[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3609 Enrolled Bill (ENR)]
H.R.3609
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend title 49, United States Code, to enhance the security and
safety of pipelines.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

35e495100aba20c20763d7eef270f2933513977b61592951586435b99e210c08

(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Improvement Act of 2002''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, 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.

ba016d30455df57efb7fadc5646878fccb02c97582955ca62335c7762f446a65

(a) Minimum Standards.--Section 6103 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``, including all
government operators'' before the semicolon at the end; and
(B) in paragraph (2) by inserting ``, including all
government and contract excavators'' before the semicolon at
the end; and
(2) in subsection (c) by striking ``provide for'' and inserting
``provide for and document''.
(b) Compliance With Minimum Standards.--Section 6104(d) is amended
by striking ``Within 3 years after the date of the enactment 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:
``Sec. 6105. Implementation of best practices guidelines
``(a) Adoption of Best Practices.--The Secretary of Transportation
shall encourage States, operators of one-call notification programs,
excavators (including all government and contract excavators), and
underground facility operators to adopt and implement practices
identified in the best practices report entitled `Common Ground', as
periodically updated.
``(b) Technical Assistance.--The Secretary shall provide technical
assistance to and participate in programs sponsored by a non-profit
organization specifically established for the purpose of reducing
construction-related damage to underground facilities.
``(c) Grants.--
``(1) In general.--The Secretary may make grants to a non-
profit organization described in subsection (b).
``(2) Authorization of appropriations.--In addition to amounts
authorized under section 6107, there is authorized to be
appropriated for making grants under this subsection $500,000 for
each of fiscal years 2003 through 2006. 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''.

9758366293817015f691e6e265db033f3727762975e9f20141fc9bea37816357

(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 requirement of a one-call
notification program of the State if the program meets the requirements
for one-call notification programs under this chapter or chapter 61.''.
(b) Minimum Requirements.--Section 60114(a)(2) is amended by
inserting ``, including 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 ``engages'';
(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 pipeline facility and to other appropriate
authorities; or''; and
(4) by adding after paragraph (2) the following:
``Penalties under this subsection may be reduced in the case of a
violation that is promptly reported by the violator.''.

9986d136db05ea1bb5d75b5b635a3063b89c09ac4c84ab139fb36c4e439e7679

(a) State Agreements With Certification.--Section 60106 is
amended--
(1) in subsection (a) by striking ``General Authority.--'' and
inserting ``Agreements Without Certification.--'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Agreements With Certification.--
``(1) In general.--If the Secretary accepts a certification
under section 60105 and makes the determination required under this
subsection, the Secretary may make an agreement with a State
authority authorizing it to participate in the oversight of
interstate pipeline transportation. Each such agreement shall
include a plan for the State authority to participate in special
investigations involving incidents or new construction and allow
the State authority to participate in other activities overseeing
interstate pipeline transportation or to assume additional
inspection or investigatory duties. Nothing in this section
modifies section 60104(c) or authorizes the Secretary to delegate
the enforcement of safety standards for interstate pipeline
facilities prescribed under this chapter to a State authority.
``(2) Determinations required.--The Secretary may not enter
into an agreement under this subsection, unless the Secretary
determines in writing that--
``(A) the agreement allowing participation of the State
authority is consistent with the Secretary's program for
inspection and consistent with the safety policies and
provisions provided under this chapter;
``(B) the interstate participation agreement would not
adversely affect the oversight responsibilities of intrastate
pipeline transportation by the State authority;
``(C) the State is carrying out a program demonstrated to
promote preparedness and risk prevention activities that enable
communities to live safely with pipelines;
``(D) the State meets the minimum standards for State one-
call notification set forth in chapter 61; and
``(E) the actions planned under the agreement would not
impede interstate commerce or jeopardize public safety.
``(3) Existing agreements.--If requested by the State
authority, the Secretary shall authorize a State authority which
had an interstate agreement in effect after January 31, 1999, to
oversee interstate pipeline transportation pursuant to the terms of
that agreement until the Secretary determines that the State meets
the requirements of paragraph (2) and executes a new agreement, or
until December 31, 2003, whichever is sooner. Nothing in this
paragraph shall prevent the Secretary, after affording the State
notice, hearing, and an opportunity to correct any alleged
deficiencies, from terminating an agreement that was in effect
before enactment of the Pipeline Safety Improvement Act of 2002
if--
``(A) the State authority fails to comply with the terms of
the agreement;
``(B) implementation of the agreement has resulted in a gap
in the oversight responsibilities of intrastate pipeline
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.''.
(b) Ending Agreements.--Subsection (e) of section 60106 (as
redesignated by subsection (a)(2) of this section) is amended to read
as follows:
``(e) Ending Agreements.--
``(1) Permissive termination.--The Secretary may end an
agreement under this section when the Secretary finds that the
State authority has not complied with any provision of the
agreement.
``(2) Mandatory termination of agreement.--The Secretary shall
end an agreement for the oversight of interstate pipeline
transportation if the Secretary finds that--
``(A) implementation of such agreement has resulted in a
gap in the oversight responsibilities of intrastate pipeline
transportation by the State authority;
``(B) the State actions under the agreement 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 safety.
``(3) Procedural requirements.--The Secretary shall give notice
and an opportunity for a hearing to a State authority before ending
an agreement under this section. The Secretary may provide a State
an opportunity to correct any deficiencies before ending an
agreement. The finding and decision to end the agreement shall be
published in the Federal Register and may not become effective for
at least 15 days after the date of publication unless the Secretary
finds that continuation of an agreement poses an imminent
hazard.''.
(c) Secretary's Response to State Notices of Violations.--
Subsection (c) of section 60106 (as redesignated by subsection (a)(2)
of this section) is amended--
(1) by striking ``Each agreement'' and inserting the following:
``(1) In general.--Each agreement'';
(2) by adding at the end the following:
``(2) Response by secretary.--If a State authority notifies the
Secretary under paragraph (1) of a violation or probable violation
of an applicable safety standard, the Secretary, not later than 60
days after the date of receipt of the notification, shall--
``(A) issue an order under section 60118(b) or take other
appropriate enforcement actions to ensure compliance with this
chapter; or
``(B) provide the State authority with a written
explanation as to why the Secretary has determined not to take
such actions.''; and
(3) by aligning the text of paragraph (1) (as designated by
this subsection) with paragraph (2) (as added by this subsection).

