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records, reports, and information required under subsection
1
(a) of this section or other reasonably described records, re-
2
ports, and information relevant to the incident investiga-
3
tion, available to the Secretary within the time limits pre-
4
scribed in a written request.’’; and
5
(4) indenting the first word of the last sentence
6
and inserting ‘‘(4)’’ before ‘‘The Secretary’’ in that
7
sentence.
8
(c) P
ENALTY
A
UTHORITIES
.—(1) Section 60122(a) is
9
amended
by
striking
‘‘60114(c)’’
and
inserting
10
‘‘60117(b)(3)’’.
11
(2) Section 60123(a) is amended by striking
12
‘‘60114(c),’’ and inserting ‘‘60117(b)(3),’’.
13
(d) E
STABLISHMENT OF
N
ATIONAL
D
EPOSITORY
.—
14
Section 60117 is amended by adding at the end the fol-
15
lowing:
16
‘‘(l) N
ATIONAL
D
EPOSITORY
.—The Secretary shall es-
17
tablish a national depository of data on events and condi-
18
tions, including spill histories and corrective actions for
19
specific incidents, that can be used to evaluate the risk of,
20
and to prevent, pipeline failures and releases. The Secretary
21
shall administer the program through the Bureau of Trans-
22
portation Statistics, in cooperation with the Research and
23
Special Programs Administration, and shall make such in-
24
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formation available for use by State and local planning and
1
emergency response authorities and the public.’’.
2
SEC. 770. RESEARCH AND DEVELOPMENT.
3
(a) I
NNOVATIVE
T
ECHNOLOGY
D
EVELOPMENT
.—
4
(1) I
N GENERAL
.—As part of the Department of
5
Transportation’s research and development program,
6
the Secretary of Transportation shall direct research
7
attention
to
the
development
of
alternative
8
technologies—
9
(A) to expand the capabilities of internal
10
inspection devices to identify and accurately
11
measure defects and anomalies;
12
(B) to inspect pipelines that cannot accom-
13
modate internal inspection devices available on
14
the date of enactment;
15
(C) to develop innovative techniques meas-
16
uring the structural integrity of pipelines;
17
(D) to improve the capability, reliability,
18
and practicality of external leak detection de-
19
vices; and
20
(E) to develop and improve alternative tech-
21
nologies to identify and monitor outside force
22
damage to pipelines.
23
(2) C
OOPERATIVE
.—The Secretary may partici-
24
pate in additional technological development through
25
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cooperative agreements with trade associations, aca-
1
demic institutions, or other qualified organizations.
2
(b) P
IPELINE
S
AFETY AND
R
ELIABILITY
R
ESEARCH
3
AND
D
EVELOPMENT
.—
4
(1) I
N GENERAL
.—The Secretary of Transpor-
5
tation, in coordination with the Secretary of Energy,
6
shall develop and implement an accelerated coopera-
7
tive program of research and development to ensure
8
the integrity of natural gas and hazardous liquid
9
pipelines. This research and development program—
10
(A) shall include materials inspection tech-
11
niques, risk assessment methodology, and infor-
12
mation systems surety; and
13
(B) shall complement, and not replace, the
14
research program of the Department of Energy
15
addressing natural gas pipeline issues existing
16
on the date of enactment of this Act.
17
(2) P
URPOSE
.—The purpose of the cooperative
18
research program shall be to promote pipeline safety
19
research and development to—
20
(A) ensure long-term safety, reliability and
21
service life for existing pipelines;
22
(B) expand capabilities of internal inspec-
23
tion devices to identify and accurately measure
24
defects and anomalies;
25
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(C) develop inspection techniques for pipe-
1
lines that cannot accommodate the internal in-
2
spection devices available on the date of enact-
3
ment;
4
(D) develop innovative techniques to meas-
5
ure the structural integrity of pipelines to pre-
6
vent pipeline failures;
7
(E) develop improved materials and coat-
8
ings for use in pipelines;
9
(F) improve the capability, reliability, and
10
practicality of external leak detection devices;
11
(G) identify underground environments that
12
might lead to shortened service life;
13
(H) enhance safety in pipeline siting and
14
land use;
15
(I) minimize the environmental impact of
16
pipelines;
17
(J) demonstrate technologies that improve
18
pipeline safety, reliability, and integrity;
19
(K) provide risk assessment tools for opti-
20
mizing risk mitigation strategies; and
21
(L) provide highly secure information sys-
22
tems for controlling the operation of pipelines.
