Text: H.R.3609 — 107th Congress (2001-2002)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 107-355 (12/17/2002)

 
[107th Congress Public Law 355]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ355.107]


[[Page 116 STAT. 2985]]

Public Law 107-355
107th Congress

                                 An Act


 
   To amend title 49, United States Code, to enhance the security and 
      safety of pipelines. <<NOTE: Dec. 17, 2002 -  [H.R. 3609]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Pipeline Safety Improvement 
Act of 2002.>> assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE.

    (a) Short <<NOTE: 49 USC 60101 note.>> Title.--This Act may be cited 
as the ``Pipeline Safety Improvement Act of 2002''.

    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

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

[[Page 116 STAT. 2986]]

non-profit organization specifically established for the purpose of 
reducing construction-related damage to underground facilities.
    ``(c) Grants.--
            ``(1) In general.--The Secretary may make grants to a non-
        profit organization described in subsection (b).
            ``(2) Authorization of appropriations.--In addition to 
        amounts authorized under section 6107, there is authorized to be 
        appropriated for making grants under this subsection $500,000 
        for each of fiscal years 2003 through 2006. Such sums shall 
        remain available until expended.
            ``(3) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301.''.
            (2) Conforming amendment.--The analysis for chapter 61 is 
        amended by striking the item relating to section 6105 and 
        inserting the following:

``6105. Implementation of best practices guidelines.''.

    (d) Authorization of Appropriations.--
            (1) For grants for states.--Section 6107(a) is amended by 
        striking ``$1,000,000 for fiscal year 2000'' and all that 
        follows before the period at the end of the first sentence and 
        inserting ``$1,000,000 for each of fiscal years 2003 through 
        2006''.
            (2) For administration.--Section 6107(b) is amended by 
        striking ``for fiscal years 1999, 2000, and 2001'' and inserting 
        ``for fiscal years 2003 through 2006''.

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. STATE OVERSIGHT ROLE.

    (a) State Agreements With Certification.--Section 60106 is amended--
            (1) in subsection (a) by striking ``General Authority.--'' 
        and inserting ``Agreements Without Certification.--'';

[[Page 116 STAT. 2987]]

            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (3) by inserting after subsection (a) the following:

    ``(b) Agreements With Certification.--
            ``(1) In general.--If the Secretary accepts a certification 
        under section 60105 and makes the determination required under 
        this subsection, the Secretary may make an agreement with a 
        State authority authorizing it to participate in the oversight 
        of interstate pipeline transportation. Each such agreement shall 
        include a plan for the State authority to participate in special 
        investigations involving incidents or new construction and allow 
        the State authority to participate in other activities 
        overseeing interstate pipeline transportation or to assume 
        additional inspection or investigatory duties. Nothing in this 
        section modifies section 60104(c) or authorizes the Secretary to 
        delegate the enforcement of safety standards for interstate 
        pipeline facilities prescribed under this chapter to a State 
        authority.
            ``(2) Determinations required.--The Secretary may not enter 
        into an agreement under this subsection, unless the Secretary 
        determines in writing that--
                    ``(A) the agreement allowing participation of the 
                State authority is consistent with the Secretary's 
                program for inspection and consistent with the safety 
                policies and provisions provided under this chapter;
                    ``(B) the interstate participation agreement would 
                not adversely affect the oversight responsibilities of 
                intrastate pipeline transportation by the State 
                authority;
                    ``(C) the State is carrying out a program 
                demonstrated to promote preparedness and risk prevention 
                activities that enable communities to live safely with 
                pipelines;
                    ``(D) the State meets the minimum standards for 
                State one-call notification set forth in chapter 61; and
                    ``(E) the actions planned under the agreement would 
                not impede interstate commerce or jeopardize public 
                safety.
            ``(3) Existing agreements.--If requested by the State 
        authority, the Secretary shall authorize a State authority which 
        had an interstate agreement in effect after January 31, 1999, to 
        oversee interstate pipeline transportation pursuant to the terms 
        of that agreement until the Secretary determines that the State 
        meets the requirements of paragraph (2) and executes a new 
        agreement, or until December 31, 2003, whichever is sooner. 
        Nothing in this paragraph shall prevent the Secretary, after 
        affording the State notice, hearing, and an opportunity to 
        correct any alleged deficiencies, from terminating an agreement 
        that was in effect before enactment of the Pipeline Safety 
        Improvement Act of 2002 if--
                    ``(A) the State authority fails to comply with the 
                terms of the agreement;
                    ``(B) implementation of the agreement has resulted 
                in a gap in the oversight responsibilities of intrastate 
                pipeline transportation by the State authority; or
                    ``(C) continued participation by the State authority 
                in the oversight of interstate pipeline transportation 
                has had an adverse impact on pipeline safety.''.

    (b) Ending Agreements.--Subsection (e) of section 60106 (as 
redesignated by subsection (a)(2) of this section) is amended to read as 
follows:

[[Page 116 STAT. 2988]]

    ``(e) Ending Agreements.--
            ``(1) Permissive termination.--The Secretary may end an 
        agreement under this section when the Secretary finds that the 
        State authority has not complied with any provision of the 
        agreement.
            ``(2) Mandatory termination of agreement.--The Secretary 
        shall end an agreement for the oversight of interstate pipeline 
        transportation if the Secretary finds that--
                    ``(A) implementation of such agreement has resulted 
                in a gap in the oversight responsibilities of intrastate 
                pipeline transportation by the State authority;
                    ``(B) the State actions under the agreement have 
                failed to meet the requirements under subsection (b); or
                    ``(C) continued participation by the State authority 
                in the oversight of interstate pipeline transportation 
                would not promote pipeline safety.
            ``(3) Procedural <<NOTE: Notice.>> requirements.--The 
        Secretary shall give notice and an opportunity for a hearing to 
        a State authority before ending an agreement under this section. 
        The Secretary may provide a State an opportunity to correct any 
        deficiencies before ending an agreement. <<NOTE: Federal 
        Register, publication.>> The finding and decision to end the 
        agreement shall be published in the Federal Register and may not 
        become effective for at least 15 days after the date of 
        publication unless the Secretary finds that continuation of an 
        agreement poses an imminent hazard.''.

    (c) Secretary's Response to State Notices of Violations.--Subsection 
(c) of section 60106 (as redesignated by subsection (a)(2) of this 
section) is amended--
            (1) by striking ``Each agreement'' and inserting the 
        following:
            ``(1) In general.--Each agreement'';
            (2) by adding at the end the following:
            ``(2) Response <<NOTE: Deadline.>> by secretary.--If a State 
        authority notifies the Secretary under paragraph (1) of a 
        violation or probable violation of an applicable safety 
        standard, the Secretary, not later than 60 days after the date 
        of receipt of the notification, shall--
                    ``(A) issue an order under section 60118(b) or take 
                other appropriate enforcement actions to ensure 
                compliance with this chapter; or
                    ``(B) provide the State authority with a written 
                explanation as to why the Secretary has determined not 
                to take such actions.''; and
            (3) by aligning the text of paragraph (1) (as designated by 
        this subsection) with paragraph (2) (as added by this 
        subsection).