b4504afbfef21fa8f7d8c732ff5028e2beac9494f3884032a0f9e0de327efd07

Section 60116 is amended to read as follows:
``Sec. 60116. Public education programs
``(a) In General.--Each owner or operator of a gas or hazardous
liquid pipeline facility shall carry out a continuing program to
educate the public on the use of a one-call notification system prior
to excavation and other damage prevention activities, the possible
hazards associated with unintended releases from the pipeline facility,
the physical indications that such a release may have occurred, what
steps should be taken for public safety in the event of a pipeline
release, and how to report such an event.
``(b) Modification of Existing Programs.--Not later than 12 months
after the date of enactment of the Pipeline Safety Improvement Act of
2002, each owner or operator of a gas or hazardous liquid pipeline
facility shall review its existing public education program for
effectiveness and modify the program as necessary. The completed
program shall include activities to advise affected municipalities,
school districts, businesses, and residents of pipeline facility
locations. The completed program shall be submitted to the Secretary
or, in the case of an intrastate pipeline facility operator, the
appropriate State agency, and shall be periodically reviewed by the
Secretary or, in the case of an intrastate pipeline facility operator,
the appropriate State agency.
``(c) Standards.--The Secretary may issue standards prescribing the
elements of an effective public education program. The Secretary may
also develop material for use in the program.''.

e7e157266b2c73169802e9797c9b5c34bad9ef04df691f4fe28b5f0fcdbd9b7d

(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60129. Protection of employees providing pipeline safety
information
``(a) Discrimination Against Employee.--
``(1) In general.--No employer may discharge any employee or
otherwise discriminate against any employee with respect to his
compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a request of
the employee)--
``(A) provided, caused to be provided, or is about to
provide or cause to be provided, 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 provided, testimony before Congress or
at any Federal or State proceeding regarding any provision (or
proposed provision) of this chapter or any other Federal law
relating to pipeline safety;
``(D) commenced, caused to be commenced, 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 proceeding for the administration or enforcement 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 provided, testimony in any proceeding
described in subparagraph (D); or
``(F) assisted or participated or is about to assist or
participate in any manner 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 relating
to pipeline safety.
``(2) Employer defined.--In 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 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 180
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 or persons named in the complaint and the
Secretary of Transportation of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities that
will be afforded to such person 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 persons named in the complaint an
opportunity 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 reasonable cause
to believe that the complaint has merit and notify in writing
the complainant and the person or persons alleged to have
committed a violation of subsection (a) of the Secretary of
Labor'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 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 preliminary order, or both, and request a
hearing on the record. The filing of such objections shall not
operate to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 60-day
period, the preliminary order shall be deemed a final order
that is not subject to judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The Secretary
of Labor shall dismiss a complaint filed under this
subsection and shall not conduct an investigation otherwise
required under subparagraph (A) unless the complainant
makes a prima facie showing that any behavior described in
subsection (a) was a 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 Secretary.--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 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 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 privileges
associated with his or her employment; and
``(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the Secretary
of Labor, at the request of the 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 may award to
the prevailing employer a reasonable 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 obtain 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 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 commence 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 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
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.--Subsection (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
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 analysis for chapter 601 is amended
by adding at the end the following:
``60129. Protection of employees providing pipeline safety
information.''.

76248e497612ca9ce73a025fbbe269f5947525ddf58c0fd18c96c9510217963f

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.''.

dfe62be98c1c622ffa0dfabe049c00129a00f783a6ffc87c2b3f058d4dbb4270

(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 environment.''.
(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
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 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
following:
``(a) Civil Actions.--
``(1) Civil actions to enforce this chapter.--At the request of
the Secretary of Transportation, the Attorney General 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 subpoenas 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 penalties 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 substituted
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 entitled ``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.

873a3c754287c1f83475e67db5ff9a370273e043894677cfd47746d3ad1cd0d1

(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 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 groups of
individuals (not including for-profit entities) relating to the
safety of pipeline facilities in local communities, other than
facilities regulated under Public Law 93-153 (43 U.S.C. 1651 et
seq.). The Secretary shall establish competitive procedures for
awarding grants under this section and criteria for selecting grant
recipients. The amount of any grant under this section may not
exceed $50,000 for a single grant recipient. The Secretary shall
establish appropriate procedures to ensure the proper use of funds
provided under this section.
``(2) Technical assistance defined.--In this subsection, the
term `technical assistance' means engineering and other scientific
analysis of pipeline safety issues, including the promotion of
public participation in official proceedings conducted under this
chapter.
``(b) Prohibited Uses.--Funds provided under this section may not
be used for lobbying or in direct support of litigation.
``(c) Annual Report.--
``(1) In general.--Not later than 90 days after the last day of
each fiscal year for which grants are made by the Secretary under
this section, the Secretary shall report to the Committees on
Commerce, Science, and Transportation and Energy and Natural
Resources of the Senate and the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives on grants made under this section in the preceding
fiscal year.
``(2) Contents.--The report shall include--
``(A) a listing of the identity and location of each
recipient of a grant under this section in the preceding fiscal
year and the amount received by the recipient;
``(B) a description of the purpose for which each grant was
made; and
``(C) a description of how each grant was used by the
recipient.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Transportation for carrying out this
section $1,000,000 for each of the fiscal years 2003 through 2006. Such
amounts shall not be derived from user fees collected under section
60301.''.
(c) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60130. Pipeline safety information grants to communities.''.

