H. R. 3609—7
contributing factor in the unfavorable personnel action
alleged in the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Notwithstanding a
finding by the Secretary of Labor 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 personnel
action in the absence of that behavior.
‘‘(iii) CRITERIA
FOR
DETERMINATION
BY
SEC-
RETARY.—The Secretary of Labor may determine that
a violation of subsection (a) has occurred only if the
complainant demonstrates that any behavior described
in 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 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; SETTLEMENT
AGREE-
MENTS.—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 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 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 committed
such violation 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 restore the terms, conditions, and privi-
leges associated with his or her employment; and
‘‘(iii) 
provide 
compensatory 
damages 
to 
the
complainant.
If such an order is issued under this paragraph, the Sec-
retary 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 attorney’s and expert
witness fees) reasonably incurred, 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 Secretary of Labor
finds that a complaint under paragraph (1) is frivolous
or has been brought in bad faith, the Secretary of Labor
H. R. 3609—8
may award to the prevailing employer a reasonable attor-
ney’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 obtain review of the order in the United
States Court of Appeals for the circuit in which the viola-
tion, with respect 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 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 ordered by the court, operate as a stay
of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
ATTACK.—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 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 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 person on whose
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person 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 con-
troversy 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 reasonable attorney and expert witness fees)
to any party whenever the court determines such award
of costs is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLATIONS.—Sub-
section (a) shall not apply with respect to an action of an employee
of an employer who, acting without direction from the employer
(or such employer’s agent), deliberately 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 there-
under, is liable to the Government for a civil penalty of not more
H. R. 3609—9
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 analysis for chapter 601
is amended by adding at the end the following:
‘‘60129. Protection of employees providing pipeline safety information.’’.
SEC. 7. SAFETY ORDERS.
Section 60117 is amended by adding at the end the following:
‘‘(l) SAFETY ORDERS.—If the Secretary decides that a pipeline
facility has a potential safety-related condition, the Secretary may
order the operator of the facility to take necessary corrective action,
including physical inspection, testing, repair, replacement, or other
appropriate action to remedy the safety-related condition.’’.
SEC. 8. PENALTIES.
(a) PIPELINE FACILITIES HAZARDOUS TO LIFE, PROPERTY, OR
THE ENVIRONMENT.—
(1) GENERAL AUTHORITY.—Section 60112(a) is amended to
read as follows:
‘‘(a) GENERAL AUTHORITY.—After notice and an opportunity
for a hearing, the Secretary 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 constructed or operated,
or a component of the facility is or would be constructed or
operated, with equipment, material, or a technique that the
Secretary decides is hazardous to life, property, or the environ-
ment.’’.
(2) CORRECTIVE
ACTION
ORDERS.—Section 60112(d) is
amended by striking ‘‘is hazardous’’ and inserting ‘‘is or would
be hazardous’’.
(b) ENFORCEMENT.—
(1) GENERAL PENALTIES.—Section 60122(a)(1) is amended—
(A) by striking ‘‘$25,000’’ and inserting ‘‘$100,000’’; and
(B) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’.
(2) 
PENALTY
CONSIDERATIONS.—Section 
60122(b) 
is
amended by striking ‘‘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 viola-
tion, including adverse impact on the environment;
‘‘(B) with respect to the violator, the degree of culpa-
bility, 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 reduction because of subsequent damages; and
‘‘(B) other matters that justice requires.’’.
(3) CIVIL ACTIONS.—Section 60120(a) is amended—
(A) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ and all that
follows through ‘‘(2) At the request’’ and inserting the fol-
lowing:
‘‘(a) CIVIL ACTIONS.—
H. R. 3609—10
‘‘(1) CIVIL
ACTIONS
TO
ENFORCE
THIS
CHAPTER.—At the
request of the Secretary of Transportation, the Attorney Gen-
eral may bring a civil action in an appropriate district court
of the United States to enforce this chapter, including section
60112, or a regulation prescribed or order issued under this
chapter. The court may award appropriate relief, including
a temporary or permanent injunction, punitive damages, and
assessment of civil penalties, considering the same factors as
prescribed for the Secretary in an administrative case under
section 60122.
‘‘(2) CIVIL
ACTIONS
TO
REQUIRE
COMPLIANCE
WITH
SUB-
POENAS OR ALLOW FOR INSPECTIONS.—At the request’’; and
(B) by aligning the remainder of the text of paragraph
(2) with the text of paragraph (1).
(c) CRIMINAL PENALTIES
FOR DAMAGING
OR DESTROYING
A
FACILITY.—Section 60123(b) is amended—
(1) by striking ‘‘or’’ after ‘‘gas pipeline facility’’ and inserting
‘‘, an’’; and
(2) by inserting after ‘‘liquid pipeline facility’’ the following:
‘‘, or either an intrastate gas pipeline facility or intrastate
hazardous liquid pipeline facility that is used in interstate
or foreign commerce or in any activity affecting interstate or
foreign commerce’’.
(d) COMPTROLLER GENERAL STUDY.—
(1) IN GENERAL.—The Comptroller General shall conduct
a study of the actions, policies, and procedures of the Secretary
of Transportation for assessing and collecting fines and pen-
alties on operators of hazardous liquid and gas transmission
pipelines.
(2) ANALYSIS.—In conducting the study, the Comptroller
General shall examine, at a minimum, the following:
(A) The frequency with which the Secretary has sub-
stituted corrective orders for fines and penalties.
(B) Changes in the amounts of fines recommended
by safety inspectors, assessed by the Secretary, and actually
collected.
(C) An evaluation of the overall effectiveness of the
Secretary’s enforcement strategy.
(D) The extent to which the Secretary has complied
with the report of the Government Accounting Office enti-
tled ‘‘Pipeline Safety: The Office of Pipeline Safety is
Changing How it Oversees the Pipeline Industry’’.
(3) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on the results
of the study.
SEC. 9. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.
(a) IN GENERAL.—Chapter 601 is further amended by adding
at the end the following:
‘‘§ 60130. Pipeline safety information grants to communities
‘‘(a) GRANT AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary of Transportation may
make grants for technical assistance to local communities and