[House Report 107-605]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-605
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
PIPELINE INFRASTRUCTURE PROTECTION TO ENHANCE SECURITY AND SAFETY ACT
_______
July 23, 2002.--Ordered to be printed
_______
Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3609]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, 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.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 17
Background and Need for Legislation.............................. 17
Hearings......................................................... 18
Committee Consideration.......................................... 19
Committee Votes.................................................. 19
Committee Oversight Findings..................................... 19
Statement of General Performance Goals and Objectives............ 19
New Budget Authority, Entitlement Authority, and Tax Expenditures 19
Committee Cost Estimate.......................................... 19
Congressional Budget Office Estimate............................. 19
Federal Mandates Statement....................................... 24
Advisory Committee Statement..................................... 24
Constitutional Authority Statement............................... 24
Applicability to Legislative Branch.............................. 24
Section-by-Section Analysis of the Legislation................... 24
Changes in Existing Law Made by the Bill, as Reported............ 30
Amendment
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. Protection of employees providing pipeline safety information.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Certification of pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.
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 2003 through
2006''.
(2) For administration.--Section 6107(b) is amended by
striking ``for fiscal years 1999, 2000, and 2001'' and
inserting ``for fiscal years 2003 through 2006''.
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'';
(3) by striking paragraph (2)(B) and inserting the following:
``(B) a pipeline facility, and knows or has reason to
know of the damage, but does not report the damage
promptly to the operator of the pipeline facility and
to other appropriate authorities; or''; and
(4) by adding after paragraph (2) the following:
``Penalties under this subsection may be reduced in the case of a
violation that is promptly reported by the violator.''.
SEC. 4. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.
(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60129. Protection of employees providing pipeline safety
information
``(a) Discrimination Against Employee.--(1) No employer may discharge
any employee or otherwise discriminate against any employee with
respect to his compensation, terms, conditions, or privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
``(A) provided, caused to be provided, or is about to provide
or cause to be provided, to the employer or the Federal
Government information relating to any violation or alleged
violation of any order, regulation, or standard under this
chapter or any other Federal law relating to pipeline safety;
``(B) refused to engage in any practice made unlawful by this
chapter or any other Federal law relating to pipeline safety,
if the employee has identified the alleged illegality to the
employer;
``(C) provided, caused to be provided, or is about to provide
or cause to be provided, testimony before Congress or at any
Federal or State proceeding regarding any provision (or
proposed provision) of this chapter or any other Federal law
relating to pipeline safety;
``(D) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this
chapter or any other Federal law relating to pipeline safety,
or a proceeding for the administration or enforcement of any
requirement imposed under this chapter or any other Federal law
relating to pipeline safety;
``(E) provided, caused to be provided, or is about to provide
or cause to be provided, testimony in any proceeding described
in subparagraph (D); or
``(F) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
manner in such a proceeding or in any other action to carry out
the purposes of this chapter or any other Federal law relating
to pipeline safety.
``(2) For purposes of this section, the term `employer' means--
``(A) a person owning or operating a pipeline facility; or
``(B) a contractor or subcontractor of such a person.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--A person who believes that he
or she has been discharged or otherwise discriminated against
by any person in violation of subsection (a) may, not later
than 180 days after the date on which such violation occurs,
file (or have any person file on his or her behalf) a complaint
with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
of Labor shall notify, in writing, the person or persons named
in the complaint and the Secretary of Transportation of the
filing of the complaint, of the allegations contained in the
complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be afforded to
such person or persons under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after the
date of receipt of a complaint filed under paragraph
(1) and after affording the person or persons named in
the complaint an opportunity to submit to the Secretary
of Labor a written response to the complaint and an
opportunity to meet with a representative of the
Secretary of Labor to present statements from
witnesses, the Secretary of Labor shall conduct an
investigation and determine whether there is reasonable
cause to believe that the complaint has merit and
notify in writing the complainant and the person or
persons alleged to have committed a violation of
subsection (a) of the Secretary of Labor's findings. If
the Secretary of Labor concludes that there is
reasonable cause to believe that a violation of
subsection (a) has occurred, the Secretary of Labor
shall include with the Secretary of Labor's findings
with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 60 days
after the date of notification of findings under this
subparagraph, any person alleged to have committed a
violation or the complainant may file objections to the
findings or preliminary order, or both, and request a
hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy
contained in the preliminary order. Such hearings shall
be conducted expeditiously. If a hearing is not
requested in such 60-day period, the preliminary order
shall be deemed a final order that is not subject to
judicial review.
``(B) Requirements.--
``(i) Required showing by complainant.--The
Secretary of Labor shall dismiss a complaint
filed under this subsection and shall not
conduct an investigation otherwise required
under subparagraph (A) unless the complainant
makes a prima facie showing that any behavior
described in paragraphs (1) through (4) 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 of Labor that the
complainant has made the showing required under
clause (i), no investigation otherwise required
under subparagraph (A) shall be conducted if
the employer demonstrates, by clear and
convincing evidence, that the employer would
have taken the same unfavorable personnel
action in the absence of that behavior.
``(iii) Criteria for determination by
Secretary.--The Secretary of Labor may
determine that a violation of subsection (a)
has occurred only if the complainant
demonstrates that any behavior described in
paragraphs (1) through (4) 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 90 days after the date of conclusion of
a hearing under paragraph (2), the Secretary of Labor
shall issue a final order providing the relief
prescribed by this paragraph or denying the complaint.
At any time before issuance of a final order, a
proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person or
persons alleged to have committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the person or persons
who committed such violation to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to his or
her former position together with the
compensation (including back pay) and restore
the terms, conditions, and privileges
associated with his or her employment; and
``(iii) provide compensatory damages to the
complainant.
If such an order is issued under this paragraph, the
Secretary of Labor, at the request of the complainant,
shall assess against the person or persons against whom
the order is issued a sum equal to the aggregate amount
of all costs and expenses (including attorney's and
expert witness fees) reasonably incurred, as determined
by the Secretary of Labor, by the complainant for, or
in connection with, the bringing the complaint upon
which the order was issued.
``(C) Frivolous complaints.--If the Secretary of
Labor finds that a complaint under paragraph (1) is
frivolous or has been brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney's fee not exceeding $1,000.
``(4) Review.--
``(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order issued
under paragraph (3) may obtain review of the order in
the United States Court of Appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed not later than 60
days after the date of issuance of the final order of
the Secretary of Labor. Review shall conform to chapter
7 of title 5, United States Code. The commencement of
proceedings under this subparagraph shall not, unless
ordered by the court, operate as a stay of the order.
``(B) Limitation on collateral attack.--An order of
the Secretary of Labor with respect to which review
could have been obtained under subparagraph (A) shall
not be subject to judicial review in any criminal or
other civil proceeding.
``(5) Enforcement of order by secretary of labor.--Whenever
any person has failed to comply with an order issued under
paragraph (3), the Secretary of Labor may file a civil action
in the United States district court for the district in which
the violation was found to occur to enforce such order. In
actions brought under this paragraph, the district courts shall
have jurisdiction to grant all appropriate relief, including,
but not to be limited to, injunctive relief and compensatory
damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order was issued under paragraph (3) may
commence a civil action against the person or persons
to whom such order was issued to require compliance
with such order. The appropriate United States district
court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
``(B) Attorney fees.--The court, in issuing any final
order under this paragraph, may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party whenever the court
determines such award costs is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28, United States Code.
``(d) Nonapplicability To Deliberate Violations.--Subsection (a)
shall not apply with respect to an action of an employee of an employer
who, acting without direction from the employer (or such employer's
agent), deliberately causes a violation of any requirement relating to
pipeline safety under this chapter or any other law of the United
States.''.
(b) Civil Penalty.--Section 60122(a) is amended by adding at the end
the following:
``(3) A person violating section 60129, or an order issued
thereunder, is liable to the Government for a civil penalty of not more
than $1,000 for each violation. The penalties provided by paragraph (1)
do not apply to a violation of section 60129 or an order issued
thereunder.''.
(c) Conforming Amendment.--The chapter analysis for chapter 601 is
amended by adding at the end the following:
``60129. Protection of employees providing pipeline safety
information.''.
SEC. 5. SAFETY ORDERS.
Section 60117 is amended by adding at the end the following:
``(l) Safety Orders.--If the Secretary decides that a pipeline
facility has a 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.''.
SEC. 6. PENALTIES.
(a) Pipeline Facilities Hazardous to Life and Property.--
(1) General authority.--Section 60112(a) is amended to read
as follows:
``(a) General Authority.--After notice and an opportunity for a
hearing, the Secretary of Transportation may decide that a pipeline
facility is hazardous if the Secretary decides that--
``(1) operation of the facility is or would be hazardous to
life, property, or the environment; or
``(2) the facility is or would be constructed or operated, or
a component of the facility is or would be constructed or
operated, with equipment, material, or a technique that the
Secretary decides is hazardous to life, property, or the
environment.''.
(2) Corrective action orders.--Section 60112(d) is amended by
striking ``is hazardous'' and inserting ``is or would be
hazardous''.
(b) Enforcement.--(1) Section 60122(a)(1) is amended--
(A) by striking ``$25,000'' and inserting ``$100,000''; and
(B) by striking ``$500,000'' and inserting ``$1,000,000''.
(2) Section 60122(b) is amended by striking ``under this section''
and all that follows through paragraph (4) and inserting ``under this
section--
``(1) the Secretary shall consider--
``(A) the nature, circumstances, and gravity of the
violation, including adverse impact on the environment;
``(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on ability to continue
doing business; and
``(C) good faith in attempting to comply; and
``(2) the Secretary may consider--
``(A) the economic benefit gained from the violation
without any reduction because of subsequent damages;
and
``(B) other matters that justice requires.''.
(3) Section 60120(a)(1) is amended by striking the second sentence
and inserting the following: ``The Attorney General may seek
appropriate relief in such action, including a temporary or permanent
injunction, punitive damages, and assessment of civil penalties, and
the court may award such relief as appropriate.''.
SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.
(a) Grant Authority.--The Secretary of Transportation may make grants
for technical assistance to local communities and groups of individuals
(not including for-profit entities) relating to the safety of pipelines
in local communities. The Secretary shall establish competitive
procedures for awarding grants under this section, and criteria for
selection of grant recipients. The amount of any grant under this
section may not exceed $50,000 for a single grant recipient. The
Secretary shall establish appropriate procedures to ensure the proper
use of funds provided under this section.
(b) Prohibited Uses.--Funds provided under this section may not be
used for lobbying or in direct support of litigation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for carrying out this
section $1,000,000 for each of the fiscal years 2003 through 2006. Such
amounts shall not be derived from user fees collected under section
60301.
SEC. 8. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
``Sec. 60127. Population encroachment
``(a) Study.--The Secretary of Transportation, in conjunction with
the Federal Energy Regulatory Commission and in consultation with
appropriate Federal agencies and State and local governments, shall
undertake a study of land use practices 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, pipeline workers, 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, pipeline workers, and the environment.
``(2) Distribution of report.--The Secretary shall provide a
copy of the report to--
``(A) Congress and appropriate Federal agencies; and
``(B) States for further distribution to appropriate
local authorities.
``(3) Adoption of practices, laws, and ordinances.--The
Secretary shall encourage Federal agencies and State and local
governments to adopt and implement appropriate practices, laws,
and ordinances, as identified in the report, to address the
risks and hazards associated with encroachment upon pipeline
rights-of-way.''.
SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Establishment of Cooperative Program.--
(1) In general.--The Secretary of Energy, in cooperation with
the Secretary of Transportation and the Director of the
National Institute of Standards and Technology, 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 Secretary of Energy, in
cooperation with the Secretary of Transportation and
the Director of the National Institute of Standards and
Technology, considers appropriate.
(3) Activities and capabilities report.--Not later than 6
months after the date of the enactment of this Act, the
Secretary of Energy, in cooperation with the Secretary of
Transportation and the Director of the National Institute of
Standards and Technology, shall transmit to the Congress a
report on the existing activities and capabilities of the
Department of Energy, including the national laboratories, the
Department of Transportation, and the National Institute of
Standards and Technology. The report shall include the results
of a survey by the Secretary of Energy, in cooperation with the
Secretary of Transportation and the Director of the National
Institute of Standards and Technology, 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 the
enactment of this Act, the Secretary of Energy, in cooperation
with the Secretary of Transportation and the Director of the
National Institute of Standards and Technology, shall prepare
and transmit to Congress a 5-year program plan to guide
activities under this section. Such program plan shall be
submitted to the 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 all Federal agencies.
(2) Consultation.--In preparing the program plan, the
Secretary of Energy, in cooperation with the Secretary of
Transportation and the Director of the National Institute of
Standards and Technology, shall consult with appropriate
representatives of State and local government and the private
sector, including companies owning energy pipelines and
developers of next-generation pipelines, to help establish
program priorities.
(3) Advice from other entities.--In preparing the program
plan, the Secretary of Energy, in cooperation with the
Secretary of Transportation and the Director of the National
Institute of Standards and Technology, shall also seek the
advice of other Federal agencies, utilities, manufacturers,
institutions of higher learning, pipeline research
institutions, national laboratories, environmental
organizations, pipeline safety advocates, professional and
technical societies, labor unions, and any other appropriate
entities.
(c) Pipeline Integrity Technical Advisory Committee.--
(1) Establishment.--The Secretary of Energy, in cooperation
with the Secretary of Transportation and the Director of the
National Institute of Standards and Technology, 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 the enactment of this Act.
(2) Duties.--The Advisory Committee shall--
(A) advise the Secretary of Energy, the Secretary of
Transportation, and the Director of the National
Institute of Standards and Technology 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 Secretary of Energy, the
Secretary of Transportation, and the Director of the
National Institute of Standards and Technology 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 the
enactment of this Act, and annually thereafter, the Secretary of
Energy, in cooperation with the Secretary of Transportation and the
Director of the National Institute of Standards and Technology, shall
transmit to the Congress a report on the status and results to date of
the implementation of the program plan prepared under subsection (b).
(e) Memorandum of Understanding.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Energy, the
Secretary of Transportation, and the Director of the National Institute
of Standards and Technology 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). 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) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated--
(A) to the Secretary of Energy $10,000,000;
(B) to the Secretary of Transportation $5,000,000;
and
(C) to the National Institute of Standards and
Technology $5,000,000,
for each of the fiscal years 2003 through 2006 for carrying out
this section.
(2) General revenue funding.--Any sums appropriated under
this subsection shall be derived from general revenues and may
not be derived from amounts collected under section 60301 of
title 49, United States Code.
(g) Definitions.--For purposes of this section--
(1) 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) 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; and
(3) the term ``pipeline'' means an energy pipeline or a next-
generation pipeline.
SEC. 10. CERTIFICATION OF PIPELINE QUALIFICATION PROGRAMS.
(a) Certification Program.--
(1) In general.--Chapter 601 is further amended by adding at
the end the following:
``Sec. 60130. Certification of pipeline qualification programs
``(a) In General.--Subject to the requirements of this section, the
Secretary of Transportation shall require the operator of a pipeline
facility to develop and adopt a qualification program to ensure that
the personnel of the operator who perform covered tasks are qualified
to conduct such tasks.
``(b) Standards and Criteria.--
``(1) Development.--Not later than 1 year after the date of
enactment of this section, the Secretary shall ensure that the
Department of Transportation has in place standards and
criteria for qualification programs referred to in subsection
(a).
``(2) Contents.--The standards and criteria shall include the
following:
``(A) The establishment of industry standards for the
qualifications of personnel described in subsection
(a).
``(B) A requirement that pipeline operators develop
and implement written plans and procedures to train and
evaluate the abilities of personnel described in
subsection (a) to meet the industry standards
established under subparagraph (A).
``(C) A requirement that the plans and procedures
adopted by a pipeline operator under subparagraph (B)
be certified under subsection (e).
``(c) Development of Qualification Programs by Pipeline Operators.--
Not later than 2 years after the date of the enactment of this section,
the Secretary shall require a pipeline operator to develop and adopt a
qualification program that complies with the standards and criteria
described in subsection (b).
``(d) Elements of Qualification Programs.--A qualification program
adopted by an operator under subsection (a) shall include, at a
minimum, the following elements:
``(1) A method for examining or testing the qualifications of
personnel described in subsection (a). Such method may not be
limited to observation of on-the-job performance, except with
respect to tasks for which the Secretary has determined that
such observation is the best method of examining or testing
qualifications. The Secretary shall ensure that the results of
any such observations are documented in writing.
``(2) A requirement that the operator complete the
qualification of all personnel described in subsection (a) not
later than 18 months after the date of adoption of the
qualification program.
``(3) A periodic requalification component that provides for
examination or testing of personnel in accordance with
paragraph (1).
``(4) A program to provide training, as appropriate, to
ensure that individuals performing covered tasks have the
necessary knowledge and skills to perform the tasks in a manner
that ensures the safe operation of pipeline facilities.
``(e) Certification of Programs.--
``(1) In general.--The Secretary shall certify the
qualification program of each pipeline operator. The
qualification program of a pipeline operator shall be certified
if the operator's program complies with the standards and
criteria described in subsection (b) and includes the elements
described in paragraphs (1) through (3) of subsection (d).
``(2) Agreement or state authorization.--The Secretary may
enter into a cooperative agreement or contract with a public or
private entity, or may authorize a State authority, to certify
qualification programs under this subsection.
``(3) Deadline for completion.--Certifications under this
subsection shall be completed not later than 3 years after the
date of the enactment of this section.
``(4) Inadequate programs.--If the Secretary decides that a
qualification program is inadequate for the safe operation of a
pipeline facility, the Secretary shall act as under section
60108(a)(2) to require the operator to revise the qualification
program.
``(5) Program modifications.--If the operator of a pipeline
facility seeks to modify significantly a program that has been
certified under this subsection, the operator shall submit the
modifications to the Secretary for approval.
``(6) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement of
this section.
``(7) Inaction by the secretary.--Notwithstanding any failure
of the Secretary to prescribe standards and criteria as
described in subsection (b), an operator of a pipeline facility
shall develop and adopt a qualification program that complies
with the requirement of subsection (b)(2)(B) and includes the
elements described in paragraphs (1) through (3) of subsection
(d) not later than 2 years after the date of enactment of this
section.
``(f) 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.
``(g) Report.--Not later than 5 years after the date of enactment of
this section, the Secretary shall transmit to Congress a report on the
status and results to date of the personnel qualification regulations
issued under this chapter.''.
(2) Conforming amendment.--The analysis for chapter 601 is
amended by adding at end the following:
``60130. Certification of pipeline qualification programs.''.
(b) Pilot Program for Certification of Certain Pipeline Workers.--
(1) In general.--Not later than 36 months after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) develop tests and other requirements for
certifying the qualifications of individuals who
operate computer-based systems for controlling the
operations of pipelines; and
(B) establish and carry out a pilot program for 3
pipeline facilities under which the individuals
operating computer-based systems for controlling the
operations of pipelines at such facilities are required
to be certified under the process established under
subparagraph (A).
(2) Report.--The Secretary shall include in the report
required under section 60130(g), as added by subsection (a) of
this section, the results of the pilot program. The report
shall include--
(A) a description of the pilot program and
implementation of the pilot program at each of the 3
pipeline facilities;
(B) an evaluation of the pilot program, including the
effectiveness of the process for certifying individuals
who operate computer-based systems for controlling the
operations of pipelines;
(C) any recommendations of the Secretary for
requiring the certification of all individuals who
operate computer-based systems for controlling the
operations of pipelines; and
(D) an assessment of the ramifications of requiring
the certification of other individuals performing
safety-sensitive functions for a pipeline facility.
(3) Definition.--For purposes of this subsection, the term
``computer-based systems'' means supervisory control and data
acquisition systems.
SEC. 11. 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 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 reassessment
of the facility, at a minimum of once every 7 years,
using methods described in subparagraph (A).
``(C) Clearly defined criteria for evaluating the
results of inspections conducted under subparagraph (B)
and for taking actions based on such results.
``(D) A method for conducting an analysis on a
continuing basis that integrates all available
information about the integrity of the facility and the
consequences of releases from the facility.
``(E) A description of actions to be taken by the
operator to promptly address any integrity issue raised
by an evaluation conducted under subparagraph (C) or
the analysis conducted under subparagraph (D).
``(F) A description of measures to prevent and
mitigate the consequences of releases from the
facility.
``(G) A method for monitoring cathodic protection
systems throughout the pipeline system of the operator
to the extent not addressed by other regulations.
``(H) If the Secretary raises a safety concern
relating to the facility, a description of the actions
to be taken by the operator to address the safety
concern, including issues raised with the Secretary by
States and local authorities under an agreement entered
into under section 60106.
``(4) Waivers and modifications.--In accordance with section
60118(c), the Secretary may waive or modify any requirement for
reassessment of a facility under paragraph (3)(B) for reasons
that may include the need to maintain local product supply or
the lack of internal inspection devices if the Secretary
determines that such waiver is not inconsistent with pipeline
safety.
``(5) Standards.--The standards prescribed by the Secretary
under paragraph (2) shall address each of the following
factors:
``(A) The minimum requirements described in paragraph
(3).
``(B) The type or frequency of inspections or testing
of pipeline facilities, in addition to the minimum
requirements of paragraph (3)(B).
``(C) The manner in which the inspections or testing
are conducted.
``(D) The criteria used in analyzing results of the
inspections or testing.
``(E) The types of information sources that must be
integrated in assessing the integrity of a pipeline
facility as well as the manner of integration.
``(F) The nature and timing of actions selected to
address the integrity of a pipeline facility.
``(G) Such other factors as the Secretary determines
appropriate to ensure that the integrity of a pipeline
facility is addressed and that appropriate mitigative
measures are adopted to protect areas identified under
subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that
all inspections required are conducted in a manner that
minimizes environmental and safety risks, and shall take into
account the applicable level of protection established by
national consensus standards organizations.
``(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 Reassessment Intervals.--
(1) Study.--The Secretary of Transportation shall conduct a
study to evaluate the 7-year reassessment interval required by
section 60109(c)(3)(B) of title 49, United States Code, as
added by subsection (a) of this section.
(2) Report.--Not later than 7 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study conducted under paragraph
(1).
SEC. 12. SECURITY OF PIPELINE FACILITIES.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60131. Security of pipeline facilities
``(a) Terrorism Security Programs.--
``(1) In general.--Subject to the requirements of this
subsection, the operator of a pipeline facility shall develop
and implement a terrorism security program reviewed and
verified under paragraph (3).
``(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, and to safeguard pipeline workers.
``(3) Review and verification of programs.--Not later than 1
year after the date of enactment of this section, the Secretary
shall review the terrorism security program of each pipeline
operator and verify its compliance with this section. The
Secretary shall prescribe procedures for the review and
standards for the verification of such programs. The Secretary
shall record the results of that review for use in the next
review of an operator's program.