23
(3) A
REAS
.—In carrying out this subsection, the
24
Secretary of Transportation, in coordination with the
25
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Secretary of Energy, shall consider research and de-
1
velopment on natural gas, crude oil and petroleum
2
product pipelines for—
3
(A) early crack, defect, and damage detec-
4
tion, including real-time damage monitoring;
5
(B) automated internal pipeline inspection
6
sensor systems;
7
(C) land use guidance and set back manage-
8
ment along pipeline rights-of-way for commu-
9
nities;
10
(D) internal corrosion control;
11
(E) corrosion-resistant coatings;
12
(F) improved cathodic protection;
13
(G) inspection techniques where internal in-
14
spection is not feasible, including measurement
15
of structural integrity;
16
(H) external leak detection, including port-
17
able real-time video imaging technology, and the
18
advancement of computerized control center leak
19
detection systems utilizing real-time remote field
20
data input;
21
(I) longer life, high strength, non-corrosive
22
pipeline materials;
23
(J) assessing the remaining strength of ex-
24
isting pipes;
25
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HR 6 EAS1S/PP
(K) risk and reliability analysis models, to
1
be used to identify safety improvements that
2
could be realized in the near term resulting from
3
analysis of data obtained from a pipeline per-
4
formance tracking initiative;
5
(L) identification, monitoring, and preven-
6
tion of outside force damage, including satellite
7
surveillance; and
8
(M) any other areas necessary to ensuring
9
the public safety and protecting the environment.
10
(4) P
OINTS OF CONTACT
.—
11
(A) I
N GENERAL
.—To coordinate and im-
12
plement the research and development programs
13
and activities authorized under this subsection—
14
(i) the Secretary of Transportation
15
shall designate, as the point of contact for
16
the Department of Transportation, an offi-
17
cer of the Department of Transportation
18
who has been appointed by the President
19
and confirmed by the Senate; and
20
(ii) the Secretary of Energy shall des-
21
ignate, as the point of contact for the De-
22
partment of Energy, an officer of the De-
23
partment of Energy who has been appointed
24
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HR 6 EAS1S/PP
by the President and confirmed by the Sen-
1
ate.
2
(B) D
UTIES
.—
3
(i) The point of contact for the Depart-
4
ment of Transportation shall have the pri-
5
mary responsibility for coordinating and
6
overseeing the implementation of the re-
7
search, development, and demonstration
8
program plan under paragraphs (5) and
9
(6).
10
(ii) The points of contact shall jointly
11
assist in arranging cooperative agreements
12
for research, development and demonstra-
13
tion involving their respective Departments,
14
national laboratories, universities, and in-
15
dustry research organizations.
16
(5) R
ESEARCH
AND
DEVELOPMENT
PROGRAM
17
PLAN
.—Within 240 days after the date of enactment
18
of this Act, the Secretary of Transportation, in co-
19
ordination with the Secretary of Energy and the
20
Pipeline Integrity Technical Advisory Committee,
21
shall prepare and submit to the Congress a 5-year
22
program plan to guide activities under this sub-
23
section. In preparing the program plan, the Secretary
24
shall consult with appropriate representatives of the
25
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natural gas, crude oil, and petroleum product pipe-
1
line industries to select and prioritize appropriate
2
project proposals. The Secretary may also seek the ad-
3
vice of utilities, manufacturers, institutions of higher
4
learning, Federal agencies, the pipeline research insti-
5
tutions, national laboratories, State pipeline safety
6
officials, environmental organizations, pipeline safety
7
advocates, and professional and technical societies.
