(1) REQUIREMENT FOR PROGRAM.—The Sec-
retary of Transportation, in coordination with the
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Secretary of Energy, shall develop and implement an
accelerated cooperative program of research and de-
velopment to ensure the integrity of natural gas and
hazardous liquid pipelines. The research and devel-
opment program—
(A) shall include materials inspection tech-
niques, risk assessment methodology, and infor-
mation systems surety; and
(B) shall complement, and not replace, the
research program of the Department of Energy
addressing natural gas pipeline issues that is in
place on the date of the enactment of this Act.
(2) PURPOSE.—The purpose of the cooperative
research program shall be to promote pipeline safety
research and development to—
(A) ensure long-term safety, reliability and
service life for existing pipelines;
(B) expand capabilities of internal inspec-
tion devices to identify and accurately measure
defects and anomalies;
(C) develop inspection techniques for pipe-
lines that cannot accommodate the internal in-
spection devices available on the date of enact-
ment;
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(D) develop innovative techniques to meas-
ure the structural integrity of pipelines to pre-
vent pipeline failures;
(E) develop improved materials and coat-
ings for use in pipelines;
(F) improve the capability, reliability, and
practicality of external leak detection devices;
(G) identify underground environments
that might lead to shortened service life;
(H) enhance safety in pipeline siting and
land use;
(I) minimize the environmental impact of
pipelines;
(J) demonstrate technologies that improve
pipeline safety, reliability, and integrity;
(K) provide risk assessment tools for opti-
mizing risk mitigation strategies; and
(L) provide highly secure information sys-
tems for controlling the operation of pipelines.
(3) POTENTIAL AREAS FOR RESEARCH AND DE-
VELOPMENT.—In carrying out this subsection, the
Secretary of Transportation, in coordination with
the Secretary of Energy, shall consider research and
development on natural gas, crude oil, and other and
petroleum product pipelines for—
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(A) early crack, defect, and damage detec-
tion, including real-time damage monitoring;
(B) automated internal pipeline inspection
sensor systems;
(C) land use guidance and set-back man-
agement along pipeline rights-of-way for com-
munities;
(D) internal corrosion control;
(E) corrosion-resistant coatings;
(F) improved cathodic protection;
(G) inspection techniques where internal
inspection is not feasible, including measure-
ment of structural integrity;
(H) external leak detection, including port-
able real-time video imaging technology, and
the advancement of computerized control center
leak detection systems utilizing real-time remote
field data input;
(I) longer life, high strength, noncorrosive
pipeline materials;
(J) assessment of the remaining strength
of existing pipes;
(K) risk and reliability analysis models to
be used to identify, on the basis of an analysis
of data obtained from a pipeline performance
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tracking initiative, safety improvements that
could be realized in the near term;
(L) identification, monitoring (including
monitoring by satellite surveillance), and pre-
vention of outside force damage; and
(M) any other areas necessary for ensuring
the public safety and protecting the environ-
ment.
(4) POINTS OF CONTACT.—
(A) IN GENERAL.—To coordinate and im-
plement the research and development pro-
grams and activities authorized under this
subsection—
(i) the Secretary of Transportation
shall designate, as the point of contact for
the Department of Transportation, an offi-
cer of the Department of Transportation
who has been appointed by the President,
by and with the advice and consent of the
Senate; and
(ii) the Secretary of Energy shall des-
ignate, as the point of contact for the De-
partment of Energy, an officer of the De-
partment of Energy who has been ap-
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pointed by the President, by and with the
advice and consent of the Senate.
(B) DUTIES.—
(i) DUTY
PRIMARILY
OF
DOT
OFFI-
CIAL.—The point of contact for the De-
partment of Transportation shall have the
primary responsibility for coordinating and
overseeing the implementation of the re-
search, development, and demonstration
program plan under paragraph (5).
(ii) JOINT
DUTIES.—The points of
contact designated under subparagraph
(A) shall jointly assist in arranging cooper-
ative agreements for research, develop-
ment, and demonstration that involve their
respective departments, national labora-
tories, universities, and industry research
organizations.
(5) RESEARCH AND DEVELOPMENT PROGRAM
PLAN.—
(A) REQUIREMENT FOR PLAN.—
(i) IN
GENERAL.—Within 240 days
after the date of the enactment of this Act,
the Secretary of Transportation shall pre-
pare and submit to Congress a 5-year pro-
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gram plan to guide activities under this
subsection.