``(4) Inadequate programs.--If the Secretary determines that
a terrorism security program does not comply with the
requirements of this section, the Secretary shall act under
section 60108(a)(2) to require the operator to revise the
terrorism security program.
``(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.
``(c) Security Measures To Protect Against Acts of Terrorism or
Sabotage.--
``(1) Rulemaking requirement.--The Secretary of
Transportation, not later than 60 days after the date of the
enactment of this subsection, after consultation with any
appropriate Federal, State, or nongovernmental entities, shall
commence a rulemaking to require effective security measures
which the Secretary determines are necessary to be adopted
against acts of terrorism or sabotage directed against
waterfront liquefied natural gas plants located in or within 1
mile of a densely populated urban area. Within 1 year after the
date of the enactment of this subsection, the Secretary of
Transportation shall issue a final rule.
``(2) Factors to be considered.--Regulations issued under
paragraph (1) shall take into account--
``(A) the events of September 11, 2001;
``(B) the potential for attack on facilities by
multiple coordinated teams totaling in the aggregate a
significant number of individuals;
``(C) the potential for assistance in an attack from
several persons employed at the facility;
``(D) the potential for suicide attacks;
``(E) water-based and air-based threats;
``(F) the potential use of explosive devices of
considerable size and other modern weaponry;
``(G) the potential for attacks by persons with a
sophisticated knowledge of facility operations;
``(H) the threat of fires and large explosions; and
``(I) special threats and vulnerabilities affecting
facilities located in or within 1 mile of a densely
populated urban area.
``(3) Requirements.--Regulations issued under paragraph (1)
shall establish requirements for waterfront liquefied natural
gas plants relating to construction, operation, security
procedures, and emergency response, and shall require
conforming amendments to applicable standards and rules.
``(4) Operational security response evaluation.--(A)
Regulations issued under paragraph (1) shall include the
establishment of policies and procedures by the Secretary of
Transportation, which shall ensure that the operational
security response of each facility described in subparagraph
(B) is tested at least once every 2 years through the use of
force-on-force exercises to determine whether the threat
factors identified in regulations issued under paragraph (1)
have been adequately addressed.
``(B) Facilities subject to testing under subparagraph (A)
include waterfront liquefied natural gas plants located in or
within 1 mile of a densely populated urban area, and associated
support facilities and equipment.
``(5) Review and revision.--Regulations issued under
paragraph (1) shall be reviewed and revised as appropriate at
least once every 5 years.
``(6) Definitions.--For purposes of this subsection, the term
`densely populated urban area' means an area with a population
density of more than 10,000 people per square mile.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended by
adding at the end the following:
``60131. Security of pipeline facilities.''.
SEC. 13. NATIONAL PIPELINE MAPPING SYSTEM.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60132. National pipeline mapping system
``(a) Information To Be Provided.--Not later than 6 months after the
date of enactment of this section, the operator of a pipeline facility
(except distribution lines and gathering lines) shall provide to the
Secretary of Transportation the following information with respect to
the facility:
``(1) Geospatial data appropriate for use in the National
Pipeline Mapping System or data in a format that can be readily
converted to geospatial data.
``(2) The name and address of the person with primary
operational control to be identified as its operator for
purposes of this chapter.
``(3) A means for a member of the public to contact the
operator for additional information about the pipeline
facilities it operates.
``(b) Updates.--A person providing information under subsection (a)
shall provide to the Secretary updates of the information to reflect
changes in the pipeline facility owned or operated by the person and as
otherwise required by the Secretary.
``(c) Technical Assistance To Improve Local Response Capabilities.--
The Secretary may provide technical assistance to State and local
officials to improve local response capabilities for pipeline
emergencies by adapting information available through the National
Pipeline Mapping System to software used by emergency response
personnel responding to pipeline emergencies.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended by
adding at the end the following:
``60132. National pipeline mapping system.''.
SEC. 14. COORDINATION OF ENVIRONMENTAL REVIEWS.
(a) In General.--Chapter 601 is further amended by adding at the end
the following:
``Sec. 60133. Coordination of environmental reviews
``(a) Interagency Committee.--
``(1) Establishment and purpose.--Not later than 30 days
after the date of enactment of this section, the President
shall establish an Interagency Committee to develop and ensure
implementation of a coordinated environmental review and
permitting process in order to enable pipeline operators to
commence and complete all activities necessary to carry out
pipeline repairs within any time periods specified by rule by
the Secretary.
``(2) Membership.--The Chairman of the Council on
Environmental Quality (or a designee of the Chairman) shall
chair the Interagency Committee, which shall consist of
representatives of Federal agencies with responsibilities
relating to pipeline repair projects, including each of the
following persons (or a designee thereof):
``(A) The Secretary of Transportation.
``(B) The Administrator of the Environmental
Protection Agency.
``(C) The Director of the United States Fish and
Wildlife Service.
``(D) The Assistant Administrator for Fisheries of
the National Oceanic and Atmospheric Administration.
``(E) The Director of the Bureau of Land Management.
``(F) The Director of the Minerals Management
Service.
``(G) The Assistant Secretary of the Army for Civil
Works.
``(H) The Chairman of the Federal Energy Regulatory
Commission.
``(3) Evaluation.--The Interagency Committee shall evaluate
Federal permitting requirements to which access, excavation,
and restoration activities in connection with pipeline repairs
described in paragraph (1) may be subject. As part of its
evaluation, the Interagency Committee shall examine the access,
excavation, and restoration practices of the pipeline industry
in connection with such pipeline repairs, and may develop a
compendium of best practices used by the industry to access,
excavate, and restore the site of a pipeline repair.
``(4) Memorandum of understanding.--Based upon the evaluation
required under paragraph (3) and not later than 1 year after
the date of enactment of this section, the members of the
Interagency Committee shall enter into a memorandum of
understanding to provide for a coordinated and expedited
pipeline repair permit review process in order to enable
pipeline operators to commence and complete all activities
necessary to carry out pipeline repairs within any time periods
specified by rule by the Secretary.
``(5) State and local consultation.--In carrying out this
subsection, the Interagency Committee shall consult with
appropriate State and local environmental, pipeline safety, and
emergency response officials, and such other officials as the
Interagency Committee considers appropriate.
``(b) Implementation.--Not later than 180 days after the completion
of the memorandum of understanding required under subsection (a)(4),
each agency represented on the Interagency Committee shall revise its
regulations as necessary to implement the provisions of the memorandum
of understanding.
``(c) Savings Provisions; No Preemption.--Nothing in this section
shall be construed--
``(1) to require a pipeline operator to obtain a Federal
permit, if no Federal permit would otherwise have been required
under Federal law; or
``(2) to preempt applicable Federal, State, or local
environmental law.
``(d) Interim Operational Alternatives.--
``(1) In general.--Not later than 30 days after the date of
enactment of this section, and subject to the limitations in
paragraph (2), the Secretary of Transportation shall revise the
regulations of the Department, to the extent necessary, to
permit a pipeline operator subject to time periods for repair
specified by rule by the Secretary to implement alternative
mitigation measures until all applicable permits have been
granted.
``(2) Limitations.--The regulations issued by the Secretary
pursuant to this subsection shall not allow an operator to
implement alternative mitigation measures pursuant to paragraph
(1) unless--
``(A) allowing the operator to implement such
measures would be consistent with the protection of
human health, public safety, and the environment;
``(B) the operator, with respect to a particular
repair project, has applied for and is pursuing
diligently and in good faith all required Federal,
State, and local permits to carry out the project; and
``(C) the proposed alternative mitigation measures
are not incompatible with pipeline safety.
``(e) Ombudsman.--The Secretary shall designate an ombudsman to
assist in expediting pipeline repairs and resolving disagreements
between Federal, State, and local permitting agencies and the pipeline
operator during agency review of any pipeline repair activity,
consistent with protection of human health, public safety, and the
environment.
``(f) State and Local Permitting Processes.--The Secretary shall
encourage States and local governments to consolidate their respective
permitting processes for pipeline repair projects subject to any time
periods for repair specified by rule by the Secretary. The Secretary
may request other relevant Federal agencies to provide technical
assistance to States and local governments for the purpose of
encouraging such consolidation.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended by
adding at the end the following:
``60133. Coordination of environmental reviews.''.
SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of the enactment of this Act, the
Secretary of Transportation shall, in conjunction with the Federal
Communications Commission, facility operators, excavators, and one-call
notification system operators, provide for the establishment of a 3-
digit nationwide toll-free telephone number system to be used by State
one-call notification systems.
SEC. 16. RECOMMENDATIONS AND RESPONSES.
(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60134. Recommendations and responses
``(a) Response Requirement.--Whenever the Office of Pipeline Safety
has received recommendations from the National Transportation Safety
Board regarding pipeline safety, it shall submit a formal written
response to each such recommendation within 90 days after receiving the
recommendation. The response shall indicate whether the Office
intends--
``(1) to carry out procedures to adopt the complete
recommendations;
``(2) to carry out procedures to adopt a part of the
recommendations; or
``(3) to refuse to carry out procedures to adopt the
recommendations.
``(b) Timetable for Completing Procedures and Reasons for Refusals.--
A response under subsection (a)(1) or (2) shall include a copy of a
proposed timetable for completing the procedures. A response under
subsection (a)(2) shall detail the reasons for the refusal to carry out
procedures on the remainder of the recommendations. A response under
subsection (a)(3) shall detail the reasons for the refusal to carry out
procedures to adopt the recommendations.
``(c) Public Availability.--The Office shall make a copy of each
recommendation and response available to the public, including in
electronic form.
``(d) Reports to Congress.--The Office shall submit to Congress on
January 1 of each year a report describing each recommendation on
pipeline safety made by the National Transportation Safety Board to the
Office during the prior year and the Office's response to each
recommendation.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended by
adding at the end the following:
``60134. Recommendations and responses.''.
SEC. 17. MISCELLANEOUS AMENDMENTS.
(a) Protection of Public Health, Welfare, and the Environment.--
Section 60102(a)(1) is amended by inserting ``in order to protect
public health and welfare and the environment from reasonably
anticipated threats that could be posed by such transportation and
facilities'' after ``and for pipeline facilities''.
(b) Conflicts of Interest.--Section 60115(b)(4) is amended by adding
at the end the following new subparagraph:
``(D) None of the individuals selected for a committee under
paragraph (3)(C) may have a significant financial interest in the
pipeline, petroleum, or gas industry.''.
SEC. 18. 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)(1) 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. 19. 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 section 60107) related to gas and hazardous liquid, the following
amounts are authorized to be appropriated to the Department of
Transportation:
``(1) $45,800,000 for fiscal year 2003, of which $31,900,000
is to be derived from user fees for fiscal year 2003 collected
under section 60301 of this title.
``(2) $46,800,000 for fiscal year 2004, of which $35,700,000
is to be derived from user fees for fiscal year 2004 collected
under section 60301 of this title.
``(3) $47,100,000 for fiscal year 2005, of which $41,100,000
is to be derived from user fees for fiscal year 2005 collected
under section 60301 of this title.
``(4) $50,000,000 for fiscal year 2006, of which $45,000,000
is to be derived from user fees for fiscal year 2006 collected
under section 60301 of this title.''.
(b) State Grants.--Section 60125 is amended--
(1) by striking subsections (b), (d), and (f) and
redesignating subsections (c) and (e) as subsections (b) and
(c), respectively; and
(2) in subsection (b)(1) (as so redesignated) by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $19,800,000 for fiscal year 2003, of which $14,800,000
is to be derived from user fees for fiscal year 2003 collected
under section 60301 of this title.