8
(6) I
MPLEMENTATION
.—The Secretary of Trans-
9
portation shall have primary responsibility for ensur-
10
ing the 5-year plan provided for in paragraph (5) is
11
implemented as intended. In carrying out the re-
12
search, development, and demonstration activities
13
under this paragraph, the Secretary of Transpor-
14
tation and the Secretary of Energy may use, to the
15
extent authorized under applicable provisions of law,
16
contracts, cooperative agreements, cooperative research
17
and development agreements under the Stevenson-
18
Wydler Technology Innovation Act of 1980 (15 U.S.C.
19
3701 et seq.), grants, joint ventures, other trans-
20
actions, and any other form of agreement available to
21
the Secretary consistent with the recommendations of
22
the Advisory Committee.
23
(7) R
EPORTS TO CONGRESS
.—The Secretary of
24
Transportation shall report to the Congress annually
25
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HR 6 EAS1S/PP
as to the status and results to date of the implementa-
1
tion of the research and development program plan.
2
The report shall include the activities of the Depart-
3
ments of Transportation and Energy, the national
4
laboratories, universities, and any other research or-
5
ganizations, including industry research organiza-
6
tions.
7
SEC. 771. PIPELINE INTEGRITY TECHNICAL ADVISORY COM-
8
MITTEE.
9
(a) E
STABLISHMENT
.—The Secretary of Transpor-
10
tation shall enter into appropriate arrangements with the
11
National Academy of Sciences to establish and manage the
12
Pipeline Integrity Technical Advisory Committee for the
13
purpose of advising the Secretary of Transportation and
14
the Secretary of Energy on the development and implemen-
15
tation of the 5-year research, development, and demonstra-
16
tion program plan under section 770(b)(5). The Advisory
17
Committee shall have an ongoing role in evaluating the
18
progress and results of the research, development, and dem-
19
onstration carried out under that section.
20
(b) M
EMBERSHIP
.—The National Academy of Sciences
21
shall appoint the members of the Pipeline Integrity Tech-
22
nical Advisory Committee after consultation with the Sec-
23
retary of Transportation and the Secretary of Energy.
24
Members appointed to the Advisory Committee should have
25
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HR 6 EAS1S/PP
the necessary qualifications to provide technical contribu-
1
tions to the purposes of the Advisory Committee.
2
SEC. 772. AUTHORIZATION OF APPROPRIATIONS.
3
(a)
G
AS
AND
H
AZARDOUS
L
IQUIDS
.—Section
4
60125(a) is amended to read as follows:
5
‘‘(a) G
AS AND
H
AZARDOUS
L
IQUID
.—To carry out
6
this chapter and other pipeline-related damage prevention
7
activities of this title (except for section 60107), there are
8
authorized to be appropriated to the Department of Trans-
9
portation—$30,000,000 for each of the fiscal years 2003,
10
2004, and 2005 of which $23,000,000 is to be derived from
11
user fees for fiscal years 2003, 2004, and 2005 collected
12
under section 60301 of this title.’’.
13
(b) G
RANTS TO
S
TATES
.—Section 60125(c) is amended
14
to read as follows:
15
‘‘(c) S
TATE
G
RANTS
.—Not more than the following
16
amounts may be appropriated to the Secretary to carry out
17
section 60107—$20,000,000 for the fiscal years 2003, 2004,
18
and 2005 of which $18,000,000 is to be derived from user
19
fees for fiscal years 2003, 2004, and 2005 collected under
20
section 60301 of this title.’’.