SEC. 5. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended to read as follows:

``Sec. 60116. Public education programs

    ``(a) In General.--Each owner or operator of a gas or hazardous 
liquid pipeline facility shall carry out a continuing program to educate 
the public on the use of a one-call notification system prior to 
excavation and other damage prevention activities, the possible hazards 
associated with unintended releases from the pipeline facility, the 
physical indications that such a release may have

[[Page 116 STAT. 2989]]

occurred, what steps should be taken for public safety in the event of a 
pipeline release, and how to report such an event.
    ``(b) Modification <<NOTE: Deadline.>> of Existing Programs.--Not 
later than 12 months after the date of enactment of the Pipeline Safety 
Improvement Act of 2002, each owner or operator of a gas or hazardous 
liquid pipeline facility shall review its existing public education 
program for effectiveness and modify the program as necessary. The 
completed program shall include activities to advise affected 
municipalities, school districts, businesses, and residents of pipeline 
facility locations. The completed program shall be submitted to the 
Secretary or, in the case of an intrastate pipeline facility operator, 
the appropriate State agency, and shall be periodically reviewed by the 
Secretary or, in the case of an intrastate pipeline facility operator, 
the appropriate State agency.

    ``(c) Standards.--The Secretary may issue standards prescribing the 
elements of an effective public education program. The Secretary may 
also develop material for use in the program.''.

SEC. 6. 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) In general.--No employer may discharge any employee or 
        otherwise discriminate against any employee with respect to his 
        compensation, terms, conditions, or privileges of employment 
        because the employee (or any person acting pursuant to a request 
        of the employee)--
                    ``(A) provided, caused to be provided, or is about 
                to provide or cause to be provided, to the employer or 
                the Federal Government information relating to any 
                violation or alleged violation of any order, regulation, 
                or standard under this chapter or any other Federal law 
                relating to pipeline safety;
                    ``(B) refused to engage in any practice made 
                unlawful by this chapter or any other Federal law 
                relating to pipeline safety, if the employee has 
                identified the alleged illegality to the employer;
                    ``(C) provided, caused to be provided, or is about 
                to provide or cause to be provided, testimony before 
                Congress or at any Federal or State proceeding regarding 
                any provision (or proposed provision) of this chapter or 
                any other Federal law relating to pipeline safety;
                    ``(D) commenced, caused to be commenced, or is about 
                to commence or cause to be commenced a proceeding under 
                this chapter or any other Federal law relating to 
                pipeline safety, or a proceeding for the administration 
                or enforcement of any requirement imposed under this 
                chapter or any other Federal law relating to pipeline 
                safety;
                    ``(E) provided, caused to be provided, or is about 
                to provide or cause to be provided, testimony in any 
                proceeding described in subparagraph (D); or
                    ``(F) assisted or participated or is about to assist 
                or participate in any manner in such a proceeding or in 
                any

[[Page 116 STAT. 2990]]

                other manner in such a proceeding or in any other action 
                to carry out the purposes of this chapter or any other 
                Federal law relating to pipeline safety.
            ``(2) Employer defined.--In this section, the term 
        `employer' means--
                    ``(A) a person owning or operating a pipeline 
                facility; or
                    ``(B) a contractor or subcontractor of such a 
                person.

    ``(b) Department <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> general.--Not later 
                than 60 days after the date of receipt of a complaint 
                filed under paragraph (1) and after affording the person 
                or persons named in the complaint an opportunity to 
                submit to the Secretary of Labor a written response to 
                the complaint and an opportunity to meet with a 
                representative of the Secretary of Labor to present 
                statements from witnesses, the Secretary of Labor shall 
                conduct an investigation and determine whether there is 
                reasonable cause to believe that the complaint has merit 
                and notify in writing the complainant and the person or 
                persons alleged to have committed a violation of 
                subsection (a) of the Secretary of Labor's findings. If 
                the Secretary of Labor concludes that there is 
                reasonable cause to believe that a violation of 
                subsection (a) has occurred, the Secretary of Labor 
                shall include with the Secretary of Labor's findings 
                with a preliminary order providing the relief prescribed 
                by paragraph (3)(B). Not later than 60 days after the 
                date of notification of findings under this 
                subparagraph, any person alleged to have committed a 
                violation or the complainant may file objections to the 
                findings or preliminary order, or both, and request a 
                hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 60-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                          ``(i) Required showing by complainant.--The 
                      Secretary of Labor shall dismiss a complaint filed 
                      under this subsection and shall not conduct an 
                      investigation otherwise required under 
                      subparagraph (A) unless the complainant makes a 
                      prima facie showing that any behavior described in 
                      subsection (a) was a

[[Page 116 STAT. 2991]]

                      contributing factor in the unfavorable personnel 
                      action alleged in the complaint.
                          ``(ii) Showing by employer.--Notwithstanding a 
                      finding by the Secretary of Labor that the 
                      complainant has made the showing required under 
                      clause (i), no investigation otherwise required 
                      under subparagraph (A) shall be conducted if the 
                      employer demonstrates, by clear and convincing 
                      evidence, that the employer would have taken the 
                      same unfavorable personnel action in the absence 
                      of that behavior.
                          ``(iii) Criteria for determination by 
                      Secretary.--The Secretary of Labor may determine 
                      that a violation of subsection (a) has occurred 
                      only if the complainant demonstrates that any 
                      behavior described in subsection (a) was a 
                      contributing factor in the unfavorable personnel 
                      action alleged in the complaint.
                          ``(iv) Prohibition.--Relief may not be ordered 
                      under subparagraph (A) if the employer 
                      demonstrates by clear and convincing evidence that 
                      the employer would have taken the same unfavorable 
                      personnel action in the absence of that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 90 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary of Labor shall issue a final order providing 
                the relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final order, 
                a proceeding under this subsection may be terminated on 
                the basis of a settlement agreement entered into by the 
                Secretary of Labor, the complainant, and the person or 
                persons alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary of Labor determines 
                that a violation of subsection (a) has occurred, the 
                Secretary of Labor shall order the person or persons who 
                committed such violation to--
                          ``(i) take affirmative action to abate the 
                      violation;
                          ``(ii) reinstate the complainant to his or her 
                      former position together with the compensation 
                      (including back pay) and restore the terms, 
                      conditions, and privileges associated with his or 
                      her employment; and
                          ``(iii) provide compensatory damages to the 
                      complainant.
                If such an order is issued under this paragraph, the 
                Secretary of Labor, at the request of the complainant, 
                shall assess against the person or persons against whom 
                the order is issued a sum equal to the aggregate amount 
                of all costs and expenses (including attorney's and 
                expert witness fees) reasonably incurred, as determined 
                by the Secretary of Labor, by the complainant for, or in 
                connection with, the bringing the complaint upon which 
                the order was issued.
                    ``(C) Frivolous complaints.--If the Secretary of 
                Labor finds that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary of Labor

[[Page 116 STAT. 2992]]

                may award to the prevailing employer a reasonable 
                attorney's fee not exceeding $1,000.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued under 
                paragraph (3) may obtain review of the order in the 
                United States Court of Appeals for the circuit in which 
                the violation, with respect to which the order was 
                issued, allegedly occurred or the circuit in which the 
                complainant resided on the date of such violation. The 
                petition for review must be filed not later than 60 days 
                after the date of issuance of the final order of the 
                Secretary of Labor. Review shall conform to chapter 7 of 
                title 5, United States Code. The commencement of 
                proceedings under this subparagraph shall not, unless 
                ordered by the court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary of Labor with respect to which review 
                could have been obtained under subparagraph (A) shall 
                not be subject to judicial review in any criminal or 
                other civil proceeding.
            ``(5) Enforcement of order by secretary of labor.--Whenever 
        any person has failed to comply with an order issued under 
        paragraph (3), the Secretary of Labor may file a civil action in 
        the United States district court for the district in which the 
        violation was found to occur to enforce such order. In actions 
        brought under this paragraph, the district courts shall have 
        jurisdiction to grant all appropriate relief, including, but not 
        to be limited to, injunctive relief and compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person or persons to 
                whom such order was issued to require compliance with 
                such order. The appropriate United States district court 
                shall have jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court determines 
                such award of costs is appropriate.