(ii) COORDINATION
AND
CONSULTA-
TION REQUIREMENTS.—In the preparation
of the program plan, the Secretary shall
coordinate with the Secretary of Energy
and the Pipeline Integrity Technical Advi-
sory Committee (established under section
12) and shall consult with appropriate rep-
resentatives of the natural gas, crude oil,
and petroleum product pipeline industries
to select and prioritize appropriate project
proposals.
(iii) OTHER SOURCES OF ADVICE.—
The Secretary may also seek the advice of
representatives of utilities, manufacturers,
institutions of higher education, Federal
agencies, the pipeline research institutions,
national laboratories, State pipeline safety
authorities, environmental organizations,
pipeline safety advocates, and professional
and technical societies.
(B) IMPLEMENTATION OF PLAN.—
(i) PRIMARY
RESPONSIBILITY.—The
Secretary of Transportation shall have pri-
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mary responsibility for ensuring that the
5-year plan provided for in subparagraph
(A) is implemented as intended.
(ii) AUTHORIZED FORMS OF AGREE-
MENTS.—In carrying out the research, de-
velopment, and demonstration activities
under this subsection, the Secretary of
Transportation and the Secretary of En-
ergy may use, to the extent authorized
under applicable provisions of law, con-
tracts, cooperative agreements, cooperative
research 
and 
development 
agreements
under the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et
seq.), grants, joint ventures, other trans-
actions, and any other form of agreement
available to the Secretary consistent with
the recommendations of the Advisory Com-
mittee.
(C) ANNUAL REPORT TO CONGRESS.—The
Secretary of Transportation shall report to
Congress annually as to the status and results
of the implementation of the research and de-
velopment program plan. The report shall in-
clude a discussion of the activities of the De-
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partment of Transportation, the Department of
Energy, the national laboratories, universities,
and any other research organizations, including
industry research organizations.
SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall enter into appropriate arrangements with the
National Academy of Sciences to establish and manage the
Pipeline Integrity Technical Advisory Committee for the
purpose of advising the Secretary of Transportation and
the Secretary of Energy on the development and imple-
mentation of the 5-year research, development, and dem-
onstration program plan under section 11(b)(5). The Ad-
visory Committee shall have an ongoing role in evaluating
the progress and results of the research, development, and
demonstration carried out under that section.
(b) 
MEMBERSHIP.—The 
National 
Academy 
of
Sciences shall appoint the members of the Pipeline Integ-
rity Technical Advisory Committee after consultation with
the Secretary of Transportation and the Secretary of En-
ergy. Members appointed to the Advisory Committee
should have the qualifications necessary to provide tech-
nical contributions for the work of the Advisory Com-
mittee.
•HR 459 IH1S
SEC. 13. DAMAGE PREVENTION.
(a) DEVELOPMENT OF STRATEGIC PLAN.—The Sec-
retary of Transportation shall develop and implement a
strategic plan to reduce, within four years after the date
of enactment of this Act, the annual number of accidental
releases from pipelines regulated under chapter 601 of
title 49, United States Code, that are caused by damage
by outside force by 25 percent below the number for the
year in which this Act is enacted.
(b) CONTENT OF PLAN.—The strategic plan shall in-
clude, at a minimum, a description of the efforts of the
Secretary—
(1) to expand and improve public education ac-
tivities to inform excavators, facility operators, em-
ployees of State and local highway departments, and
the public about the importance of preventing dam-
age to pipelines and underground facilities and the
importance of pipeline rights-of-way;
(2) to expand the Secretary’s judicial and pros-
ecutorial education activities and campaigns to in-
crease awareness of the importance of preventing
damage to pipelines and underground facilities;
(3) to advance technology to improve contact
with one-call notification systems and to help mark
and locate pipelines and associated facilities before
any excavation activity begins;
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(4) to identify, validate, and promote technology
transfer of the best practices used to prevent dam-
age to underground facilities and to update the re-
port entitled ‘‘Common Ground’’; and
(5) to develop means to implement rec-
ommendations specified in ‘‘Common Ground’’.
(c) REPORT TO CONGRESS.—Not later than 90 days
after the date of the enactment of this Act, the Secretary
shall transmit to Congress a report containing the stra-
tegic plan.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS AND OTHER
FUNDING AUTHORIZATIONS.