``(B) $21,700,000 for fiscal year 2004, of which $16,700,000
is to be derived from user fees for fiscal year 2004 collected
under section 60301 of this title.
``(C) $24,600,000 for fiscal year 2005, of which $19,600,000
is to be derived from user fees for fiscal year 2005 collected
under section 60301 of this title.
``(D) $26,500,000 for fiscal year 2006, of which $21,500,000
is to be derived from user fees for fiscal year 2006 collected
under section 60301 of this title.''.
(c) Conforming Amendment.--Section 60125(c) (as redesignated by
subsection (b)(1) of this section) is amended by striking ``or (b) of
this section''.
SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT.
Section 60102, as amended by this Act, is further amended by adding
at the end the following new subsection:
``(m) Inspections by Direct Assessment.--Not later than 1 year after
the date of the enactment of this subsection, the Secretary shall issue
regulations prescribing standards for inspection of a pipeline facility
by direct assessment.''.
Purpose and Summary
The purpose of H.R. 3609 is to reauthorize natural gas and
hazardous liquid pipeline safety programs through the fiscal
year 2006.
Background and Need for Legislation
The pipeline industry moves natural gas, oil, gasoline,
diesel fuel, and other liquids from oil and gas wells,
refineries, and other manufacturers to distribution points all
over the United States, meeting the demand of nearly 23
trillion cubic feet (Tcf) of natural gas per year, and
approximately 13 billion barrels of petroleum products per
year.
Pipelines are regulated for safety by state and federal
agencies. The federal pipeline safety program is administered
by the Office of Pipeline Safety (OP, which falls under the
purview of the Research & Special Programs Administration of
the U.S. Department of Transportation (DOT). The Natural Gas
Pipeline Safety Act of 1968, and the Hazardous Liquid Pipeline
Safety Act of 1979, provide the statutory framework for the
regulation of natural gas and hazardous liquid pipelines. The
two acts were recodified in 1994, and in 1996, Congress passed
the Accountable Pipeline Safety Act reauthorizing the pipeline
safety program through fiscal year 2000.
OPS has taken several significant actions recently. The
following is a summary:
Operator Qualification (published 8/27/99): This
final rule requires pipeline operators to develop and maintain
a written qualification program for employees whose
responsibility is to perform safety related tasks on pipelines.
Unusually Sensitive Areas (published 12/21/00):
This final rule defines drinking water areas and ecological
resources areas unusually sensitive to environmental damage
from hazardous liquid pipeline incidents.
High consequence areas/integrity management
programs for large hazardous liquid pipelines (published 12/01/
00): This final rule is the first in a series of four integrity
management rules establishing requirements for operators of
hazardous liquid pipelines to develop and implement integrity
management programs (IMP). This rule only applies to hazardous
liquid pipelines of 500 miles or more.
Corrosion (published 12/27/01): This final rule
defines how operators must evaluate and protect against
corrosion in a wide range of circumstances. This rule
strengthens the standards for qualification of personnel who
manage corrosion protection.
Integrity repair (published 1/14/02): This final
rule expands the methods operators must use to address
weaknesses identified through assessments.
Accident reporting (published 1/08/02): This final
rule substantially improves OPS' ability to determine the exact
cause of pipeline failures by requiring that more data be
included in accident reports.
High consequence areas/integrity management
programs for small hazardous liquid pipelines (published 1/16/
02): This final rule is the second in a series of four
integrity management rules establishing requirements for
operators of hazardous liquid pipelines to develop and
implement integrity management programs.
High consequence areas gas transmission (published
1/09/02): This notice of proposed rulemaking (NPRM) is the
first step in finalizing the third in a series of integrity
management rules establishing an integrity management program
for gas transmission pipelines.
OPS has been criticized for its failure to respond to
Congressional mandates and recommendations from the National
Transportation Safety Board (NTSB). In its May 2000 report,
General Accounting Office (GAO) noted that OPS had not
implemented 22 statutory requirements, 12 of which date from
1992 or earlier, and had not implemented 39 recommendations
from NTSB. By September 2001, OPS had 11 remaining statutory
requirements outstanding and 44 open recommendations from the
NTSB, one of which was closed since the date of the previous
report. Six new recommendations were issued in the interim.
Hearings
The Subcommittee on Energy and Air Quality held a hearing
on Tuesday, March 19, 2002, on Reauthorization of the Natural
Gas Pipeline Safety Act and the Hazardous Liquid Pipeline
Safety Act. The Subcommittee received testimony from: Ms. Ellen
G. Engleman, Administrator, Research and Special Programs
Administration, Department of Transportation; Mr. Robert
Chipkevich, Director, Office of Railroad, Pipeline and
Hazardous Materials Investigations, National Transportation
Safety Board; Mr. Peter Guerrero, Director; Physical
Infrastructure, U.S. General Accounting Office; Mr. James D.
Anderson, National Vice-Chairperson, National Association of
Pipeline Safety Representatives; Mr. Mark L. Hereth, Senior
Vice President, HSB Solomon; Mr. William J. Haener, Vice
President of Natural Gas, CMS Engineer Corporation, on behalf
of the Interstate Natural Gas Association of America; Mr.
William Shea, President and CEO, Buckeye Pipe Line Company,
L.P., on behalf of: the Association of Oil Pipe Lines; Mr.
Herman Morris, Jr, President and Chief Executive Officer,
Memphis Light, Gas & Water, on behalf of American Gas
Association; Mr. Robert R. Kipp, Executive Director, Common
Ground Alliance; Mr. Edward C.Sullivan, President, Building and
Construction Trades Department, AFL-CIO; and Mr. Bruce Nilles, Staff
Attorney, Earthjustice.
Committee Consideration
On Tuesday, June 11, 2002, the Subcommittee on Energy and
Air Quality met in open markup session and approved H.R. 3609,
the Pipeline Infrastructure Protection to Enhance Security and
Safety Act for Full Committee consideration, as amended, by a
voice vote. On Thursday, June 13, 2002, the Committee on Energy
and Commerce met in open markup session and favorably ordered
reported H.R. 3609, as amended, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 3609 reported. A motion by Mr. Tauzin to order H.R. 3609
reported to the House, as amended, was agreed to by a voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held an oversight
hearing and made findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The goal of H.R. 3609 is to reauthorize the pipeline safety
program through fiscal year 2006.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3609, the Pipeline Infrastructure Protection to Enhance
Security and Safety Act, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2002.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3609, the Pipeline
Infrastructure Protection to Enhance Security and Safety Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Rachel
Milberg (for federal costs) and Lauren Marks (for the private-
sector impact).
Sincerely,
Robert A. Sunshine
(for Dan L. Crippen, Director).
Enclosure.
H.R. 3609--Pipeline Infrastructure Protection to Enhance Security and
Safety Act
Summary: Under current law, the Research and Special
Programs Administration (RSPA) within the Department of
Transportation (DOT) oversees the safety of pipelines that
carry either gas or hazardous liquids and provides grants to
states for safety programs. For these activities, H.R. 3609
would authorize a gross appropriation of $282 million over the
2003-2006 period. Of this total, $226 million would be offset
by the collection of fees paid by pipeline operators.
In addition, H.R. 3609 would authorize the appropriation of
$80 million over the 2003-2006 period for a new research
program to improve pipeline inspection techniques, risk
assessments, and technology to detect leaks. The bill also
would authorize the appropriation of almost $6 million over the
2003-2006 period for grants to state programs that help
excavators coordinate their work with the operators of
underground pipelines, and another $4 million over the 2003-
2006 period for grants to local communities to improve pipeline
safety.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 3609 would have a net cost of
$141 million over the 2003-2007 period. Enacting H.R. 3609 also
would affect governmental receipts, so pay-as-you-go procedures
would apply, but CBO estimates that such effects would not be
significant.
H.R. 3609 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA), but CBO estimates that the costs of those mandates
would not exceed the annual thresholds established in UMRA ($58
million for intergovernmental mandates and $115 million for
private-sector mandates in 2002, adjusted annually for
inflation). The bill also would authorize grants to states to
reimburse up to 50 percent of the cost of state pipeline safety
programs.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3609 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Estimated net authorization level\2\............................... 41 39 34 32 0
Estimated net outlays.............................................. 18 35 31 30 27
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 3609 also would increase revenues, but CBO estimates that those effects would not be significant.
\2\ The amounts shown are the differences between the bill's authorized funding and fee collections for each
year.
Basis of estimate: For this estimate, CBO assumes that H.R.
3609 will be enacted near the end of fiscal year 2002 and that
the authorized amounts will be appropriated for each year.
Outlay estimates are based on the historical spending patterns
of pipeline safety programs.
CBO estimates that implementing H.R. 3609 would cost $141
million over the 2003-2007 period. This estimate includes net
spending of $56 million for RSPA's oversight activities and
grants to state safety programs, reflecting the difference
between gross authorized appropriations of $282 million and
authorized collections of $226 million from pipeline user fees
over the four-year authorization period. The gross
authorization for those activities would average about $70
million a year; and the fees would average $56 million a year.
By comparison, the gross appropriation for those RSPA
activities was $58 million in 2002, and CBO estimates that fees
for this year will total $51 million.
H.R. 3609 would increase the minimum and maximum civil
penalties for violating certain pipeline safety requirements,
and it would impose civil penalties for violating employee
protections required by the bill. collections of these
penalties are recorded in the budget as governmental receipts.
CBO estimates that implementing this legislation would increase
such receipts by less than $500,000 a year.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. CBO
estimates that enacting H.R. 3609 would result in governmental
receipts of less than $500,000 a year.
Intergovernmental and private-sector impact: By placing
requirements on operators of natural gas and hazardous liquid
pipelines, H.R. 3609 would impose both intergovernmental and
private-sector mandates as defined by UMRA. Although most
natural gas pipeline operators are private entities, some are
public entities; hazardous liquid pipelines are privately
owned.
Mandates
Mandates in the bill would include requirements to:
Pay user fees;
Implement an integrity management program;
Adopt an employee qualification program
certified by the Office of Pipeline Safety (OPS);
Implement a terrorism security program;
Provide information to OPS for the national
pipeline mapping system; and
Comply with a whistleblower protection
program.
Based on the information provided by OPS and industry
representatives CBO estimates that the cost of those mandates
would not exceed the annual thresholds for intergovernmental
and private-sector mandates established in UMRA ($58 million
and $115 million in 2002 respectively, adjusted annually for
inflation).
User Fees. Section 19 would authorize appropriations for
DOT to carry out activities related to pipeline safety. The
majority of each authorization would be derived from user fees,
paid by operators of natural gas and hazardous liquid
pipelines. By law, the fees are based upon the volume-miles,
miles, and revenues of each pipeline operator. The
authorization for such fees expired in 2000; however, pipeline
operators have been required to pay such fees since that time
through the annual DOT appropriations process and anticipate
doing so in the absence of this legislation. Despite this, the
reimposition of such fees would be a mandate as defined by
UMRA.For fiscal year 2003, the bill would authorize the
appropriation of $66 million, of which $47 million would be derived
from user fees. Appropriations would rise to $77 million in fiscal year
2006, of which $67 million would be derived from user fees.
Effectively, the actual cost of this mandate would depend on the amount
of future appropriations. According to industry sources most of these
fees would be paid by private-sector entities, but about 1 percent
would be paid by governmental entities such as publicly owned gas
utilities.