    ``(c) Mandamus.--Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought under section 1361 
of title 28, United States Code.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an action of an employee of an employer 
who, acting without direction from the employer (or such employer's 
agent), deliberately causes a violation of any requirement relating to 
pipeline safety under this chapter or any other law of the United 
States.''.
    (b) Civil Penalty.--Section 60122(a) is amended by adding at the end 
the following:
    ``(3) A person violating section 60129, or an order issued 
thereunder, is liable to the Government for a civil penalty of not more

[[Page 116 STAT. 2993]]

than $1,000 for each violation. The penalties provided by paragraph (1) 
do not apply to a violation of section 60129 or an order issued 
thereunder.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60129. Protection of employees providing pipeline safety 
           information.''.

SEC. 7. SAFETY ORDERS.

    Section 60117 is amended by adding at the end the following:
    ``(l) Safety Orders.--If the Secretary decides that a pipeline 
facility has a potential safety-related condition, the Secretary may 
order the operator of the facility to take necessary corrective action, 
including physical inspection, testing, repair, replacement, or other 
appropriate action to remedy the safety-related condition.''.

SEC. 8. PENALTIES.

    (a) Pipeline Facilities Hazardous to Life, Property, or the 
Environment.--
            (1) General authority.--Section 60112(a) is amended to read 
        as follows:

    ``(a) General Authority.--After notice and an opportunity for a 
hearing, the Secretary of Transportation may decide that a pipeline 
facility is hazardous if the Secretary decides that--
            ``(1) operation of the facility is or would be hazardous to 
        life, property, or the environment; or
            ``(2) the facility is or would be constructed or operated, 
        or a component of the facility is or would be constructed or 
        operated, with equipment, material, or a technique that the 
        Secretary decides is hazardous to life, property, or the 
        environment.''.
            (2) Corrective action orders.--Section 60112(d) is amended 
        by striking ``is hazardous'' and inserting ``is or would be 
        hazardous''.

    (b) Enforcement.--
            (1) General penalties.--Section 60122(a)(1) is amended--
                    (A) by striking ``$25,000'' and inserting 
                ``$100,000''; and
                    (B) by striking ``$500,000'' and inserting 
                ``$1,000,000''.
            (2) Penalty considerations.--Section 60122(b) is amended by 
        striking ``under this section'' and all that follows through 
        paragraph (4) and inserting ``under this section--
            ``(1) the Secretary shall consider--
                    ``(A) the nature, circumstances, and gravity of the 
                violation, including adverse impact on the environment;
                    ``(B) with respect to the violator, the degree of 
                culpability, any history of prior violations, the 
                ability to pay, and any effect on ability to continue 
                doing business; and
                    ``(C) good faith in attempting to comply; and
            ``(2) the Secretary may consider--
                    ``(A) the economic benefit gained from the violation 
                without any reduction because of subsequent damages; and
                    ``(B) other matters that justice requires.''.
            (3) Civil actions.--Section 60120(a) is amended--
                    (A) by striking ``(a) Civil Actions.--(1)'' and all 
                that follows through ``(2) At the request'' and 
                inserting the following:

    ``(a) Civil Actions.--

[[Page 116 STAT. 2994]]

            ``(1) Civil actions to enforce this chapter.--At the request 
        of the Secretary of Transportation, the Attorney General may 
        bring a civil action in an appropriate district court of the 
        United States to enforce this chapter, including section 60112, 
        or a regulation prescribed or order issued under this chapter. 
        The court may award appropriate relief, including a temporary or 
        permanent injunction, punitive damages, and assessment of civil 
        penalties, considering the same factors as prescribed for the 
        Secretary in an administrative case under section 60122.
            ``(2) Civil actions to require compliance with subpoenas or 
        allow for inspections.--At the request''; and
                    (B) by aligning the remainder of the text of 
                paragraph (2) with the text of paragraph (1).

    (c) Criminal Penalties for Damaging or Destroying a Facility.--
Section 60123(b) is amended--
            (1) by striking ``or'' after ``gas pipeline facility'' and 
        inserting ``, an''; and
            (2) by inserting after ``liquid pipeline facility'' the 
        following: ``, or either an intrastate gas pipeline facility or 
        intrastate hazardous liquid pipeline facility that is used in 
        interstate or foreign commerce or in any activity affecting 
        interstate or foreign commerce''.

    (d) Comptroller <<NOTE: 49 USC 60122 note.>> General Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the actions, policies, and procedures of the Secretary 
        of Transportation for assessing and collecting fines and 
        penalties on operators of hazardous liquid and gas transmission 
        pipelines.
            (2) Analysis.--In conducting the study, the Comptroller 
        General shall examine, at a minimum, the following:
                    (A) The frequency with which the Secretary has 
                substituted corrective orders for fines and penalties.
                    (B) Changes in the amounts of fines recommended by 
                safety inspectors, assessed by the Secretary, and 
                actually collected.
                    (C) An evaluation of the overall effectiveness of 
                the Secretary's enforcement strategy.
                    (D) The extent to which the Secretary has complied 
                with the report of the Government Accounting Office 
                entitled ``Pipeline Safety: The Office of Pipeline 
                Safety is Changing How it Oversees the Pipeline 
                Industry''.

    (3) Report.--Not <<NOTE: Deadline.>> later than 1 year after the 
date of enactment of this Act, the Comptroller General shall transmit to 
the Committee on Commerce, Science, and Transportation of the Senate and 
the Committees on Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives a report on the results of the 
study.

SEC. 9. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

    (a) In General.--Chapter 601 is further amended by adding at the end 
the following:

``Sec. 60130. Pipeline safety information grants to communities

    ``(a) Grant Authority.--
            ``(1) In general.--The Secretary of Transportation may make 
        grants for technical assistance to local communities and

[[Page 116 STAT. 2995]]

        groups of individuals (not including for-profit entities) 
        relating to the safety of pipeline facilities in local 
        communities, other than facilities regulated under Public Law 
        93-153 (43 U.S.C. 1651 et seq.). <<NOTE: Procedures.>> The 
        Secretary shall establish competitive procedures for awarding 
        grants under this section and criteria for selecting grant 
        recipients. The amount of any grant under this section may not 
        exceed $50,000 for a single grant recipient. The Secretary shall 
        establish appropriate procedures to ensure the proper use of 
        funds provided under this section.
            ``(2) Technical assistance defined.--In this subsection, the 
        term `technical assistance' means engineering and other 
        scientific analysis of pipeline safety issues, including the 
        promotion of public participation in official proceedings 
        conducted under this chapter.