21
(c) O
IL
S
PILLS
.—Section 60125 is amended by redes-
22
ignating subsections (d), (e), and (f) as subsections (e), (f),
23
(g) and inserting after subsection (c) the following:
24
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HR 6 EAS1S/PP
‘‘(d) O
IL
S
PILL
L
IABILITY
T
RUST
F
UND
.—Of the
1
amounts available in the Oil Spill Liability Trust Fund,
2
$8,000,000 shall be transferred to the Secretary of Trans-
3
portation, as provided in appropriation Acts, to carry out
4
programs authorized in this title for each of fiscal years
5
2003, 2004, and 2005.’’.
6
(d) P
IPELINE
I
NTEGRITY
P
ROGRAM
.—(1) There are
7
authorized to be appropriated to the Secretary of Transpor-
8
tation for carrying out sections 770(b) and 771 of this sub-
9
title $3,000,000, to be derived from user fees under section
10
60301 of title 49, United States Code, for each of the fiscal
11
years 2003 through 2007.
12
(2) Of the amounts available in the Oil Spill Liability
13
Trust Fund established by section 9509 of the Internal Rev-
14
enue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be
15
transferred to the Secretary of Transportation, as provided
16
in appropriation Acts, to carry out programs for detection,
17
prevention and mitigation of oil spills under sections 770(b)
18
and 771 of this subtitle for each of the fiscal years 2003
19
through 2007.
20
(3) There are authorized to be appropriated to the Sec-
21
retary of Energy for carrying out sections 770(b) and 771
22
of this subtitle such sums as may be necessary for each of
23
the fiscal years 2003 through 2007.
24
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SEC. 773. OPERATOR ASSISTANCE IN INVESTIGATIONS.
1
(a) I
N
G
ENERAL
.—If the Department of Transpor-
2
tation or the National Transportation Safety Board inves-
3
tigate an accident, the operator involved shall make avail-
4
able to the representative of the Department or the Board
5
all records and information that in any way pertain to
6
the accident (including integrity management plans and
7
test results), and shall afford all reasonable assistance in
8
the investigation of the accident.
9
(b) C
ORRECTIVE
A
CTION
O
RDERS
.—Section 60112(d)
10
is amended—
11
(1) by inserting ‘‘(1)’’ after ‘‘C
ORRECTIVE
A
C
-
12
TION
O
RDERS
.—’’; and
13
(2) by adding at the end the following:
14
‘‘(2) If, in the case of a corrective action order issued
15
following an accident, the Secretary determines that the ac-
16
tions of an employee carrying out an activity regulated
17
under this chapter, including duties under section 60102(a),
18
may have contributed substantially to the cause of the acci-
19
dent, the Secretary shall direct the operator to relieve the
20
employee from performing those activities, reassign the em-
21
ployee, or place the employee on leave until the earlier of
22
the date on which—
23
‘‘(A) the Secretary determines, after notice and
24
an opportunity for a hearing, that the employee’s per-
25
formance of duty in carrying out the activity did not
26
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HR 6 EAS1S/PP
contribute substantially to the cause of the accident;
1
or
2
‘‘(B) the Secretary determines the employee has
3
been re-qualified or re-trained as provided for in sec-
4
tion 763 of the Pipeline Safety Improvement Act of
5
2003 and can safely perform those activities.
6
‘‘(3) Action taken by an operator under paragraph (2)
7
shall be in accordance with the terms and conditions of any
8
applicable collective bargaining agreement to the extent it
9
is not inconsistent with the requirements of this section.’’.
10
SEC. 774. PROTECTION OF EMPLOYEES PROVIDING PIPE-
11
LINE SAFETY INFORMATION.
