[House Report 107-605]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-605
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
PIPELINE INFRASTRUCTURE PROTECTION TO ENHANCE SECURITY AND SAFETY ACT
_______
July 23, 2002.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3609]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3609) to amend title 49, United
States Code, to enhance the security and safety of pipelines,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline
Infrastructure Protection To Enhance Security and Safety Act''.
(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.
(c) Table of Contents.--
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Public education programs.
Sec. 5. State oversight role.
Sec. 6. Community right-to-know and emergency preparedness.
Sec. 7. Safety and security orders.
Sec. 8. Penalties.
Sec. 9. Population encroachment.
Sec. 10. Additional gas pipeline protections.
Sec. 11. Pipeline integrity research, development, and demonstration.
Sec. 12. Qualification of pipeline personnel.
Sec. 13. Security of pipeline facilities.
Sec. 14. National pipeline mapping system.
Sec. 15. Administrative process for permitting a pipeline repair
activity.
Sec. 16. Pipeline security-sensitive information.
Sec. 17. Technical amendments.
Sec. 18. Authorization of appropriations.
Sec. 19. Protection of employees providing pipeline safety information.
Sec. 20. Pipeline bridge risk study.
SEC. 2. ONE-CALL NOTIFICATION PROGRAMS.
(a) Minimum Standards.--Section 6103 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``, including all
government 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 2002 through 2005. Such sums
shall remain available until expended.
``(3) General revenue funding.--Any sums appropriated under
this subsection shall be derived from general revenues and may
not be derived from amounts collected under section 60301.''.
(2) Conforming amendment.--The analysis for chapter 61 is
amended by striking the item relating to section 6105 and
inserting the following:
``6105. Implementation of best practices guidelines.''.
(d) Authorization of Appropriations.--
(1) For grants for states.--Section 6107(a) is amended by
striking ``$1,000,000 for fiscal year 2000'' and all that
follows before the period at the end of the first sentence and
inserting ``$1,000,000 for each of fiscal years 2002 through
2005''.
(2) For administration.--Section 6107(b) is amended by
striking ``for fiscal years 1999, 2000, and 2001'' and
inserting ``for fiscal years 2002 through 2005''.
SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS.
(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''; and
(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''.
SEC. 4. PUBLIC EDUCATION PROGRAMS.
(a) Security and Safety Standards.--Section 60102(b) is amended--
(1) in the subsection heading by striking ``Practicability
and Safety Needs Standards'' and inserting ``Security and
Safety Standards'';
(2) in paragraph (1)(B)(i)--
(A) by striking ``safety'' and inserting ``safety and
security''; and
(B) by striking ``safely'' and inserting ``safely and
securely'';
(3) in paragraph (2)(A)--
(A) by striking ``and'' at the end of clause (ii);
(B) by adding ``and'' at the end of clause (iii); and
(C) by adding at the end the following:
``(iv) security information;'';
(4) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(F);
(B) by striking the period at the end of subparagraph
(G) and inserting ``; and''; and
(C) by adding at the end the following:
``(H) the comments and recommendations of the Office
of Homeland Security and the Transportation Security
Administration.''; and
(5) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of subparagraph
(D) and inserting ``; and''; and
(C) by adding at the end the following:
``(E) assess the vulnerabilities of pipeline
facilities to terrorist attacks.''.
(b) Public Safety Program Requirements.--Section 60102(c) is amended
to read as follows:
``(c) Public Safety Program Requirements.--
``(1) In general.--The Secretary shall include in the
standards prescribed under subsection (a) a requirement that
the operator of a pipeline facility participate in a public
safety program that--
``(A) notifies an operator of proposed demolition,
excavation, tunneling, or construction near or
affecting the facility;
``(B) requires an operator to identify a pipeline
facility that may be affected by the proposed
demolition, excavation, tunneling, or construction, to
prevent damaging the facility; and
``(C) the Secretary decides will protect a facility
adequately against a hazard caused by demolition,
excavation, tunneling, or construction.
``(2) Comparable services.--To the extent a public safety
program referred to in paragraph (1) is not available, the
Secretary shall prescribe standards requiring an operator to
take action to provide services comparable to services that
would be available under a public safety program.
``(3) Promoting public safety.--
``(A) Provision of map to municipalities.--The
operator of a hazardous liquid or interstate gas
pipeline facility shall provide on an annual basis to
the governing body of each municipality in which the
facility is located, a map identifying the location of
the facility.
``(B) Survey.--The Secretary shall periodically
survey and assess the public education programs under
section 60116 and the public safety programs under this
subsection and determine their effectiveness and
applicability as components of a model program. In
particular, the survey shall include--
``(i) the methods by which operators notify
residents of the location of the facility and
its right of way;
``(ii) public information regarding existing
One-Call programs; and
``(iii) appropriate procedures to be followed
by residents of affected municipalities in the
event of accidents involving interstate
pipeline facilities.
``(C) Rulemaking.--The Secretary shall institute a
rulemaking to determine the most effective public
safety and education program components and promulgate
standards implementing those components on a nationwide
basis. Such standards shall establish appropriate
limitations on access to maps provided under
subparagraph (A) based on the need for security of the
information.
``(D) Technical assistance.--The Secretary may
provide technical assistance to State and local
officials in applying practices developed as part of
the programs required under this subsection and section
60116 to their activities to educate and promote
pipeline safety with the public.''.
SEC. 5. STATE OVERSIGHT ROLE.
(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
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
Infrastructure Protection To Enhance Security and Safety Act
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).
SEC. 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.
(a) In General.--Section 60116 is amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
``(a) Public Education Programs.--
``(1) In general.--Each operator of a gas pipeline or
hazardous liquid pipeline facility shall carry out a continuing
program to educate the public on--
``(A) the use of a one-call notification system prior
to excavation and other damage prevention activities;
``(B) the possible hazards associated with unintended
releases from the pipeline facility;
``(C) the physical indications that such a release
may have occurred;
``(D) what steps should be taken for public safety in
the event of a pipeline release; and
``(E) how to report such an event.
``(2) Review of existing programs.--Not later than 1 year
after the date of enactment of this paragraph, each operator of
a gas pipeline or hazardous liquid pipeline facility shall
review its existing public education program for effectiveness
and modify the program as necessary. The completed program
shall be reviewed by the Secretary of Transportation as an
element of Departmental inspections.
``(3) Standards.--The Secretary may issue standards
prescribing the details of a public education program and
providing for periodic review of the program's effectiveness
and modification as needed. The Secretary may also develop
material for use in the program.
``(4) Technical assistance.--The Secretary may provide
technical assistance on public safety and public education
programming regarding pipeline safety as follows:
``(A) To pipeline industry.--To the pipeline
industry, technical assistance on--
``(i) developing public safety and public
education program content; and
``(ii) using best practices for program
delivery and on evaluating the effectiveness of
the programs.
``(B) To state and local officials.--To State and
local officials, technical assistance on applying
practices developed in public safety and public
education programs to their activities to promote
pipeline safety.
``(b) Public Availability of Reports.--The Secretary shall make
available to the public a safety-related condition report filed by an
operator under section 60102(h) and, except as provided in section
60117(d)(2), a report of a pipeline incident filed by an operator under
this chapter.
``(c) Emergency Preparedness.--
``(1) Operator liaison.--Not later than 1 year after the date
of enactment of this subsection, each operator of a gas
pipeline or hazardous liquid pipeline facility shall initiate
and maintain liaison with the State emergency response
commissions, and local emergency planning committees in the
areas of pipeline right-of-way, established under section 301
of the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001) in each State in which it operates.
``(2) Emergency response plans.--The Secretary shall
prescribe standards to require each operator of a gas pipeline
or hazardous liquid pipeline facility--
``(A) to develop an emergency response plan for
responding to incidents involving the facility; and
``(B) to make the plan available upon request to
State and local officials.
``(3) Cooperation with local officials.--Each operator of a
gas pipeline or hazardous liquid pipeline facility shall work
in cooperation with State and local officials in the
development of State and local emergency response plans for
responding to incidents involving the facility.
``(d) Emergency Response Grants.--The Secretary may establish a
program for making grants to State, county, and local governments in
high consequence areas, as such an area is defined by the Secretary,
for emergency response management, training, and technical
assistance.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended by
striking the item relating to section 60116 and inserting the
following:
``60116. Community right-to-know and emergency preparedness.''.
SEC. 7. SAFETY AND SECURITY 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 potentially unsafe 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 unsafe condition.
``(m) Security Orders.--If the Secretary decides that a pipeline
facility has a vulnerability to terrorist attacks, the Secretary may
order that the operator of the facility take necessary actions to
eliminate or reduce the vulnerability.''.
SEC. 8. PENALTIES.
(a) Civil Penalties.--Section 60122(a)(1) is amended--
(1) by striking ``$25,000'' and inserting ``$50,000''; and
(2) by striking ``$500,000'' and inserting ``$750,000''.
(b) Criminal Penalties.--Section 60123(b) is amended by inserting
``as an act of terrorism or for any other purpose'' before ``shall be
fined''.
SEC. 9. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment
``(a) Study.--The Secretary of Transportation, in consultation with
appropriate Federal agencies and State and local governments, shall
undertake a study of land use practices and zoning ordinances with
regard to pipeline rights-of-way.
``(b) Purpose of Study.--The purpose of the study shall be to gather
information on land use practices and zoning ordinances--
``(1) to determine effective practices to limit encroachment
on existing 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
``(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way.
``(c) Considerations.--In conducting the study, the Secretary shall
consider, at a 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 on
pipeline rights-of-way so as to more effectively protect public
safety 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.
``(e) Local Assistance.--
``(1) In general.--In conducting the study and preparing the
report under this section, the Secretary shall consult with a
group of State and local officials selected by the Secretary.
The Secretary shall begin consulting with the group not later
than 90 days after the date of enactment of this subsection.
``(2) Membership.--The group shall be composed of members
selected by the Secretary from among elected officials of State
and local governments representing areas in which pipeline
facilities are located. At least one of the members shall be an
elected official of a local government with a population of
less than 10,000.
``(3) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the group
established under this subsection.''.
SEC. 10. ADDITIONAL GAS PIPELINE PROTECTIONS.
(a) Risk Analysis and Integrity Management Programs.--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 transmission
pipeline facility shall conduct an analysis of the risks to
each facility of the operator in an area identified pursuant to
subsection (a)(1) and shall adopt and implement a written
integrity management program for such facility to reduce the
risks.
``(2) Regulations.--Not later than 18 months after the date
of the 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 the conduct of the risk analysis and
adoption of the integrity management program to occur within a
time period prescribed by the Secretary, not to exceed 1 year
after the issuance of such 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), to be completed not later than 10
years after the date of the adoption of the integrity
management program, 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.
``(B) Subject to paragraph (4), periodic reinspection
of the facility, at a minimum of once every 7 years,
using methods described in subparagraph (A).
``(4) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement for
reinspection 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.
``(5) Considerations.--In developing standards under
paragraph (2), the Secretary shall take into consideration the
following:
``(A) The level of safety, the characteristics of the
gas, the application of existing or new technology, the
results of technical studies by recognized experts and
previous assessments, historical performance of gas
pipelines, engineering criteria for determining the
severity of threats to integrity, the availability of
inspection equipment and analytical personnel, the
security and reliability of supply, and the impact on
gas prices to consumers.
``(B) The appropriateness of the application of
various assessment methodologies, taking into account
the nature of the anomalies of specific pipeline
segments under investigation, including such
methodologies as direct assessment, hydrostatic
testing, in-line inspection, and other effective
methods.
``(C) The application of a prescriptive or
performance-based means of compliance (or a combination
thereof).
``(D) Incorporation of applicable national consensus
standards to create a consistent and effective approach
to risk assessment and prioritization, high consequence
areas, pipeline facility inspection, integrity
management, and repair requirements for managing
pipeline integrity.
``(E) The effectiveness of review and oversight of an
operator's integrity management plan by a designated
pipeline safety authority.
``(6) 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.
``(7) Inaction by the secretary.--Notwithstanding any failure
of the Secretary to prescribe standards as described in
paragraph (2), an operator of a pipeline facility shall conduct
a risk analysis and adopt and implement an integrity management
program under paragraph (1) not later than 30 months after the
date of the enactment of this subsection.
``(8) 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.
``(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.
``(9) 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
(8), 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.
``(10) 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
5 years after the date of enactment of this subsection, the Secretary
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 Performance-Based Waivers for Reinspection Intervals.--
(1) Study.--The Secretary of Transportation shall conduct a
study to determine the feasibility of extending the 7-year
reinspection interval required by section 60109(c)(3)(B) of
title 49, United States Code, on a case-by-case basis, as an
incentive for pipeline operators whose intregity management
plans exceed the minimum requirements for inspections and
repairs under section 60109(c) of such title and provide a
greater level of safety than such requirements.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study conducted, together with
such recommendations as the Secretary may have regarding
extension of the reinspection interval.
SEC. 11. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Establishment of Cooperative Program.--
(1) In general.--The heads of the participating agencies
shall develop and implement a program of research, development,
demonstration, and standardization to ensure the integrity of
energy pipelines and next-generation pipelines.
(2) Elements.--The program shall include research,
development, demonstration, and standardization activities
related to--
(A) materials inspection;
(B) 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;
(C) internal inspection and leak detection
technologies, including detection of leaks at very low
volumes;
(D) methods of analyzing content of pipeline
throughput;
(E) pipeline security, including improving the real-
time surveillance of pipeline rights-of-way, developing
tools for evaluating and enhancing pipeline security
and infrastructure, reducing natural, technological,
and terrorist threats, and protecting first response
units and persons near an incident;
(F) risk assessment methodology, including
vulnerability assessment and reduction of third-party
damage;
(G) communication, control, and information systems
surety;
(H) fire safety of pipelines;
(I) improved excavation, construction, and repair
technologies; and
(J) other elements the heads of the participating
agencies consider appropriate.
(3) Activities and capabilities report.--Not later than 6
months after the date of enactment of this Act, the
participating agencies shall transmit to Congress a report on
the existing activities and capabilities of the participating
agencies, including the national laboratories. The report shall
include the results of a survey by the participating agencies
of any activities of other Federal agencies that are relevant
to or could supplement existing research, development,
demonstration, and standardization activities under the program
created under this section.