    ``(b) Prohibited Uses.--Funds provided under this section may not be 
used for lobbying or in direct support of litigation.
    ``(c) Annual Report.--
            ``(1) In <<NOTE: Deadline.>> general.--Not later than 90 
        days after the last day of each fiscal year for which grants are 
        made by the Secretary under this section, the Secretary shall 
        report to the Committees on Commerce, Science, and 
        Transportation and Energy and Natural Resources of the Senate 
        and the Committees on Transportation and Infrastructure and 
        Energy and Commerce of the House of Representatives on grants 
        made under this section in the preceding fiscal year.
            ``(2) Contents.--The report shall include--
                    ``(A) a listing of the identity and location of each 
                recipient of a grant under this section in the preceding 
                fiscal year and the amount received by the recipient;
                    ``(B) a description of the purpose for which each 
                grant was made; and
                    ``(C) a description of how each grant was used by 
                the recipient.

    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation for carrying out this 
section $1,000,000 for each of the fiscal years 2003 through 2006. Such 
amounts shall not be derived from user fees collected under section 
60301.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:

``60130. Pipeline safety information grants to communities.''.

SEC. 10. OPERATOR ASSISTANCE IN INVESTIGATIONS.

    (a) In General.--Section 60118 is amended by adding at the end the 
following:
    ``(e) Operator Assistance in Investigations.--If the Secretary or 
the National Transportation Safety Board investigate an accident 
involving a pipeline facility, the operator of the facility shall make 
available to the Secretary or the Board all records and information that 
in any way pertain to the accident (including integrity management plans 
and test results), and shall afford all reasonable assistance in the 
investigation of the accident.''.
    (b) Corrective Action Orders.--Section 60112(d) is amended--
            (1) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) In general.--If the Secretary'';

[[Page 116 STAT. 2996]]

            (2) by adding the end the following:
            ``(2) Actions attributable to an employee.--If, in the case 
        of a corrective action order issued following an accident, the 
        Secretary determines that the actions of an employee carrying 
        out an activity regulated under this chapter, including duties 
        under section 60102(a), may have contributed substantially to 
        the cause of the accident, the Secretary shall direct the 
        operator to relieve the employee from performing those 
        activities, reassign the employee, or place the employee on 
        leave until the earlier of the date on which--
                    ``(A) the Secretary, after notice and an opportunity 
                for a hearing, determines that the employee's actions 
                did not contribute substantially to the cause of the 
                accident; or
                    ``(B) the Secretary determines the employee has been 
                re-qualified or re-trained as provided for in section 
                60131 and can safely perform those activities.
            ``(3) Effect of collective bargaining agreements.--An action 
        taken by an operator under paragraph (2) shall be in accordance 
        with the terms and conditions of any applicable collective 
        bargaining agreement.''; and
            (3) by aligning the remainder of the text of paragraph (1) 
        (as designated by paragraph (1) of this subsection) with 
        paragraph (2) (as added by paragraph (2) of this subsection).

    (c) Limitation on Statutory Construction.--Section 60118 is amended 
by adding at the end the following:
    ``(f) Limitation on Statutory Construction.--Nothing in this section 
may be construed to infringe upon the constitutional rights of an 
operator or its employees.''.

SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY.

    (a) In General.--Section 60127 is amended to read as follows:

``Sec. 60127. Population encroachment and rights-of-way

    ``(a) Study.--The Secretary of Transportation, in conjunction with 
the Federal Energy Regulatory Commission and in consultation with 
appropriate Federal agencies and State and local governments, shall 
undertake a study of land use practices, zoning ordinances, and 
preservation of environmental resources with regard to pipeline rights-
of-way and their maintenance.
    ``(b) Purpose of Study.--The purpose of the study shall be to gather 
information on land use practices, zoning ordinances, and preservation 
of environmental resources--
            ``(1) to determine effective practices to limit encroachment 
        on existing pipeline rights-of-way;
            ``(2) to address and prevent the hazards and risks to the 
        public, pipeline workers, and the environment associated with 
        encroachment on pipeline rights-of-way;
            ``(3) to raise the awareness of the risks and hazards of 
        encroachment on pipeline rights-of-way; and
            ``(4) to address how to best preserve environmental 
        resources in conjunction with maintaining pipeline rights-of-
        way, recognizing pipeline operators' regulatory obligations to 
        maintain rights-of-way and to protect public safety.

    ``(c) Considerations.--In conducting the study, the Secretary shall 
consider, at a minimum, the following:

[[Page 116 STAT. 2997]]

            ``(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 <<NOTE: Deadline. Publication.>> general.--Not 
        later than 1 year after the date of enactment of this 
        subsection, the Secretary shall publish a report identifying 
        practices, laws, and ordinances that are most successful in 
        addressing issues of encroachment and maintenance on pipeline 
        rights-of-way so as to more effectively protect public safety, 
        pipeline workers, and the environment.
            ``(2) Distribution of report.--The Secretary shall provide a 
        copy of the report to--
                    ``(A) Congress and appropriate Federal agencies; and
                    ``(B) States for further distribution to appropriate 
                local authorities.
            ``(3) Adoption of practices, laws, and ordinances.--The 
        Secretary shall encourage Federal agencies and State and local 
        governments to adopt and implement appropriate practices, laws, 
        and ordinances, as identified in the report, to address the 
        risks and hazards associated with encroachment upon pipeline 
        rights-of-way and to address the potential methods of preserving 
        environmental resources while maintaining pipeline rights-of-
        way, consistent with pipeline safety.''.

    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60127 and inserting the 
following:

``60127. Population encroachment and rights-of-way.''.

SEC. 12. <<NOTE: 49 USC 60101 note.>> PIPELINE INTEGRITY, SAFETY, AND 
            RELIABILITY RESEARCH AND DEVELOPMENT.

    (a) In General.--The heads of the participating agencies shall carry 
out a program of research, development, demonstration, and 
standardization to ensure the integrity of pipeline facilities.
    (b) Memorandum of Understanding.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 120 days 
        after the date of enactment of this Act, the heads of the 
        participating agencies shall enter into a memorandum of 
        understanding detailing their respective responsibilities in the 
        program authorized by subsection (a).
            (2) Areas of expertise.--Under the memorandum of 
        understanding, each of the participating agencies shall have the 
        primary responsibility for ensuring that the elements of the 
        program within its expertise are implemented in accordance with 
        this section. The Department of Transportation's 
        responsibilities shall reflect its lead role in pipeline safety 
        and expertise in pipeline inspection, integrity management, and 
        damage prevention. The Department of Energy's responsibilities 
        shall reflect its expertise in system reliability, low-volume 
        gas leak detection, and surveillance technologies. The National 
        Institute of Standards and Technology's responsibilities shall 
        reflect its

[[Page 116 STAT. 2998]]

        expertise in materials research and assisting in the development 
        of consensus technical standards, as that term is used in 
        section 12(d)(4) of Public Law 104-13 (15 U.S.C. 272 note).