12
(a) I
N
G
ENERAL
.—Chapter 601 is amended by adding
13
at the end the following:
14
‘‘§ 60129. Protection of employees providing pipeline
15
safety information
16
‘‘(a) D
ISCRIMINATION
A
GAINST
P
IPELINE
E
MPLOY
-
17
EES
.—No pipeline operator or contractor or subcontractor
18
of a pipeline may discharge an employee or otherwise dis-
19
criminate against an employee with respect to compensa-
20
tion, terms, conditions, or privileges of employment because
21
the employee (or any person acting pursuant to a request
22
of the employee)—
23
‘‘(1) provided, caused to be provided, or is about
24
to provide (with any knowledge of the employer) or
25
†
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HR 6 EAS1S/PP
cause to be provided to the employer or Federal Gov-
1
ernment information relating to any violation or al-
2
leged violation of any order, regulation, or standard
3
of the Research and Special Programs Administration
4
or any other provision of Federal law relating to
5
pipeline safety under this chapter or any other law
6
of the United States;
7
‘‘(2) has filed, caused to be filed, or is about to
8
file (with any knowledge of the employer) or cause to
9
be filed a proceeding relating to any violation or al-
10
leged violation of any order, regulation, or standard
11
of the Administration or any other provision of Fed-
12
eral law relating to pipeline safety under this chapter
13
or any other law of the United States;
14
‘‘(3) testified or is about to testify in such a pro-
15
ceeding; or
16
‘‘(4) assisted or participated or is about to assist
17
or participate in such a proceeding.
18
‘‘(b) D
EPARTMENT
OF
L
ABOR
C
OMPLAINT
P
ROCE
-
19
DURE
.—
20
‘‘(1) F
ILING AND NOTIFICATION
.—A person who
21
believes that he or she has been discharged or other-
22
wise discriminated against by any person in viola-
23
tion of subsection (a) may, not later than 90 days
24
after the date on which such violation occurs, file (or
25
†
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HR 6 EAS1S/PP
have any person file on his or her behalf) a complaint
1
with the Secretary of Labor alleging such discharge or
2
discrimination. Upon receipt of such a complaint, the
3
Secretary of Labor shall notify, in writing, the person
4
named in the complaint and the Administrator of the
5
Research and Special Programs Administration of the
6
filing of the complaint, of the allegations contained in
7
the complaint, of the substance of evidence supporting
8
the complaint, and of the opportunities that will be
9
afforded to such person under paragraph (2).
10
‘‘(2) I
NVESTIGATION
;
PRELIMINARY ORDER
.—
11
‘‘(A) I
N GENERAL
.—Not later than 60 days
12
after the date of receipt of a complaint filed
13
under paragraph (1) and after affording the per-
14
son named in the complaint an opportunity to
15
submit to the Secretary of Labor a written re-
16
sponse to the complaint and an opportunity to
17
meet with a representative of the Secretary to
18
present statements from witnesses, the Secretary
19
of Labor shall conduct an investigation and de-
20
termine whether there is reasonable cause to be-
21
lieve that the complaint has merit and notify in
22
writing the complainant and the person alleged
23
to have committed a violation of subsection (a)
24
of the Secretary’s findings. If the Secretary of
25
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HR 6 EAS1S/PP
Labor concludes that there is reasonable cause to
1
believe that a violation of subsection (a) has oc-
2
curred, the Secretary shall accompany the Sec-
3
retary’s findings with a preliminary order pro-
4
viding the relief prescribed by paragraph (3)(B).
5
Not later than 30 days after the date of notifica-
6
tion of findings under this paragraph, either the
7
person alleged to have committed the violation or
8
the complainant may file objections to the find-
9
ings or preliminary order, or both, and request
10
a hearing on the record. The filing of such objec-
11
tions shall not operate to stay any reinstatement
12
remedy contained in the preliminary order. Such
13
hearings shall be conducted expeditiously. If a
14
hearing is not requested in such 30-day period,
15
the preliminary order shall be deemed a final
16
order that is not subject to judicial review.
17
‘‘(B) R
EQUIREMENTS
.—
18
‘‘(i) R
EQUIRED
SHOWING
BY
COM
-
19
PLAINANT
.—The Secretary of Labor shall
20
dismiss a complaint filed under this sub-
21
section and shall not conduct an investiga-
22
tion otherwise required under subparagraph
23
(A) unless the complainant makes a prima
24
facie showing that any behavior described
25
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in paragraphs (1) through (4) of subsection
1
(a) was a contributing factor in the unfa-
2
vorable personnel action alleged in the com-
3
plaint.