(a) 
GAS
AND
HAZARDOUS
LIQUIDS.—Section
60125(a) is amended to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
For carrying out this chapter and other pipeline-re-
lated damage prevention activities of this title (ex-
cept for sections 60107 and 60116(e)), funds are
authorized to be appropriated to the Department of
Transportation for periods and in amounts as fol-
lows:
‘‘(A) For fiscal year 2002, $41,500,000, of
which $31,500,000 is to be derived from user
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fees collected for fiscal year 2002 under section
60301 of this title.
‘‘(B) For each of the fiscal years 2003 and
2004, $45,000,000, of which $34,000,000 is to
be derived from user fees collected for each of
fiscal year 2003 and fiscal year 2004, respec-
tively, under section 60301 of this title.
‘‘(2) ALLOCATIONS
FOR
RESEARCH.—Of the
amounts appropriated pursuant to paragraph (1) for
a fiscal year, not less than the following amounts
shall be used for research of pipeline safety tech-
nologies described in section 11 of the Pipeline Safe-
ty Enhancement Act of 2001:
‘‘(A) $5,000,000 for fiscal year 2002.
‘‘(B) $5,500,000 for fiscal year 2003.
‘‘(C) $6,000,000 for fiscal year 2004.’’.
(b) GRANTS TO STATES.—Section 60125 is amended
by striking subsections (b) and (c) and inserting the fol-
lowing:
‘‘(c) STATE GRANTS.—Not more than the following
amounts may be appropriated to the Secretary to carry
out section 60107:
‘‘(1) For fiscal year 2002, $21,000,000, of
which $18,000,000 is to be derived from collected
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user fees for fiscal year 2002 under section 60301
of this title.
‘‘(2) For each of fiscal years 2003 and 2004,
$25,000,000, of which $22,000,000 is to be derived
from user fees collected for each of fiscal year 2003
and fiscal year 2004, respectively, under section
60301 of this title.’’.
(c) EMERGENCY
RESPONSE
GRANTS
AND
OIL
SPILLS.—Section 60525 is amended by redesignating sub-
sections (d), (e), and (f) as subsections (e), (f), (g) and
by inserting after subsection (b) the following:
‘‘(c) EMERGENCY RESPONSE GRANTS.—There is au-
thorized to be appropriated to carry out section 60116(e)
$6,000,000 for each of fiscal years 2002, 2003, and
2004.’’
(d) PIPELINE INTEGRITY PROGRAM.—
(1) DEPARTMENT
OF
TRANSPORTATION.—Of
the amounts available in the Oil Spill Liability Trust
Fund established by section 9509 of the Internal
Revenue 
Code 
of 
1986 
(26 
U.S.C. 
9509),
$5,000,000 shall be transferred to the Secretary of
Transportation for each of fiscal years 2002 through
2006 to carry out programs for detection, preven-
tion, and mitigation of oil spills under sections 11(b)
and 12 of this Act. Amounts transferred under this
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paragraph are in addition to amounts authorized to
be appropriated under section 60125(d) of title 49,
United States Code, as added by subsection (c)(2).
(2) AUTHORIZATION OF APPROPRIATIONS FOR
DOE.—There are authorized to be appropriated to
the Secretary of Energy for each of the fiscal years
2002 through 2006 such sums as may be necessary
for carrying out sections 11(b) and 12 of this Act.
SEC. 15. PROTECTION OF EMPLOYEES PROVIDING PIPE-
LINE SAFETY INFORMATION.
(a) IN GENERAL.—Chapter 601, as amended by sec-
tion 4(a), is further amended by adding at the end the
following:
‘‘§ 60130. Protection of employees providing pipeline
safety information
‘‘(a) DISCRIMINATION AGAINST PIPELINE EMPLOY-
EES.—No operator of a pipeline facility, and no contractor
or subcontractor involved in the operation of a pipeline
facility, may discharge an employee or otherwise discrimi-
nate against an employee with respect to compensation,
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 em-
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ployer) or cause to be provided to the employer or
Federal Government information relating to any vio-
lation or alleged violation of any provision of this
chapter or of any other law of the United States
relating to pipeline safety or any order, regulation,
or standard issued under this chapter;
‘‘(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 such viola-
tion or any such alleged violation;
‘‘(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) FILING.—A person who believes that
he or she has been discharged or otherwise dis-
criminated 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.