    (c) Program Elements.--The program authorized by subsection (a) 
shall include research, development, demonstration, and standardization 
activities related to--
            (1) materials inspection;
            (2) stress and fracture analysis, detection of cracks, 
        corrosion, abrasion, and other abnormalities inside pipelines 
        that lead to pipeline failure, and development of new equipment 
        or technologies that are inserted into pipelines to detect 
        anomalies;
            (3) internal inspection and leak detection technologies, 
        including detection of leaks at very low volumes;
            (4) methods of analyzing content of pipeline throughput;
            (5) pipeline security, including improving the real-time 
        surveillance of pipeline rights-of-way, developing tools for 
        evaluating and enhancing pipeline security and infrastructure, 
        reducing natural, technological, and terrorist threats, and 
        protecting first response units and persons near an incident;
            (6) risk assessment methodology, including vulnerability 
        assessment and reduction of third-party damage;
            (7) communication, control, and information systems surety;
            (8) fire safety of pipelines;
            (9) improved excavation, construction, and repair 
        technologies; and
            (10) other appropriate elements.

    (d) Program Plan.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 1 year 
        after the date of enactment of this section, the Secretary of 
        Transportation, in coordination with the Secretary of Energy and 
        the Director of the National Institute of Standards and 
        Technology, shall prepare and transmit to Congress a 5-year 
        program plan to guide activities under this section. Such 
        program plan shall be submitted to the Technical Pipeline Safety 
        Standards Committee and the Technical Hazardous Liquid Pipeline 
        Safety Standards Committee for review, and the report to 
        Congress shall include the comments of the committees. The 5-
        year program plan shall be based on the memorandum of 
        understanding under subsection (b) and take into account related 
        activities of other Federal agencies.
            (2) Consultation.--In preparing the program plan and 
        selecting and prioritizing appropriate project proposals, the 
        Secretary of Transportation shall consult with or seek the 
        advice of appropriate representatives of the natural gas, crude 
        oil, and petroleum product pipeline industries, utilities, 
        manufacturers, institutions of higher learning, Federal 
        agencies, pipeline research institutions, national laboratories, 
        State pipeline safety officials, labor organizations, 
        environmental organizations, pipeline safety advocates, and 
        professional and technical societies.

    (e) Reports <<NOTE: Deadline.>> to Congress.--Not later than 1 year 
after the date of enactment of this Act, and annually thereafter, the 
heads of the participating agencies shall transmit jointly to Congress a 
report on the status and results to date of the implementation of the 
program plan prepared under subsection (d).

[[Page 116 STAT. 2999]]

    (f) Authorization of Appropriations.--
            (1) Department of transportation.--There is authorized to be 
        appropriated to the Secretary of Transportation for carrying out 
        this section $10,000,000 for each of the fiscal years 2003 
        through 2006.
            (2) Department of energy.--There is authorized to be 
        appropriated to the Secretary of Energy for carrying out this 
        section $10,000,000 for each of the fiscal years 2003 through 
        2006.
            (3) National institute of standards and technology.--There 
        is authorized to be appropriated to the Director of the National 
        Institute of Standards and Technology for carrying out this 
        section $5,000,000 for each of the fiscal years 2003 through 
        2006.
            (4) General revenue funding.--Any sums appropriated under 
        this subsection shall be derived from general revenues and may 
        not be derived from amounts collected under section 60301 of 
        title 49, United States Code.

    (g) Pipeline Integrity Program.--Of the amounts available in the Oil 
Spill Liability Trust Fund established by section 9509 of the Internal 
Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be transferred 
to the Secretary of Transportation, as provided in appropriation Acts, 
to carry out programs for detection, prevention, and mitigation of oil 
spills for each of the fiscal years 2003 through 2006.
    (h) Participating Agencies Defined.--In this section, the term 
``participating agencies'' means the Department of Transportation, the 
Department of Energy, and the National Institute of Standards and 
Technology.

SEC. 13. PIPELINE QUALIFICATION PROGRAMS.

    (a) Verification Program.--
            (1) In general.--Chapter 601 is further amended by adding at 
        the end the following:

``Sec. 60131. Verification of pipeline qualification programs

    ``(a) In General.--Subject to the requirements of this section, the 
Secretary of Transportation shall require the operator of a pipeline 
facility to develop and adopt a qualification program to ensure that the 
individuals who perform covered tasks are qualified to conduct such 
tasks.
    ``(b) Standards and Criteria.--
            ``(1) Development.--Not <<NOTE: Deadline.>> later than 1 
        year after the date of enactment of this section, the Secretary 
        shall ensure that the Department of Transportation has in place 
        standards and criteria for qualification programs referred to in 
        subsection (a).
            ``(2) Contents.--The standards and criteria shall include 
        the following:
                    ``(A) The establishment of methods for evaluating 
                the acceptability of the qualifications of individuals 
                described in subsection (a).
                    ``(B) A requirement that pipeline operators develop 
                and implement written plans and procedures to qualify 
                individuals described in subsection (a) to a level found 
                acceptable using the methods established under 
                subparagraph (A) and

[[Page 116 STAT. 3000]]

                evaluate the abilities of individuals described in 
                subsection (a) according to such methods.
                    ``(C) A requirement that the plans and procedures 
                adopted by a pipeline operator under subparagraph (B) be 
                reviewed and verified under subsection (e).

    ``(c) Development <<NOTE: Deadline.>> of Qualification Programs by 
Pipeline Operators.--The Secretary shall require each pipeline operator 
to develop and adopt, not later than 2 years after the date of enactment 
of this section, a qualification program that complies with the 
standards and criteria described in subsection (b).

    ``(d) Elements of Qualification Programs.--A qualification program 
adopted by an operator under subsection (a) shall include, at a minimum, 
the following elements:
            ``(1) A method for examining or testing the qualifications 
        of individuals described in subsection (a). The method may 
        include written examination, oral examination, observation 
        during on-the-job performance, on-the-job training, simulations, 
        and other forms of assessment. The method may not be limited to 
        observation of on-the-job performance, except with respect to 
        tasks for which the Secretary has determined that such 
        observation is the best method of examining or testing 
        qualifications. The Secretary <<NOTE: Records.>> shall ensure 
        that the results of any such observations are documented in 
        writing.
            ``(2) <<NOTE: Deadline.>> A requirement that the operator 
        complete the qualification of all individuals described in 
        subsection (a) not later than 18 months after the date of 
        adoption of the qualification program.
            ``(3) A periodic requalification component that provides for 
        examination or testing of individuals in accordance with 
        paragraph (1).
            ``(4) A program to provide training, as appropriate, to 
        ensure that individuals performing covered tasks have the 
        necessary knowledge and skills to perform the tasks in a manner 
        that ensures the safe operation of pipeline facilities.

    ``(e) Review and Verification of Programs.--
            ``(1) In general.--The Secretary shall review the 
        qualification program of each pipeline operator and verify its 
        compliance with the standards and criteria described in 
        subsection (b) and that it includes the elements described in 
        subsection (d). The Secretary <<NOTE: Records.>> shall record 
        the results of that review for use in the next review of an 
        operator's program.
            ``(2) Deadline for completion.--Reviews and verifications 
        under this subsection shall be completed not later than 3 years 
        after the date of the enactment of this section.
            ``(3) Inadequate programs.--If the Secretary decides that a 
        qualification program is inadequate for the safe operation of a 
        pipeline facility, the Secretary shall act as under section 
        60108(a)(2) to require the operator to revise the qualification 
        program.
            ``(4) Program <<NOTE: Notification.>> modifications.--If the 
        operator of a pipeline facility significantly modifies a program 
        that has been verified under this subsection, the operator shall 
        notify the Secretary of the modifications. The Secretary shall 
        review and verify such modifications in accordance with 
        paragraph (1).