4
‘‘(ii) S
HOWING
BY
EMPLOYER
.—Not-
5
withstanding a finding by the Secretary
6
that the complainant has made the showing
7
required under clause (i), no investigation
8
otherwise required under subparagraph (A)
9
shall be conducted if the employer dem-
10
onstrates, by clear and convincing evidence,
11
that the employer would have taken the
12
same unfavorable personnel action in the
13
absence of that behavior.
14
‘‘(iii) C
RITERIA FOR DETERMINATION
15
BY
S
ECRETARY
.—The Secretary may deter-
16
mine that a violation of subsection (a) has
17
occurred only if the complainant dem-
18
onstrates that any behavior described in
19
paragraphs (1) through (4) of subsection (a)
20
was a contributing factor in the unfavorable
21
personnel action alleged in the complaint.
22
‘‘(iv) P
ROHIBITION
.—Relief may not
23
be ordered under subparagraph (A) if the
24
employer demonstrates by clear and con-
25
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HR 6 EAS1S/PP
vincing evidence that the employer would
1
have taken the same unfavorable personnel
2
action in the absence of that behavior.
3
‘‘(3) F
INAL ORDER
.—
4
‘‘(A) D
EADLINE
FOR
ISSUANCE
;
SETTLE
-
5
MENT AGREEMENTS
.—Not later than 120 days
6
after the date of conclusion of a hearing under
7
paragraph (2), the Secretary of Labor shall issue
8
a final order providing the relief prescribed by
9
this paragraph or denying the complaint. At any
10
time before issuance of a final order, a pro-
11
ceeding under this subsection may be terminated
12
on the basis of a settlement agreement entered
13
into by the Secretary of Labor, the complainant,
14
and the person alleged to have committed the
15
violation.
16
‘‘(B) R
EMEDY
.—If, in response to a com-
17
plaint filed under paragraph (1), the Secretary
18
of Labor determines that a violation of sub-
19
section (a) has occurred, the Secretary of Labor
20
shall order the person who committed such viola-
21
tion to—
22
‘‘(i) take affirmative action to abate
23
the violation;
24
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HR 6 EAS1S/PP
‘‘(ii) reinstate the complainant to his
1
or her former position together with the
2
compensation (including back pay) and re-
3
store the terms, conditions, and privileges
4
associated with his or her employment; and
5
‘‘(iii) provide compensatory damages
6
to the complainant.
7
If such an order is issued under this paragraph,
8
the Secretary of Labor, at the request of the com-
9
plainant, shall assess against the person whom
10
the order is issued a sum equal to the aggregate
11
amount of all costs and expenses (including at-
12
torney’s and expert witness fees) reasonably in-
13
curred, as determined by the Secretary of Labor,
14
by the complainant for, or in connection with,
15
the bringing the complaint upon which the order
16
was issued.
17
‘‘(C) F
RIVOLOUS COMPLAINTS
.—If the Sec-
18
retary of Labor finds that a complaint under
19
paragraph (1) is frivolous or has been brought in
20
bad faith, the Secretary of Labor may award to
21
the prevailing employer a reasonable attorney’s
22
fee not exceeding $1,000.
23
‘‘(4) R
EVIEW
.—
24
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HR 6 EAS1S/PP
‘‘(A) A
PPEAL TO COURT OF APPEALS
.—Any
1
person adversely affected or aggrieved by an
2
order issued under paragraph (3) may obtain re-
3
view of the order in the United States Court of
4
Appeals for the circuit in which the violation,
5
with respect to which the order was issued, alleg-
6
edly occurred or the circuit in which the com-
7
plainant resided on the date of such violation.