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‘‘(B) NOTIFICATION.—Upon receipt of
such a complaint, the Secretary of Labor shall
transmit to the person named in the complaint
and the Administrator of the Research and Spe-
cial Programs Administration a written notifi-
cation of the filing of the complaint the allega-
tions contained in the complaint, the substance
of evidence supporting the complaint, and the
opportunities that are afforded to such person
under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) INVESTIGATION.—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, the Secretary
shall—
‘‘(i) conduct an investigation and de-
termine whether there is reasonable cause
to believe that the complaint has merit;
and
‘‘(ii) transmit to the complainant and
the person alleged to have committed a vio-
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lation of subsection (a) a written notifica-
tion of the Secretary’s findings.
‘‘(B) ORDER FOR RELIEF.—
‘‘(i) PRELIMINARY
ORDER.—If the
Secretary of Labor concludes that there is
reasonable cause to believe that a violation
of subsection (a) has occurred, the Sec-
retary shall accompany the Secretary’s
findings with a preliminary order providing
the relief prescribed by paragraph (3)(B).
‘‘(ii) OBJECTIONS
AND
HEARING.—
Not later than 30 days after the date of
notification of findings under this para-
graph, either the person alleged to have
committed the 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 re-
instatement remedy contained in the pre-
liminary order. A hearing granted under
this clause shall be conducted expedi-
tiously.
‘‘(iii) FINALITY
OF
ORDER.—If a
hearing is not requested within such 30-
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day period, the preliminary order shall,
upon the expiration of that period, become
a final order that is not subject to judicial
review.
‘‘(C) BURDENS OF PROOF.—
‘‘(i) INITIAL SHOWING BY COMPLAIN-
ANT.—The Secretary of Labor shall dis-
miss 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) 
INITIAL
SHOWING
BY
EM-
PLOYER.—Notwithstanding 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 demonstrates, by clear and
convincing evidence, that the employer
would have taken the same unfavorable
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personnel action in the absence of that be-
havior.
‘‘(iii) SUBSTANTIATION BY COMPLAIN-
ANT.—The Secretary may determine that a
violation of subsection (a) has occurred
only if the complainant demonstrates that
any behavior described in paragraphs (1)
through (4) of subsection (a) was a con-
tributing factor in the unfavorable per-
sonnel action alleged in the complaint.
‘‘(iv) REBUTTAL BY EMPLOYER.—Re-
lief may not be ordered under subpara-
graph (A) if the employer demonstrates by
clear and convincing evidence that the em-
ployer would have taken the same unfavor-
able 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 the conclusion of a hearing
under paragraph (2), the Secretary of Labor
shall issue a final order providing relief pre-
scribed in subparagraph (B) or denying the
complaint. At any time before issuance of a
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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 for the complainant the terms, condi-
tions, and privileges associated with his or
her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
‘‘(C) ASSESSMENT OF COSTS.—If an order
described in subparagraph (B) is issued in the
case of a complaint, the Secretary of Labor, at
the request of the complainant, shall assess
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against the person whom the order is issued a
sum equal to the aggregate amount of all costs
and expenses (including attorney’s and expert
witness fees) reasonably incurred, as deter-
mined by the Secretary of Labor, by the com-
plainant for, or in connection with, the bringing
of the complaint.
‘‘(D) 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 the
issuance of the final order of the Secretary of
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Labor. The review shall conform to chapter 7 of
title 5. The commencement of proceedings
under this subparagraph shall not, unless or-
dered by the court, operate as a stay of the
order.
‘‘(B) LIMITATION
OF
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which a 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.—
‘‘(A) 
COMMENCEMENT
OF
ACTION.—
Whenever a 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 a district in which the
violation was found to occur to enforce such
order.
‘‘(B) 
REMEDIES.—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.
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‘‘(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 the order was
issued to require compliance with the order.
‘‘(B) JURISDICTION.—The United States
district courts shall have jurisdiction to enforce
such order without regard to the amount in
controversy or the citizenship of the parties.
‘‘(C) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney’s and expert witness’ fees) to any
party whenever the court determines that 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, contractor or subcontractor who,
acting without direction from the pipeline contractor or
subcontractor (or such person’s agent), deliberately causes
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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 60130, or an order
issued under that section, is liable to the United States
Government for a civil penalty of not more than $1,000
for each such violation. The penalties provided by para-
graph (1) do not apply to a violation of section 60130 or
an order issued thereunder.’’.