(b) Program Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the participating agencies 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 Pipeline Integrity Technical Advisory
Committee established under subsection (c) for review, and the
report to Congress shall include the comments of the Advisory
Committee. The 5-year program plan shall take into account
related activities of Federal agencies that are not
participating agencies.
(2) Consultation.--In preparing the program plan, the
participating agencies shall seek the advice of other Federal
agencies, appropriate representatives of State and local
government and the private sector, including companies owning
energy pipelines and developers of next-generation pipelines,
utilities, manufacturers, institutions of higher learning,
pipeline research institutions, national laboratories,
environmental organizations, pipeline safety advocates,
professional and technical societies, and any other appropriate
entities to help establish program priorities.
(c) Pipeline Integrity Technical Advisory Committee.--
(1) Establishment.--The participating agencies shall
establish and manage a Pipeline Integrity Technical Advisory
Committee (in this subsection referred to as the ``Advisory
Committee''). The Advisory Committee shall be established not
later than 6 months after the date of enactment of this Act.
(2) Duties.--The Advisory Committee shall--
(A) advise the participating agencies on the
development and implementation of the program plan
prepared under subsection (b); and
(B) have a continuing role in evaluating the progress
and results of research, development, demonstration,
and standardization activities carried out under this
section.
(3) Membership.--
(A) Appointment.--The Advisory Committee shall be
composed of--
(i) 3 members appointed by the Secretary of
Energy;
(ii) 3 members appointed by the Secretary of
Transportation; and
(iii) 3 members appointed by the Director of
the National Institute of Standards and
Technology.
In making appointments, the participating agencies
shall seek recommendations from the National Academy of
Sciences.
(B) Qualifications.--Members appointed to the
Advisory Committee shall have experience or be
technically qualified, by training or knowledge, in the
operations of the pipeline industry, and have
experience in the research and development of pipeline
or related technologies.
(C) Compensation.--The members of the Advisory
Committee shall serve without compensation, but shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(4) Meetings.--The Advisory Committee shall meet at least 4
times each year.
(5) Termination.--The Advisory Committee shall terminate 5
years after its establishment.
(d) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the participating
agencies shall each transmit to Congress a report on the status and
results to date of the implementation of their portion of the program
plan prepared under subsection (b).
(e) Memorandum of Understanding.--Not later than 120 days after the
date of enactment of this Act, the participating agencies shall enter
into a memorandum of understanding detailing their respective
responsibilities under this section, consistent with the activities and
capabilities identified under subsection (a)(3). Each of the
participating agencies shall have the primary responsibility for
ensuring that the elements of the program plan within its jurisdiction
are implemented in accordance with this section. The Department of
Transportation's responsibilities shall reflect its expertise in
pipeline inspection and information systems surety. The Department of
Energy's responsibilities shall reflect its expertise in low-volume
leak detection and surveillance technologies. The National Institute of
Standards and Technology's responsibilities shall reflect its expertise
in standards and materials research.
(f) Definitions.--In this section, the following definitions apply:
(1) Energy pipeline.--The term ``energy pipeline'' means a
pipeline system used in the transmission or local distribution
of natural gas (including liquefied natural gas), crude oil, or
refined petroleum products.
(2) Next-generation pipeline.--The term ``next-generation
pipeline'' means a transmission or local distribution pipeline
system designed to transmit energy or energy-related products,
in liquid or gaseous form, other than energy pipelines.
(3) Participating agencies.--The term ``participating
agencies'' means the Department of Energy, the Department of
Transportation, and the National Institute of Standards and
Technology.
(4) Pipeline.--The term ``pipeline'' means an energy pipeline
or a next-generation pipeline.
(g) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to the Secretary of Energy $10,000,000;
(2) to the Secretary of Transportation $5,000,000; and
(3) to the National Institute of Standards and Technology
$5,000,000,
for each of the fiscal years 2003 through 2007 for carrying out this
section.
SEC. 12. QUALIFICATION OF PIPELINE PERSONNEL.
(a) Qualification Programs.--
(1) In general.--Chapter 601 is further amended by adding at
the end the following:
``Sec. 60129. Qualification of pipeline personnel
``(a) Qualification Program.--Not later than one year after the date
of enactment of this section, each operator of a gas pipeline or
hazardous liquid pipeline facility shall adopt and implement a written
qualification program that ensures that all individuals performing
covered tasks for the facility are qualified to perform such tasks.
``(b) 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 performing covered tasks for the facility. Such
method may not be limited to observation of on-the-job
performance unless such observation includes a written
performance evaluation.
``(2) A requirement that the operator complete the
qualification of all individuals performing covered tasks for
the facility not later than 18 months after the date of
adoption of the program.
``(3) A periodic requalification component that provides for
examination or testing of individuals in accordance with
paragraph (1).
``(c) Review of Qualification Programs.--
``(1) Review of programs.--
``(A) In general.--The Secretary or a State authority
responsible for enforcing standards prescribed under
this chapter shall review the qualification program of
an operator and record the results of that review for
use in the next review of an operator's program.
``(B) Context of review.--The Secretary or State
authority may conduct a review under subparagraph (A)
as an element of its inspection of an operator.
``(C) Inadequate programs.--If the Secretary or a
State authority determines that a qualification program
is inadequate for the safe operation of a pipeline
facility, the Secretary or State authority shall act
under section 60108(a)(2) to require the operator to
revise the qualification program.
``(2) Amendments to programs.--In order to facilitate reviews
under this subsection, an operator shall notify the Secretary
or State authority, as appropriate, of any amendment made to
the operator's qualification program not later than 30 days
after the date of adoption of the amendment.
``(3) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement of
this section.
``(d) 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, as in effect on the date of enactment
of this section; and
``(2) with respect to a hazardous liquid pipeline facility,
has the meaning such term has under section 195.501 of such
title, as in effect on the date of enactment of this
section.''.
(2) Conforming amendment.--The analysis for chapter 601 is
further amended by adding at the end the following:
``60129. Qualification of pipeline personnel.''.
(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 supervisory control and data
acquisition (referred to in this subsection as
``SCADA'') 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 SCADA systems for controlling the operations
of pipelines at such facilities are required to be
certified under the process established under
subparagraph (A).
(2) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on 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 SCADA systems for controlling the
operations of pipelines;
(C) any recommendations of the Secretary for
requiring the certification of all individuals who
operate SCADA 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) Report on operator qualification rule implementation.--
Not later than 2 years after the date of the enactment of this
section, the Secretary shall transmit to Congress a report on
the implementation of the operator qualification rule issued by
the Secretary in August 1999.
SEC. 13. SECURITY OF PIPELINE FACILITIES.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60130. Security of pipeline facilities
``(a) Terrorism Security Programs.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary of Transportation shall require the
operator of a pipeline facility to develop and implement a
terrorism security program.
``(2) Contents of programs.--
``(A) In general.--A terrorism security program of a
pipeline operator shall consist of written procedures
to follow and actions to take in the event of a
terrorist attack on a pipeline facility or an attack on
other infrastructure facilities in the United States.
Such procedures shall include procedures for
communicating with military, law enforcement, emergency
service, and other appropriate State and local
government and non-government entities.
``(B) Standard.--A terrorism security program of a
pipeline operator shall require the operator to
establish and implement reasonable procedures to
safeguard the pipeline facility and safely maintain its
operations.
``(3) Approval of programs.--Not later than 1 year after the
date of enactment of this section, the Secretary shall conduct
a review of, and approve or disapprove, the terrorism security
program of each pipeline operator. The Secretary shall
prescribe procedures for the review and standards for the
approval of such programs.
``(b) Technical Assistance.--The Secretary may provide technical
assistance to an operator of a pipeline facility, or to State, tribal,
or local officials, to prevent or respond to acts of terrorism that may
affect the pipeline facility. Such technical assistance may include at
a minimum--
``(1) actions by the Secretary that support the use of
National Guard or State or Federal personnel to provide
additional security for a pipeline facility at risk of
terrorist attack or in response to such an attack;
``(2) use of resources available to the Secretary to develop
and implement security measures for a pipeline facility;
``(3) identification of security issues with respect to the
operation of a pipeline facility; and
``(4) the provision of information and guidance on security
practices that prevent damage to pipeline facilities from
terrorist attacks.''.
(b) Conforming Amendment.--The analysis for chapter 601 is further
amended by adding at the end the following:
``60130. Security of pipeline facilities.''.
SEC. 14. NATIONAL PIPELINE MAPPING SYSTEM.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60131. National pipeline mapping system
``(a) Information To Be Provided.--Not later than 30 days after the
date of enactment of this section, the operator of a pipeline facility
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 periodic 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 further
amended by adding at the end the following:
``60131. National pipeline mapping system.''.
SEC. 15. ADMINISTRATIVE PROCESS FOR PERMITTING OF PIPELINE REPAIR
ACTIVITY.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60132. Administrative process for permitting of pipeline repair
activity
``(a) Interagency Committee.--
``(1) Establishment.--Within 30 days after the date of
enactment of the Pipeline Infrastructure Protection to Enhance
Security and Safety Act, the President shall establish an
Interagency Committee on Pipeline Repair Permitting (in this
section referred to as the `Interagency Committee').
``(2) Membership.--The Chairman of the Council on
Environmental Quality (or a designee of the Chairman) shall
chair the Interagency Committee, which shall also include each
of the following persons (or a designee thereof):
``(A) The Secretary.
``(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) Purposes.--The Interagency Committee shall evaluate
current Federal permitting requirements to which access,
excavation, and restoration activities in connection with
pipeline repairs may be subject and shall recommend to the
Secretary a process by which owners or operators of pipelines
(in this section referred to as `pipeline operators') may
commence and complete all such activities necessary to carry
out pipeline repairs that must be completed within time periods
specified by rule by the Secretary under the integrity
management program. As part of its evaluation, the Interagency
Committee shall examine access, excavation, and restoration
activities currently used in the pipeline industry in
connection with pipeline repairs and shall develop a compendium
of best practices used by the industry to access, excavate, and
restore the site of a pipeline repair.
``(4) 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 deems appropriate.
``(b) Implementation.--
``(1) Proposed rule.--Within 180 days after the date of
enactment of the Pipeline Infrastructure Protection to Enhance
Security and Safety Act, the Interagency Committee shall
present its evaluation and recommendations to the Secretary.
Within 30 days after the date on which such evaluation and
recommendations are presented, the Secretary shall propose a
rule, based on and consistent with such recommendations, to
establish a process by which pipeline operators may commence
and complete all access, excavation, and restoration activities
necessary to carry out pipeline repairs that must be completed
within time periods specified by rule by the Secretary under
the integrity management program. Such proposed rule shall
contain the provisions required by paragraph (2) and shall
incorporate, to the extent practicable and cost effective, the
compendium of best practices developed by the Interagency
Committee.
``(2) Final rule.--
``(A) Issuance.--The Secretary shall issue a final
rule not later than 180 days after the date on which
the Interagency Committee presents its evaluation and
recommendations to the Secretary.
``(B) Content.--The final rule shall--
``(i) provide that a pipeline operator
carrying out a pipeline repair project as part
of its pipeline integrity management program
may proceed with the project only if the
operator provides notice to the Secretary that
the operator is proceeding with the repairs in
compliance with the applicable best practices
incorporated in such final rule and the
Secretary concurs;
``(ii) provide that if the Secretary
disapproves of the operator proceeding with the
repairs as described in the operator's notice,
the Secretary shall provide notice to the
operator of the disapproval in the 7-day period
beginning on the date of receipt by the
Secretary of the operator's notice, together
with a description of the actions that the
operator must take to receive the Secretary's
concurrence;
``(iii) provide that if the Secretary does
not provide notice to an operator of the
Secretary's disapproval of the operator
proceeding with the repairs as described in the
operator's notice in the 7-day period described
in clause (ii), the Secretary shall be deemed
to concur;
``(iv) provide that if the Secretary
disapproves of the operator proceeding with the
repairs as described in the operator's notice,
the Secretary shall provide the operator with
an opportunity to resubmit a notice for the
pipeline repair project under clause (i); and
``(v) require a certification to the
Secretary following completion of the repair
project that the project was completed in
compliance with all such best practices.
``(C) Effective date.--The final rule shall be made
effective no later than 90 days after it is published
in the Federal Register.
``(c) Relationship to Other Permits.--
``(1) Other federal permits.--A pipeline operator that
proceeds to carry out a pipeline repair project under the
provisions of the final rule described in subsection (b) shall
not be required to obtain a permit from any other Federal
agency before carrying out such repair project, except as may
be provided in such final rule.
``(2) Savings provisions; no preemption.--Nothing in this
section shall be construed in connection with a particular
repair situation--
``(A) to require a pipeline operator to comply with
the final rule described in subsection (b) if no
Federal permit would otherwise have been required under
Federal law;
``(B) to prohibit a pipeline operator from opting to
obtain all permits otherwise necessary under Federal
law rather than proceeding under the final rule
described in subsection (b); or
``(C) to preempt otherwise applicable State and local
permitting requirements.
``(d) Repair Projects not Comporting With Best Practices.--
``(1) Preparation of site management plan.--In the case of
any pipeline repair that must be completed within time periods
specified by rule by the Secretary under the integrity
management program, but for which repair activities may not
proceed under subsection (b) because the repair is not able to
comport with the requirements of the final rule issued
thereunder or for any other reason, or any repair project on
which work has been commenced but which the pipeline operator
thereafter discovers cannot comport with such requirements, the
pipeline operator shall prepare a specific site management plan
for the proposed access, excavation, and restoration
activities.
``(2) Submission of plan to permitting agencies.--Such plan
shall be submitted to all applicable permitting agencies for
review and approval, and to the Secretary. In the event an
agency has not approved a permit application within 60 days
after its submission, or has not issued a denial of such
application within 60 days together with a specification of
items in the application requiring correction, the pipeline
operator shall be permitted to proceed with the proposed repair
activities as provided in its site management plan.
``(3) Failure to adhere to plan.--If the pipeline operator
fails to adhere to its site management plan and such failure
results in damage to human health, public safety, or the
environment, the owner or operator shall be subject to such
civil and criminal remedies and penalties as are otherwise
provided by Federal, State, and local law.