[[Page 116 STAT. 3001]]

            ``(5) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement of 
        this section if the waiver or modification is not inconsistent 
        with pipeline safety.
            ``(6) Inaction <<NOTE: Deadline.>> by the secretary.--
        Notwithstanding any failure of the Secretary to prescribe 
        standards and criteria as described in subsection (b), an 
        operator of a pipeline facility shall develop and adopt a 
        qualification program that complies with the requirement of 
        subsection (b)(2)(B) and includes the elements described in 
        subsection (d) not later than 2 years after the date of 
        enactment of this section.

    ``(f) Intrastate Pipeline Facilities.--In the case of an intrastate 
pipeline facility operator, the duties and powers of the Secretary under 
this section with respect to the qualification program of the operator 
shall be vested in the appropriate State regulatory agency, consistent 
with this chapter.
    ``(g) Covered Task Defined.--In this section, the term `covered 
task'--
            ``(1) with respect to a gas pipeline facility, has the 
        meaning such term has under section 192.801 of title 49, Code of 
        Federal Regulations, including any subsequent modifications; and
            ``(2) with respect to a hazardous liquid pipeline facility, 
        has the meaning such term has under section 195.501 of such 
        title, including any subsequent modifications.

    ``(h) Report.--Not <<NOTE: Deadline.>> later than 4 years after the 
date of enactment of this section, the Secretary shall transmit to 
Congress a report on the status and results to date of the personnel 
qualification regulations issued under this chapter.''.
            (2) Conforming amendment.--The analysis for chapter 601 is 
        amended by adding at end the following:

``60131. Verification of pipeline qualification programs.''.

    (b) Pilot <<NOTE: 49 USC 60131 note.>> Program for Certification of 
Certain Pipeline Workers.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 36 
        months after the date of enactment of this Act, the Secretary of 
        Transportation shall--
                    (A) develop tests and other requirements for 
                certifying the qualifications of individuals who operate 
                computer-based systems for controlling the operations of 
                pipelines; and
                    (B) establish and carry out a pilot program for 3 
                pipeline facilities under which the individuals 
                operating computer-based systems for controlling the 
                operations of pipelines at such facilities are required 
                to be certified under the process established under 
                subparagraph (A).
            (2) Report.--The Secretary shall include in the report 
        required under section 60131(h), as added by subsection (a) of 
        this section, the results of the pilot program. The report shall 
        include--
                    (A) a description of the pilot program and 
                implementation of the pilot program at each of the 3 
                pipeline facilities;
                    (B) an evaluation of the pilot program, including 
                the effectiveness of the process for certifying 
                individuals who operate computer-based systems for 
                controlling the operations of pipelines;
                    (C) any recommendations of the Secretary for 
                requiring the certification of all individuals who 
                operate computer-

[[Page 116 STAT. 3002]]

                based systems for controlling the operations of 
                pipelines; and
                    (D) an assessment of the ramifications of requiring 
                the certification of other individuals performing 
                safety-sensitive functions for a pipeline facility.
            (3) Computer-based systems defined.--In this subsection, the 
        term ``computer-based systems'' means supervisory control and 
        data acquisition systems.

SEC. 14. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS FOR GAS 
            PIPELINES.

    (a) In General.--Section 60109 is amended by adding at the end the 
following:
    ``(c) Risk Analysis and Integrity Management Programs.--
            ``(1) Requirement.--Each operator of a gas pipeline facility 
        shall conduct an analysis of the risks to each facility of the 
        operator located in an area identified pursuant to subsection 
        (a)(1) and defined in chapter 192 of title 49, Code of Federal 
        Regulations, including any subsequent modifications, and shall 
        adopt and implement a written integrity management program for 
        such facility to reduce the risks.
            ``(2) Regulations.--
                    ``(A) In <<NOTE: Deadlines.>> general.--Not later 
                than 12 months after the date of enactment of this 
                subsection, the Secretary shall issue regulations 
                prescribing standards to direct an operator's conduct of 
                a risk analysis and adoption and implementation of an 
                integrity management program under this subsection. The 
                regulations shall require an operator to conduct a risk 
                analysis and adopt an integrity management program 
                within a time period prescribed by the Secretary, ending 
                not later than 24 months after such date of enactment. 
                Not later than 18 months after such date of enactment, 
                each operator of a gas pipeline facility shall begin a 
                baseline integrity assessment described in paragraph 
                (3).
                    ``(B) Authority to issue regulations.--The Secretary 
                may satisfy the requirements of this paragraph through 
                the issuance of regulations under this paragraph or 
                under other authority of law.
            ``(3) Minimum requirements of integrity management 
        programs.--An integrity management program required under 
        paragraph (1) shall include, at a minimum, the following 
        requirements:
                    ``(A) <<NOTE: Deadlines.>> A baseline integrity 
                assessment of each of the operator's facilities in areas 
                identified pursuant to subsection (a)(1) and defined in 
                chapter 192 of title 49, Code of Federal Regulations, 
                including any subsequent modifications, by internal 
                inspection device, pressure testing, direct assessment, 
                or an alternative method that the Secretary determines 
                would provide an equal or greater level of safety. The 
                operator shall complete such assessment not later than 
                10 years after the date of enactment of this subsection. 
                At least 50 percent of such facilities shall be assessed 
                not later than 5 years after such date of enactment. The 
                operator shall prioritize such facilities for assessment 
                based on all risk factors, including any previously 
                discovered defects or anomalies and any history of 
                leaks, 


[[Page 116 STAT. 3003]]

                repairs, or failures. The operator shall ensure that 
                assessments of facilities with the highest risks are 
                given priority for completion and that such assessments 
                will be completed not later than 5 years after such date 
                of enactment.
                    ``(B) Subject to paragraph (5), periodic 
                reassessment of the facility, at a minimum of once every 
                7 years, using methods described in subparagraph (A).
                    ``(C) Clearly defined criteria for evaluating the 
                results of assessments conducted under subparagraphs (A) 
                and (B) and for taking actions based on such results.
                    ``(D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility and the 
                consequences of releases from the facility.
                    ``(E) A description of actions to be taken by the 
                operator to promptly address any integrity issue raised 
                by an evaluation conducted under subparagraph (C) or the 
                analysis conducted under subparagraph (D).
                    ``(F) A description of measures to prevent and 
                mitigate the consequences of releases from the facility.
                    ``(G) A method for monitoring cathodic protection 
                systems throughout the pipeline system of the operator 
                to the extent not addressed by other regulations.
                    ``(H) If the Secretary raises a safety concern 
                relating to the facility, a description of the actions 
                to be taken by the operator to address the safety 
                concern, including issues raised with the Secretary by 
                States and local authorities under an agreement entered 
                into under section 60106.
            ``(4) Treatment of baseline integrity assessments.--In the 
        case of a baseline integrity assessment conducted by an operator 
        in the period beginning on the date of enactment of this 
        subsection and ending on the date of issuance of regulations 
        under this subsection, the Secretary shall accept the assessment 
        as complete, and shall not require the operator to repeat any 
        portion of the assessment, if the Secretary determines that the 
        assessment was conducted in accordance with the requirements of 
        this subsection.
            ``(5) Waivers and modifications.--In accordance with section 
        60118(c), the Secretary may waive or modify any requirement for 
        reassessment of a facility under paragraph (3)(B) for reasons 
        that may include the need to maintain local product supply or 
        the lack of internal inspection devices if the Secretary 
        determines that such waiver is not inconsistent with pipeline 
        safety.
            ``(6) Standards.--The standards prescribed by the Secretary 
        under paragraph (2) shall address each of the following factors:
                    ``(A) The minimum requirements described in 
                paragraph (3).
                    ``(B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to the 
                minimum requirements of paragraph (3)(B).
                    ``(C) The manner in which the inspections or testing 
                are conducted.
                    ``(D) The criteria used in analyzing results of the 
                inspections or testing.