Integrity Management for Gas Pipeline Operators. Section 11
would require operators of gas pipeline facilities to conduct a
risk analysis for each facility located in an unusually
sensitive area and to implement a written integrity management
program in order to reduce the risk of accidents occurring at
such a facility. As part of the integrity management program,
operators would be required to periodically reinspect the
facility at an accelerated rate relative to what would be
required under current law. The first year pipeline operators
would bear an additional cost because of the accelerated
reinspection schedule--and thus, the first year that the
mandate would be in affect--would be around 2015. Based upon
information provided by OPS and industry sources, CBO estimates
that the cost of shortening the deadline for reinspection would
not exceed the annual thresholds for private-sector or
intergovernmental mandates in any of the first five years that
the mandate goes into effect.
Employee Qualification Program. Section 10 would require
pipeline operators to adopt and implement a written
qualification program for employees who perform certain tasks.
According to OPS and the pipeline industry, this provision
closely mirrors an OPS operator qualification rule that
operators must meet by October 2002. However, under the bill,
each program would require certification by the Secretary of
DOT within three years of the bill's enactment to ensure
compliance with standards to be established by the Secretary.
Based on information provided by OPS, CBO estimates that
participation in the certification process would impose minimal
costs on pipeline operators.
Terrorism Security Program. Section 12 would require
operators of pipeline facilities to develop and implement a
terrorism security program detailing procedures to safeguard
the pipeline facility and safely maintain operations in the
event of a terrorist attack. Secretarial approval would be
required for each program. According to both OPS and
representatives of the pipeline industry, pipeline operators
are already heavily involved in developing such plans in
concert with a comprehensive security guidance crafted by the
industry. Further, OPS anticipates incorporating the guidance
into the agency's forthcoming regulations. Thus, CBO estimates
that developing and implementing of terrorism security programs
would impose little, if any, incremental costs on pipeline
operators.
In addition, section 12 would require DOT to commence a
rulemaking that would require specialized security measures at
liquefied natural gas plants located on a waterfront withinone
mile of a densely populated area. Specifically, the bill would require
that each waterfront facility located in a populated area be tested at
least once every two years through the use of force-on-force exercises.
According to OPS, only one facility would be affected by the
rulemaking: Distrigas of Massachusetts Corporation. Based on
information provided by OPS, and the nuclear power industry (where
similar measures are conducted currently), CBO estimates that the cost
of increasing security at the facility would be below $10 million.
National Pipeline Mapping System. Section 13 would require
pipeline operators, except those operating distribution and
gathering lines, to provide OPS with information for a national
pipeline mapping system within six months of the bill's
enactment. DOT is currently engaged in such an effort and thus
far, participation by pipeline operators has been voluntary.
According to OPS, 90 percent of the required information has
been submitted by hazardous liquid pipeline operators, while 55
percent of the requisite information has been provided by the
natural gas pipeline industry. Based on information provided by
OPS and industry representatives, CBO estimates that the cost
of the mandate would be less than $1 million annually.
Whistleblower Protection. Section 4 would protect employees
of pipeline operators, contractors, or subcontractors that
provide pipeline safety information to the U.S. Government.
Under the bill, pipeline operators would be prohibited from
discharging or discriminating against such employees with
respect to compensation, term, conditions, or privileges of
employment. Employees may already possess some or all of such
protections under several environmental statutes. Section 4
would ensure that whistleblower protections are applicable to
any activity governed by pipeline safety law or regulation.
Because compliance with the broader whistleblower protections
would involve only incremental administrative costs, CBO
estimates that pipeline operators, their contractors and
subcontractors would incur only minimal costs from enactment of
this section.
Other impacts
Under current law, DOT is authorized to enter into
agreements with states under which the states implement federal
pipeline regulations applying to intrastate gas or hazardous
liquid pipelines. Section 5 would expand DOT's authority to
delegate the oversight of interstate pipelines to states.
Section 10 would authorize states participating in regulatory
agreements to review the risk analysis and integrity management
program of certain pipeline operators, and to provide DOT with
written assessments of those plans. Section 12 would require
participating states to enforce new regulations related to
employee qualification programs. Carrying out additional
reviews and oversight responsibilities would increase
regulatory costs for the states, but the costs would be
incurred voluntarily.
The bill also would authorized grants to states to
reimburse up to 50 percent of the cost of state pipeline safety
programs.
Previous CBO estimate: On April 5, 2002, CBO transmitted a
cost estimate for H.R. 3929, the Energy Pipeline Research,
Development, and Demonstration Act, as ordered reported by the
House Committee on Science, on March 20, 2002. This bill would
authorize a new research program similar to the program that
would be authorized by H.R. 3609; however, H.R. 3609 would
authorize the appropriation of $100 million for the program.
Estimate prepared by: Federal Costs: Rachel Milberg; state,
local, and tribal impact: Susan Sieg Tompkins; private-sector
impact: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
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.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to 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.
Section-by-Section Analysis of the Legislation
Section 1. Short Title; Amendment of Title 49, United States Code;
table of contents
Section 1 designates the act as the ``Pipeline
Infrastructure Protection to Enhance Security and Safety Act.''
Section 2. One-call notification programs
Section 2 requires that state one-call notification
programs provide for the participation of government operators
and contract excavators. Section 2 also requires that state
one-call notification programs, not only provide for the
enumerated items set forth in the statute, but must also
document the same. Additionally, the requirement that the
Secretary include certain information in reports submitted
under section 60124 of Title 49 is made permanent.
Section 2 also amends section 6105 of title 49 by requiring
the Secretary of Transportation to encourage the states,
operators of one-call notification programs, operators of
underground facilities, and excavators (including government
and contract excavators) to use the practices set forth in the
best practices report entitled ``Common Ground,'' and requires
the Secretary of Transportation to provide technical assistance
to a non-profit organization specifically established for the
purpose of reducing construction-related damage to underground
facilities. Authorizations for appropriations for fiscal years
2002 through 2006 are provided at $500,000 per year, but not
from user fees collected under section 60301 of title 49.
Section 3. One-call notification of pipeline operators
Section 3 provides for the enforcement of one-call
notification programs by a state authority if the state's
program meets the requirements set forth in the statute. The
application of the term ``person'' who intends to engage in an
activity necessitating the use of the one-call system is
expanded to include government employees or contractors.
Section 60123(d) is amended by rearranging the phrase
``knowingly and willfully'' to address the problem raised when
a court interpreted existing law to require a knowing and
willful standard to, not only engaging in an excavation
activity, but also to subsequently damaging a pipeline
facility. The consequence of the court's interpretation makes
prosecutions more difficult by requiring the government to show
the defendant knew subsequent damages would result from
excavation activity and that the defendant's conduct was
willful. This section of the bill corrects the court's
interpretation by requiring that the ``knowingly and
willfully'' standard apply only to engaging in an excavation
activity.
This section also provides that penalties under the
criminal penalties section can be reduced if a violation is
promptly reported by the violator.
Section 4. Protection of employees providing pipeline safety
information
Section 4 adds provisions for the protection of employees
who are discharged or otherwise discriminated against with
respect to compensation, terms, conditions, or privileges of
employment for (1) providing information to the federal
government about alleged violations of Federal law relating to
pipeline safety; (2) refusing to participate in any practice
made illegal by Federal law relating to pipeline safety; or (3)
assisting or participating in any proceeding to carry out the
purposes of pipeline safety legislation. This section
establishes the procedural framework in which complaints are
handled by the Secretary of Labor and the remedies available to
the prevailing party.
Section 5. Safety orders
Section 5 adds a paragraph to section 60117 of the Act to
give the Secretary the authority to order an operator of a
facility to take corrective action if the Secretary decides
that a potentially unsafe condition exists.
Section 6. Penalties
Section 6 modifies the existing penalties provision set
forth in section 60112 so that the Secretary of Transportation
may decide a pipeline facility is hazardous if the pipeline's
operation, facility, construction of the facility, or any
component of the facility is or would be hazardous. The purpose
of the modification is to give the Secretary authority to take
action prior to the facility, the construction of the facility,
or any component of the facility actually becoming hazardous,
thereby establishing a framework of preventive actions, instead
of actions after a hazardous situation presents itself.
Section 6 also increases the penalties for violations of
the bill. The per day, per incident amount has been increased
to $100,000. The maximum civil penalty for a related series of
violations has been increased to $1,000,000. Section 6 provides
that, in determining the amount of a civil penalty, the
Secretary shall consider as an additional consideration, the
adverse impact on the environment. The Secretary may consider
the economic benefit gained from the violation without
reduction because of subsequent damages.
This section also modifies the enforcement section by
specifically providing that the Attorney General may seek
appropriate relief, including a temporary or permanent
injunction, punitive damages, and the assessment of civil
penalties. The current statutory language specifying that the
Attorney General may proceed only at the request of the
Secretary of Transportation, remains in effect.
Section 7. Pipeline safety information grants to communities
Section 7 requires the Secretary of Transportation to make
grants for technical assistance to local communities and groups
of individuals (not including for-profit entities) relating to
the safety of pipelines in local communities. The purpose of
this provision is to give grants to people in local communities
who desire to hire engineers in order to verify safety concerns
that may be raised because of pipelines being located in their
communities. In order to receive the grants, the applicants
must compete for the grants in a competitive procedure
established by the Secretary of Transportation, who shall also
establish the criteria for the recipients. Additionally, the
Secretary must establish procedures to ensure that the funds
have been properly accounted for and spent in a manner
consistent with the purpose of the grants. Any one grant
recipient may not receive more than $50,000. The grant funds
may not be used for lobbying or to fund litigation. This
section authorizes the appropriation of $1,000,000 for each of
the fiscal years 2003 through 2006.
Section 8. Population encroachment
Section 8 requires the Secretary of Transportation, along
with the Federal Energy Regulatory Commission (FERC), other
federal agencies, and state and local governments, to study
land use practices and zoning ordinances with regard to
pipeline rights-of-way. Based upon the purposes set forth in
section 8, a report is to be written that identifies successful
methods in the law for addressing population encroachment on
pipeline rights-of-way, being mindful of protecting the public
safety, pipeline workers, and the environment. The report must
be completed within one year from the date of enactment and
provided to Congress,appropriate federal agencies, and the
States for further distribution to the appropriate local authorities.
Section 9. Pipeline integrity research, development, and demonstration
This section requires the Secretary of Energy, in
cooperation with the Secretary of Transportation and the
Director of the National Institute of Standards and Technology,
to develop a program of research, development, demonstration,
and standardization to ensure the integrity of pipelines.
Section 10. Certification of pipeline qualification programs
Section 10 requires the Secretary of Transportation to
require operators of pipeline facilities to develop
qualification programs for their personnel who perform covered
tasks (as defined in the Code of Federal Regulations). This
section also requires the Secretary to have in place standards
and criteria for such qualification programs. The Secretary is
required to certify each operator's qualification program. In
the event the Secretary fails to establish standards and
criteria as set forth in this section, pipeline facility
operators are required to develop and implement qualification
programs based on the requirements of this section. The
Secretary is required to report to Congress within 5 years on
the status and results of personnel qualification regulations.
A pilot program is established for the certification of
individuals who operate computer-based systems for controlling
the operations of pipelines. The pilot program seeks the
participation of 3 pipeline facilities.
Section 11. Additional gas pipeline protections
This section requires operators of pipeline facilities
subject to section 60109 of the Act to adopt and implement a
written integrity management program to reduce risks to each
facility. Within 18 months of the enactment of the bill, this
section requires the Secretary of Transportation to prescribe
standards to direct each operator's conduct of a risk analysis
and adoption and implementation of an integrity management
program, which must occur within one year from the issuance of
regulations by the Secretary. This section sets forth the
minimum requirements for integrity management programs and for
the rule regulating the same, which include a baseline
integrity assessment of each of an operator's facilities. This
assessment must be completed within 10 years after the date of
the adoption of the integrity management program and a
reassessment of each facility at a minimum of once every 7
years.