``(e) Interim Operational Alternatives.--
``(1) In general.--Within 30 days after the date of enactment
of the Pipeline Infrastructure Protection to Enhance Security
and Safety Act, the Secretary shall commence a rulemaking to
permit pressure reduction, line monitoring, and other
mitigation measures to be employed, as appropriate, during the
period between such date of enactment and the date on which the
final rule issued under subsection (b) becomes effective, on
pipeline facilities subject to time periods for repair
specified by rule by the Secretary under the integrity
management program. Such alternative mitigation measures shall
be available only to a pipeline operator that, with respect to
a particular repair project, has applied for and is pursuing in
good faith all required Federal, State, and local permits to
carry out the project.
``(2) Factors to consider.--In issuing the final rule under
this subsection, the Secretary shall consider the need to
protect human health, public safety, and the environment, to
ensure continuity in energy supplies, and to avoid conflict
between and among regulatory regimes.
``(3) Deadline for issuance.--The Secretary shall issue a
final rule under this subsection within 90 days after the date
on which a notice of proposed rulemaking is published in the
Federal Register.
``(f) Ombudsman.--The Secretary shall designate an ombudsman to
assist in expediting pipeline repairs and resolving disagreements
between the permitting agency and the pipeline operator during agency
review of any pipeline repair activity, or during the review of any
permit application under subsection (d), consistent with protection of
human health, public safety, and the environment.
``(g) State and Local Permitting Processes.--The Secretary shall
encourage States and local governments to streamline their respective
permitting processes for pipeline repair projects subject to time
periods for repair specified by rule by the Secretary under pipeline
integrity management programs. The Secretary may request other relevant
Federal agencies to provide technical assistance to States and local
governments for the purpose of encouraging such streamlining.
``(h) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval issued or made under this
section, the relevant Federal or State agency shall be bound by the
project purpose and need as defined by the Secretary.''.
(b) Conforming Amendment.--The analysis for chapter 601 is further
amended by adding at the end the following:
``60132. Administrative process for permitting of pipeline repair
activity.''.
SEC. 16. PIPELINE SECURITY-SENSITIVE INFORMATION.
Section 60117(d) is amended--
(1) by striking ``Information'' and inserting the following:
``(1) In general.--Information'';
(2) by moving the remainder of the text of paragraph (1) (as
so designated) 2 ems to the right; and
(3) adding at the end the following:
``(2) Information revealing vulnerabilities.--
``(A) In general.--If the Secretary determines that
particular information obtained by the Secretary or an
officer, employee, or agent in carrying out this
chapter may reveal a systemic vulnerability of a
pipeline system, or a vulnerability of pipeline
facilities to attack, the information shall be withheld
from public disclosure.
``(B) Disclosure to certain persons.--Information
withheld from public disclosure under subparagraph (A)
may be disclosed only--
``(i) to an officer, employee, or agent of a
Federal, State, tribal, or local government,
including a volunteer fire department,
concerned with carrying out this chapter, with
protecting the facilities, with protecting
public safety, or with national security
issues;
``(ii) in an administrative or judicial
proceeding brought under this chapter or one
that addresses terrorist actions or threats of
such actions; and
``(iii) to such other persons as the
Secretary determines necessary to protect
public safety and security.
``(C) Disclosure determinations.--The Secretary, by
regulation, may make a determination regarding
disclosure under subparagraph (A) with respect to a
category of information or a class of persons.
``(D) Relationship to title 5.--A release of
information withheld from public disclosure under
subparagraph (A) to persons identified in subparagraph
(B) is not a release to the public within the meaning
of section 552 of title 5.''.
SEC. 17. TECHNICAL AMENDMENTS.
Chapter 601 is amended--
(1) in section 60102(a)--
(A) by striking ``(a)(1)'' and all that follows
through ``The Secretary of Transportation'' and
inserting the following:
``(a) Minimum Safety Standards.--
``(1) In general.--The Secretary of Transportation'';
(B) by moving the remainder of the text of paragraph
(1), including subparagraphs (A) and (B) but excluding
subparagraph (C), 2 ems to the right; and
(C) in paragraph (2) by inserting ``Qualifications of
pipeline operators.--'' before ``The qualifications'';
(2) in section 60110(b) by striking ``circumstances'' and all
that follows through ``operator'' and inserting the following:
``circumstances, if any, under which an operator'';
(3) in section 60114 by redesignating subsection (d) as
subsection (c);
(4) in section 60122(a) by striking ``section 60114(c)'' and
inserting ``section 60114(b)''; and
(5) in section 60123(a) by striking ``60114(c)'' and
inserting ``60114(b)''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(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 sections 60107 and 60130) related to gas and hazardous liquid, the
following amounts are authorized to be appropriated to the Department
of Transportation:
``(1) $35,500,000 for fiscal year 2002, of which $29,500,000
is to be derived from user fees for fiscal year 2002 collected
under section 60301 of this title.
``(2) $37,900,000 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.
``(3) $41,700,000 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.
``(4) $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.''.
(b) State Grants.--Section 60125 is amended--
(1) by striking subsections (b), (d), and (f) and
redesignating subsections (c) and (e) as subsections (b) and
(d), respectively; and
(2) in subsection (b)(1) (as so redesignated) by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $18,500,000 for fiscal year 2002, of which $13,500,000
is to be derived from user fees for fiscal year 2002 collected
under section 60301 of this title.
``(B) $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.
``(C) $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.
``(D) $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.''.
(c) Research.--Section 60125 is amended by inserting after subsection
(b) (as redesignated by subsection (b)(1) of this section) the
following:
``(c) Pipeline Integrity Research, Development, and Demonstration.--
In addition to amounts authorized under subsections (a) and (b), not
more than $3,000,000 for each of fiscal years 2002 through 2005 may be
appropriated to the Secretary to carry out section 60130.''.
(d) Conforming Amendment.--Section 60125(d) (as redesignated by
subsection (b)(1) of this section) is amended by striking ``or (b) of
this section''.
(e) Emergency Response Grants.--Section 60125 is amended by adding
after subsection (d) (as redesignated by subsection (b)(1) of this
section) the following:
``(e) Emergency Response Grants.--There are authorized to be
appropriated $6,000,000 for each of fiscal years 2002, 2003, and 2004
to carry out subsection (d) of section 60116.''.
SEC. 19. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60133. Protection of employees providing pipeline safety
information
``(a) Discrimination Against Pipeline Employees.--No pipeline
operator, or contractor or subcontractor of a pipeline operator, may
discharge an employee or otherwise discriminate 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 employer) or cause to be provided to
the employer or Federal Government information relating to any
violation or alleged violation of any order, regulation, or
standard of the Research and Special Programs Administration or
any other provision of Federal law relating to pipeline safety
under this chapter or any other law of the United States;
``(2) 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;
``(3) has filed, caused to be filed, or is about to file
(with any knowledge of the employer) or cause to be filed a
proceeding relating to any violation or alleged violation of
any order, regulation, or standard of the Administration or any
other provision of Federal law relating to pipeline safety
under this chapter or any other law of the United States;
``(4) testified or is about to testify in such a proceeding;
or
``(5) assisted or participated or is about to assist or
participate in such a proceeding.
``(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 file (or have
any person file on his or her behalf), not later than 90 days
after the date on which such violation occurs, a complaint with
the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
of Labor shall notify, in writing, the person named in the
complaint and the Administrator of the Research and Special
Programs Administration of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities
that will be afforded to such person under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the
date of receipt of a complaint filed under paragraph
(1) and after affording the person named in the
complaint an 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 to present statements from witnesses, the
Secretary 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 alleged to have committed a
violation of subsection (a) of the Secretary's
findings. If the Secretary concludes that there is
reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary shall
accompany the Secretary's findings with a preliminary
order providing the relief prescribed by paragraph
(3)(B). Not later than 30 days after the date of
notification of findings under this paragraph, either
the person alleged to have committed the violation or
the complainant may file objections to the findings or
preliminary order, or both, and request a hearing on
the record. The filing of such objections shall not
operate to stay any reinstatement remedy contained in
the preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such
30-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 paragraphs (1) through (5) of
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 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 may determine that a
violation of subsection (a) has occurred only
if the complainant demonstrates that any
behavior described in paragraphs (1) through
(5) of 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 120 days after the date of conclusion of
a hearing under paragraph (2), the Secretary of Labor
shall issue a final order providing the relief
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, the complainant, and the person alleged to
have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary determines that a
violation of subsection (a) has occurred, the Secretary
shall order the person 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, at the request of the complainant, shall
assess 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 determined by the Secretary, by
the complainant for, or in connection with, the
bringing the complaint upon which the order was issued.
``(C) Frivolous complaints.--If the Secretary finds
that a complaint under paragraph (1) is frivolous or
has been brought in bad faith, the Secretary 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. 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 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
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 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 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.
``(d) Nonapplicability To Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of a pipeline operator,
contractor, or subcontractor who, acting without direction from the
pipeline operator, contractor, or subcontractor (or such person's
agent), deliberately causes a violation of any requirement relating to
pipeline safety under this chapter or any other law of the United
States.
``(e) Contractor Defined.--In this section, the term `contractor'
means a company that performs safety-sensitive functions by contract
for a pipeline operator.''.
(b) Civil Penalty.--Section 60122(a) is amended by adding at the end
the following:
``(3) A person violating section 60129, or an order issued
thereunder, is liable to the Government for a civil penalty of not more
than $1,000 for each violation. The penalties provided by paragraph (1)
do not apply to a violation of section 60129 or an order issued
thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 601 is further
amended by adding at the end the following:
``60133. Protection of employees providing pipeline safety
information.''.
SEC. 20. PIPELINE BRIDGE RISK STUDY.
(a) Initiation.--Within 90 days after the date of enactment of this
Act, the Secretary of Transportation shall initiate 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 1 year 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.
Purpose of the Legislation
The Pipeline Infrastructure Protection to Enhance Security
and Safety Act, H.R. 3609, reauthorizes the Office of Pipeline
Safety within the Department of Transportation for fiscal years
2002 through 2005. The Office's authorization expires September
30, 2002.
Background and Need for the Legislation
H.R. 3609 amends Federal ``one-call notification system''
provisions concerning notification to underground facility
operators of excavations to: (1) require participation by
government operators; and (2) encourage the adoption of the
``Common Ground'' report. The bill also provides improvements
in public education programs concerning pipeline safety issues
under the jurisdiction of the Office of Pipeline Safety (OPS)
with in the Department of Transportation (DOT).
The bill also provides the Secretary of Transportation and
OPS guidelines through which States act as agents for the OPS
in the regulatory interstate pipelines. The bill provides
authority and guidance under which the Secretary of
Transportation may provide information to local communities
concerning pipeline safety. The bill additionally improves the
emergency preparedness of the local communities.
The bill also requires the Secretary of Transportation:
when assessing the security and safety of pipeline facilities;
(1) to assess the vulnerabilities of such facilities to
terrorist attacks; (2) to include in such standards a
requirement that pipeline facility operators participate in a
public safety program when prescribing minimum safety standards
for pipeline transportation and for pipeline facilities; and
(3) to establish pipeline public education and safety
standards.
The bill amends the penalties the Secretary of
Transportation may seek against violators of pipeline safety
regulations and laws by increasing the daily and total dollar
amounts. The bill also directs the Secretary of Transportation
to conduct a study concerning population encroachment issues
and how they affect pipeline safety.
The bill requires the Secretary of Transportation to
promulgate a rule regarding Integrity Management Programs for
operators of pipelines that include required time periods for
inspections.
It directs the Secretary of Transportation, in coordination
with the Secretary of Energy, to develop and implement a
cooperative program of research, development, and demonstration
to ensure the integrity of pipeline facilities. The bill
requires the establishment of a Pipeline Integrity Technical
Advisory Committee to develop a cooperative pipeline facility
integrity program. The bill also establishes a pipeline
controller certification qualification program. It additionally
imposes new security requirements for pipeline facilities.
Under the bill, a pipeline facility operator is required
to: (1) provide geospatial data appropriate for use in the
National Pipeline Mapping System; (2) identify the person with
primary operational control; (3) develop and implement
terrorism security programs; and (4) take necessary corrective
actions with a condition deemed potentially unsafe.
The bill provides for a coordinated environmental review
process for pipeline repairs so that an operator may make
repairs within the time periods required by current OPS
regulations while obtaining, or otherwise complying with, the
applicable environmental regulations or protections in current
law.
The bill also permits withholding from the public certain
pipeline information that may reveal the systemic vulnerability
of a pipeline to attack. It additionally provides whistleblower
protections to pipeline employees. It further requires OPS to
conduct a study of the safety of suspension bridge pipelines.
H.R. 3609 reauthorizes the Office of Pipeline Safety within
the Department of Transportation for fiscal years 2002 through
2005. The Office's authorization expires September 30, 2002.
The Department of Transportation's Research and Special
Programs Administration, acting through the Office of Pipeline
Safety (OPS), administers the Department's national regulatory
program to assure the safe transportation of natural gas,
petroleum, and other hazardous materials by pipeline. OPS
develops regulations and other approaches to risk management to
assure safety in design, construction, testing, operation,
maintenance, and emergency response of pipeline facilities.
Since 1986, a user fee assessed on a per-mile basis on each
pipeline operator OPS regulates has funded the entire pipeline
safety program.
OPS safety jurisdiction over pipelines covers more than
3,000 gathering, transmission, and distribution operators as
well as some 52,000 master meter and liquefied natural gas
(LNG) operators who own and/or operate approximately 1.6
million miles of gas pipelines, in addition to over 200
operators and an estimated 155,000 miles of hazardous liquid
pipelines. OPS currently has approximately 70 employees: half
work at Headquarters in Washington, DC, and the other half work
in the five OPS regional offices located in Washington, DC,
Atlanta, GA, Kansas City, MO and Houston, TX.
Summary of the Legislation
SECTION 1. SHORT TITLE
The bill is named the ``Pipeline Security and Safety Act.''
The Act amends Title 49 of the U.S. Code.
SECTION 2. ONE-CALL NOTIFICATION PROGRAMS
This section amends chapter 61 to improve the effectiveness
of one-call notification programs. A significant number of
outside force damage incidents occur because many counties and
local governments are exempt from one-call requirements.
Section 6103 is amended to impose additional requirements for
those qualified to receive grants to States under section 6106
by including in subsection (a)(1) all government operators.
Subsection (a)(2) is also amended to specifically include all
government and contract excavators. Further, the section amends
subsection (c) to require State one-call programs to document
in addition to the previous requirement of ``providing for''
several criteria. Section 6104 is amended by striking its
reporting requirement.
