Page:United States Statutes at Large Volume 116 Part 4.djvu/565

 PUBLIC LAW 107-355—DEC. 17, 2002 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: "(1) 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.—

