Pub. L. 112-90, sec. 2 (as amended)
CIVIL PENALTIES.
SEC. 2. CIVIL PENALTIES.
(a) General Penalties; Penalty Considerations.—Section 60122 is amended—
(1) in subsection (a)(1)—
(A) in the first sentence by striking “$100,000” and inserting “$200,000”; and
(B) in the last sentence by striking “$1,000,000” and inserting “$2,000,000”; and
(2) in subsection (b)(1)(B) by striking “the ability to pay,”.
(b) Operator Assistance in Investigations.—Section 60118(e) is amended to read as follows:
“(e) Operator Assistance in Investigations.
“(1) Assistance and access. If the Secretary or the National Transportation Safety Board investigates an accident or incident involving a pipeline facility, the operator of the facility shall—
“(A) make available to the Secretary or the Board all records and information that in any way pertain to the accident or incident, including integrity management plans and test results; and
“(B) afford all reasonable assistance in the investigation of the accident or incident.
“(2) Operator assistance in investigations.
“(A) In general. The Secretary may impose a civil penalty under section 60122 on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.
“(B) Obstructs defined.
“(i) In general. In this paragraph, the term ‘obstructs’ includes actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation without good cause.
“(ii) Good cause. In clause (i), the term ‘good cause’ may include actions such as restricting access to facilities that are not secure or safe for nonpipeline personnel or visitors.”
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(c) Administrative Penalty Caps Inapplicable.—Section 60120(a)(1) is amended by adding at the end the following: “The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.”.
(d) Judicial Review of Administrative Enforcement Orders.—Section 60119(a) is amended—
(1) in the subsection heading by striking “and Waiver Orders” and inserting “, Orders, and Other Final Agency Actions”; and
(2) by striking “about an application for a waiver under section 60118(c) or (d) of this title” and inserting “under this chapter”.