Pub.L. 107-356 To modify the boundaries of the New River Gorge National River, West Virginia. <> ...

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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

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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;

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