(c) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 601, as amended by sec-
tion 4(a), is further amended by adding at the end the
following:
‘‘60130. Protection of employees providing pipeline safety information.’’.
SEC. 16. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
Within 90 days after receiving recommendations for
improvements to pipeline safety from an advisory com-
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
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reasons for acting or not acting upon any of the rec-
ommendations.
SEC. 17. STUDY OF FINES AND PENALTIES IMPOSABLE BY
THE DEPARTMENT OF TRANSPORTATION.
(a) REQUIREMENT FOR STUDY.—The Inspector Gen-
eral of the Department of Transportation shall conduct
an analysis of the Department’s assessment of fines and
penalties on gas transmission pipelines and hazardous liq-
uid pipelines, including the cost of corrective actions re-
quired by the Department in lieu of fines.
(b) REPORT TO CONGRESS.—
(1) REQUIREMENT
FOR
REPORT.—Not later
than six months after the date of the enactment of
this Act, the Inspector General shall submit to the
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Rep-
resentatives a report on the study.
(2) CONTENT OF REPORT.—The report shall in-
clude the Inspector General’s findings and any rec-
ommendations for actions by the Secretary or Con-
gress that the Inspector General considers necessary
to ensure that the fines assessed are an effective de-
terrent for reducing pipeline safety risks.
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SEC. 18. STUDY OF PIPELINE RIGHTS-OF-WAY AND THE EN-
VIRONMENT.
(a) AUTHORITY.—The Secretary of Transportation is
authorized to conduct a study on how best to preserve en-
vironmental resources in conjunction with maintaining
pipeline rights-of-way.
(b) REQUIRED CONSIDERATION.—Any study con-
ducted under this section shall recognize pipeline opera-
tors’ regulatory obligations to maintain rights-of-way and
to protect public safety.
SEC. 19. STUDY OF POPULATION ENCROACHMENT.
(a) REQUIREMENT FOR STUDY.—The Secretary of
Transportation, in consultation with the heads of appro-
priate Federal agencies and representatives of appropriate
State and local governments, shall undertake a study of
land use practices and zoning ordinances that affect pipe-
line rights-of-way.
(b) PURPOSE.—The purpose of the study shall be to
gather information on land use practices and zoning
ordinances—
(1) to determine effective practices to limit en-
croachment on existing pipeline rights-of-way;
(2) to address and prevent the hazards and
risks to the public and the environment associated
with encroachment on pipeline rights-of-way; and
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(3) to increase 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 minimum, the following:
(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 Fed-
eral agencies and State and local governments to
monitor and reduce encroachment upon pipeline
rights-of-way.
(d) REPORT.—
(1) ISSUANCE
AND
PUBLICATION.—Not later
than one year after the date of the enactment of this
Act, the Secretary shall issue and publish a report
identifying practices, laws, and ordinances that are
most successful in addressing issues of encroach-
ment on pipeline rights-of-way so as to more effec-
tively protect public safety and the environment.
(2) DISTRIBUTION OF REPORT.—The Secretary
shall provide a copy of the report to appropriate
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Federal agencies and to States for further distribu-
tion to appropriate local authorities.
(e) ADOPTION OF APPROPRIATE PRACTICES, LAWS,
AND ORDINANCES.—The Secretary shall encourage Fed-
eral agencies and State and local governments to adopt
and implement appropriate practices, laws, and ordi-
nances, as identified in the report, to address the risks
and hazards associated with encroachment upon pipeline
rights-of-way.
(f) REPEAL OF SUPERSEDED PROVISION.—
(1) REPEAL.—Section 60127 of title 49, United
States Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 601 of such title
is amended by striking the item relating to section
60127.
SEC. 20. REPEAL OF REQUIREMENT FOR CONSIDERATION
OF COSTS AND BENEFITS IN THE PRE-
SCRIBING OF PIPELINE SAFETY STANDARDS.
Section 60102(b) of title 49, United States Code, is
amended—
(1) in paragraph (2)—
(A) by striking subparagraphs (D) and
(E); and
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(B) by redesignating subparagraphs (F)
and (G) as subparagraphs (D) and (E), respec-
tively; and
(2) by striking paragraphs (3) through (7).
Æ