This section requires the Secretary of Transportation to
issue a rule on integrity management programs, and each
operator of a pipeline facility subject to section 60109 of the
Act is required to adopt and implement an integrity management
program, even if the Secretary does not issue a rule. This
section does not apply to natural gas distribution lines
because section 60109 of the Act does not, nor was it intended
to, apply to natural gas distribution lines.
The Secretary is authorized to grant waivers and
modifications pursuant to section 60118(c) for any requirement
for reassessment of a facility for reasons that may include the
need to maintain local product supply or the lack of internal
inspection devices. The waivers or modifications shall not be
inconsistent with pipeline safety. The Secretary is encouraged
to make use of waivers and modifications where necessary and
not inconsistent with the purposes of pipeline safety,
especially if local product supply may be interrupted if a
waiver or modification is not granted.
Section 11 also requires the Secretary of Transportation to
conduct a study to evaluate the 7 year reassessment interval
required by this section. The study is to be completed and
transmitted to Congress no later than 7 years from the date of
enactment.
Section 12. Security of pipeline facilities
Section 12 requires the operator of a pipeline facility to
develop and implement a terrorism security program, which must
be reviewed and verified by the Secretary of Transportation in
accordance with procedures and standards prescribed by the
Secretary. The Secretary of Transportation 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.
This section also requires the Secretary of Transportation
to commence rule-making procedures to guard against acts of
terrorism orsabotage against waterfront liquefied natural gas
plants located in or within one mile of a densely populated urban area.
A densely populated area is defined as an area with a population
density of more than 10,000 people per square mile. The intent of this
provision is for a ``densely populated urban area'' in this context
apply only to Everett, Massachusetts so that the only facility subject
to this provision is the DistriGas liquefied natural gas facility
located in Everett, Massachusetts. The phrase ``waterfront liquefied
natural gas plants'' is used because it is defined in the regulations
at 49 Code of Federal Regulations, section 193.2007. The definition of
``liquefied natural gas plant'' is as follows: ``an LNG plant with
docks, wharves, piers, or other structures in, on, or immediately
adjacent to the navigable waters of the United States or Puerto Rico
and any shore area immediately adjacent to those waters to which
vessels may be secured and at which LNG cargo operations may be
conducted.'' It is believed that the OPS interprets the phrase ``to
which vessels may be secured and at which LNG cargo operations may be
conducted'' as meaning facilities in which LNG tankers can load and
unload liquefied natural gas. Such an interpretation precludes
facilities located elsewhere that are used primarily for peak-shaving
plants or storage of liquefied natural gas.
Section 13. National pipeline mapping system
This section requires operators of pipeline facilities,
except distribution lines and gathering lines, to provide to
the Secretary of Transportation geospatial data appropriate for
use in the National Mapping System. The data shall include the
name and address of the person with primary operational
control, and a means for a member of the public to contact the
operator for additional information about the facilities. There
is a requirement to update the information as necessary.
Section 14. Coordination of environmental reviews
Section 14 requires the President to establish an
interagency committee for the purpose of developing and
ensuring the implementation of a coordinated environmental
review and permitting process. This process will allow pipeline
operators to complete the activities necessary to carry out
pipeline repairs within any time periods specified by rule by
the Secretary of Transportation.
The chairman of the Council on Environmental Quality shall
chair the Interagency Committee, which shall consist of
representatives of Federal agencies with responsibilities
relating to pipeline repair projects. The Interagency Committee
shall evaluate Federal permitting requirements and examine the
access, excavation, and restoration practices of the pipeline
industry for the purpose of developing a compendium of best
practices used by the industry to access, excavate, and restore
the site of a pipeline repair. Based upon the evaluation
conducted, the members of the Interagency Committee shall enter
into a memorandum of understanding to provide for the
coordinated and expedited pipeline repair permit review process
so that pipeline operators may commence and complete pipeline
repairs within any time periods imposed on the repair projects
by rules promulgated by the Secretary of Transportation. Each
agency represented on the Interagency Committee is required to
revise its regulations to implement the provisions of the
memorandum of understanding.
This section also provides for the implementation of
alternative mitigation measures to be used by operators of
pipeline facilities until all applicable permits have been
granted. To the extent necessary, the Secretary of
Transportation is required to revise the regulations of the
Department to accommodate such implementation. However, such
revisions shall not allow an operator of a pipeline facility to
implement alternate mitigation measures unless to do so would
be consistent with the protection of human health, public
safety, and the environment; the operator has applied for and
is diligently and in good faith pursuing all required Federal,
State, and local permits necessary to carry out the repair
project; and is compatible with pipeline safety. Depending on
the circumstances of a particular situation, such alternative
mitigation measures may include pressure reduction, periodic
line monitoring, 24-hour line monitoring, and such other
methods as the OPS determines would not violate the limitations
set forth in this section.
The Secretary of Transportation is required to designate an
ombudsman to assist in expediting pipeline repairs and
resolving disagreements between Federal, state, and local
permitting agencies and the operator of a pipeline facility.
The actions of the ombudsman mustbe consistent with the
protection of human health, public safety, and the environment.
The Secretary of Transportation is required to encourage
states and local governments to consolidate their respective
permitting processes for pipeline repair projects that are
subject to any time periods for repairs specified by rule by
the Secretary of Transportation.
Section 15. Nationwide toll-free number system
This section requires the Secretary of Transportation to
work in conjunction with the Federal Communications Commission
(FCC), facility operators, excavators, and one-call
notification system operators for the establishment of a
nationwide toll-free 3-digit telephone number system to be used
by state one-call notification systems.
Section 16. Recommendations and responses
This section requires the OPS to respond to recommendations
received from the National Transportation Safety Board (NTSB)
within 90 days from receipt of such recommendations. Such
responses shall state the intentions of the Office with respect
to the recommendations, and shall state the timetable for
completing the procedures and reasons for refusals to do so.
The responses shall be made available to the public. The Office
is required to submit an annual report describing each
recommendation received and the Office's response to each
recommendation for the previous year.
Section 17. Miscellaneous amendments
Section 17 modifies the general authority of the Secretary
of Transportation by requiring the Secretary to prescribe
minimum safety standards ``in order to protect public health
and welfare and the environment from reasonably anticipated
threats that could be posed by such transportation and
facilities.''
Additionally, this section modifies the qualifications of
the individuals selected to serve on the Technical Safety
Standards Committees so that none of the individuals selected
for committee membership from the general public ``may have a
significant financial interest in the pipeline, petroleum, or
gas industry.'' This provision is not intended to prevent
service from individuals who have pipeline, petroleum, or gas
industry stock interests in their retirement plans. The intent
of this provision is to prevent industry employees or those
with major financial stakes in the industry from serving as
representatives from the general public.
Section 18. Technical amendments
This section makes technical amendments to correct previous
drafting errors that surfaced in the existing legislation.
Section 19. Authorization of appropriations
This section authorizes appropriations for the Department
of Transportation and state grants for safety programs for the
fiscal years 2003 through 2006.
Section 20. Inspections by direct assessment
This section requires the Secretary of Transportation to
issue regulations prescribing standards for inspections of a
pipeline facility by direct assessment.
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] 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 2003
through 2006. 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 2003 through 2006.
* * * * * * *
SUBTITLE VIII--PIPELINES
* * * * * * *
CHAPTER 601--SAFETY
Sec.
60101. Definitions.
* * * * * * *
60129. Protection of employees providing pipeline safety information.
60130. Certification of pipeline qualification programs.
60131. Security of pipeline facilities.
60132. National pipeline mapping system.
60133. Coordination of environmental reviews.
60134. Recommendations and responses.
* * * * * * *
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 in order to
protect public health and welfare and the environment
from reasonably anticipated threats that could be posed
by such transportation and 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
(C) shall include a requirement that all
individuals who operate and maintain pipeline
facilities shall be qualified to operate and
maintain the pipeline facilities.
(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.
* * * * * * *
(m) Inspections by Direct Assessment.--Not later than 1 year
after the date of the enactment of this subsection, the
Secretary shall issue regulations prescribing standards for
inspection of a pipeline facility by direct assessment.
* * * * * * *
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. 60109. High-density population areas and environmentally sensitive
areas
(a) * * *
* * * * * * *
(c) Risk Analysis and Integrity Management Programs.--
(1) Requirement.--Each operator of a gas pipeline
facility shall conduct an analysis of the risks to each
facility of the operator 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
reassessment of the facility, at a minimum of
once every 7 years, using methods described in
subparagraph (A).
(C) Clearly defined criteria for evaluating
the results of inspections conducted under
subparagraph (B) and for taking actions based
on such results.
(D) A method for conducting an analysis on a
continuing basis that integrates all available
information about the integrity of the facility
and the consequences of releases from the
facility.
(E) A description of actions to be taken by
the operator to promptly address any integrity
issue raised by an evaluation conducted under
subparagraph (C) or the analysis conducted
under subparagraph (D).
(F) A description of measures to prevent and
mitigate the consequences of releases from the
facility.
(G) A method for monitoring cathodic
protection systems throughout the pipeline
system of the operator to the extent not
addressed by other regulations.
(H) If the Secretary raises a safety concern
relating to the facility, a description of the
actions to be taken by the operator to address
the safety concern, including issues raised
with the Secretary by States and local
authorities under an agreement entered into
under section 60106.
(4) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement for reassessment of a facility under
paragraph (3)(B) for reasons that may include the need
to maintain local product supply or the lack of
internal inspection devices if the Secretary determines
that such waiver is not inconsistent with pipeline
safety.
(5) Standards.--The standards prescribed by the
Secretary under paragraph (2) shall address each of the
following factors:
(A) The minimum requirements described in
paragraph (3).
(B) The type or frequency of inspections or
testing of pipeline facilities, in addition to
the minimum requirements of paragraph (3)(B).
(C) The manner in which the inspections or
testing are conducted.
(D) The criteria used in analyzing results of
the inspections or testing.
(E) The types of information sources that
must be integrated in assessing the integrity
of a pipeline facility as well as the manner of
integration.
(F) The nature and timing of actions selected
to address the integrity of a pipeline
facility.
(G) Such other factors as the Secretary
determines appropriate to ensure that the
integrity of a pipeline facility is addressed
and that appropriate mitigative measures are
adopted to protect areas identified under
subsection (a)(1).
In prescribing those standards, the Secretary shall
ensure that all inspections required are conducted in a
manner that minimizes environmental and safety risks,
and shall take into account the applicable level of
protection established by national consensus standards
organizations.
(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. 60112. Pipeline facilities hazardous to life and property
[(a) General Authority.--After notice and an opportunity for
a hearing, the Secretary of Transportation may decide a
pipeline facility is hazardous if the Secretary decides the
facility is--
[(1) hazardous to life, property, or the environment;
or
[(2) constructed or operated, or a component of the
facility is constructed or operated, with equipment,
material, or a technique the Secretary decides is
hazardous to life, property, or the environment.]
(a) General Authority.--After notice and an opportunity for a
hearing, the Secretary of Transportation may decide that a
pipeline facility is hazardous if the Secretary decides that--
(1) operation of the facility is or would be
hazardous to life, property, or the environment; or
(2) the facility is or would be constructed or
operated, or a component of the facility is or would be
constructed or operated, with equipment, material, or a
technique that the Secretary decides is hazardous to
life, property, or the environment.