Section 6105 originally required a study to determine the
most effective one-call notification practices. The
``Implementation of best practices guidelines'' section
replaces current law with language directing the Secretary of
Transportation to encourage the adoption and implementation of
the Common Ground study. It further requires the Secretary to
encourage the adoption and implementation of the best practices
contained in the study, which is periodically updated. The
section further requires the Secretary to provide technical
assistance to and participate in programs sponsored by non-
profits specifically established to reduce construction related
damage. The Secretary may also provide grants to the non-
profits not exceeding $500,000 per fiscal year.
Section 6107 is amended to provide authorization of
appropriations for State grants of $1 million for each of
Fiscal Year's 2002-2005, and language providing for FY 2000
appropriations is removed. The Act further amends the
appropriations authorization for sections 6103-6105 provides
such sums as may be necessary for Fiscal Year's 2002-2005.
SECTION 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS
Section 60104(c) is amended to allow a State to enforce
that State's one-call notification program requirements if they
are compatible with the federal program requirements.
Section 60114(a)(2) is amended to include a government
employee or contractor in the definition of a person required
to contact the appropriate system prior to engaging in an
activity the Secretary determines could cause physical damage
to an underground facility.
Section 60123(d), criminal penalties for failure to use
one-call notification or not heeding location information or
markings, is amended to clarify the intent requirement by
placing it in a more appropriate subsection. (``knowingly and
willfully'' engages in) The section further makes an individual
liable if his activity subsequently damages a pipeline
facility, if he does not promptly report it but only when he
knows or has reason to know of the damage.
SECTION 4. PUBLIC EDUCATION PROGRAMS
Section 60102(b) is renamed ``Security and Safety
Standards'' currently know as ``Practicability and Safety Needs
Standards.'' Other changes are made to include security as a
compliment of the section.
Section 60102(c) is amended to include of hazardous liquid
pipeline facilities in the public safety program described in
the section. The original language required only that gas
pipeline facilities participate in the program. The subsections
are renumbered to reflect the removal of section 3, which
addressed hazardous liquid lines separate from gas lines.
The new subsection 3 is renamed ``Promoting Public Safety''
from ``Promoting Public Awareness'' and is updated to remove
language setting deadlines which pass prior to the date of
enactment. Hazardous liquid pipelines are added to the annual
mapping requirement. Subsection 3 is further amended to
restructure existing language for clarification and enable the
Secretary to provide technical assistance to State and local
officials in applying practices to educate the public and
promote pipeline safety. The Secretary is required to institute
rulemakings on public safety and education program components
and on appropriate limitations on access to pipeline maps.
SECTION 5. STATE ROLE OVERSIGHT
Section 60106 is amended to expand the authority of the
Secretary of Transportation with regard to agreements with
States where no certification exists under section 60105.
Section 60106(b)(1), the content requirements of the
agreement with certification is amended where the Secretary
authorizes a State to participate in the oversight of
interstate pipeline transportation. Each agreement must include
a plan for participation in special investigations involving
incidents or new construction and allow the State to expand its
role to additional oversight and inspection or investigative
activities. However, delegation of enforcement to the State is
not allowed.
Section 60106(b)(2) contains the required determinations
for each agreement, which must be made in writing by the
Secretary. Subsection (A) requires the agreement be found
consistent with other programs for inspection as well as safety
policies and provisions. Subsection (B) requires the agreement
be found not to harm the oversight responsibilities for
intrastate pipeline transportation by the State. Subsection (C)
requiresthe State to be found to be carrying a program
demonstrated to promote preparedness and risk prevention activities
that enable communities to live safely with pipelines. Subsection (D)
requires a finding that the State is in compliance with one-call
notification in chapter 61. Subsection (E) requires that the actions
planned under the agreements would not impede interstate commerce or
public safety.
Section 60106(b)(3) allows the Secretary to continue
agreements with States already in force, while the Secretary
pursues a new agreement under the amended authority, until
December 31, 2003. This section preserves the Secretary's
authority to terminate an agreement or correct deficiencies,
if: (A) the State fails to comply with the agreements, (B) a
gap in oversight was created by the agreement in intrastate
pipeline oversight, or (C), continuing the agreement has an
adverse impact on pipeline safety.
Section 60106(c) notification authority is amended to
include response requirements by the Secretary where a State
notifies the Secretary under section 60106(c)(1) of a violation
or probable violation of an applicable safety standard
discovered under the agreement entered into under 60106. In
60106(c)(2)(a), the Secretary, not later than 60 days after
receipt of such notification, shall: (A), either issue an order
under section 60118(b) or take appropriate enforcement actions;
or (B), provide the State with a written explanation why no
action was taken.
Section 60106(e) is added to address new authority in
ending agreements. Subsection (e)(1) contains permissive
termination authority for the Secretary, while (e)(2) contains
mandatory termination authority. Under 60106(e)(2), the
Secretary must end an agreement if it is found that: (A), a gap
in oversight responsibilities for intrastate pipeline
transportation by the State Authority has been produced; (B)
the State actions have failed to meet the requirements under
subsection (b); or (C) that continuing the agreement does not
promote pipeline safety.
Section 60106(e)(3) contains the procedural requirements
for ending an agreement, permissively or by mandate.
SECTION 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS
This section amends existing authority of the Secretary
under section 60116 concerning the requirement that each
operator of a gas pipeline or hazardous liquid pipeline
facility carry a continuing program to educate the public. The
requirements for each operator's public education plan are
mandatory, and listed in subsection 60116(a)(1), beginning
with: (A) education on use of one-call systems prior to
excavation and other activities, (B) education on the possible
hazards from damage, (C) education on how to determine if
damage has been done, and (D) what to do for public safety if
damage is in fact done.
Section 60116(a)(2), requires each operator to review their
plan after one year for effectiveness and modify it as
necessary. The Secretary is also required to review each
program as well. Under 60116(a)(3) the Secretary is given
authority to issue standards for public education programs and
their review, as well as to develop material for use in the
programs. Under 60116(a)(4), the Secretary is given authority
to provide technical assistance on public education programs to
(A) the pipeline industry for (i) the content of the program
and (ii) delivering the program and evaluating its
effectiveness. Under (B) of the same section, the Secretary may
provide technical assistance to State and local officials, on
applying practices developed in public safety and public
education programs to their activities to promote pipeline
safety. Section 60116(b) requires the Secretary to make public
a safety-related condition report filed by an operator under
section 60102(h) and, subject to section 60117(d)(2), a report
of a pipeline incident filed by an operator under this chapter.
Section 60116(c) requires that within one year of
enactment, each operator establish and maintain a liaison with
State and local emergency response and planning committees in
the areas of pipeline right-of-way consistent with 42 U.S.C.
11001, in each State in which it operates. Section (2) grants
authority to the Secretary to prescribe standards which require
each operator to: (A) develop an emergency response plan and
(B) make the plan available to the State upon request. Under
subparagraph (3), each operator must work with the State and
local officials in developing an emergency response plan.
Section 60116(d) grants the Secretary authority to establish a
grant program for State, county and local officials for
emergency response management, training and technical
assistance.
SECTION 7. SAFETY AND SECURITY ORDERS
Amends section 60117(d) to safeguard the confidentiality of
information. Section 60117(d)(2)(A) amends the section to
address the treatment of information which may reveal
vulnerabilities. Under this section, if the Secretary
determines that information of a vulnerability of a pipeline
system, or a vulnerability to attack, the information shall be
withheld from public disclosure.
Section 60117(d)(2)(B) describes to whom information
withheld under (A) may be disclosed. Subsection (C) grants the
Secretary the authority to make the determinations under
subparagraph (A) for a category of information or class of
persons. Subparagraph (D) makes clear that disclosures in this
section are not a release of information under FOIA, 5 U.S.C.
552. Subparagraphs (l) and (m) are added to address safety
orders and security orders respectively. Subparagraph (l)
grants the Secretary the authority to take necessary corrective
action if he decides that a pipeline facility has a potentially
unsafe condition. Subparagraph (m) may take similar corrective
action if he decides a pipeline facility has a vulnerability to
terrorist attacks.
SECTION 8. PENALTIES
Amends section 60112 to increase civil penalties for
violations from $25,000 to $50,000 for daily fines with a cap
per incident increase from $500,000 to $750,000. Subparagraph
(3) establishes that a violation of section 60129 carries with
it a civil liability to the government of not more than $1,000
for each violation, while making clear that penalties under
subparagraph (1) do not apply to a violation of section 60129
or an order issued under there.
This section also amends section 60123(b) to include
criminal penalties for damage to a pipeline facility due to a
terrorist attack. Subparagraph (d) is amended to clarify the
``knowing and willful'' standard for finding an excavation
activity a violation. Section 60123(d)(2)(B) is amended to
clarify the events under 60123(d)(1), that trigger the
authority in 60123(d)(2). The damage contemplated must occur at
a pipeline facility and the person causing the damage must know
or have reason to know of it, but does not report the damage
promptly to the operator of the pipeline facility and to other
appropriate authorities.
SECTION 9. POPULATION ENCROACHMENT
Section 60127 required the Secretary to make the land use
recommendations of Transportation Research Board Report 219
available to States. Section 60127(a) would require a new study
of land use practices and zoning ordinances with respect to
pipeline rights-of-way to limit population encroachment. Under
Section 60127(d) the Secretary must issue a report within one
year of enactment regarding successful practices, laws and
ordinances.
SECTION 10. ADDITIONAL GAS PIPELINE PROTECTIONS
Section 60109 is amended by adding at the end subparagraph
(C) entitled Risk Analysis and Integrity Management Programs.
Section 60109(c)(1) requires each operator of a gas pipeline
facility to conduct an analysis of the risks to each facility
that operates in a High Consequence Area and implement a
written integrity management program for such facility to
reduce the risks. Section 60109(c)(2) requires the Secretary,
within 18 months of enactment, to issue regulations prescribing
the standards of analysis for the risk analysis each operator
conducts under section 60109(c)(1). This section requires the
analysis to be completed not later than one year after issuance
of the standards. Section 60109(c)(3) States the minimum
contents of the integrity management program required under
60109(c)(1). Under 60109(c)(3)(A), each operator must establish
a baseline assessment of its facilities within 10 years after
the date of adoption of the integrity management program. The
methods of assessment are described within the paragraph.
Subparagraph (3)(B) requires, subject to subparagraph (4), a
periodic re-inspection of the facility at intervals not more
than 7 years.
Section 60109(c)(4) makes clear the Secretary may grant a
waiver under 60118(c) for re-inspections under 60109(c)(3)(B)
for the additional need to maintain local product supply or the
lack of an internal inspection device, if not inconsistent with
pipeline safety.
In developing the standards under 60109(c)(2), the
Secretary may take into account the items listed in
60109(c)(5)(A)-(E). Subparagraph (A) includes safety levels,
gas characteristics, technologies, expert studies, historical
information, engineering data, equipment and personnel
availability, supply reliability and security and impact on gas
prices. Subparagraph (B) includes appropriateness of various
testing methodologies. Subparagraph (C) includes the
application of a prescriptive or performance based means of
compliance. Subparagraph (D) includes the incorporation of
applicable national consensus standards, and subparagraph (E)
includes the effectiveness of review and oversight of an
operator's integrity management plan is a designated pipeline
safety authority. Section 60109(c)(6) includes two additional
optional standards for which the Secretary may prescribe
standards: (A) for 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 restrictors.
Under Section 60109(c)(7), an operator is required, within
30 months of enactment, to conduct a risk analysis and adopt a
program under subparagraph (1), if the Secretary fails to
prescribe the standards described in subparagraph (2). Once
prescribed, the programs adopted under subparagraph (1), shall
be reviewed and the results recorded under 60109(c)(8)(A)(i)-
(iii). This section also describes the context of the review in
section (ii), as well as action taken under section (iii).
Under subparagraph (B), an operator must notify the Secretary
within 30 days of any amendment to an integrity management
program. Under subparagraph (C), the Secretary shall provide a
copy of each risk analysis and integrity management program to
any appropriate State authority. States that have an agreement
under section 60106 may provide a review of the programs to the
Secretary under section 60106(c)(9). Under section (10), it is
made clear section 60104(b) does not apply to this section.
Under Section 60106(d) an assessment and evaluation of the
effects on public safety will be conducted not more than 5
years from promulgation of the standards described in
subparagraph (c)(2).
SECTION 11. PROGRAM FOR PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
This section provides for the establishment of a
cooperative Federal research development and demonstration
(RD&D) program to ensure the integrity and safety of pipelines
and related facilities through a coordinated Federal program of
pipeline safety RD&D, and standardization program conducted by
the Department of Energy, the Department of Transportation and
the National Institute of Standards and Technology (identified
as ``the participating agencies''). The section:
Requires that the participating agencies provide
to Congress an analysis of their RD&D and standardization
capabilities and activities within six months of enactment of
this legislation.
Requires that the participating agencies submit to
Congress within one year of enactment, a plan for RD&D and
standardization efforts to be undertaken under this
legislation.
Establishes a Pipeline Integrity Technical
Advisory Committee (PITAC).
Directs PITAC to review the plan and provide
ongoing assessments of the RD&D and standardization efforts
authorized under the Act.
Calls upon the participating agencies to enter
into a Memorandum of Understanding (MOU) within 120 days of
enactment to outline research capabilities and responsibilities
for each of the three agencies.
Authorizes to be appropriated each fiscal year
(2002-2006): $10,000,000 to DOE; $5,000,000 to DOT; and
$5,000,000 to NIST.
These funds are in addition to any other fee-based funding
used for pipeline research programs at DOT.
SECTION 12. QUALIFICATION OF PIPELINE PERSONNEL
There is a new section 60129 establishing a qualification
program for all covered tasks for gas and hazardous liquid
pipeline facilities. Under 60129(a), each pipeline operator
must adopt within one year a written qualification program that
will be reviewed and approved by the Secretary or proper State
authority. Under 60129(b)(1)-(3) the qualification program must
include a written performance evaluation, and provide for
periodic re-qualification of individuals. Operators must ensure
that all individuals receive qualification within 18 months of
the adoption of the program, and must notify the Secretary or
State authority of any amendments to an approved program within
30 days. The Secretary must report to Congress on the
implementation of the qualification program within two years of
enactment.
Within three years of enactment, the Secretary must develop
a certification test for individuals who operate computer-based
supervisory control and data acquisition (``SCADA'') systems.