10f3dcec92d36a57d0b800cacd925102ae4d453cd80a4bf2c0f49e1948e61b0f

(a) In General.--Section 60118 is amended by adding at the end the
following:
``(e) Operator Assistance in Investigations.--If the Secretary or
the National Transportation Safety Board investigate an accident
involving a pipeline facility, the operator of the facility shall make
available to the Secretary or the Board all records and information
that in any way pertain to the accident (including integrity management
plans and test results), and shall afford all reasonable assistance in
the investigation of the accident.''.
(b) Corrective Action Orders.--Section 60112(d) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by adding the end the following:
``(2) Actions attributable to an employee.--If, in the case of
a corrective action order issued following an accident, the
Secretary determines that the actions of an employee carrying out
an activity regulated under this chapter, including duties under
section 60102(a), may have contributed substantially to the cause
of the accident, the Secretary shall direct the operator to relieve
the employee from performing those activities, reassign the
employee, or place the employee on leave until the earlier of the
date on which--
``(A) the Secretary, after notice and an opportunity for a
hearing, determines that the employee's actions did not
contribute substantially to the cause of the accident; or
``(B) the Secretary determines the employee has been re-
qualified or re-trained as provided for in section 60131 and
can safely perform those activities.
``(3) Effect of collective bargaining agreements.--An action
taken by an operator under paragraph (2) shall be in accordance
with the terms and conditions of any applicable collective
bargaining agreement.''; and
(3) by aligning the remainder of the text of paragraph (1) (as
designated by paragraph (1) of this subsection) with paragraph (2)
(as added by paragraph (2) of this subsection).
(c) Limitation on Statutory Construction.--Section 60118 is amended
by adding at the end the following:
``(f) Limitation on Statutory Construction.--Nothing in this
section may be construed to infringe upon the constitutional rights of
an operator or its employees.''.

7dcedb59aeeb424b341b5c116370d8cf319864f085a1500fa96460503675d332

(a) In General.--Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment and rights-of-way
``(a) Study.--The Secretary of Transportation, in conjunction with
the Federal Energy Regulatory Commission and in consultation with
appropriate Federal agencies and State and local governments, shall
undertake a study of land use practices, zoning ordinances, and
preservation of environmental resources with regard to pipeline rights-
of-way and their maintenance.
``(b) Purpose of Study.--The purpose of the study shall be to
gather information on land use practices, zoning ordinances, and
preservation of environmental resources--
``(1) to determine effective practices to limit encroachment on
existing pipeline rights-of-way;
``(2) to address and prevent the hazards and risks to the
public, pipeline workers, and the environment associated with
encroachment on pipeline rights-of-way;
``(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way; and
``(4) to address how to best preserve environmental resources
in conjunction with maintaining pipeline rights-of-way, recognizing
pipeline operators' regulatory obligations to maintain rights-of-
way and to protect public safety.
``(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 Federal agencies and
State and local governments to monitor and reduce encroachment 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 ordinances that are most
successful in addressing issues of encroachment and maintenance on
pipeline rights-of-way so as to more effectively protect public
safety, pipeline workers, and the environment.
``(2) Distribution of report.--The Secretary shall provide a
copy of the report to--
``(A) Congress and appropriate Federal agencies; and
``(B) States for further distribution to appropriate local
authorities.
``(3) Adoption of practices, laws, and ordinances.--The
Secretary shall encourage Federal agencies and State and local
governments to adopt and implement appropriate practices, laws, and
ordinances, as identified in the report, to address the risks and
hazards associated with encroachment upon pipeline rights-of-way
and to address the potential methods of preserving environmental
resources while maintaining pipeline rights-of-way, consistent with
pipeline safety.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by striking the item relating to section 60127 and inserting the
following:
``60127. Population encroachment and rights-of-way.''.

a463db43e4f63c3e12ced8e37dfa87d1c635ccb6ddd94f11b57db09a428e0239

DEVELOPMENT.
(a) In General.--The heads of the participating agencies shall
carry out a program of research, development, demonstration, and
standardization to ensure the integrity of pipeline facilities.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the heads of the participating agencies
shall enter into a memorandum of understanding detailing their
respective responsibilities in the program authorized by subsection
(a).
(2) Areas of expertise.--Under the memorandum of understanding,
each of the participating agencies shall have the primary
responsibility for ensuring that the elements of the program within
its expertise are implemented in accordance with this section. The
Department of Transportation's responsibilities shall reflect its
lead role in pipeline safety and expertise in pipeline inspection,
integrity management, and damage prevention. The Department of
Energy's responsibilities shall reflect its expertise in system
reliability, low-volume gas leak detection, and surveillance
technologies. The National Institute of Standards and Technology's
responsibilities shall reflect its expertise in materials research
and assisting in the development of consensus technical standards,
as that term is used in section 12(d)(4) of Public Law 104-13 (15
U.S.C. 272 note).
(c) Program Elements.--The program authorized by subsection (a)
shall include research, development, demonstration, and standardization
activities related to--
(1) materials inspection;
(2) stress and fracture analysis, detection of cracks,
corrosion, abrasion, 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;
(3) internal inspection and leak detection technologies,
including detection of leaks at very low volumes;
(4) methods of analyzing content of pipeline throughput;
(5) 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;
(6) risk assessment methodology, including vulnerability
assessment and reduction of third-party damage;
(7) communication, control, and information systems surety;
(8) fire safety of pipelines;
(9) improved excavation, construction, and repair technologies;
and
(10) other appropriate elements.
(d) Program Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation, in
coordination with the Secretary of Energy and the Director of the
National Institute of Standards and Technology, shall prepare and
transmit to Congress a 5-year program plan to guide activities
under this section. Such program plan shall be submitted to the
Technical Pipeline Safety Standards Committee and the Technical
Hazardous Liquid Pipeline Safety Standards Committee for review,
and the report to Congress shall include the comments of the
committees. The 5-year program plan shall be based on the
memorandum of understanding under subsection (b) and take into
account related activities of other Federal agencies.
(2) Consultation.--In preparing the program plan and selecting
and prioritizing appropriate project proposals, the Secretary of
Transportation shall consult with or seek the advice of appropriate
representatives of the natural gas, crude oil, and petroleum
product pipeline industries, utilities, manufacturers, institutions
of higher learning, Federal agencies, pipeline research
institutions, national laboratories, State pipeline safety
officials, labor organizations, environmental organizations,
pipeline safety advocates, and professional and technical
societies.
(e) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the heads of the
participating agencies shall transmit jointly to Congress a report on
the status and results to date of the implementation of the program
plan prepared under subsection (d).
(f) Authorization of Appropriations.--
(1) Department of transportation.--There is authorized to be
appropriated to the Secretary of Transportation for carrying out
this section $10,000,000 for each of the fiscal years 2003 through
2006.
(2) Department of energy.--There is authorized to be
appropriated to the Secretary of Energy for carrying out this
section $10,000,000 for each of the fiscal years 2003 through 2006.
(3) National institute of standards and technology.--There is
authorized to be appropriated to the Director of the National
Institute of Standards and Technology for carrying out this section
$5,000,000 for each of the fiscal years 2003 through 2006.
(4) 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 of title 49,
United States Code.
(g) Pipeline Integrity Program.--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), $3,000,000 shall be
transferred to the Secretary of Transportation, as provided in
appropriation Acts, to carry out programs for detection, prevention,
and mitigation of oil spills for each of the fiscal years 2003 through
2006.
(h) Participating Agencies Defined.--In this section, the term
``participating agencies'' means the Department of Transportation, the
Department of Energy, and the National Institute of Standards and
Technology.