* * * * * * *
(d) Corrective Action Orders.--If the Secretary decides under
subsection (a) of this section that a pipeline facility [is
hazardous] is or would be hazardous, the Secretary shall order
the operator of the facility to take necessary corrective
action, including suspended or restricted use of the facility,
physical inspection, testing, repair, replacement, or other
appropriate action.
* * * * * * *
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) a requirement that the system apply to all areas
of the State containing underground pipeline
facilities.
(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. 60115. Technical safety standards committees
(a) * * *
(b) Composition and Appointment.--(1) * * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(D) None of the individuals selected for a committee under
paragraph (3)(C) may have a significant financial interest in
the pipeline, petroleum, or gas industry.
* * * * * * *
Sec. 60117. Administrative
(a) * * *
* * * * * * *
(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.
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. 60120. Enforcement
(a) Civil Actions.--(1) On the request of the Secretary of
Transportation, the Attorney General may bring a civil action
in an appropriate district court of the United States to
enforce this chapter or a regulation prescribed or order issued
under this chapter. [The court may award appropriate relief,
including punitive damages.] The Attorney General may seek
appropriate relief in such action, including a temporary or
permanent injunction, punitive damages, and assessment of civil
penalties, and the court may award such relief as appropriate.
* * * * * * *
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)] section 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]
$100,000 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] $1,000,000.
* * * * * * *
(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.
(b) Penalty Considerations.--In determining the amount of a
civil penalty [under this section, the Secretary shall
consider--
[(1) the nature, circumstances, and gravity of the
violation;
[(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on ability to continue
doing business;
[(3) good faith in attempting to comply; and
[(4) other matters that justice requires.] under this
section--
(1) the Secretary shall consider--
(A) the nature, circumstances, and gravity of
the violation, including adverse impact on the
environment;
(B) with respect to the violator, the degree
of culpability, any history of prior
violations, the ability to pay, and any effect
on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider--
(A) the economic benefit gained from the
violation without any reduction because of
subsequent damages; and
(B) other matters that justice requires.
* * * * * * *
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.
* * * * * * *
(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
* * * * * * *
Penalties under this subsection may be reduced in the case of a
violation that is promptly reported by the violator.
* * * * * * *
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 section 60107) related to gas and hazardous liquid,
the following amounts are authorized to be appropriated to the
Department of Transportation:
(1) $45,800,000 for fiscal year 2003, of which
$31,900,000 is to be derived from user fees for fiscal
year 2003 collected under section 60301 of this title.
(2) $46,800,000 for fiscal year 2004, of which
$35,700,000 is to be derived from user fees for fiscal
year 2004 collected under section 60301 of this title.
(3) $47,100,000 for fiscal year 2005, of which
$41,100,000 is to be derived from user fees for fiscal
year 2005 collected under section 60301 of this title.
(4) $50,000,000 for fiscal year 2006, of which
$45,000,000 is to be derived from user fees for fiscal
year 2006 collected under section 60301 of this title.
[(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) $19,800,000 for fiscal year 2003, of which
$14,800,000 is to be derived from user fees for fiscal
year 2003 collected under section 60301 of this title.
(B) $21,700,000 for fiscal year 2004, of which
$16,700,000 is to be derived from user fees for fiscal
year 2004 collected under section 60301 of this title.
(C) $24,600,000 for fiscal year 2005, of which
$19,600,000 is to be derived from user fees for fiscal
year 2005 collected under section 60301 of this title.
(D) $26,500,000 for fiscal year 2006, of which
$21,500,000 is to be derived from user fees for fiscal
year 2006 collected under section 60301 of this title.
* * * * * * *
[(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)] (c) 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.
[(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 conjunction
with the Federal Energy Regulatory Commission and in
consultation with appropriate Federal agencies and State and
local governments, shall undertake a study of land use
practices 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, pipeline workers, 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, pipeline
workers, and the environment.
(2) Distribution of report.--The Secretary shall
provide a copy of the report to--
(A) Congress and appropriate Federal
agencies; and
(B) States for further distribution to
appropriate local authorities.
(3) Adoption of practices, laws, and ordinances.--The
Secretary shall encourage Federal agencies and State
and local governments to adopt and implement
appropriate practices, laws, and ordinances, as
identified in the report, to address the risks and
hazards associated with encroachment upon pipeline
rights-of-way.
* * * * * * *
Sec. 60129. Protection of employees providing pipeline safety
information
(a) Discrimination Against Employee.--(1) No employer may
discharge any employee or otherwise discriminate against any
employee with respect to his compensation, terms, conditions,
or privileges of employment because the employee (or any person
acting pursuant to a request of the employee)--
(A) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to any
violation or alleged violation of any order,
regulation, or standard under this chapter or any other
Federal law relating to pipeline safety;
(B) refused to engage in any practice made unlawful
by this chapter or any other Federal law relating to
pipeline safety, if the employee has identified the
alleged illegality to the employer;
(C) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before
Congress or at any Federal or State proceeding
regarding any provision (or proposed provision) of this
chapter or any other Federal law relating to pipeline
safety;
(D) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under
this chapter or any other Federal law relating to
pipeline safety, or a proceeding for the administration
or enforcement of any requirement imposed under this
chapter or any other Federal law relating to pipeline
safety;
(E) provided, caused to be provided, or is about to
provide or cause to be provided, testimony in any
proceeding described in subparagraph (D); or
(F) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in
any other manner in such a proceeding or in any other
action to carry out the purposes of this chapter or any
other Federal law relating to pipeline safety.
(2) For purposes of this section, the term ``employer''
means--
(A) a person owning or operating a pipeline facility;
or
(B) a contractor or subcontractor of such a person.
(b) Department of Labor Complaint Procedure.--
(1) Filing and notification.--A person who believes
that he or she has been discharged or otherwise
discriminated against by any person in violation of
subsection (a) may, not later than 180 days after the
date on which such violation occurs, file (or have any
person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
or persons named in the complaint and the Secretary of
Transportation of the filing of the complaint, of the
allegations contained in the complaint, of the
substance of evidence supporting the complaint, and of
the opportunities that will be afforded to such person
or persons under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1) and after affording the person or
persons named in the complaint an opportunity
to submit to the Secretary of Labor a written
response to the complaint and an opportunity to
meet with a representative of the Secretary of
Labor to present statements from witnesses, the
Secretary of Labor shall conduct an
investigation and determine whether there is
reasonable cause to believe that the complaint
has merit and notify in writing the complainant
and the person or persons alleged to have
committed a violation of subsection (a) of the
Secretary of Labor's findings. If the Secretary
of Labor concludes that there is reasonable
cause to believe that a violation of subsection
(a) has occurred, the Secretary of Labor shall
include with the Secretary of Labor's findings
with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
60 days after the date of notification of
findings under this subparagraph, any person
alleged to have committed a violation or the
complainant may file objections to the findings
or preliminary order, or both, and request a
hearing on the record. The filing of such
objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Such hearings shall be
conducted expeditiously. If a hearing is not
requested in such 60-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) Requirements.--
(i) Required showing by
complainant.--The Secretary of Labor
shall dismiss a complaint filed under
this subsection and shall not conduct
an investigation otherwise required
under subparagraph (A) unless the
complainant makes a prima facie showing
that any behavior described in
paragraphs (1) through (4) 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 of Labor that the complainant
has made the showing required under
clause (i), no investigation otherwise
required under subparagraph (A) shall
be conducted if the employer
demonstrates, by clear and convincing
evidence, that the employer would have
taken the same unfavorable personnel
action in the absence of that behavior.
(iii) Criteria for determination by
Secretary.--The Secretary of Labor may
determine that a violation of
subsection (a) has occurred only if the
complainant demonstrates that any
behavior described in paragraphs (1)
through (4) 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 90 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this
paragraph or denying the complaint. At any time
before issuance of a final order, a proceeding
under this subsection may be terminated on the
basis of a settlement agreement entered into by
the Secretary of Labor, the complainant, and
the person or persons alleged to have committed
the violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary of
Labor determines that a violation of subsection
(a) has occurred, the Secretary of Labor shall
order the person or persons who committed such
violation to--
(i) take affirmative action to abate
the violation;
(ii) reinstate the complainant to his
or her former position together with
the compensation (including back pay)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
(iii) provide compensatory damages to
the complainant.
If such an order is issued under this
paragraph, the Secretary of Labor, at the
request of the complainant, shall assess
against the person or persons against whom the
order is issued a sum equal to the aggregate
amount of all costs and expenses (including
attorney's and expert witness fees) reasonably
incurred, as determined by the Secretary of
Labor, by the complainant for, or in connection
with, the bringing the complaint upon which the
order was issued.
(C) Frivolous complaints.--If the Secretary
of Labor finds that a complaint under paragraph
(1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the
prevailing employer a reasonable attorney's fee
not exceeding $1,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of
the order in the United States Court of Appeals
for the circuit in which the violation, with
respect to which the order was issued,
allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. The petition for review must be
filed not later than 60 days after the date of
issuance of the final order of the Secretary of
Labor. Review shall conform to chapter 7 of
title 5, United States Code. The commencement
of proceedings under this subparagraph shall
not, unless ordered by the court, operate as a
stay of the order.
(B) Limitation on collateral attack.--An
order of the Secretary of Labor with respect to
which review could have been obtained under
subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
(5) Enforcement of order by secretary of labor.--
Whenever any person has failed to comply with an order
issued under paragraph (3), the Secretary of Labor may
file a civil action in the United States district court
for the district in which the violation was found to
occur to enforce such order. In actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief,
including, but not to be limited to, injunctive relief
and compensatory damages.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on
whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person or persons to whom such
order was issued to require compliance with
such order. The appropriate United States
district court shall have jurisdiction, without
regard to the amount in controversy or the
citizenship of the parties, to enforce such
order.
(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award
costs of litigation (including reasonable
attorney and expert witness fees) to any party
whenever the court determines such award costs
is appropriate.
(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
(d) Nonapplicability To Deliberate Violations.--Subsection
(a) shall not apply with respect to an action of an employee of
an employer who, acting without direction from the employer (or
such employer's agent), deliberately causes a violation of any
requirement relating to pipeline safety under this chapter or
any other law of the United States.
Sec. 60130. Certification of pipeline qualification programs
(a) In General.--Subject to the requirements of this section,
the Secretary of Transportation shall require the operator of a
pipeline facility to develop and adopt a qualification program
to ensure that the personnel of the operator who perform
covered tasks are qualified to conduct such tasks.
(b) Standards and Criteria.--
(1) Development.--Not later than 1 year after the
date of enactment of this section, the Secretary shall
ensure that the Department of Transportation has in
place standards and criteria for qualification programs
referred to in subsection (a).
(2) Contents.--The standards and criteria shall
include the following:
(A) The establishment of industry standards
for the qualifications of personnel described
in subsection (a).
(B) A requirement that pipeline operators
develop and implement written plans and
procedures to train and evaluate the abilities
of personnel described in subsection (a) to
meet the industry standards established under
subparagraph (A).
(C) A requirement that the plans and
procedures adopted by a pipeline operator under
subparagraph (B) be certified under subsection
(e).
(c) Development of Qualification Programs by Pipeline
Operators.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall require a
pipeline operator to develop and adopt a qualification program
that complies with the standards and criteria described in
subsection (b).
(d) Elements of Qualification Programs.--A qualification
program adopted by an operator under subsection (a) shall
include, at a minimum, the following elements:
(1) A method for examining or testing the
qualifications of personnel described in subsection
(a). Such method may not be limited to observation of
on-the-job performance, except with respect to tasks
for which the Secretary has determined that such
observation is the best method of examining or testing
qualifications. The Secretary shall ensure that the
results of any such observations are documented in
writing.