The pilot program will be carried out at three facilities
outfitted with SCADA systems, and the Secretary must report the
results of the program within five years of enactment. The
report must include a description of the SCADA certification
pilot projects, an evaluation of the certification process, and
any recommendations for industry-wide application of the SCADA
certification program. The report also must include an
assessment of the effects of certifying other individuals
performing safety-sensitive functions.
SECTION 13. SECURITY OF PIPELINE FACILITIES
In the wake of the attacks of September 11, 2001, any
legislation that seeks to enhance the safety of natural gas and
hazardous liquid pipelines must address terrorist threats. This
legislation addresses this issue by providing the Secretary of
Transportation with additional authority to work with pipeline
operators to prepare for and respond to terrorist attacks.
Section 60130 addresses security-sensitive information.
Section 60130(a)(1)-(3) requires that the operator of a
pipeline facility develop and implement a terrorism security
program. The contents of the programs shall consist of written
procedures to follow and actions to take in the event of a
terrorists attack on a pipeline facility. Communication
procedures with appropriate officials in the event of such an
attack are also required. Within one year of enactment, the
Secretary shall conduct a review of each operator's program,
and approve or disapprove each one. Under 60130(b), the
secretary may provide technical assistance to operators to
prevent or respond to acts of terrorism that may affect a
facility. The technical assistance may include, at a minimum,
actions that support the use of the National Guard or other
federal personnel, resources available to the Secretary to
develop and implement security measures, and the provision of
information and guidance on security practices that prevent
damage to pipeline facilities from terrorist attacks.
To implement Section 60130, the Committee expects the
Secretary of Transportation, in consultation with the Attorney
General, the Secretary of Defense, the Director of the Office
of Homeland Security, and the governors of the States, to
develop plans for the deployment of federal and State personnel
to protect pipeline facilities at risk of a terrorist attack,
or in response to such an attack. This coordination should
include the Research and Special Programs Administration to
identify facilities in need of protection.
The Committee believes that such contingency plans should
specify that temporary acquisition of property: (1) occur only
during a declared national emergency, and when there is a
catastrophic loss of pipeline infrastructure, or a protracted
denial of access to the existing right-of-way with a major
impact on public safety or national security; (2) be limited to
the minimum amount of property necessary to reestablish the
operation of the pipeline; (3) require a finding by the
Secretary (or the Under Secretary of Transportation Security)
that the acquisition would be in the public interest; and (4)
be limited to a 6 month period, unless at the end of that
period, the Secretary (or the Under Secretary) finds that the
duration of the acquisition must be extended in order to meet
the requirements specified in (1) and (3).
SECTION 14. NATIONAL PIPELINE MAPPING SYSTEM
New section 60131 would require each pipeline facility to
provide to the Secretary within 30 days of enactment the
information contained in 60131(a)(1)-(3) for each line it
operates. Section 60131(a)(1) requires geo-spatial data format,
or a formatthat can be readily converted to geo-spatial data,
for mapping. Section 60131(a)(2) requires the name and address of
person with primary operational control (``operator'') over the
facilities. Section 60131(a)(3) requires a method for a member of the
public to contact the operator for information on the pipeline. This
information must be updated to reflect changes. The Secretary may
provide technical assistance to provide this information electronically
to emergency responders for pipeline emergencies.
SECTION 15. ADMINISTRATIVE PROCESS FOR PERMITTING A PIPELINE REPAIR
ACTIVITY
New section 60132 requires the President, within 30 days of
enactment, to establish an Interagency Committee on Pipeline
Repair Permitting (ICPRP) with the following agencies
represented: Department of Transportation; the Environmental
Protection Agency; the U.S. Fish and Wildlife Service; the
National Oceanic and Atmospheric Administration; the Bureau of
Land Management; the Minerals Management Service; the Army
Corps of Engineers; and the Federal Energy Regulatory
Commission.
Section 60132(a)(3) directs the ICPRP to evaluate current
federal permitting requirements that apply to pipeline
inspection, excavation and repair and restoration activities.
The ICPRP is required to recommend a process to allow pipeline
operators to complete pipeline repairs within the deadlines
required by the Secretary by rulemaking.
Section 60132(a)(4) requires the ICPRP to consult with the
appropriate State and local environmental, pipeline safety,
emergency response, and other appropriate officials.
Under Section 60132(b), the Secretary is required to
promulgate a rule establishing a process by which pipeline
operators can complete all necessary activities required under
the integrity management program. The section requires the
ICPRP to issue its recommendations to the Secretary within 180
days of enactment. Based on these recommendations, the
Secretary shall propose a rule within 30 days. Under section
60132(b)(2) the Secretary shall issue a final rule within 180
days. The final rule shall be effective within 90 days of
publication in the Federal Register.
Under Section 60132(b)(2)(B)(i)-(v) the contents of the
rule are described. The final rule shall establish best
practices which operators shall comply with in conducting
repairs and activities required under the integrity management
program. The operator shall provide notice that it will be
conducting activities specified under the rule. The Secretary
must disapprove of the operator's proposed activities specified
in its notice within seven days of receipt of the notice,
otherwise the Secretary shall be deemed to have concurred. The
final rule must also provide for an opportunity for operators
to resubmit proposals that are disapproved by the Secretary.
Section 60132(c) specifies that operators conducting repair
projects under procedures established by the final rule shall
not be required to obtain any other permit from any other
Federal agency for the specified repairs and activities.
Section 60132(d) addresses cases where the operator is
unable to conduct or complete a repair project with the best
practices specified under 60132(b)(2)(B), the operator may
submit to all applicable permitting agencies an application
providing the specific site management plan for the proposed
activities. Each agency has 60 days from the receipt of the
management plan to approve or deny the application. If an
agency does not approve or deny the application within 60 days,
the operator shall be permitted to proceed with the activities
provided in the site management plan. The section specifies
that operators that fail to adhere to the site management plan
with damages resulting from this failure shall be subject to
any civil or criminal penalties otherwise available under the
law.
Section 60132(e) requires the Secretary to commence within
30 days of enactment a rulemaking, to be complete within 90
days of enactment, which provides for interim operational
alternatives. These measures are meant to operate in the period
of time between enactment and the date upon which the final
rule issued under section 60132(b) becomes effective.
Under section 60132(f), the Secretary is required to
designate an ombudsman to assist operators in completing
repairs and resolving disagreements with permitting agencies.
Section 60132(g) requires the Secretary to encourage State
and local governments to streamline the approval processes for
permits required to be obtained by operators conducting repairs
required under the integrity management program.
SECTION 16. PIPELINE SECURITY-SENSITIVE INFORMATION
Current law provides for the protection from release of
certain sensitive information that is contained in government
records; for example, information related to the privacy of
individuals, trade secrets, commercial information,
investigative records, and security information about aviation.
This current authority allows or requires the withholding of
certain information relating to transportation by pipeline.
However, current authority does not protect all information
that could be used by terrorists to plan for or to carry out
terrorist acts relating to pipeline transportation.
Section 60117(d)(1) describes the information that is
restricted from disclosure by 18 U.S.C. 1905. Security-
sensitive information could include an order issued to a
pipeline operator to make changes to the security procedures it
employs, or a study of gaps in security with respect to
liquefied natural gas facilities. Section 60117(2)(A)-(B)
allows the Secretary to determine whether release of the
information would be contrary to national security, and then to
whom publicly withheld information may be disclosed. With most
information, this will be done on a case-by-case basis. Certain
persons will retain necessary access to such information
including Federal, State, tribal, or local officials charged
with protecting the facilities, public safety, or national
security.
Section 60117(d)(2)(D) makes clear that if the Secretary
does release information within the meaning of 60132(d)(2)(A),
to a person falling within 60132(d)(2)(B), that disclosure does
not constitute a release of information within the meaning of 5
USC Sec. 552.
SECTION 17. TECHNICAL AMENDMENTS
Section 60102 is amended by restructuring subsection (a)
and (a)(1) and by inserting a heading for subsection (c).
Section 60110(b) is amended to correct a technical mistake made
in P.L. 104-304. Section 60114 is amended to rename subsection
(d) as (c), correcting a mistake in lettering. Section 60122(a)
is amended to correct a reference to the non-existent
subsection (c) of section 60114. Section 60123(a) is also
amended to correct an inaccurate reference to section 60114(c).
SECTION 18. AUTHORIZATION OF APPROPRIATIONS
Appropriations are authorized in section 60125(a),
excluding amounts for State grants and the newly established
pipeline integrity program, at $35.5 million ($29.5 million
from user fees) for FY 2002, $37.9 million ($31.9 million from
user fees) for FY 2003, $41.7 million ($35.7 million from user
fees) for FY 2004, and $47.1 million ($41.1 million from user
fees) for FY 2005. Subsections (b) Hazardous liquid, (d) Grants
for one-call notification systems and (f) availability of
unused amounts for grants are stricken and authorizations are
combined with the other subsections or are for outdated
programs. Subsections (c) and (e) are re-designated as (b) and
(d) respectively.
Amounts authorized for State grants include $18.5 million
($13.5 million from user fees) for FY 2002, $19.8 million
($14.8 million from user fees) for FY 2003, $21.7 million
($16.7 million from user fees) for FY 2004, and $24.6 million
($19.6 million from user fees) for FY 2005. The Act also
authorizes $3 million for each of Fiscal Year's 2002-2005 for
the pipeline integrity program.
This section also authorizes appropriations of $6 million
annually for emergency grants for each of FYs 2002-2004.
SECTION 19. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION
Section 60133 prohibits a pipeline operator, contractor or
subcontractor of a pipeline from firing, or taking other
adverse action, against an employee for doing any of the acts
described in 60133(a)(1)-(5). These actions are listed as, (1)
providing information to the employer or Federal government
relating to pipeline safety; (2) refusing to take any action
made unlawful under chapter 610 of Title 49 or any other
provision of law related to pipeline safety; (3) filing or
being about to file a proceeding relating to pipeline safety;
(4) testifying or being about to testify in such a proceeding;
or (5) assisting or participating in such a proceeding.
Section 60133(b) establishes procedures governing the
filing of complaints by aggrieved whistleblowers at the
Department of Labor. The procedures allow whistleblowers that
believe they have been fired or otherwise treated unfairly in
providing information about an alleged pipeline safety problem
to file a complaint with the Secretary of Labor within 180 days
of the violation. The Department of Labor is required to notify
the person named in the complaint and the Administrator of the
Research and Special Programs Administration of the complaint
and the allegations contained in the complaint.
The section also establishes specific time frames under
which the Department of Labor must proceed in investigating the
whistleblower's complaint. In the event the Department of Labor
concludes that there is a reason to believe a violation has
occurred, the section requires it to issue a preliminary order
providing a remedy. The section also requires that within 30
days of being notified of the Department of Labor's findings,
either side may file objections and request a hearing, but this
shall not stay a reinstatement remedy in the preliminary order.
The remedies that are available under this section are:
action to abate the violation; reinstatement of the employee
with back pay; and monetary damages to the employee. The
section provides that if a final order is issued, the Labor
Secretary, at the request of the employee, shall assess the
employee's attorney's fees against the person whom the order is
issued. The section also provides that if the Secretary of
Labor finds that a complaint is frivolous or has been brought
in bad faith, the Secretary may award to the prevailing
employer a reasonable attorney's fee not exceeding $1,000.
The section establishes judicial review procedures that
permit either party, within 60 days of the issuance of the
final order, to appeal to the circuit court where the violation
allegedly occurred or where the employee resided at the time of
the violation. The section further permits the Secretary of
Labor to enforce the order by bringing suit in a district court
against the person that has failed to comply. The section
permits the court to issue an injunction or provide other
relief.
The section also allows the party who won the case before
the Secretary to sue the other party to force compliance with
the Secretary of Labor's order in U.S. District Court.
The section makes clear that the whistleblower protections
do not apply to any employee of a pipeline, contractor or
subcontractor who, acting without direction from the pipeline
contractor or subcontractor, deliberately causes a violation of
any requirement relating to pipeline safety.
SECTION 20. PIPELINE BRIDGE RISK STUDY
This section requires the Secretary to conduct a study to
determine whether pipeline suspension bridges pose unique
structural or other risks that would require particularized
inspection standards. The Secretary must begin the study within
90 days of enactment and must complete and transmit the study
to Congress within one year ofenactment. In conducting the
study, the Secretary is required to solicit comments and provide for a
public process to the maximum extent practicable.
Legislative History and Committee Consideration
On December 20, 2001, the bill was introduced and referred
to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Energy and Commerce, for a period
to be determined by the Speaker, in each case for consideration
of such provisions as fell within the jurisdiction of the
committee concerned.
The Chairman of the Transportation and Infrastructure
Committee referred the bill on December 21, 2001 to the
Subcommittee on Highways and Transit. The Subcommittee on
Highways and Transit held a mark-up on May 16, 2002. An
amendment in the nature of a substitute offered by Mr. Petri,
Mr. Carson, Mr. Larson, et. al, was approved by voice vote. On
May 16, 2002, the Subcommittee on Highways and Transit reported
the bill and reported it, as amended, to the Full Committee.
On May 23, 2002, the Full Committee on Transportation and
Infrastructure met to consider the bill. An amendment in the
nature of a substitute was offered by Mr. Young of Alaska.
Several amendments to the substitute amendment were offered and
rejected on recorded votes. The substitute amendment was then
adopted by a recorded vote. The bill as amended was ordered
reported, as amended, on a roll call vote.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. The
following recorded votes were taken in connection with ordering
H.R. 3609 reported to the House.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has not been timely submitted prior to the filing of the
report. The letter from CBO will be inserted in the
Congressional Record at a later date.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office which
will be inserted in the Congressional Record.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
improve the safety of pipeline oversight by the Office of
Pipeline Safety (OPS). This objective is accomplished by
improved authority for the OPS.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has not received a cost estimate for H.R. 3609 from
the Director of the Congressional Budget Office.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1994
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local or
tribal law. The Committee states that H.R. 3609 does not
preempt any State, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
Sec.
6101. Purposes.
* * * * * * *
[6105. Review of one-call system best practices.]