b98cffdbe34e544e4ea42626b3a07664898d536188202815502df4caafa60637

(a) Verification Program.--
(1) In general.--Chapter 601 is further amended by adding at
the end the following:
``Sec. 60131. Verification of pipeline qualification programs
``(a) In General.--Subject to the requirements of this section, the
Secretary of Transportation shall require the operator of a pipeline
facility to develop and adopt a qualification program to ensure that
the individuals who perform covered tasks are qualified to conduct such
tasks.
``(b) Standards and Criteria.--
``(1) Development.--Not later than 1 year after the date of
enactment of this section, the Secretary shall ensure that the
Department of Transportation has in place standards and criteria
for qualification programs referred to in subsection (a).
``(2) Contents.--The standards and criteria shall include the
following:
``(A) The establishment of methods for evaluating the
acceptability of the qualifications of individuals described in
subsection (a).
``(B) A requirement that pipeline operators develop and
implement written plans and procedures to qualify individuals
described in subsection (a) to a level found acceptable using
the methods established under subparagraph (A) and evaluate the
abilities of individuals described in subsection (a) according
to such methods.
``(C) A requirement that the plans and procedures adopted
by a pipeline operator under subparagraph (B) be reviewed and
verified under subsection (e).
``(c) Development of Qualification Programs by Pipeline
Operators.--The Secretary shall require each pipeline operator to
develop and adopt, not later than 2 years after the date of enactment
of this section, a qualification program that complies with the
standards and criteria described in subsection (b).
``(d) Elements of Qualification Programs.--A qualification program
adopted by an operator under subsection (a) shall include, at a
minimum, the following elements:
``(1) A method for examining or testing the qualifications of
individuals described in subsection (a). The method may include
written examination, oral examination, observation during on-the-
job performance, on-the-job training, simulations, and other forms
of assessment. The method may not be limited to observation of on-
the-job performance, except with respect to tasks for which the
Secretary has determined that such observation is the best method
of examining or testing qualifications. The Secretary shall ensure
that the results of any such observations are documented in
writing.
``(2) A requirement that the operator complete the
qualification of all individuals described in subsection (a) not
later than 18 months after the date of adoption of the
qualification program.
``(3) A periodic requalification component that provides for
examination or testing of individuals in accordance with paragraph
(1).
``(4) A program to provide training, as appropriate, to ensure
that individuals performing covered tasks have the necessary
knowledge and skills to perform the tasks in a manner that ensures
the safe operation of pipeline facilities.
``(e) Review and Verification of Programs.--
``(1) In general.--The Secretary shall review the qualification
program of each pipeline operator and verify its compliance with
the standards and criteria described in subsection (b) and that it
includes the elements described in subsection (d). The Secretary
shall record the results of that review for use in the next review
of an operator's program.
``(2) Deadline for completion.--Reviews and verifications under
this subsection shall be completed not later than 3 years after the
date of the enactment of this section.
``(3) Inadequate programs.--If the Secretary decides that a
qualification program is inadequate for the safe operation of a
pipeline facility, the Secretary shall act as under section
60108(a)(2) to require the operator to revise the qualification
program.
``(4) Program modifications.--If the operator of a pipeline
facility significantly modifies a program that has been verified
under this subsection, the operator shall notify the Secretary of
the modifications. The Secretary shall review and verify such
modifications in accordance with paragraph (1).
``(5) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement of this
section if the waiver or modification is not inconsistent with
pipeline safety.
``(6) Inaction by the secretary.--Notwithstanding any failure
of the Secretary to prescribe standards and criteria as described
in subsection (b), an operator of a pipeline facility shall develop
and adopt a qualification program that complies with the
requirement of subsection (b)(2)(B) and includes the elements
described in subsection (d) not later than 2 years after the date
of enactment of this section.
``(f) Intrastate Pipeline Facilities.--In the case of an intrastate
pipeline facility operator, the duties and powers of the Secretary
under this section with respect to the qualification program of the
operator shall be vested in the appropriate State regulatory agency,
consistent with this chapter.
``(g) Covered Task Defined.--In this section, the term `covered
task'--
``(1) with respect to a gas pipeline facility, has the meaning
such term has under section 192.801 of title 49, Code of Federal
Regulations, including any subsequent modifications; and
``(2) with respect to a hazardous liquid pipeline facility, has
the meaning such term has under section 195.501 of such title,
including any subsequent modifications.
``(h) Report.--Not later than 4 years after the date of enactment
of this section, the Secretary shall transmit to Congress a report on
the status and results to date of the personnel qualification
regulations issued under this chapter.''.
(2) Conforming amendment.--The analysis for chapter 601 is
amended by adding at end the following:
``60131. Verification of pipeline qualification programs.''.
(b) Pilot Program for Certification of Certain Pipeline Workers.--
(1) In general.--Not later than 36 months after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) develop tests and other requirements for certifying the
qualifications of individuals who operate computer-based
systems for controlling the operations of pipelines; and
(B) establish and carry out a pilot program for 3 pipeline
facilities under which the individuals operating computer-based
systems for controlling the operations of pipelines at such
facilities are required to be certified under the process
established under subparagraph (A).
(2) Report.--The Secretary shall include in the report required
under section 60131(h), as added by subsection (a) of this section,
the results of the pilot program. The report shall include--
(A) a description of the pilot program and implementation
of the pilot program at each of the 3 pipeline facilities;
(B) an evaluation of the pilot program, including the
effectiveness of the process for certifying individuals who
operate computer-based systems for controlling the operations
of pipelines;
(C) any recommendations of the Secretary for requiring the
certification of all individuals who operate computer-based
systems for controlling the operations of pipelines; and
(D) an assessment of the ramifications of requiring the
certification of other individuals performing safety-sensitive
functions for a pipeline facility.
(3) Computer-based systems defined.--In this subsection, the
term ``computer-based systems'' means supervisory control and data
acquisition systems.