[[Page 116 STAT. 3004]]

                    ``(E) The types of information sources that must be 
                integrated in assessing the integrity of a pipeline 
                facility as well as the manner of integration.
                    ``(F) The nature and timing of actions selected to 
                address the integrity of a pipeline facility.
                    ``(G) Such other factors as the Secretary determines 
                appropriate to ensure that the integrity of a pipeline 
                facility is addressed and that appropriate mitigative 
                measures are adopted to protect areas identified under 
                subsection (a)(1).
        In prescribing those standards, the Secretary shall ensure that 
        all inspections required are conducted in a manner that 
        minimizes environmental and safety risks, and shall take into 
        account the applicable level of protection established by 
        national consensus standards organizations.
            ``(7) Additional optional standards.--The Secretary may also 
        prescribe standards requiring an operator of a pipeline facility 
        to include in an integrity management program under this 
        subsection--
                    ``(A) changes to valves or the establishment or 
                modification of systems that monitor pressure and detect 
                leaks based on the operator's risk analysis; and
                    ``(B) the use of emergency flow restricting devices.
            ``(8) Lack <<NOTE: Deadlines.>> of regulations.--In the 
        absence of regulations addressing the elements of an integrity 
        management program described in this subsection, the operator of 
        a pipeline facility shall conduct a risk analysis and adopt and 
        implement an integrity management program described in this 
        subsection not later than 24 months after the date of enactment 
        of this subsection and shall complete the baseline integrity 
        assessment described in this subsection not later than 10 years 
        after such date of enactment. At least 50 percent of such 
        facilities shall be assessed not later than 5 years after such 
        date of enactment. The operator shall prioritize such facilities 
        for assessment based on all risk factors, including any 
        previously discovered defects or anomalies and any history of 
        leaks, repairs, or failures. The operator shall ensure that 
        assessments of facilities with the highest risks are given 
        priority for completion and that such assessments will be 
        completed not later than 5 years after such date of enactment.
            ``(9) Review of integrity management programs.--
                    ``(A) Review of programs.--
                          ``(i) In general.--The Secretary shall review 
                      a risk analysis and integrity management program 
                      under paragraph (1) and record the results of that 
                      review for use in the next review of an operator's 
                      program.
                          ``(ii) Context of review.--The Secretary may 
                      conduct a review under clause (i) as an element of 
                      the Secretary's inspection of an operator.
                          ``(iii) Inadequate programs.--If the Secretary 
                      determines that a risk analysis or integrity 
                      management program does not comply with the 
                      requirements of this subsection or regulations 
                      issued as described in paragraph (2), or is 
                      inadequate for the safe operation of a pipeline 
                      facility, the Secretary shall act under section 
                      60108(a)(2) to require the operator to revise the 
                      risk analysis or integrity management program.

[[Page 116 STAT. 3005]]

                    ``(B) 
                Amendments <<NOTE: Notification. Deadline.>> to 
                programs.--In order to facilitate reviews under this 
                paragraph, an operator of a pipeline facility shall 
                notify the Secretary of any amendment made to the 
                operator's integrity management program not later than 
                30 days after the date of adoption of the amendment. The 
                Secretary shall review any such amendment in accordance 
                with this paragraph.
                    ``(C) Transmittal of programs to state 
                authorities.--The Secretary shall provide a copy of each 
                risk analysis and integrity management program reviewed 
                by the Secretary under this paragraph to any appropriate 
                State authority with which the Secretary has entered 
                into an agreement under section 60106.
            ``(10) State review of integrity management plans.--A State 
        authority that enters into an agreement pursuant to section 
        60106, permitting the State authority to review the risk 
        analysis and integrity management program pursuant to paragraph 
        (9), may provide the Secretary with a written assessment of the 
        risk analysis and integrity management program, make 
        recommendations, as appropriate, to address safety concerns not 
        adequately addressed by the operator's risk analysis or 
        integrity management program, and submit documentation 
        explaining the State-proposed revisions. The Secretary shall 
        consider carefully the State's proposals and work in 
        consultation with the States and operators to address safety 
        concerns.
            ``(11) Application of standards.--Section 60104(b) shall not 
        apply to this section.''.

    (b) Integrity Management Regulations.--Section 60109 is further 
amended by adding at the end the following:
    ``(d) Evaluation <<NOTE: Deadline.>> of Integrity Management 
Regulations.--Not later than 4 years after the date of enactment of this 
subsection, the Comptroller General shall complete an assessment and 
evaluation of the effects on public safety and the environment of the 
requirements for the implementation of integrity management programs 
contained in the standards prescribed as described in subsection 
(c)(2).''.

    (c) Conforming Amendment.--Section 60118(a) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) conduct a risk analysis, and adopt and implement an 
        integrity management program, for pipeline facilities as 
        required under section 60109(c).''.

    (d) Study <<NOTE: 49 USC 60109 note.>> of Reassessment Intervals.--
            (1) Study.--The Comptroller General shall conduct a study to 
        evaluate the 7-year reassessment interval required by section 
        60109(c)(3)(B) of title 49, United States Code, as added by 
        subsection (a) of this section.
            (2) Report.--Not <<NOTE: Deadline.>> later than 4 years 
        after the date of the enactment of this Act, the Comptroller 
        General shall transmit to Congress a report on the results of 
        the study conducted under paragraph (1).

SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) In General.--Chapter 601 is further amended by adding at the end 
the following:

[[Page 116 STAT. 3006]]

``Sec. 60132. National pipeline mapping system

    ``(a) Information <<NOTE: Deadline.>> 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. 16. 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 <<NOTE: Deadline. President.>> 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.

[[Page 116 STAT. 3007]]

                    ``(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 <<NOTE: Deadline.>> of understanding.--
        Based upon the evaluation required under paragraph (3) and not 
        later than 1 year after the date of enactment of this section, 
        the members of the Interagency Committee shall enter into a 
        memorandum of understanding to provide for a coordinated and 
        expedited pipeline repair permit review process to carry out the 
        purpose set forth in paragraph (1). The Interagency Committee 
        shall include provisions in the memorandum of understanding 
        identifying those repairs or categories of repairs described in 
        paragraph (1) for which the best practices identified under 
        paragraph (3), when properly employed by a pipeline operator, 
        would result in no more than minimal adverse effects on the 
        environment and for which discretionary administrative reviews 
        may therefore be minimized or eliminated. With respect to 
        pipeline repairs described in paragraph (1) to which the 
        preceding sentence would not be applicable, the Interagency 
        Committee shall include provisions to enable pipeline operators 
        to commence and complete all activities necessary to carry out 
        pipeline repairs within any time periods specified by rule by 
        the Secretary. The Interagency Committee shall include in the 
        memorandum of understanding criteria under which permits 
        required for such pipeline repair activities should be 
        prioritized over other less urgent agency permit application 
        reviews. The Interagency Committee shall not enter into a 
        memorandum of understanding under this paragraph except by 
        unanimous agreement of the members of the Interagency Committee.
            ``(5) State and local consultation.--In carrying out this 
        subsection, the Interagency Committee shall consult with 
        appropriate State and local environmental, pipeline safety, and 
        emergency response officials, and such other officials as the 
        Interagency Committee considers appropriate.

