49 U.S.C. § 60124 — Biennial reports

Page 1789 TITLE 49—TRANSPORTATION § 60124 facility, an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline fa- cility or intrastate hazardous liquid pipeline fa- cility that is used in interstate or foreign com- merce or in any activity affecting interstate or foreign commerce, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be im- prisoned for any term of years or for life. (c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person knowingly and willfully defac- ing, damaging, removing, or destroying a pipe- line sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both. (d) PENALTY FOR NOT USING ONE-CALL NOTIFI- CATION SYSTEM OR NOT HEEDING LOCATION INFOR- MATION OR MARKINGS.—A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person— (1) knowingly and willfully engages in an ex- cavation activity— (A) without first using an available one- call notification system to establish the lo- cation of underground facilities in the exca- vation area; or (B) without paying attention to appro- priate location information or markings the operator of a pipeline facility establishes; and (2) subsequently damages— (A) a pipeline facility that results in death, serious bodily harm, or actual dam- age to property of more than $50,000; (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 appro- priate authorities; or (C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product. Penalties under this subsection may be reduced in the case of a violation that is promptly re- ported by the violator. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§ 14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§ 810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§ 3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60123(a) ...... 49 App.:1679a(c)(1). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, § 304(b), 106 Stat. 3308. 49 App.:2007(c)(1). Nov. 30, 1979, Pub. L. 96–129, § 208(c)(1), (2), 93 Stat. 1010. 60123(b) ...... 49 App.:1679a(c)(2). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992. 49 App.:2007(c)(2). 60123(c) ...... 49 App.:1679a(c)(3). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, § 107, 102 Stat. 2807. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:2007(c)(3). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, § 206, 102 Stat. 2811. 60123(d) ...... 49 App.:1687(g). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 20(g); added Oct. 24, 1992, Pub. L. 102–508, § 304(a), 106 Stat. 3307. In this section, the words ‘‘upon conviction . . . sub- ject, for each offense, to’’ and ‘‘a term’’ are omitted as surplus. In subsections (a)–(c), the words ‘‘fined under title 18’’ are substituted for ‘‘a fine of not more than $25,000’’ and ‘‘a fine of not more than $5,000’’ for consistency with title 18. In subsection (a), the word ‘‘prescribed’’ is added for consistency in the revised title and with other titles of the United States Code. The words ‘‘including any order issued under section 1677(b) and 1679b(b) of this Appendix’’ in 49 App.:1679a(c)(1) and ‘‘including any order issued under section 2006(b) or 2008(b) of the Ap- pendix’’ in 49 App.:2007(c)(1) are omitted as surplus. In subsection (b), the word ‘‘damaging’’ is substituted for ‘‘injures’’, and the word ‘‘damage’’ is substituted for ‘‘injure’’, for clarity. Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–355, § 21(4), substituted ‘‘60114(b)’’ for ‘‘60114(c)’’. Subsec. (b). Pub. L. 107–355, § 8(c), substituted ‘‘gas pipeline facility, an’’ for ‘‘gas pipeline facility or’’ and inserted ‘‘, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activ- ity affecting interstate or foreign commerce’’ after ‘‘liquid pipeline facility’’. Subsec. (d). Pub. L. 107–355, § 3(c)(1), (4), struck out ‘‘knowingly and willfully’’ after ‘‘if the person’’ in in- troductory provisions and inserted concluding provi- sions. Subsec. (d)(1). Pub. L. 107–355, § 3(c)(2), inserted ‘‘knowingly and willfully’’ before ‘‘engages’’. Subsec. (d)(2)(B). Pub. L. 107–355, § 3(c)(3), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘a pipeline facility that does not report the damage promptly to the operator of the pipeline facil- ity and to other appropriate authorities; or’’. 2001—Subsec. (b). Pub. L. 107–56 struck out ‘‘, or at- tempting to damage or destroy,’’ before ‘‘an interstate gas pipeline facility’’, inserted ‘‘, or attempting or con- spiring to do such an act,’’ before ‘‘shall be fined under title 18,’’ and substituted ‘‘20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.’’ for ‘‘15 years, or both.’’ 1996—Subsec. (a). Pub. L. 104–304, § 18(b)(1), sub- stituted ‘‘, 60118(a), or 60128’’ for ‘‘or 60118(a)’’. Subsec. (d)(2). Pub. L. 104–304, § 14, added subpar. (B) and redesignated former subpar. (B) as (C). § 60124. Biennial reports (a) SUBMISSION AND CONTENTS.