f2f24942588a1b86e3ea626917504432ab20b11f06ad428225655415b2f7253d

PIPELINES.
(a) In General.--Section 60109 is amended by adding at the end the
following:
``(c) Risk Analysis and Integrity Management Programs.--
``(1) Requirement.--Each operator of a gas pipeline facility
shall conduct an analysis of the risks to each facility of the
operator located in an area identified pursuant to subsection
(a)(1) and defined in chapter 192 of title 49, Code of Federal
Regulations, including any subsequent modifications, and shall
adopt and implement a written integrity management program for such
facility to reduce the risks.
``(2) Regulations.--
``(A) In general.--Not later than 12 months after the date
of enactment of this subsection, the Secretary shall issue
regulations prescribing standards to direct an operator's
conduct of a risk analysis and adoption and implementation of
an integrity management program under this subsection. The
regulations shall require an operator to conduct a risk
analysis and adopt an integrity management program within a
time period prescribed by the Secretary, ending not later than
24 months after such date of enactment. Not later than 18
months after such date of enactment, each operator of a gas
pipeline facility shall begin a baseline integrity assessment
described in paragraph (3).
``(B) Authority to issue regulations.--The Secretary may
satisfy the requirements of this paragraph through the issuance
of regulations under this paragraph or under other authority of
law.
``(3) Minimum requirements of integrity management programs.--
An integrity management program required under paragraph (1) shall
include, at a minimum, the following requirements:
``(A) A baseline integrity assessment of each of the
operator's facilities in areas identified pursuant to
subsection (a)(1) and defined in chapter 192 of title 49, Code
of Federal Regulations, including any subsequent modifications,
by internal inspection device, pressure testing, direct
assessment, or an alternative method that the Secretary
determines would provide an equal or greater level of safety.
The operator shall complete such assessment not later than 10
years after the date of enactment of this subsection. At least
50 percent of such facilities shall be assessed not later than
5 years after such date of enactment. The operator shall
prioritize such facilities for assessment based on all risk
factors, including any previously discovered defects or
anomalies and any history of leaks, repairs, or failures. The
operator shall ensure that assessments of facilities with the
highest risks are given priority for completion and that such
assessments will be completed not later than 5 years after such
date of enactment.
``(B) Subject to paragraph (5), periodic reassessment of
the facility, at a minimum of once every 7 years, using methods
described in subparagraph (A).
``(C) Clearly defined criteria for evaluating the results
of assessments conducted under subparagraphs (A) and (B) and
for taking actions based on such results.
``(D) A method for conducting an analysis on a continuing
basis that integrates all available information about the
integrity of the facility and the consequences of releases from
the facility.
``(E) A description of actions to be taken by the operator
to promptly address any integrity issue raised by an evaluation
conducted under subparagraph (C) or the analysis conducted
under subparagraph (D).
``(F) A description of measures to prevent and mitigate the
consequences of releases from the facility.
``(G) A method for monitoring cathodic protection systems
throughout the pipeline system of the operator to the extent
not addressed by other regulations.
``(H) If the Secretary raises a safety concern relating to
the facility, a description of the actions to be taken by the
operator to address the safety concern, including issues raised
with the Secretary by States and local authorities under an
agreement entered into under section 60106.
``(4) Treatment of baseline integrity assessments.--In the case
of a baseline integrity assessment conducted by an operator in the
period beginning on the date of enactment of this subsection and
ending on the date of issuance of regulations under this
subsection, the Secretary shall accept the assessment as complete,
and shall not require the operator to repeat any portion of the
assessment, if the Secretary determines that the assessment was
conducted in accordance with the requirements of this subsection.
``(5) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement for
reassessment of a facility under paragraph (3)(B) for reasons that
may include the need to maintain local product supply or the lack
of internal inspection devices if the Secretary determines that
such waiver is not inconsistent with pipeline safety.
``(6) Standards.--The standards prescribed by the Secretary
under paragraph (2) shall address each of the following factors:
``(A) The minimum requirements described in paragraph (3).
``(B) The type or frequency of inspections or testing of
pipeline facilities, in addition to the minimum requirements of
paragraph (3)(B).
``(C) The manner in which the inspections or testing are
conducted.
``(D) The criteria used in analyzing results of the
inspections or testing.
``(E) The types of information sources that must be
integrated in assessing the integrity of a pipeline facility as
well as the manner of integration.
``(F) The nature and timing of actions selected to address
the integrity of a pipeline facility.
``(G) Such other factors as the Secretary determines
appropriate to ensure that the integrity of a pipeline facility
is addressed and that appropriate mitigative measures are
adopted to protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that all
inspections required are conducted in a manner that minimizes
environmental and safety risks, and shall take into account the
applicable level of protection established by national consensus
standards organizations.
``(7) Additional optional standards.--The Secretary may also
prescribe standards requiring an operator of a pipeline facility to
include in an integrity management program under this subsection--
``(A) changes to valves or the establishment or
modification of systems that monitor pressure and detect leaks
based on the operator's risk analysis; and
``(B) the use of emergency flow restricting devices.
``(8) Lack of regulations.--In the absence of regulations
addressing the elements of an integrity management program
described in this subsection, the operator of a pipeline facility
shall conduct a risk analysis and adopt and implement an integrity
management program described in this subsection not later than 24
months after the date of enactment of this subsection and shall
complete the baseline integrity assessment described in this
subsection not later than 10 years after such date of enactment. At
least 50 percent of such facilities shall be assessed not later
than 5 years after such date of enactment. The operator shall
prioritize such facilities for assessment based on all risk
factors, including any previously discovered defects or anomalies
and any history of leaks, repairs, or failures. The operator shall
ensure that assessments of facilities with the highest risks are
given priority for completion and that such assessments will be
completed not later than 5 years after such date of enactment.
``(9) Review of integrity management programs.--
``(A) Review of programs.--
``(i) In general.--The Secretary shall review a risk
analysis and integrity management program under paragraph
(1) and record the results of that review for use in the
next review of an operator's program.
``(ii) Context of review.--The Secretary may conduct a
review under clause (i) as an element of the Secretary's
inspection of an operator.
``(iii) Inadequate programs.--If the Secretary
determines that a risk analysis or integrity management
program does not comply with the requirements of this
subsection or regulations issued as described in paragraph
(2), or is inadequate for the safe operation of a pipeline
facility, the Secretary shall act under section 60108(a)(2)
to require the operator to revise the risk analysis or
integrity management program.
``(B) Amendments to programs.--In order to facilitate
reviews under this paragraph, an operator of a pipeline
facility shall notify the Secretary of any amendment made to
the operator's integrity management program not later than 30
days after the date of adoption of the amendment. The Secretary
shall review any such amendment in accordance with this
paragraph.
``(C) Transmittal of programs to state authorities.--The
Secretary shall provide a copy of each risk analysis and
integrity management program reviewed by the Secretary under
this paragraph to any appropriate State authority with which
the Secretary has entered into an agreement under section
60106.
``(10) State review of integrity management plans.--A State
authority that enters into an agreement pursuant to section 60106,
permitting the State authority to review the risk analysis and
integrity management program pursuant to paragraph (9), may provide
the Secretary with a written assessment of the risk analysis and
integrity management program, make recommendations, as appropriate,
to address safety concerns not adequately addressed by the
operator's risk analysis or integrity management program, and
submit documentation explaining the State-proposed revisions. The
Secretary shall consider carefully the State's proposals and work
in consultation with the States and operators to address safety
concerns.
``(11) Application of standards.--Section 60104(b) shall not
apply to this section.''.
(b) Integrity Management Regulations.--Section 60109 is further
amended by adding at the end the following:
``(d) Evaluation of Integrity Management Regulations.--Not later
than 4 years after the date of enactment of this subsection, the
Comptroller General shall complete an assessment and evaluation of the
effects on public safety and the environment of the requirements for
the implementation of integrity management programs contained in the
standards prescribed as described in subsection (c)(2).''.
(c) Conforming Amendment.--Section 60118(a) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) conduct a risk analysis, and adopt and implement an
integrity management program, for pipeline facilities as required
under section 60109(c).''.
(d) Study of Reassessment Intervals.--
(1) Study.--The Comptroller General shall conduct a study to
evaluate the 7-year reassessment interval required by section
60109(c)(3)(B) of title 49, United States Code, as added by
subsection (a) of this section.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General shall transmit to
Congress a report on the results of the study conducted under
paragraph (1).