(2) A requirement that the operator complete the
qualification of all personnel described in subsection
(a) not later than 18 months after the date of adoption
of the qualification program.
(3) A periodic requalification component that
provides for examination or testing of personnel in
accordance with paragraph (1).
(4) A program to provide training, as appropriate, to
ensure that individuals performing covered tasks have
the necessary knowledge and skills to perform the tasks
in a manner that ensures the safe operation of pipeline
facilities.
(e) Certification of Programs.--
(1) In general.--The Secretary shall certify the
qualification program of each pipeline operator. The
qualification program of a pipeline operator shall be
certified if the operator's program complies with the
standards and criteria described in subsection (b) and
includes the elements described in paragraphs (1)
through (3) of subsection (d).
(2) Agreement or state authorization.--The Secretary
may enter into a cooperative agreement or contract with
a public or private entity, or may authorize a State
authority, to certify qualification programs under this
subsection.
(3) Deadline for completion.--Certifications under
this subsection shall be completed not later than 3
years after the date of the enactment of this section.
(4) Inadequate programs.--If the Secretary decides
that a qualification program is inadequate for the safe
operation of a pipeline facility, the Secretary shall
act as under section 60108(a)(2) to require the
operator to revise the qualification program.
(5) Program modifications.--If the operator of a
pipeline facility seeks to modify significantly a
program that has been certified under this subsection,
the operator shall submit the modifications to the
Secretary for approval.
(6) Waivers and modifications.--In accordance with
section 60118(c), the Secretary may waive or modify any
requirement of this section.
(7) Inaction by the secretary.--Notwithstanding any
failure of the Secretary to prescribe standards and
criteria as described in subsection (b), an operator of
a pipeline facility shall develop and adopt a
qualification program that complies with the
requirement of subsection (b)(2)(B) and includes the
elements described in paragraphs (1) through (3) of
subsection (d) not later than 2 years after the date of
enactment of this section.
(f) 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.
(g) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall transmit to
Congress a report on the status and results to date of the
personnel qualification regulations issued under this chapter.
Sec. 60131. Security of pipeline facilities
(a) Terrorism Security Programs.--
(1) In general.--Subject to the requirements of this
subsection, the operator of a pipeline facility shall
develop and implement a terrorism security program
reviewed and verified under paragraph (3).
(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, and to
safeguard pipeline workers.
(3) Review and verification of programs.--Not later
than 1 year after the date of enactment of this
section, the Secretary shall review the terrorism
security program of each pipeline operator and verify
its compliance with this section. The Secretary shall
prescribe procedures for the review and standards for
the verification of such programs. The Secretary shall
record the results of that review for use in the next
review of an operator's program.
(4) Inadequate programs.--If the Secretary determines
that a terrorism security program does not comply with
the requirements of this section, the Secretary shall
act under section 60108(a)(2) to require the operator
to revise the terrorism security program.
(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.
(c) Security Measures To Protect Against Acts of Terrorism or
Sabotage.--
(1) Rulemaking requirement.--The Secretary of
Transportation, not later than 60 days after the date
of the enactment of this subsection, after consultation
with any appropriate Federal, State, or nongovernmental
entities, shall commence a rulemaking to require
effective security measures which the Secretary
determines are necessary to be adopted against acts of
terrorism or sabotage directed against waterfront
liquefied natural gas plants located in or within 1
mile of a densely populated urban area. Within 1 year
after the date of the enactment of this subsection, the
Secretary of Transportation shall issue a final rule.
(2) Factors to be considered.--Regulations issued
under paragraph (1) shall take into account--
(A) the events of September 11, 2001;
(B) the potential for attack on facilities by
multiple coordinated teams totaling in the
aggregate a significant number of individuals;
(C) the potential for assistance in an attack
from several persons employed at the facility;
(D) the potential for suicide attacks;
(E) water-based and air-based threats;
(F) the potential use of explosive devices of
considerable size and other modern weaponry;
(G) the potential for attacks by persons with
a sophisticated knowledge of facility
operations;
(H) the threat of fires and large explosions;
and
(I) special threats and vulnerabilities
affecting facilities located in or within 1
mile of a densely populated urban area.
(3) Requirements.--Regulations issued under paragraph
(1) shall establish requirements for waterfront
liquefied natural gas plants relating to construction,
operation, security procedures, and emergency response,
and shall require conforming amendments to applicable
standards and rules.
(4) Operational security response evaluation.--(A)
Regulations issued under paragraph (1) shall include
the establishment of policies and procedures by the
Secretary of Transportation, which shall ensure that
the operational security response of each facility
described in subparagraph (B) is tested at least once
every 2 years through the use of force-on-force
exercises to determine whether the threat factors
identified in regulations issued under paragraph (1)
have been adequately addressed.
(B) Facilities subject to testing under subparagraph
(A) include waterfront liquefied natural gas plants
located in or within 1 mile of a densely populated
urban area, and associated support facilities and
equipment.
(5) Review and revision.--Regulations issued under
paragraph (1) shall be reviewed and revised as
appropriate at least once every 5 years.
(6) Definitions.--For purposes of this subsection,
the term ``densely populated urban area'' means an area
with a population density of more than 10,000 people
per square mile.
Sec. 60132. National pipeline mapping system
(a) Information To Be Provided.--Not later than 6 months
after the date of enactment of this section, the operator of a
pipeline facility (except distribution lines and gathering
lines) shall provide to the Secretary of Transportation the
following information with respect to the facility:
(1) Geospatial data appropriate for use in the
National Pipeline Mapping System or data in a format
that can be readily converted to geospatial data.
(2) The name and address of the person with primary
operational control to be identified as its operator
for purposes of this chapter.
(3) A means for a member of the public to contact the
operator for additional information about the pipeline
facilities it operates.
(b) Updates.--A person providing information under subsection
(a) shall provide to the Secretary updates of the information
to reflect changes in the pipeline facility owned or operated
by the person and as otherwise required by the Secretary.
(c) Technical Assistance To Improve Local Response
Capabilities.--The Secretary may provide technical assistance
to State and local officials to improve local response
capabilities for pipeline emergencies by adapting information
available through the National Pipeline Mapping System to
software used by emergency response personnel responding to
pipeline emergencies.
Sec. 60133. Coordination of environmental reviews
(a) Interagency Committee.--
(1) Establishment and purpose.--Not later than 30
days after the date of enactment of this section, the
President shall establish an Interagency Committee to
develop and ensure implementation of a coordinated
environmental review and permitting process in order to
enable pipeline operators to commence and complete all
activities necessary to carry out pipeline repairs
within any time periods specified by rule by the
Secretary.
(2) Membership.--The Chairman of the Council on
Environmental Quality (or a designee of the Chairman)
shall chair the Interagency Committee, which shall
consist of representatives of Federal agencies with
responsibilities relating to pipeline repair projects,
including each of the following persons (or a designee
thereof):
(A) The Secretary of Transportation.
(B) The Administrator of the Environmental
Protection Agency.
(C) The Director of the United States Fish
and Wildlife Service.
(D) The Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric
Administration.
(E) The Director of the Bureau of Land
Management.
(F) The Director of the Minerals Management
Service.
(G) The Assistant Secretary of the Army for
Civil Works.
(H) The Chairman of the Federal Energy
Regulatory Commission.
(3) Evaluation.--The Interagency Committee shall
evaluate Federal permitting requirements to which
access, excavation, and restoration activities in
connection with pipeline repairs described in paragraph
(1) may be subject. As part of its evaluation, the
Interagency Committee shall examine the access,
excavation, and restoration practices of the pipeline
industry in connection with such pipeline repairs, and
may develop a compendium of best practices used by the
industry to access, excavate, and restore the site of a
pipeline repair.
(4) Memorandum of understanding.--Based upon the
evaluation required under paragraph (3) and not later
than 1 year after the date of enactment of this
section, the members of the Interagency Committee shall
enter into a memorandum of understanding to provide for
a coordinated and expedited pipeline repair permit
review process in order to enable pipeline operators to
commence and complete all activities necessary to carry
out pipeline repairs within any time periods specified
by rule by the Secretary.
(5) State and local consultation.--In carrying out
this subsection, the Interagency Committee shall
consult with appropriate State and local environmental,
pipeline safety, and emergency response officials, and
such other officials as the Interagency Committee
considers appropriate.
(b) Implementation.--Not later than 180 days after the
completion of the memorandum of understanding required under
subsection (a)(4), each agency represented on the Interagency
Committee shall revise its regulations as necessary to
implement the provisions of the memorandum of understanding.
(c) Savings Provisions; No Preemption.--Nothing in this
section shall be construed--
(1) to require a pipeline operator to obtain a
Federal permit, if no Federal permit would otherwise
have been required under Federal law; or
(2) to preempt applicable Federal, State, or local
environmental law.
(d) Interim Operational Alternatives.--
(1) In general.--Not later than 30 days after the
date of enactment of this section, and subject to the
limitations in paragraph (2), the Secretary of
Transportation shall revise the regulations of the
Department, to the extent necessary, to permit a
pipeline operator subject to time periods for repair
specified by rule by the Secretary to implement
alternative mitigation measures until all applicable
permits have been granted.
(2) Limitations.--The regulations issued by the
Secretary pursuant to this subsection shall not allow
an operator to implement alternative mitigation
measures pursuant to paragraph (1) unless--
(A) allowing the operator to implement such
measures would be consistent with the
protection of human health, public safety, and
the environment;
(B) the operator, with respect to a
particular repair project, has applied for and
is pursuing diligently and in good faith all
required Federal, State, and local permits to
carry out the project; and
(C) the proposed alternative mitigation
measures are not incompatible with pipeline
safety.
(e) Ombudsman.--The Secretary shall designate an ombudsman to
assist in expediting pipeline repairs and resolving
disagreements between Federal, State, and local permitting
agencies and the pipeline operator during agency review of any
pipeline repair activity, consistent with protection of human
health, public safety, and the environment.
(f) State and Local Permitting Processes.--The Secretary
shall encourage States and local governments to consolidate
their respective permitting processes for pipeline repair
projects subject to any time periods for repair specified by
rule by the Secretary. The Secretary may request other relevant
Federal agencies to provide technical assistance to States and
local governments for the purpose of encouraging such
consolidation.
Sec. 60134. Recommendations and responses
(a) Response Requirement.--Whenever the Office of Pipeline
Safety has received recommendations from the National
Transportation Safety Board regarding pipeline safety, it shall
submit a formal written response to each such recommendation
within 90 days after receiving the recommendation. The response
shall indicate whether the Office intends--
(1) to carry out procedures to adopt the complete
recommendations;
(2) to carry out procedures to adopt a part of the
recommendations; or
(3) to refuse to carry out procedures to adopt the
recommendations.
(b) Timetable for Completing Procedures and Reasons for
Refusals.--A response under subsection (a)(1) or (2) shall
include a copy of a proposed timetable for completing the
procedures. A response under subsection (a)(2) shall detail the
reasons for the refusal to carry out procedures on the
remainder of the recommendations. A response under subsection
(a)(3) shall detail the reasons for the refusal to carry out
procedures to adopt the recommendations.
(c) Public Availability.--The Office shall make a copy of
each recommendation and response available to the public,
including in electronic form.
(d) Reports to Congress.--The Office shall submit to Congress
on January 1 of each year a report describing each
recommendation on pipeline safety made by the National
Transportation Safety Board to the Office during the prior year
and the Office's response to each recommendation.
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