6105. Implementation of best practices guidelines.
* * * * * * *
Sec. 6103. Minimum standards for State one-call notification programs
(a) Minimum Standards.--In order to qualify for a grant under
section 6106, a State one-call notification program shall, at a
minimum, provide for--
(1) appropriate participation by all underground
facility operators, including all government operators;
(2) appropriate participation by all excavators,
including all government and contract excavators; and
* * * * * * *
(c) Implementation.--A State one-call notification program
also shall, at a minimum, provide for and document--
(1) * * *
* * * * * * *
Sec. 6104. Compliance with minimum standards
(a) * * *
* * * * * * *
(d) Report.--[Within 3 years after the date of the enactment
of this chapter, the Secretary shall begin to] The Secretary
shall include the following information in reports submitted
under section 60124 of this title--
(1) * * *
* * * * * * *
[Sec. 6105. Review of one-call system best practices
[(a) Study of Existing One-Call Systems.--Except as provided
in subsection (d), the Secretary, in consultation with other
appropriate Federal agencies, State agencies, one-call
notification system operators, underground facility operators,
excavators, and other interested parties, shall undertake a
study of damage prevention practices associated with existing
one-call notification systems.
[(b) Purpose of Study of Damage Prevention Practices.--The
purpose of the study is to gather information in order to
determine which existing one-call notification systems
practices appear to be the most effective in protecting the
public, excavators, and the environment and in preventing
disruptions to public services and damage to underground
facilities. As part of the study, the Secretary shall consider,
at a minimum--
[(1) the methods used by one-call notification
systems and others to encourage participation by
excavators and owners of underground facilities;
[(2) the methods by which one-call notification
systems promote awareness of their programs, including
use of public service announcements and educational
materials and programs;
[(3) the methods by which one-call notification
systems receive and distribute information from
excavators and underground facility owners;
[(4) the use of any performance and service standards
to verify the effectiveness of a one-call notification
system;
[(5) the effectiveness and accuracy of mapping used
by one-call notification systems;
[(6) the relationship between one-call notification
systems and preventing damage to underground
facilities;
[(7) how one-call notification systems address the
need for rapid response to situations where the need to
excavate is urgent;
[(8) the extent to which accidents occur due to
errors in marking of underground facilities, untimely
marking or errors in the excavation process after a
one-call notification system has been notified of an
excavation;
[(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
[(10) the characteristics of damage prevention
programs the Secretary believes could be relevant to
the effectiveness of State one-call notification
programs; and
[(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs
in obtaining compliance with program requirements.
[(c) Report.--Within 1 year after the date of the enactment
of this chapter, the Secretary shall publish a report
identifying those practices of one-call notification systems
that are the most and least successful in--
[(1) preventing damage to underground facilities; and
[(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those
practices identified in the report that the State determines
are the most appropriate.
[(d) Secretarial Discretion.--Prior to undertaking the study
described in subsection (a), the Secretary shall determine
whether timely information described in subsection (b) is
readily available. If the Secretary determines that such
information is readily available, the Secretary is not required
to carry out the study.]
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 2002
through 2005. Such sums shall remain available until
expended.
(3) General revenue funding.--Any sums appropriated
under this subsection shall be derived from general
revenues and may not be derived from amounts collected
under section 60301.
* * * * * * *
Sec. 6107. Authorization of appropriations
(a) For Grants to States.--There are authorized to be
appropriated to the Secretary to provide grants to States under
section 6106 [$1,000,000 for fiscal year 2000 and $5,000,000
for fiscal year 2001] $1,000,000 for each of fiscal years 2002
through 2005. Such funds shall remain available until expended.
(b) For Administration.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to
carry out sections 6103, 6104, and 6105 [for fiscal years 1999,
2000, and 2001] for fiscal years 2002 through 2005.
* * * * * * *
SUBTITLE VIII--PIPELINES
* * * * * * *
CHAPTER 601--SAFETY
Sec.
60101. Definitions.
* * * * * * *
[60116. Public education programs.]
60116. Community right-to-know and emergency preparedness.
* * * * * * *
60129. Qualification of pipeline personnel.
60130. Security of pipeline facilities.
60131. National pipeline mapping system.
60132. Administrative process for permitting of pipeline repair
activity.
60133. Protection of employees providing pipeline safety information.
* * * * * * *
Sec. 60102. General authority
[(a)(1) Minimum Safety Standards.--The Secretary of
Transportation]
(a) Minimum Safety Standards.--
(1) In general.--The Secretary of Transportation
shall prescribe minimum safety standards for pipeline
transportation and for pipeline facilities. The
standards--
(A) apply to owners and operators of pipeline
facilities;
(B) may apply to the design, installation,
inspection, emergency plans and procedures,
testing, construction, extension, operation,
replacement, and maintenance of pipeline
facilities; and
* * * * * * *
(2) Qualifications of pipeline operators.--The
qualifications applicable to an individual who operates
and maintains a pipeline facility shall address the
ability to recognize and react appropriately to
abnormal operating conditions that may indicate a
dangerous situation or a condition exceeding design
limits. The operator of a pipeline facility shall
ensure that employees who operate and maintain the
facility are qualified to operate and maintain the
pipeline facilities.
(b) [Practicability and Safety Needs Standards] Security and
Safety Standards.--
(1) In general.--A standard prescribed under
subsection (a) shall be--
(A) practicable; and
(B) designed to meet the need for--
(i) gas pipeline safety and security,
or safely and securely transporting
hazardous liquids, as appropriate; and
(ii) protecting the environment.
(2) Factors for consideration.--When prescribing any
standard under this section or section 60101(b), 60103,
60108, 60109, 60110, or 60113, the Secretary shall
consider--
(A) relevant available--
(i) gas pipeline safety information;
(ii) hazardous liquid pipeline safety
information; [and]
(iii) environmental information; and
(iv) security information;
* * * * * * *
(F) comments and information received from
the public; [and]
(G) the comments and recommendations of the
Technical Pipeline Safety Standards Committee,
the Technical Hazardous Liquid Pipeline Safety
Standards Committee, or both, as
appropriate[.]; and
(H) the comments and recommendations of the
Office of Homeland Security and the
Transportation Security Administration.
(3) Risk assessment.--In conducting a risk assessment
referred to in subparagraphs (D) and (E) of paragraph
(2), the Secretary shall--
(A) * * *
* * * * * * *
(C) include--
(i) * * *
(ii) with respect to each of those
other options, a brief explanation of
the reasons that the Secretary did not
select the option; [and]
(D) identify technical data or other
information upon which the risk assessment
information and proposed standard is based[.];
and
(E) assess the vulnerabilities of pipeline
facilities to terrorist attacks.
* * * * * * *
[(c) Public Safety Program Requirements.--(1) The Secretary
shall include in the standards prescribed under subsection (a)
of this section a requirement that an operator of a gas
pipeline facility participate in a public safety program that--
[(A) notifies an operator of proposed demolition,
excavation, tunneling, or construction near or
affecting the facility;
[(B) requires an operator to identify a pipeline
facility that may be affected by the proposed
demolition, excavation, tunneling, or construction, to
prevent damaging the facility; and
[(C) the Secretary decides will protect a facility
adequately against a hazard caused by demolition,
excavation, tunneling, or construction.
[(2) To the extent a public safety program referred to in
paragraph (1) of this subsection is not available, the
Secretary shall prescribe standards requiring an operator to
take action the Secretary prescribes to provide services
comparable to services that would be available under a public
safety program.
[(3) The Secretary may include in the standards prescribed
under subsection (a) of this section a requirement that an
operator of a hazardous liquid pipeline facility participate in
a public safety program meeting the requirements of paragraph
(1) of this subsection or maintain and carry out a damage
prevention program that provides services comparable to
services that would be available under a public safety program.
[(4) Promoting public awareness.--
[(A) Not later than one year after the date
of enactment of the Accountable Pipeline Safety
and Accountability Act of 1996, and annually
thereafter, the owner or operator of each
interstate gas pipeline facility shall provide
to the governing body of each municipality in
which the interstate gas pipeline facility is
located, a map identifying the location of such
facility.
[(B)(i) Not later than June 1, 1998, the
Secretary shall survey and assess the public
education programs under section 60116 and the
public safety programs under section 60102(c)
and determine their effectiveness and
applicability as components of a model program.
In particular, the survey shall include the
methods by which operators notify residents of
the location of the facility and its right of
way, public information regarding existing One-
Call programs, and appropriate procedures to be
followed by residents of affected
municipalities in the event of accidents
involving interstate gas pipeline facilities.
[(ii) Not later than one year after the
survey and assessment are completed, the
Secretary shall institute a rulemaking to
determine the most effective public safety and
education program components and promulgate if
appropriate, standards implementing those
components on a nationwide basis. In the event
that the Secretary finds that promulgation of
such standards are not appropriate, the
Secretary shall report to Congress the reasons
for that finding.]
(c) Public Safety Program Requirements.--
(1) In general.--The Secretary shall include in the
standards prescribed under subsection (a) a requirement
that the operator of a pipeline facility participate in
a public safety program that--
(A) notifies an operator of proposed
demolition, excavation, tunneling, or
construction near or affecting the facility;
(B) requires an operator to identify a
pipeline facility that may be affected by the
proposed demolition, excavation, tunneling, or
construction, to prevent damaging the facility;
and
(C) the Secretary decides will protect a
facility adequately against a hazard caused by
demolition, excavation, tunneling, or
construction.
(2) Comparable services.--To the extent a public
safety program referred to in paragraph (1) is not
available, the Secretary shall prescribe standards
requiring an operator to take action to provide
services comparable to services that would be available
under a public safety program.
(3) Promoting public safety.--
(A) Provision of map to municipalities.--The
operator of a hazardous liquid or interstate
gas pipeline facility shall provide on an
annual basis to the governing body of each
municipality in which the facility is located,
a map identifying the location of the facility.
(B) Survey.--The Secretary shall periodically
survey and assess the public education programs
under section 60116 and the public safety
programs under this subsection and determine
their effectiveness and applicability as
components of a model program. In particular,
the survey shall include--
(i) the methods by which operators
notify residents of the location of the
facility and its right of way;
(ii) public information regarding
existing One-Call programs; and
(iii) appropriate procedures to be
followed by residents of affected
municipalities in the event of
accidents involving interstate pipeline
facilities.
(C) Rulemaking.--The Secretary shall
institute a rulemaking to determine the most
effective public safety and education program
components and promulgate standards
implementing those components on a nationwide
basis. Such standards shall establish
appropriate limitations on access to maps
provided under subparagraph (A) based on the
need for security of the information.
(D) Technical assistance.--The Secretary may
provide technical assistance to State and local
officials in applying practices developed as
part of the programs required under this
subsection and section 60116 to their
activities to educate and promote pipeline
safety with the public.
* * * * * * *
Sec. 60104. Requirements and limitations
(a) * * *
* * * * * * *
(c) Preemption.--A State authority that has submitted a
current certification under section 60105(a) of this title may
adopt additional or more stringent safety standards for
intrastate pipeline facilities and intrastate pipeline
transportation only if those standards are compatible with the
minimum standards prescribed under this chapter. A State
authority may not adopt or continue in force safety standards
for interstate pipeline facilities or interstate pipeline
transportation. 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.
* * * * * * *
Sec. 60106. State pipeline safety agreements
(a) [General Authority.--] Agreements Without
Certification.--If the Secretary of Transportation does not
receive a certification under section 60105 of this title, the
Secretary may make an agreement with a State authority
(including a municipality if the agreement applies to
intrastate gas pipeline transportation) authorizing it to take
necessary action. Each agreement shall--
(1) * * *
* * * * * * *
(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 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 Infrastructure Protection To
Enhance Security and Safety Act 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)] (c) Notification.--[Each agreement]
(1) In general.--Each agreement shall require the
State authority to notify the Secretary promptly of a
violation or probable violation of an applicable safety
standard discovered as a result of action taken in
carrying out an agreement under this section.
(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.
[(c)] (d) Monitoring.--The Secretary may monitor a safety
program established under this section to ensure that the
program complies with the agreement. A State authority shall
cooperate with the Secretary under this subsection.
[(d) Ending Agreements.--The Secretary may end an agreement
made under this section when the Secretary finds that the State
authority has not complied with any provision of the agreement.
The Secretary shall give the authority notice and an
opportunity for a hearing 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.]
(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.
* * * * * * *
Sec. 60109. High-density population areas and environmentally sensitive
areas
(a) * * *
* * * * * * *
(c) Risk Analysis and Integrity Management Programs.--
(1) Requirement.--Each operator of a gas transmission
pipeline facility shall conduct an analysis of the
risks to each facility of the operator in an area
identified pursuant to subsection (a)(1) and shall
adopt and implement a written integrity management
program for such facility to reduce the risks.
(2) Regulations.--Not later than 18 months after the
date of the 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
the conduct of the risk analysis and adoption of the
integrity management program to occur within a time
period prescribed by the Secretary, not to exceed 1
year after the issuance of such 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), to be
completed not later than 10 years after the
date of the adoption of the integrity
management program, 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.
(B) Subject to paragraph (4), periodic
reinspection of the facility, at a minimum of
once every 7 years, using methods described in
subparagraph (A).
(4) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement for reinspection 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.
(5) Considerations.--In developing standards under
paragraph (2), the Secretary shall take into
consideration the following:
(A) The level of safety, the characteristics
of the gas, the application of existing or new
technology, the results of technical studies by
recognized experts and previous assessments,
historical performance of gas pipelines,
engineering criteria for determining the
severity of threats to integrity, the
availability of inspection equipment and
analytical personnel, the security and
reliability of supply, and the impact on gas
prices to consumers.
(B) The appropriateness of the application of
various assessment methodologies, taking into
account the nature of the anomalies of specific
pipeline segments under investigation,
including such methodologies as direct
assessment, hydrostatic testing, in-line
inspection, and other effective methods.
(C) The application of a prescriptive or
performance-based means of compliance (or a
combination thereof).
(D) Incorporation of applicable national
consensus standards to create a consistent and
effective approach to risk assessment and
prioritization, high consequence areas,
pipeline facility inspection, integrity
management, and repair requirements for
managing pipeline integrity.
(E) The effectiveness of review and oversight
of an operator's integrity management plan by a
designated pipeline safety authority.
(6) 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.
(7) Inaction by the secretary.--Notwithstanding any
failure of the Secretary to prescribe standards as
described in paragraph (2), an operator of a pipeline
facility shall conduct a risk analysis and adopt and
implement an integrity management program under
paragraph (1) not later than 30 months after the date
of the enactment of this subsection.
(8) 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.
(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.
(9) 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 (8), 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.
(10) Application of standards.--Section 60104(b)
shall not apply to this section.