14bc3c7b377149422fec17af14a13b5950755251efafc3975ac12cf62e801113

(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60132. National pipeline mapping system
``(a) Information To Be Provided.--Not later than 6 months after
the date of enactment of this section, the operator of a pipeline
facility (except distribution lines and gathering lines) shall provide
to the Secretary of Transportation the following information with
respect to the facility:
``(1) Geospatial data appropriate for use in the National
Pipeline Mapping System or data in a format that can be readily
converted to geospatial data.
``(2) The name and address of the person with primary
operational control to be identified as its operator for purposes
of this chapter.
``(3) A means for a member of the public to contact the
operator for additional information about the pipeline facilities
it operates.
``(b) Updates.--A person providing information under subsection (a)
shall provide to the Secretary updates of the information to reflect
changes in the pipeline facility owned or operated by the person and as
otherwise required by the Secretary.
``(c) Technical Assistance To Improve Local Response
Capabilities.--The Secretary may provide technical assistance to State
and local officials to improve local response capabilities for pipeline
emergencies by adapting information available through the National
Pipeline Mapping System to software used by emergency response
personnel responding to pipeline emergencies.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60132. National pipeline mapping system.''.

e7d1b82614581f3ac5238eaf56bdb89d14b9160075ec0a5c99d817ece9d2b5f5

(a) In General.--Chapter 601 is further amended by adding at the
end the following:
``Sec. 60133. Coordination of environmental reviews
``(a) Interagency Committee.--
``(1) Establishment and purpose.--Not later than 30 days after
the date of enactment of this section, the President shall
establish an Interagency Committee to develop and ensure
implementation of a coordinated environmental review and permitting
process in order to enable pipeline operators to commence and
complete all activities necessary to carry out pipeline repairs
within any time periods specified by rule by the Secretary.
``(2) Membership.--The Chairman of the Council on Environmental
Quality (or a designee of the Chairman) shall chair the Interagency
Committee, which shall consist of representatives of Federal
agencies with responsibilities relating to pipeline repair
projects, including each of the following persons (or a designee
thereof):
``(A) The Secretary of Transportation.
``(B) The Administrator of the Environmental Protection
Agency.
``(C) The Director of the United States Fish and Wildlife
Service.
``(D) The Assistant Administrator for Fisheries of the
National Oceanic and Atmospheric Administration.
``(E) The Director of the Bureau of Land Management.
``(F) The Director of the Minerals Management Service.
``(G) The Assistant Secretary of the Army for Civil Works.
``(H) The Chairman of the Federal Energy Regulatory
Commission.
``(3) Evaluation.--The Interagency Committee shall evaluate
Federal permitting requirements to which access, excavation, and
restoration activities in connection with pipeline repairs
described in paragraph (1) may be subject. As part of its
evaluation, the Interagency Committee shall examine the access,
excavation, and restoration practices of the pipeline industry in
connection with such pipeline repairs, and may develop a compendium
of best practices used by the industry to access, excavate, and
restore the site of a pipeline repair.
``(4) Memorandum of understanding.--Based upon the evaluation
required under paragraph (3) and not later than 1 year after the
date of enactment of this section, the members of the Interagency
Committee shall enter into a memorandum of understanding to provide
for a coordinated and expedited pipeline repair permit review
process to carry out the purpose set forth in paragraph (1). The
Interagency Committee shall include provisions in the memorandum of
understanding identifying those repairs or categories of repairs
described in paragraph (1) for which the best practices identified
under paragraph (3), when properly employed by a pipeline operator,
would result in no more than minimal adverse effects on the
environment and for which discretionary administrative reviews may
therefore be minimized or eliminated. With respect to pipeline
repairs described in paragraph (1) to which the preceding sentence
would not be applicable, the Interagency Committee shall include
provisions to enable pipeline operators to commence and complete
all activities necessary to carry out pipeline repairs within any
time periods specified by rule by the Secretary. The Interagency
Committee shall include in the memorandum of understanding criteria
under which permits required for such pipeline repair activities
should be prioritized over other less urgent agency permit
application reviews. The Interagency Committee shall not enter into
a memorandum of understanding under this paragraph except by
unanimous agreement of the members of the Interagency Committee.
``(5) State and local consultation.--In carrying out this
subsection, the Interagency Committee shall consult with
appropriate State and local environmental, pipeline safety, and
emergency response officials, and such other officials as the
Interagency Committee considers appropriate.
``(b) Implementation.--Not later than 180 days after the completion
of the memorandum of understanding required under subsection (a)(4),
each agency represented on the Interagency Committee shall revise its
regulations as necessary to implement the provisions of the memorandum
of understanding.
``(c) Savings Provisions; No Preemption.--Nothing in this section
shall be construed--
``(1) to require a pipeline operator to obtain a Federal
permit, if no Federal permit would otherwise have been required