    ``(b) Implementation.--Not <<NOTE: Deadline.>> 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

[[Page 116 STAT. 3008]]

            ``(2) to preempt applicable Federal, State, or local 
        environmental law.

    ``(d) Interim Operational Alternatives.--
            ``(1) In <<NOTE: Deadline. Regulations.>> 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. 17. <<NOTE: 49 USC 60114 note.>> 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. 18. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (a) In General.--Except as otherwise required by this Act, the 
Secretary of Transportation shall implement the safety improvement 
recommendations provided for in the Department of Transportation 
Inspector General's Report (RT-2000-069).
    (b) Reports <<NOTE: Deadlines.>> by the Secretary.--Not later than 
90 days after the date of enactment of this Act, and every 90 days 
thereafter 


[[Page 116 STAT. 3009]]

until each of the recommendations referred to in subsection (a) has been 
implemented, the Secretary shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce of the House 
of Representatives a report on the specific actions taken to implement 
such recommendations.
    (c) Reports by the Inspector General.--The Inspector General shall 
periodically transmit to the committees referred to in subsection (b) a 
report assessing the Secretary's progress in implementing the 
recommendations referred to in subsection (a) and identifying options 
for the Secretary to consider in accelerating recommendation 
implementation.

SEC. 19. <<NOTE: 49 USC 1135 note.>> NTSB SAFETY RECOMMENDATIONS.

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

SEC. 20. MISCELLANEOUS AMENDMENTS.

    (a) General Authority and Purpose.--
            (1) In general.--Section 60102(a) is amended--
                    (A) by redesignating paragraph (2) as paragraph (3);
                    (B) by striking ``(a)(1)'' and all that follows 
                through ``The Secretary of Transportation'' and 
                inserting the following:

    ``(a) Purpose and Minimum Safety Standards.--
            ``(1) Purpose.--The purpose of this chapter is to provide 
        adequate protection against risks to life and property posed by 
        pipeline transportation and pipeline facilities by improving the 
        regulatory and enforcement authority of the Secretary of 
        Transportation.
            ``(2) Minimum safety standards.--The Secretary'';
                    (C) by moving the remainder of the text of paragraph 
                (2) (as so redesignated), including subparagraphs (A) 
                and (B) but excluding subparagraph (C), 2 ems to the 
                right; and
                    (D) in paragraph (3) (as so redesignated) by 
                inserting ``Qualifications of pipeline operators.--'' 
                before ``The qualifications''.
            (2) Conforming amendments.--Chapter 601 is amended--
                    (A) by striking the heading for section 60102 and 
                inserting the following:

[[Page 116 STAT. 3010]]

``Sec. 60102. Purpose and general authority''; and

                    (B) in the analysis for such chapter by striking the 
                item relating to section 60102 and inserting the 
                following:

``60102. Purpose and general authority.''.

    (b) Conflicts of Interest.--Section 60115(b)(4) is amended by adding 
at the end the following:
    ``(D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in the 
pipeline, petroleum, or gas industry.''.

SEC. 21. TECHNICAL AMENDMENTS.

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

SEC. 22. 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 subsection (c) as subsection (b); and
            (2) in subsection (b)(1) (as so redesignated) by striking 
        subparagraphs (A) through (H) and inserting the following:
            ``(A) $19,800,000 for fiscal year 2003, of which $14,800,000 
        is to be derived from user fees for fiscal year 2003 collected 
        under section 60301 of this title.
            ``(B) $21,700,000 for fiscal year 2004, of which $16,700,000 
        is to be derived from user fees for fiscal year 2004 collected 
        under section 60301 of this title.
            ``(C) $24,600,000 for fiscal year 2005, of which $19,600,000 
        is to be derived from user fees for fiscal year 2005 collected 
        under section 60301 of this title.

[[Page 116 STAT. 3011]]

            ``(D) $26,500,000 for fiscal year 2006, of which $21,500,000 
        is to be derived from user fees for fiscal year 2006 collected 
        under section 60301 of this title.''.

    (c) Oil Spills; Emergency Response Grants.--Section 60125 is amended 
by inserting after subsection (b) (as redesignated by subsection (b)(1) 
of this section) the following:
    ``(c) Oil Spill Liability Trust Fund.--Of the amounts available in 
the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to 
the Secretary of Transportation, as provided in appropriation Acts, to 
carry out programs authorized in this chapter for each of fiscal years 
2003 through 2006.
    ``(d) Emergency Response Grants.--
            ``(1) In general.--The Secretary may establish a program for 
        making grants to State, county, and local governments in high 
        consequence areas, as defined by the Secretary, for emergency 
        response management, training, and technical assistance.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated $6,000,000 for each of fiscal years 2003 
        through 2006 to carry out this subsection.''.

    (d) Conforming Amendment.--Section 60125(e) is amended by striking 
``or (b) of this section''.

SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(m) Inspections <<NOTE: Deadline. Regulations.>> 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. 24. <<NOTE: 49 USC 60102 note. Deadline.>> STATE PIPELINE SAFETY 
            ADVISORY COMMITTEES.

    Within 90 days after receiving recommendations for improvements to 
pipeline safety from an advisory committee appointed by the Governor of 
any State, the Secretary of Transportation shall respond in writing to 
the committee setting forth what action, if any, the Secretary will take 
on those recommendations and the Secretary's reasons for acting or not 
acting upon any of the recommendations.

SEC. 25. <<NOTE: 49 USC 60108 note.>> PIPELINE BRIDGE RISK STUDY.

    (a) In General.--The Secretary of Transportation shall conduct a 
study to determine whether cable-suspension pipeline bridges pose 
structural or other risks warranting particularized attention in 
connection with pipeline operators risk assessment programs and whether 
particularized inspection standards need to be developed by the 
Department of Transportation to recognize the peculiar risks posed by 
such bridges.
    (b) Public Participation and Comments.--In conducting the study, the 
Secretary shall provide, to the maximum extent practicable, for public 
participation and comment and shall solicit views and comments from the 
public and interested persons, including participants in the pipeline 
industry with knowledge and experience in inspection of pipeline 
facilities.
    (c) Completion <<NOTE: Deadline.>> and Report.--Within 2 years after 
the date of enactment of this Act, the Secretary shall complete the 
study and transmit to Congress a report detailing the results of the 
study.

[[Page 116 STAT. 3012]]

    (d) Funding.--The Secretary may carry out this section using only 
amounts that are specifically appropriated to carry out this section.

SEC. 26. <<NOTE: 15 USC 717m note.>> STUDY AND REPORT ON NATURAL GAS 
            PIPELINE AND STORAGE FACILITIES IN NEW ENGLAND.

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

    Approved December 17, 2002.

LEGISLATIVE HISTORY--H.R. 3609 (S. 235):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-605, Pt. 1 (Comm. on Transportation and 
Infrastructure) and Pt. 2 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            July 23, considered and passed House.
            Nov. 13, considered and passed Senate, amended.
            Nov. 14, House concurred in Senate amendment.

                                  <all>