(d) Evaluation of Integrity Management Regulations.--Not
later than 5 years after the date of enactment of this
subsection, the Secretary 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).
Sec. 60110. Excess flow valves
(a) * * *
(b) Installation Requirements and Considerations.--Not later
than April 24, 1994, the Secretary of Transportation shall
prescribe standards on the [circumstances under which an
operator] circumstances, if any, under which an operator of a
natural gas distribution system must install excess flow valves
in the system. The Secretary shall consider--
(1) * * *
* * * * * * *
Sec. 60114. One-call notification systems
(a) Minimum Requirements.--The Secretary of Transportation
shall prescribe regulations providing minimum requirements for
establishing and operating a one-call notification system for a
State to adopt that will notify an operator of a pipeline
facility of activity in the vicinity of the facility that could
threaten the safety of the facility. The regulations shall
include the following:
(1) * * *
(2) a requirement that a person, including a
government employee or contractor, intending to engage
in an activity the Secretary decides could cause
physical damage to an underground facility must contact
the appropriate system to establish if there are
underground facilities present in the area of the
intended activity.
* * * * * * *
[(d)] (c) Relationship to Other Laws.--This section and
regulations prescribed under this section do not affect the
liability established under a law of the United States or a
State for damage caused by an activity described in subsection
(a)(2) of this section.
* * * * * * *
[Sec. 60116. Public education programs
[Under regulations the Secretary of Transportation
prescribes, each owner or operator of a gas pipeline facility
shall carry out a program to educate the public on the use of a
one-call notification system prior to excavation, the possible
hazards associated with gas leaks, and the importance of
reporting gas odors and leaks to the appropriate authority. The
Secretary may develop material suitable for use in the
program.]
Sec. 60116. Community right-to-know and emergency preparedness
(a) Public Education Programs.--
(1) In general.--Each operator of a gas pipeline or
hazardous liquid pipeline facility shall carry out a
continuing program to educate the public on--
(A) the use of a one-call notification system
prior to excavation and other damage prevention
activities;
(B) the possible hazards associated with
unintended releases from the pipeline facility;
(C) the physical indications that such a
release may have occurred;
(D) what steps should be taken for public
safety in the event of a pipeline release; and
(E) how to report such an event.
(2) Review of existing programs.--Not later than 1
year after the date of enactment of this paragraph,
each operator of a gas pipeline or hazardous liquid
pipeline facility shall review its existing public
education program for effectiveness and modify the
program as necessary. The completed program shall be
reviewed by the Secretary of Transportation as an
element of Departmental inspections.
(3) Standards.--The Secretary may issue standards
prescribing the details of a public education program
and providing for periodic review of the program's
effectiveness and modification as needed. The Secretary
may also develop material for use in the program.
(4) Technical assistance.--The Secretary may provide
technical assistance on public safety and public
education programming regarding pipeline safety as
follows:
(A) To pipeline industry.--To the pipeline
industry, technical assistance on--
(i) developing public safety and
public education program content; and
(ii) using best practices for program
delivery and on evaluating the
effectiveness of the programs.
(B) To State and local officials.--To State
and local officials, technical assistance on
applying practices developed in public safety
and public education programs to their
activities to promote pipeline safety.
(b) Public Availability of Reports.--The Secretary shall make
available to the public a safety-related condition report filed
by an operator under section 60102(h) and, except as provided
in section 60117(d)(2), a report of a pipeline incident filed
by an operator under this chapter.
(c) Emergency Preparedness.--
(1) Operator liaison.--Not later than 1 year after
the date of enactment of this subsection, each operator
of a gas pipeline or hazardous liquid pipeline facility
shall initiate and maintain liaison with the State
emergency response commissions, and local emergency
planning committees in the areas of pipeline right-of-
way, established under section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001) in each State in which it operates.
(2) Emergency response plans.--The Secretary shall
prescribe standards to require each operator of a gas
pipeline or hazardous liquid pipeline facility--
(A) to develop an emergency response plan for
responding to incidents involving the facility;
and
(B) to make the plan available upon request
to State and local officials.
(3) Cooperation with local officials.--Each operator
of a gas pipeline or hazardous liquid pipeline facility
shall work in cooperation with State and local
officials in the development of State and local
emergency response plans for responding to incidents
involving the facility.
(d) Emergency Response Grants.--The Secretary may establish a
program for making grants to State, county, and local
governments in high consequence areas, as such an area is
defined by the Secretary, for emergency response management,
training, and technical assistance.
Sec. 60117. Administrative
(a) * * *
* * * * * * *
(d) Confidentiality of Information.--[Information]
(1) In general.--Information related to a
confidential matter referred to in section 1905 of
title 18 that is obtained by the Secretary or an
officer, employee, or agent in carrying out this
section may be disclosed only to another officer or
employee concerned with carrying out this chapter or in
a proceeding under this chapter.
(2) Information revealing vulnerabilities.--
(A) In general.--If the Secretary determines
that particular information obtained by the
Secretary or an officer, employee, or agent in
carrying out this chapter may reveal a systemic
vulnerability of a pipeline system, or a
vulnerability of pipeline facilities to attack,
the information shall be withheld from public
disclosure.
(B) Disclosure to certain persons.--
Information withheld from public disclosure
under subparagraph (A) may be disclosed only--
(i) to an officer, employee, or agent
of a Federal, State, tribal, or local
government, including a volunteer fire
department, concerned with carrying out
this chapter, with protecting the
facilities, with protecting public
safety, or with national security
issues;
(ii) in an administrative or judicial
proceeding brought under this chapter
or one that addresses terrorist actions
or threats of such actions; and
(iii) to such other persons as the
Secretary determines necessary to
protect public safety and security.
(C) Disclosure determinations.--The
Secretary, by regulation, may make a
determination regarding disclosure under
subparagraph (A) with respect to a category of
information or a class of persons.
(D) Relationship to title 5.--A release of
information withheld from public disclosure
under subparagraph (A) to persons identified in
subparagraph (B) is not a release to the public
within the meaning of section 552 of title 5.
* * * * * * *
(l) Safety Orders.--If the Secretary decides that a pipeline
facility has a potentially unsafe 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 unsafe
condition.
(m) Security Orders.--If the Secretary decides that a
pipeline facility has a vulnerability to terrorist attacks, the
Secretary may order that the operator of the facility take
necessary actions to eliminate or reduce the vulnerability.
Sec. 60118. Compliance and waivers
(a) General Requirements.--A person owning or operating a
pipeline facility shall--
(1) * * *
(2) prepare and carry out a plan for inspection and
maintenance required under section 60108(a) and (b) of
this title; [and]
(3) allow access to or copying of records, make
reports and provide information, and allow entry or
inspection required under section 60117(a)-(d) of this
title[.]; and
(4) conduct a risk analysis, and adopt and implement
an integrity management program, for pipeline
facilities as required under section 60109(c).
* * * * * * *
Sec. 60122. Civil penalties
(a) General Penalties.--(1) A person that the Secretary of
Transportation decides, after written notice and an opportunity
for a hearing, has violated section [60114(c)] 60114(b) or
60118(a) of this title or a regulation prescribed or order
issued under this chapter is liable to the United States
Government for a civil penalty of not more than [$25,000]
$50,000 for each violation. A separate violation occurs for
each day the violation continues. The maximum civil penalty
under this paragraph for a related series of violations is
[$500,000] $750,000.
* * * * * * *
(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.
* * * * * * *
Sec. 60123. Criminal penalties
(a) General Penalty.--A person knowingly and willfully
violating section [60114(c)] 60114(b), 60118(a), or 60128 of
this title or a regulation prescribed or order issued under
this chapter shall be fined under title 18, imprisoned for not
more than 5 years, or both.
(b) Penalty for Damaging or Destroying Facility.--A person
knowingly and willfully damaging or destroying an interstate
gas pipeline facility or interstate hazardous liquid pipeline
facility, or attempting or conspiring to do such an act, as an
act of terrorism or for any other purpose shall be fined under
title 18, imprisoned for not more than 20 years, or both, and,
if death results to any person, shall be imprisoned for any
term of years or for life.
* * * * * * *
(d) Penalty for Not Using One-Call Notification System or Not
Heeding Location Information or Markings.--A person shall be
fined under title 18, imprisoned for not more than 5 years, or
both, if the person [knowingly and willfully]--
(1) knowingly and willfully engages in an excavation
activity--
(A) * * *
* * * * * * *
(2) subsequently damages--
(A) * * *
[(B) a pipeline facility that does not report
the damage promptly to the operator of the
pipeline facility and to other appropriate
authorities; or]
(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
* * * * * * *
Sec. 60125. Authorization of appropriations
[(a) Gas and Hazardous Liquid.--To carry out this chapter
(except for sections 60107 and 60114(b)) related to gas and
hazardous liquid, there are authorized to be appropriated to
the Department of Transportation--
[(1) $19,448,000 for fiscal year 1996;
[(2) $20,028,000 for fiscal year 1997, of which
$14,600,000 is to be derived from user fees for fiscal
year 1997 collected under section 60301 of this title;
[(3) $20,729,000 for fiscal year 1998, of which
$15,100,000 is to be derived from user fees for fiscal
year 1998 collected under section 60301 of this title;
[(4) $21,442,000 for fiscal year 1999, of which
$15,700,000 is to be derived from user fees for fiscal
year 1999 collected under section 60301 of this title;
and
[(5) $22,194,000 for fiscal year 2000, of which
$16,300,000 is to be derived from user fees for fiscal
year 2000 collected under section 60301 of this title.
[(b) Hazardous Liquid.--Not more than the following amounts
may be appropriated to the Secretary to carry out this chapter
(except sections 60107 and 60114(b)) related to hazardous
liquid:
[(1) $1,728,500 for the fiscal year ending September
30, 1993.
[(2) $1,866,800 for the fiscal year ending September
30, 1994.
[(3) $2,000,000 for the fiscal year ending September
30, 1995.]
(a) Gas and Hazardous Liquid.--To carry out this chapter
(except for sections 60107 and 60130) related to gas and
hazardous liquid, the following amounts are authorized to be
appropriated to the Department of Transportation:
(1) $35,500,000 for fiscal year 2002, of which
$29,500,000 is to be derived from user fees for fiscal
year 2002 collected under section 60301 of this title.
(2) $37,900,000 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.
(3) $41,700,000 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.
(4) $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.
[(c)] (b) State Grants.--(1) Not more than the following
amounts may be appropriated to the Secretary to carry out
section 60107 of this title:
[(A) $7,750,000 for the fiscal year ending September
30, 1993.
[(B) $9,000,000 for the fiscal year ending September
30, 1994.
[(C) $10,000,000 for the fiscal year ending September
30, 1995.
[(D) $12,000,000 for fiscal year 1996.
[(E) $14,000,000 for fiscal year 1997, of which
$12,500,000 is to be derived from user fees for fiscal
year 1997 collected under section 60301 of this title.
[(F) $14,490,000 for fiscal year 1998, of which
$12,900,000 is to be derived from user fees for fiscal
year 1998 collected under section 60301 of this title.
[(G) $15,000,000 for fiscal year 1999, of which
$13,300,000 is to be derived from user fees for fiscal
year 1999 collected under section 60301 of this title.
[(H) $15,524,000 for fiscal year 2000, of which
$13,700,000 is to be derived from user fees for fiscal
year 2000 collected under section 60301 of this title.]
(A) $18,500,000 for fiscal year 2002, of which
$13,500,000 is to be derived from user fees for fiscal
year 2002 collected under section 60301 of this title.
(B) $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.
(C) $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.
(D) $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.
* * * * * * *
(c) Pipeline Integrity Research, Development, and
Demonstration.--In addition to amounts authorized under
subsections (a) and (b), not more than $3,000,000 for each of
fiscal years 2002 through 2005 may be appropriated to the
Secretary to carry out section 60130.
[(d) Grants for One-Call Notification Systems.--Not more than
$__________ may be appropriated to the Secretary for the fiscal
year ending September 30, 19__, to carry out section 60114(b)
of this title. Amounts under this subsection remain available
until expended.]
[(e)] (d) Crediting Appropriations for Expenditures for
Training.--The Secretary may credit to an appropriation
authorized under subsection (a) [or (b) of this section]
amounts received from sources other than the Government for
reimbursement for expenses incurred by the Secretary in
providing training.
(e) Emergency Response Grants.--There are authorized to be
appropriated $6,000,000 for each of fiscal years 2002, 2003,
and 2004 to carry out subsection (d) of section 60116.
[(f) Availability of Unused Amounts for Grants.--(1) The
Secretary shall make available for grants to States amounts
appropriated for each of the fiscal years that ended September
30, 1986, and 1987, that have not been expended in making
grants under section 60107 of this title.
[(2) A grant under this subsection is available to a State
that after December 31, 1987--
[(A) undertakes a new responsibility under section
60105 of this title; or
[(B) implements a one-call damage prevention program
established under State law.
[(3) This subsection does not authorize a State to receive
more than 50 percent of its allowable pipeline safety costs
from a grant under this chapter.
[(4) A State may receive not more than $75,000 under this
subsection.
[(5) Amounts under this subsection remain available until
expended.]
* * * * * * *
[Sec. 60127. Population encroachment
[(a) Land Use Recommendations.--The Secretary of
Transportation shall make available to an appropriate official
of each State, as determined by the Secretary, the land use
recommendations of the special report numbered 219 of the
Transportation Research Board, entitled ``Pipelines and Public
Safety''.
[(b) Evaluation.--The Secretary shall--
[(1) evaluate the recommendations in the report
referred to in subsection (a);
[(2) determine to what extent the recommendations are
being implemented;
[(3) consider ways to improve the implementation of
the recommendations; and
[(4) consider other initiatives to further improve
awareness of local planning and zoning entities
regarding issues involved with population encroachment
in proximity to the rights-of-way of any interstate gas
pipeline facility or interstate hazardous liquid
pipeline facility.]
Sec. 60127. Population encroachment
(a) Study.--The Secretary of Transportation, in consultation
with appropriate Federal agencies and State and local
governments, shall undertake a study of land use practices and
zoning ordinances with regard to pipeline rights-of-way.
(b) Purpose of Study.--The purpose of the study shall be to
gather information on land use practices and zoning
ordinances--
(1) to determine effective practices to limit
encroachment on existing 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
(3) to raise the awareness of the risks and hazards
of encroachment on pipeline rights-of-way.