under Federal law; or
``(2) to preempt applicable Federal, State, or local
environmental law.
``(d) Interim Operational Alternatives.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and subject to the limitations in
paragraph (2), the Secretary of Transportation shall revise the
regulations of the Department, to the extent necessary, to permit a
pipeline operator subject to time periods for repair specified by
rule by the Secretary to implement alternative mitigation measures
until all applicable permits have been granted.
``(2) Limitations.--The regulations issued by the Secretary
pursuant to this subsection shall not allow an operator to
implement alternative mitigation measures pursuant to paragraph (1)
unless--
``(A) allowing the operator to implement such measures
would be consistent with the protection of human health, public
safety, and the environment;
``(B) the operator, with respect to a particular repair
project, has applied for and is pursuing diligently and in good
faith all required Federal, State, and local permits to carry
out the project; and
``(C) the proposed alternative mitigation measures are not
incompatible with pipeline safety.
``(e) Ombudsman.--The Secretary shall designate an ombudsman to
assist in expediting pipeline repairs and resolving disagreements
between Federal, State, and local permitting agencies and the pipeline
operator during agency review of any pipeline repair activity,
consistent with protection of human health, public safety, and the
environment.
``(f) State and Local Permitting Processes.--The Secretary shall
encourage States and local governments to consolidate their respective
permitting processes for pipeline repair projects subject to any time
periods for repair specified by rule by the Secretary. The Secretary
may request other relevant Federal agencies to provide technical
assistance to States and local governments for the purpose of
encouraging such consolidation.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60133. Coordination of environmental reviews.''.

ea671725b63d363cacd305ee90119ffd415581cf83775bd1eabf1bfdcf5a49d8

Within 1 year after the date of the enactment of this Act, the
Secretary of Transportation shall, in conjunction with the Federal
Communications Commission, facility operators, excavators, and one-call
notification system operators, provide for the establishment of a 3-
digit nationwide toll-free telephone number system to be used by State
one-call notification systems.

524fad6538be9899db00d47c8e2080f28b7a57a775190ed803045bd03174ae6e

(a) In General.--Except as otherwise required by this Act, the
Secretary of Transportation shall implement the safety improvement
recommendations provided for in the Department of Transportation
Inspector General's Report (RT-2000-069).
(b) Reports by the Secretary.--Not later than 90 days after the
date of enactment of this Act, and every 90 days thereafter until each
of the recommendations referred to in subsection (a) has been
implemented, the Secretary 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 specific actions taken to implement
such recommendations.
(c) Reports by the Inspector General.--The Inspector General shall
periodically transmit to the committees referred to in subsection (b) a
report assessing the Secretary's progress in implementing the
recommendations referred to in subsection (a) and identifying options
for the Secretary to consider in accelerating recommendation
implementation.

13f4f620f2edd0a471dbc65421b242e300ea3eb3474caabdb1fe8928878a8fa9

(a) In General.--The Secretary of Transportation, the Administrator
of Research and Special Program Administration, and the Director of the
Office of Pipeline Safety shall fully comply with section 1135 of title
49, United States Code, to ensure timely responsiveness to National
Transportation Safety Board recommendations about pipeline safety.
(b) Public Availability.--The Secretary, Administrator, or
Director, respectively, shall make a copy of each recommendation on
pipeline safety and response, as described in subsections (a) and (b)
of section 1135, title 49, United States Code.
(c) Reports to Congress.--The Secretary, Administrator, or
Director, respectively, shall submit to Congress by January 1 of each
year a report containing each recommendation on pipeline safety made by
the Board during the prior year and a copy of the response to each such
recommendation.

2bc23f9b77034f3ec7b36cb558b8b142c343cd2bfb5cb439dfb86ea7212a9ce8

(a) General Authority and Purpose.--
(1) In general.--Section 60102(a) is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by striking ``(a)(1)'' and all that follows through
``The Secretary of Transportation'' and inserting the
following:
``(a) Purpose and Minimum Safety Standards.--
``(1) Purpose.--The purpose of this chapter is to provide
adequate protection against risks to life and property posed by
pipeline transportation and pipeline facilities by improving the
regulatory and enforcement authority of the Secretary of
Transportation.
``(2) Minimum safety standards.--The Secretary'';
(C) by moving the remainder of the text of paragraph (2)
(as so redesignated), including subparagraphs (A) and (B) but
excluding subparagraph (C), 2 ems to the right; and
(D) in paragraph (3) (as so redesignated) by inserting
``Qualifications of pipeline operators.--'' before ``The
qualifications''.
(2) Conforming amendments.--Chapter 601 is amended--
(A) by striking the heading for section 60102 and inserting
the following:
``Sec. 60102. Purpose and general authority''; and
(B) in the analysis for such chapter by striking the item
relating to section 60102 and inserting the following:
``60102. Purpose and general authority.''.
(b) Conflicts of Interest.--Section 60115(b)(4) is amended by
adding at the end the following:
``(D) None of the individuals selected for a committee under
paragraph (3)(C) may have a significant financial interest in the
pipeline, petroleum, or gas industry.''.