8
The petition for review must be filed not later
9
than 60 days after the date of issuance of the
10
final order of the Secretary of Labor. Review
11
shall conform to chapter 7 of title 5, United
12
States Code. The commencement of proceedings
13
under this subparagraph shall not, unless or-
14
dered by the court, operate as a stay of the order.
15
‘‘(B) L
IMITATION
ON
COLLATERAL
AT
-
16
TACK
.—An order of the Secretary of Labor with
17
respect to which review could have been obtained
18
under subparagraph (A) shall not be subject to
19
judicial review in any criminal or other civil
20
proceeding.
21
‘‘(5) E
NFORCEMENT OF ORDER BY SECRETARY
22
OF LABOR
.—Whenever any person has failed to com-
23
ply with an order issued under paragraph (3), the
24
Secretary of Labor may file a civil action in the
25
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United States district court for the district in which
1
the violation was found to occur to enforce such order.
2
In actions brought under this paragraph, the district
3
courts shall have jurisdiction to grant all appropriate
4
relief, including, but not to be limited to, injunctive
5
relief and compensatory damages.
6
‘‘(6) E
NFORCEMENT OF ORDER BY PARTIES
.—
7
‘‘(A) C
OMMENCEMENT OF ACTION
.—A per-
8
son on whose behalf an order was issued under
9
paragraph (3) may commence a civil action
10
against the person to whom such order was
11
issued to require compliance with such order.
12
The appropriate United States district court
13
shall have jurisdiction, without regard to the
14
amount in controversy or the citizenship of the
15
parties, to enforce such order.
16
‘‘(B) A
TTORNEY
FEES
.—The court, in
17
issuing any final order under this paragraph,
18
may award costs of litigation (including reason-
19
able attorney and expert witness fees) to any
20
party whenever the court determines such award
21
costs is appropriate.
22
‘‘(c) M
ANDAMUS
.—Any nondiscretionary duty im-
23
posed by this section shall be enforceable in a mandamus
24
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proceeding brought under section 1361 of title 28, United
1
States Code.
2
‘‘(d) N
ONAPPLICABILITY
T
O
D
ELIBERATE
V
IOLA
-
3
TIONS
.—Subsection (a) shall not apply with respect to an
4
employee of a pipeline, contractor or subcontractor who,
5
acting without direction from the pipeline contractor or
6
subcontractor (or such person’s agent), deliberately causes
7
a violation of any requirement relating to pipeline safety
8
under this chapter or any other law of the United States.
9
‘‘(e) C
ONTRACTOR
D
EFINED
.—In this section, the term
10
‘contractor’ means a company that performs safety-sensitive
11
functions by contract for a pipeline.’’.
12
(b) C
IVIL
P
ENALTY
.—Section 60122(a) is amended by
13
adding at the end the following:
14
‘‘(3) A person violating section 60129, or an order
15
issued thereunder, is liable to the Government for a civil
16
penalty of not more than $1,000 for each violation. The
17
penalties provided by paragraph (1) do not apply to a vio-
18
lation of section 60129 or an order issued thereunder.’’.
19
(c) C
ONFORMING
A
MENDMENT
.—The chapter analysis
20
for chapter 601 is amended by adding at the end the fol-
21
lowing:
22
‘‘60129. Protection of employees providing pipeline safety information.’’.
SEC. 775. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
23
Within 90 days after receiving recommendations for
24
improvements to pipeline safety from an advisory com-
25
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HR 6 EAS1S/PP
mittee appointed by the Governor of any State, the Sec-
1
retary of Transportation shall respond in writing to the
2
committee setting forth what action, if any, the Secretary
3
will take on those recommendations and the Secretary’s rea-
4
sons for acting or not acting upon any of the recommenda-
5
tions.
6
SEC. 776. FINES AND PENALTIES.