(c) Considerations.--In conducting the study, the Secretary
shall consider, at a 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 on pipeline rights-of-way so as
to more effectively protect public safety 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.
(e) Local Assistance.--
(1) In general.--In conducting the study and
preparing the report under this section, the Secretary
shall consult with a group of State and local officials
selected by the Secretary. The Secretary shall begin
consulting with the group not later than 90 days after
the date of enactment of this subsection.
(2) Membership.--The group shall be composed of
members selected by the Secretary from among elected
officials of State and local governments representing
areas in which pipeline facilities are located. At
least one of the members shall be an elected official
of a local government with a population of less than
10,000.
(3) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the group established under this subsection.
* * * * * * *
Sec. 60129. Qualification of pipeline personnel
(a) Qualification Program.--Not later than one year after the
date of enactment of this section, each operator of a gas
pipeline or hazardous liquid pipeline facility shall adopt and
implement a written qualification program that ensures that all
individuals performing covered tasks for the facility are
qualified to perform such tasks.
(b) 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 performing covered tasks
for the facility. Such method may not be limited to
observation of on-the-job performance unless such
observation includes a written performance evaluation.
(2) A requirement that the operator complete the
qualification of all individuals performing covered
tasks for the facility not later than 18 months after
the date of adoption of the program.
(3) A periodic requalification component that
provides for examination or testing of individuals in
accordance with paragraph (1).
(c) Review of Qualification Programs.--
(1) Review of programs.--
(A) In general.--The Secretary or a State
authority responsible for enforcing standards
prescribed under this chapter shall review the
qualification program of an operator and record
the results of that review for use in the next
review of an operator's program.
(B) Context of review.--The Secretary or
State authority may conduct a review under
subparagraph (A) as an element of its
inspection of an operator.
(C) Inadequate programs.--If the Secretary or
a State authority determines that a
qualification program is inadequate for the
safe operation of a pipeline facility, the
Secretary or State authority shall act under
section 60108(a)(2) to require the operator to
revise the qualification program.
(2) Amendments to programs.--In order to facilitate
reviews under this subsection, an operator shall notify
the Secretary or State authority, as appropriate, of
any amendment made to the operator's qualification
program not later than 30 days after the date of
adoption of the amendment.
(3) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement of this section.
(d) 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, as in effect on the
date of enactment of this section; and
(2) with respect to a hazardous liquid pipeline
facility, has the meaning such term has under section
195.501 of such title, as in effect on the date of
enactment of this section.
Sec. 60130. Security of pipeline facilities
(a) Terrorism Security Programs.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary of Transportation shall
require the operator of a pipeline facility to develop
and implement a terrorism security program.
(2) Contents of programs.--
(A) In general.--A terrorism security program
of a pipeline operator shall consist of written
procedures to follow and actions to take in the
event of a terrorist attack on a pipeline
facility or an attack on other infrastructure
facilities in the United States. Such
procedures shall include procedures for
communicating with military, law enforcement,
emergency service, and other appropriate State
and local government and non-government
entities.
(B) Standard.--A terrorism security program
of a pipeline operator shall require the
operator to establish and implement reasonable
procedures to safeguard the pipeline facility
and safely maintain its operations.
(3) Approval of programs.--Not later than 1 year
after the date of enactment of this section, the
Secretary shall conduct a review of, and approve or
disapprove, the terrorism security program of each
pipeline operator. The Secretary shall prescribe
procedures for the review and standards for the
approval of such programs.
(b) Technical Assistance.--The Secretary may provide
technical assistance to an operator of a pipeline facility, or
to State, tribal, or local officials, to prevent or respond to
acts of terrorism that may affect the pipeline facility. Such
technical assistance may include at a minimum--
(1) actions by the Secretary that support the use of
National Guard or State or Federal personnel to provide
additional security for a pipeline facility at risk of
terrorist attack or in response to such an attack;
(2) use of resources available to the Secretary to
develop and implement security measures for a pipeline
facility;
(3) identification of security issues with respect to
the operation of a pipeline facility; and
(4) the provision of information and guidance on
security practices that prevent damage to pipeline
facilities from terrorist attacks.
Sec. 60131. National pipeline mapping system
(a) Information To Be Provided.--Not later than 30 days after
the date of enactment of this section, the operator of a
pipeline facility 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 periodic 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.
Sec. 60132. Administrative process for permitting of pipeline repair
activity
(a) Interagency Committee.--
(1) Establishment.--Within 30 days after the date of
enactment of the Pipeline Infrastructure Protection to
Enhance Security and Safety Act, the President shall
establish an Interagency Committee on Pipeline Repair
Permitting (in this section referred to as the
``Interagency Committee'').
(2) Membership.--The Chairman of the Council on
Environmental Quality (or a designee of the Chairman)
shall chair the Interagency Committee, which shall also
include each of the following persons (or a designee
thereof):
(A) The Secretary.
(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) Purposes.--The Interagency Committee shall
evaluate current Federal permitting requirements to
which access, excavation, and restoration activities in
connection with pipeline repairs may be subject and
shall recommend to the Secretary a process by which
owners or operators of pipelines (in this section
referred to as ``pipeline operators'') may commence and
complete all such activities necessary to carry out
pipeline repairs that must be completed within time
periods specified by rule by the Secretary under the
integrity management program. As part of its
evaluation, the Interagency Committee shall examine
access, excavation, and restoration activities
currently used in the pipeline industry in connection
with pipeline repairs and shall develop a compendium of
best practices used by the industry to access,
excavate, and restore the site of a pipeline repair.
(4) 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 deems
appropriate.
(b) Implementation.--
(1) Proposed rule.--Within 180 days after the date of
enactment of the Pipeline Infrastructure Protection to
Enhance Security and Safety Act, the Interagency
Committee shall present its evaluation and
recommendations to the Secretary. Within 30 days after
the date on which such evaluation and recommendations
are presented, the Secretary shall propose a rule,
based on and consistent with such recommendations, to
establish a process by which pipeline operators may
commence and complete all access, excavation, and
restoration activities necessary to carry out pipeline
repairs that must be completed within time periods
specified by rule by the Secretary under the integrity
management program. Such proposed rule shall contain
the provisions required by paragraph (2) and shall
incorporate, to the extent practicable and cost
effective, the compendium of best practices developed
by the Interagency Committee.
(2) Final rule.--
(A) Issuance.--The Secretary shall issue a
final rule not later than 180 days after the
date on which the Interagency Committee
presents its evaluation and recommendations to
the Secretary.
(B) Content.--The final rule shall--
(i) provide that a pipeline operator
carrying out a pipeline repair project
as part of its pipeline integrity
management program may proceed with the
project only if the operator provides
notice to the Secretary that the
operator is proceeding with the repairs
in compliance with the applicable best
practices incorporated in such final
rule and the Secretary concurs;
(ii) provide that if the Secretary
disapproves of the operator proceeding
with the repairs as described in the
operator's notice, the Secretary shall
provide notice to the operator of the
disapproval in the 7-day period
beginning on the date of receipt by the
Secretary of the operator's notice,
together with a description of the
actions that the operator must take to
receive the Secretary's concurrence;
(iii) provide that if the Secretary
does not provide notice to an operator
of the Secretary's disapproval of the
operator proceeding with the repairs as
described in the operator's notice in
the 7-day period described in clause
(ii), the Secretary shall be deemed to
concur;
(iv) provide that if the Secretary
disapproves of the operator proceeding
with the repairs as described in the
operator's notice, the Secretary shall
provide the operator with an
opportunity to resubmit a notice for
the pipeline repair project under
clause (i); and
(v) require a certification to the
Secretary following completion of the
repair project that the project was
completed in compliance with all such
best practices.
(C) Effective date.--The final rule shall be
made effective no later than 90 days after it
is published in the Federal Register.
(c) Relationship to Other Permits.--
(1) Other federal permits.--A pipeline operator that
proceeds to carry out a pipeline repair project under
the provisions of the final rule described in
subsection (b) shall not be required to obtain a permit
from any other Federal agency before carrying out such
repair project, except as may be provided in such final
rule.
(2) Savings provisions; no preemption.--Nothing in
this section shall be construed in connection with a
particular repair situation--
(A) to require a pipeline operator to comply
with the final rule described in subsection (b)
if no Federal permit would otherwise have been
required under Federal law;
(B) to prohibit a pipeline operator from
opting to obtain all permits otherwise
necessary under Federal law rather than
proceeding under the final rule described in
subsection (b); or
(C) to preempt otherwise applicable State and
local permitting requirements.
(d) Repair Projects not Comporting With Best Practices.--
(1) Preparation of site management plan.--In the case
of any pipeline repair that must be completed within
time periods specified by rule by the Secretary under
the integrity management program, but for which repair
activities may not proceed under subsection (b) because
the repair is not able to comport with the requirements
of the final rule issued thereunder or for any other
reason, or any repair project on which work has been
commenced but which the pipeline operator thereafter
discovers cannot comport with such requirements, the
pipeline operator shall prepare a specific site
management plan for the proposed access, excavation,
and restoration activities.
(2) Submission of plan to permitting agencies.--Such
plan shall be submitted to all applicable permitting
agencies for review and approval, and to the Secretary.
In the event an agency has not approved a permit
application within 60 days after its submission, or has
not issued a denial of such application within 60 days
together with a specification of items in the
application requiring correction, the pipeline operator
shall be permitted to proceed with the proposed repair
activities as provided in its site management plan.
(3) Failure to adhere to plan.--If the pipeline
operator fails to adhere to its site management plan
and such failure results in damage to human health,
public safety, or the environment, the owner or
operator shall be subject to such civil and criminal
remedies and penalties as are otherwise provided by
Federal, State, and local law.
(e) Interim Operational Alternatives.--
(1) In general.--Within 30 days after the date of
enactment of the Pipeline Infrastructure Protection to
Enhance Security and Safety Act, the Secretary shall
commence a rulemaking to permit pressure reduction,
line monitoring, and other mitigation measures to be
employed, as appropriate, during the period between
such date of enactment and the date on which the final
rule issued under subsection (b) becomes effective, on
pipeline facilities subject to time periods for repair
specified by rule by the Secretary under the integrity
management program. Such alternative mitigation
measures shall be available only to a pipeline operator
that, with respect to a particular repair project, has
applied for and is pursuing in good faith all required
Federal, State, and local permits to carry out the
project.
(2) Factors to consider.--In issuing the final rule
under this subsection, the Secretary shall consider the
need to protect human health, public safety, and the
environment, to ensure continuity in energy supplies,
and to avoid conflict between and among regulatory
regimes.
(3) Deadline for issuance.--The Secretary shall issue
a final rule under this subsection within 90 days after
the date on which a notice of proposed rulemaking is
published in the Federal Register.
(f) Ombudsman.--The Secretary shall designate an ombudsman to
assist in expediting pipeline repairs and resolving
disagreements between the permitting agency and the pipeline
operator during agency review of any pipeline repair activity,
or during the review of any permit application under subsection
(d), consistent with protection of human health, public safety,
and the environment.
(g) State and Local Permitting Processes.--The Secretary
shall encourage States and local governments to streamline
their respective permitting processes for pipeline repair
projects subject to time periods for repair specified by rule
by the Secretary under pipeline integrity management programs.
The Secretary may request other relevant Federal agencies to
provide technical assistance to States and local governments
for the purpose of encouraging such streamlining.
(h) Purpose and Need.--For any environmental review,
analysis, opinion, permit, license, or approval issued or made
under this section, the relevant Federal or State agency shall
be bound by the project purpose and need as defined by the
Secretary.
Sec. 60133. Protection of employees providing pipeline safety
information
(a) Discrimination Against Pipeline Employees.--No pipeline
operator, or contractor or subcontractor of a pipeline
operator, may discharge an employee or otherwise discriminate
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 employer) or cause
to be provided to the employer or Federal Government
information relating to any violation or alleged
violation of any order, regulation, or standard of the
Research and Special Programs Administration or any
other provision of Federal law relating to pipeline
safety under this chapter or any other law of the
United States;
(2) 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;
(3) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or standard
of the Administration or any other provision of Federal
law relating to pipeline safety under this chapter or
any other law of the United States;
(4) testified or is about to testify in such a
proceeding; or
(5) assisted or participated or is about to assist or
participate in such a proceeding.
(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 file (or have any person file on his
or her behalf), not later than 90 days after the date
on which such violation occurs, a complaint with the
Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Research and Special Programs Administration of the
filing of the complaint, of the allegations contained
in the complaint, of the substance of evidence
supporting the complaint, and of the opportunities that
will be afforded to such person under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1) and after affording the person
named in the complaint an 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 to present
statements from witnesses, the Secretary 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 alleged to have
committed a violation of subsection (a) of the
Secretary's findings. If the Secretary
concludes that there is reasonable cause to
believe that a violation of subsection (a) has
occurred, the Secretary shall accompany the
Secretary's findings with a preliminary order
providing the relief prescribed by paragraph
(3)(B). Not later than 30 days after the date
of notification of findings under this
paragraph, either the person alleged to have
committed the violation or the complainant may
file objections to the findings or preliminary
order, or both, and request a hearing on the
record. The filing of such objections shall not
operate to stay any reinstatement remedy
contained in the preliminary order. Such
hearings shall be conducted expeditiously. If a
hearing is not requested in such 30-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
paragraphs (1) through (5) of
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 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 may determine
that a violation of subsection (a) has
occurred only if the complainant
demonstrates that any behavior
described in paragraphs (1) through (5)
of 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 120 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief 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, the complainant, and the person
alleged to have committed the violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary
determines that a violation of subsection (a)
has occurred, the Secretary shall order the
person 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, at the request of the
complainant, shall assess 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 determined by the
Secretary, by the complainant for, or in
connection with, the bringing the complaint
upon which the order was issued.
(C) Frivolous complaints.--If the Secretary
finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary 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. 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 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
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 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 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.
(d) Nonapplicability To Deliberate Violations.--Subsection
(a) shall not apply with respect to an employee of a pipeline
operator, contractor, or subcontractor who, acting without
direction from the pipeline operator, contractor, or
subcontractor (or such person's agent), deliberately causes a
violation of any requirement relating to pipeline safety under
this chapter or any other law of the United States.
(e) Contractor Defined.--In this section, the term
``contractor'' means a company that performs safety-sensitive
functions by contract for a pipeline operator.
* * * * * * *