9680d10fb3fe8728c82627a57b59b7a33e467b330adb55df2c65206814b69805

Chapter 601 is amended--
(1) in section 60110(b) by striking ``circumstances'' and all
that follows through ``operator'' and inserting the following:
``circumstances, if any, under which an operator'';
(2) in section 60114 by redesignating subsection (d) as
subsection (c);
(3) in section 60122(a)(1) by striking ``section 60114(c)'' and
inserting ``section 60114(b)''; and
(4) in section 60123(a) by striking ``60114(c)'' and inserting
``60114(b)''.

ed7db01da1502efc4c29affe2bc673950b2a3d40a8649bb6be4b8c6628b105ec

(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--To carry out this chapter (except
for section 60107) related to gas and hazardous liquid, the following
amounts are authorized to be appropriated to the Department of
Transportation:
``(1) $45,800,000 for fiscal year 2003, of which $31,900,000 is
to be derived from user fees for fiscal year 2003 collected under
section 60301 of this title.
``(2) $46,800,000 for fiscal year 2004, of which $35,700,000 is
to be derived from user fees for fiscal year 2004 collected under
section 60301 of this title.
``(3) $47,100,000 for fiscal year 2005, of which $41,100,000 is
to be derived from user fees for fiscal year 2005 collected under
section 60301 of this title.
``(4) $50,000,000 for fiscal year 2006, of which $45,000,000 is
to be derived from user fees for fiscal year 2006 collected under
section 60301 of this title.''.
(b) State Grants.--Section 60125 is amended--
(1) by striking subsections (b), (d), and (f) and redesignating
subsection (c) as subsection (b); and
(2) in subsection (b)(1) (as so redesignated) by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $19,800,000 for fiscal year 2003, of which $14,800,000 is
to be derived from user fees for fiscal year 2003 collected under
section 60301 of this title.
``(B) $21,700,000 for fiscal year 2004, of which $16,700,000 is
to be derived from user fees for fiscal year 2004 collected under
section 60301 of this title.
``(C) $24,600,000 for fiscal year 2005, of which $19,600,000 is
to be derived from user fees for fiscal year 2005 collected under
section 60301 of this title.
``(D) $26,500,000 for fiscal year 2006, of which $21,500,000 is
to be derived from user fees for fiscal year 2006 collected under
section 60301 of this title.''.
(c) Oil Spills; Emergency Response Grants.--Section 60125 is
amended by inserting after subsection (b) (as redesignated by
subsection (b)(1) of this section) the following:
``(c) Oil Spill Liability Trust Fund.--Of the amounts available in
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to
the Secretary of Transportation, as provided in appropriation Acts, to
carry out programs authorized in this chapter for each of fiscal years
2003 through 2006.
``(d) Emergency Response Grants.--
``(1) In general.--The Secretary may establish a program for
making grants to State, county, and local governments in high
consequence areas, as defined by the Secretary, for emergency
response management, training, and technical assistance.
``(2) Authorization of appropriations.--There is authorized to
be appropriated $6,000,000 for each of fiscal years 2003 through
2006 to carry out this subsection.''.
(d) Conforming Amendment.--Section 60125(e) is amended by striking
``or (b) of this section''.

f89eb91c6b3adbd8db81f2f7c796628a5134910665c11c84857ad7fd1060571d

Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(m) Inspections by Direct Assessment.--Not later than 1 year
after the date of the enactment of this subsection, the Secretary shall
issue regulations prescribing standards for inspection of a pipeline
facility by direct assessment.''.

5d7ac60dbf733fb34fd18105794320a84d1faacae272579a84d651bb593ad1d4

Within 90 days after receiving recommendations for improvements to
pipeline safety from an advisory committee appointed by the Governor of
any State, the Secretary 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 reasons for acting or
not acting upon any of the recommendations.

c6c1142395b087982319827d9886002ceb884f2c78feaa44e58347ea4207c7ac

(a) In General.--The Secretary of Transportation shall conduct a
study to determine whether cable-suspension pipeline bridges pose
structural or other risks warranting particularized attention in
connection with pipeline operators risk assessment programs and whether
particularized inspection 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 conducting the study,
the Secretary shall provide, to the maximum extent practicable, for
public participation and comment and shall solicit views and comments
from the public and interested persons, including participants in the
pipeline industry with knowledge and experience in inspection of
pipeline facilities.
(c) Completion and Report.--Within 2 years after the date of
enactment of this Act, the Secretary shall complete the study and
transmit to Congress a report detailing the results of the study.
(d) Funding.--The Secretary may carry out this section using only
amounts that are specifically appropriated to carry out this section.

1d126b51b4ea745e82e7de78c7843fa8f46852623517236840cce2c9e1570e69

FACILITIES IN NEW ENGLAND.
(a) Study.--The Federal Energy Regulatory Commission, in
consultation with the Department of Energy, shall conduct a study on
the natural gas pipeline transmission network in New England and
natural gas storage facilities associated with that network.
(b) Consideration.--In carrying out the study, the Commission shall
consider the ability of natural gas pipeline and storage facilities in
New England to meet current and projected demand by gas-fired power
generation plants and other consumers.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Federal Energy Regulatory Commission shall prepare and
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report containing the results of the study conducted
under subsection (a), including recommendations for addressing
potential natural gas transmission and storage capacity problems in New
England.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

6f0e7bc0a72697179282e9390b653c593eb42bff8858d9c4778961edd46dc5cc

Pipeline Safety bill — HR. 3609

Other Sections

Want the full experience?