7
The Inspector General of the Department of Transpor-
8
tation shall conduct an analysis of the Department’s assess-
9
ment of fines and penalties on gas transmission and haz-
10
ardous liquid pipelines, including the cost of corrective ac-
11
tions required by the Department in lieu of fines, and, no
12
later than 6 months after the date of enactment of this Act,
13
shall provide a report to the Senate Committee on Com-
14
merce, Science, and Transportation and the House Com-
15
mittee on Transportation and Infrastructure on any find-
16
ings and recommendations for actions by the Secretary or
17
Congress to ensure the fines assessed are an effective deter-
18
rent for reducing safety risks.
19
SEC. 777. STUDY OF RIGHTS-OF-WAY.
20
The Secretary of Transportation is authorized to con-
21
duct a study on how best to preserve environmental re-
22
sources in conjunction with maintaining pipeline rights-
23
of-way. The study shall recognize pipeline operators’ regu-
24
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HR 6 EAS1S/PP
latory obligations to maintain rights-of-way and to protect
1
public safety.
2
SEC. 778. STUDY OF NATURAL GAS RESERVE.
3
(a) F
INDINGS
.—Congress finds that:
4
(1) In the last few months, natural gas prices
5
across the country have tripled.
6
(2) In California, natural gas prices have in-
7
creased twenty-fold, from $3 per million British ther-
8
mal units to nearly $60 per million British thermal
9
units.
10
(3) One of the major causes of these price in-
11
creases is a lack of supply, including a lack of nat-
12
ural gas reserves.
13
(4) The lack of a reserve was compounded by the
14
rupture of an El Paso Natural Gas Company pipe-
15
line in Carlsbad, New Mexico on August 1, 2000.
16
(5) Improving pipeline safety will help prevent
17
similar accidents that interrupt the supply of natural
18
gas and will help save lives.
19
(6) It is also necessary to find solutions for the
20
lack of natural gas reserves that could be used during
21
emergencies.
22
(b) S
TUDY
BY
THE
N
ATIONAL
A
CADEMY
OF
23
S
CIENCES
.—The Secretary of Energy shall request the Na-
24
tional Academy of Sciences to—
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(1) conduct a study to—
1
(A) determine the causes of recent increases
2
in the price of natural gas, including whether
3
the increases have been caused by problems with
4
the supply of natural gas or by problems with
5
the natural gas transmission system;
6
(B) identify any Federal or State policies
7
that may have contributed to the price increases;
8
and
9
(C) determine what Federal action would be
10
necessary to improve the reserve supply of nat-
11
ural gas for use in situations of natural gas
12
shortages and price increases, including deter-
13
mining the feasibility and advisability of a Fed-
14
eral strategic natural gas reserve system; and
15
(2) not later than 60 days after the date of en-
16
actment of this Act, submit to Congress a report on
17
the results of the study.
18
SEC. 779. STUDY AND REPORT ON NATURAL GAS PIPELINE
19
AND STORAGE FACILITIES IN NEW ENGLAND.
20
(a) S
TUDY
.—The Federal Energy Regulatory Commis-
21
sion, in consultation with the Department of Energy, shall
22
conduct a study on the natural gas pipeline transmission
23
network in New England and natural gas storage facilities
24
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associated with that network. In carrying out the study,
1
the Commission shall consider—
2
(1) the ability of natural gas pipeline and stor-
3
age facilities in New England to meet current and
4
projected demand by gas-fired power generation
5
plants and other consumers;
6
(2) capacity constraints during unusual weather
7
periods;
8
(3) potential constraint points in regional, inter-
9
state, and international pipeline capacity serving
10
New England; and
11
(4) the quality and efficiency of the Federal envi-
12
ronmental review and permitting process for natural
13
gas pipelines.
14
(b) R
EPORT
.—Not later than 120 days after the date
15
of the enactment of this Act, the Federal Energy Regulatory
16
Commission shall prepare and submit to the Senate Com-
17
mittee on Energy and Natural Resources and the appro-
18
priate committee of the House of Representatives a report
19
containing the results of the study conducted under sub-
20
section (a), including recommendations for addressing po-
21
tential natural gas transmission and storage capacity prob-
22
lems in New England.
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