—Not later than August 15, 1997, and every 2 years thereafter, the Secretary of Transportation shall submit to Congress a report on carrying out this chapter for the 2 immediately preceding calendar years for gas and a report on carrying out this chapter for such period for hazardous liquid. Each report shall include the following information about the prior year for gas or hazardous liquid, as ap- propriate: (1) a thorough compilation of the leak re- pairs, accidents, and casualties and a state- Page 1790 TITLE 49—TRANSPORTATION § 60124 ment of cause when investigated and estab- lished by the National Transportation Safety Board. (2) a list of applicable pipeline safety stand- ards prescribed under this chapter including identification of standards prescribed during the year. (3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title. (4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name. (5) a summary of outstanding problems in carrying out this chapter, in order of priority. (6) an analysis and evaluation of— (A) research activities, including their pol- icy implications, completed as a result of the United States Government and private sponsorship; (B) technological progress in safety achieved; and (C) a summary of each research and devel- opment project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety. (7) a list, with a brief statement of the issues, of completed or pending judicial ac- tions under this chapter. (8) the extent to which technical informa- tion was distributed to the scientific commu- nity and consumer-oriented information was made available to the public. (9) a compilation of certifications filed under section 60105 of this title that were— (A) in effect; or (B) rejected in any part by the Secretary and a summary of the reasons for each rejec- tion. (10) a compilation of agreements made under section 60106 of this title that were— (A) in effect; or (B) ended in any part by the Secretary and a summary of the reasons for ending each agreement. (11) a description of the number and quali- fications of State pipeline safety inspectors in each State for which a certification under sec- tion 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State. (12) recommendations for legislation the Secretary considers necessary— (A) to promote cooperation among the States in improving— (i) gas pipeline safety; or (ii) hazardous liquid pipeline safety pro- grams; and (B) to strengthen the national gas pipeline safety program. (b) SUBMISSION OF ONE REPORT.—The Sec- retary may submit one report to carry out sub- section (a) of this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1326; Pub. L. 104–66, title I, § 1121(l), Dec. 21, 1995, 109 Stat. 724; Pub. L. 104–304, § 15(a), Oct. 12, 1996, 110 Stat. 3803; Pub. L. 114–183, § 22(b)(1), June 22, 2016, 130 Stat. 529.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60124(a) ...... 49 App.:1683(a). Aug. 12, 1968, Pub. L. 90–481, § 16(a), 82 Stat. 728; Oct. 11, 1976, Pub. L. 94–477, § 7, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 107, 109(l), (m), 93 Stat. 992, 995, 997; Oct. 11, 1984, Pub. L. 98–464, § 3(a), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, § 110(b), 106 Stat. 3295. 49 App.:1683(b). Aug. 12, 1968, Pub. L. 90–481, § 16(b), 82 Stat. 728; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992. 49 App.:2012(a). Nov. 30, 1979, Pub. L. 96–129, § 213(a), 93 Stat. 1013; Oct. 11, 1984, Pub. L. 98–464, § 3(b), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, § 209(b), 106 Stat. 3304. 49 App.:2012(b). Nov. 30, 1979, Pub. L. 96–129, § 213(b), (c), 93 Stat. 1014. 60124(b) ...... 49 App.:2012(c). In subsection (a), before clause (1), the words ‘‘pre- pare and’’ and ‘‘comprehensive’’ are omitted as surplus. The words ‘‘the following information’’ are added for clarity. The words ‘‘about the prior year’’ are sub- stituted for ‘‘occurring in such year’’, ‘‘established or in effect in such year’’, ‘‘during such year’’, and ‘‘dur- ing the preceding calendar year’’ to eliminate unneces- sary words. In clause (2), the word ‘‘Federal’’ is omitted as surplus. The word ‘‘prescribed’’ is substituted for ‘‘established or in effect’’ and ‘‘established’’ for consist- ency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The word ‘‘newly’’ is omitted as surplus. In clause (4), the words ‘‘for the transportation of gas and pipeline facilities’’ in 49 App.:1683(a)(4) and ‘‘for the transportation of hazardous liquids and pipeline facili- ties’’ in 49 App.:2012(a)(4) are omitted because of the re- statement. In clause (5), the words ‘‘in carrying out’’ are substituted for ‘‘confronting the administration of’’ for consistency. In clause (9), before subclause (A), the words ‘‘by State agencies (including municipalities)’’ are omitted as surplus. In clauses (9)(B) and (10)(B), the words ‘‘in any part’’ are added for clarity. In clause (10), before subclause (A), the words ‘‘with State agen- cies (including municipalities)’’ are omitted as surplus. In clause (12), before subclause (A), the word ‘‘addi- tional’’ is omitted as surplus. In subclause (A), the word ‘‘several’’ is omitted as surplus. In subsection (b), the words ‘‘annual’’ and ‘‘the report requirements of’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 12 of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (a)(6)(C), is section 12 of Pub. L. 107–355, which is set out as a note under section 60101 of this title. AMENDMENTS 2016—Subsec. (a)(6)(C). Pub. L. 114–183 added subpar. (C). 1996—Pub. L. 104–304, § 15(a)(1), substituted ‘‘Biennial’’ for ‘‘Annual’’ in section catchline. Subsec. (a). Pub. L. 104–304, § 15(a)(2), inserted first sentence and struck out former first sentence which read as follows: ‘‘The Secretary of Transportation shall submit to Congress not later than August 15 of each odd-numbered year a report on carrying out this chap- ter for the prior calendar year for gas and a report on carrying out this chapter for the prior calendar year for hazardous liquid.’’ Page 1791 TITLE 49—TRANSPORTATION § 60125 1995—Subsec. (a). Pub. L. 104–66 substituted ‘‘of each odd-numbered year’’ for ‘‘of each year’’ in first sen- tence of introductory provisions. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 7th and 9th items on page 135 identify reporting provisions which, as subsequently amended, are contained in this sec- tion), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 60125. Authorization of appropriations (a) GAS AND HAZARDOUS LIQUID.— (1) IN GENERAL.—From fees collected under section 60301, there are authorized to be appro- priated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid— (A) $156,400,000 for fiscal year 2021, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $63,000,000 shall be used for making grants; (B) $158,500,000 for fiscal year 2022, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $66,000,000 shall be used for making grants; and (C) $162,700,000 for fiscal year 2023, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $69,000,000 shall be used for making grants. (2) TRUST FUND AMOUNTS.—In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be ap- propriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the In- ternal Revenue Code of 1986 to carry out sec- tion 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter re- lating to hazardous liquid— (A) $27,000,000 for fiscal year 2021, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $11,000,000 shall be used for making grants; (B) $27,650,000 for fiscal year 2022, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $12,000,000 shall be used for making grants; and (C) $28,700,000 for fiscal year 2023, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $13,000,000 shall be used for making grants. (3) UNDERGROUND NATURAL GAS STORAGE FA- CILITY SAFETY ACCOUNT.—From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $8,000,000 for each of fiscal years 2021 through 2023. (4) RECRUITMENT AND RETENTION.—From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use— (A) $1,520,000 to carry out section 102(b)(1) of the PIPES Act of 2020, of which— (i) $1,292,000 shall be from amounts made available under paragraph (1)(A); and (ii) $228,000 shall be from amounts made available under paragraph (2)(A); (B) $2,300,000 to carry out section 102(b)(2)(A) of the PIPES Act of 2020, of which— (i) $1,955,000 shall be from amounts made available under paragraph (1)(A); and (ii) $345,000 shall be from amounts made available under paragraph (2)(A); (C) $1,600,000 to carry out section 102(b)(2)(B) of the PIPES Act of 2020, of which— (i) $1,360,000 shall be from amounts made available under paragraph (1)(B); and (ii) $240,000 shall be from amounts made available under paragraph (2)(B); (D) $1,800,000 to carry out section 102(b)(2)(C) of the PIPES Act of 2020, of which— (i) $1,530,000 shall be from amounts made available under paragraph (1)(C); and (ii) $270,000 shall be from amounts made available under paragraph (2)(C); (E) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2021, of which— (i) $2,086,750 shall be from amounts made available under paragraph (1)(A); and (ii) $368,250 shall be from amounts made available under paragraph (2)(A); (F) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2022, of which— (i) $2,086,750 shall be from amounts made available under paragraph (1)(B); and (ii) $368,250 shall be from amounts made available under paragraph (2)(B); and (G) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2023, of which—