H. R. 3609—15
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) DEPARTMENT OF TRANSPORTATION.—There is authorized
to be appropriated to the Secretary of Transportation for car-
rying 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, preven-
tion, 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 Transpor-
tation, 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:
‘‘§ 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 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 individ-
uals described in subsection (a) to a level found acceptable
using the methods established under subparagraph (A) and
H. R. 3609—16
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 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 qualifica-
tions. The Secretary shall ensure that the results of any such
observations are documented in writing.
‘‘(2) A requirement that the operator complete the qualifica-
tion 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 para-
graph (1).
‘‘(4) A program to provide training, as appropriate, to
ensure that individuals performing covered tasks have the nec-
essary 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 qualifica-
tion 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 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 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).
H. R. 3609—17
‘‘(5) WAIVERS AND MODIFICATIONS.—In accordance with sec-
tion 60118(c), the Secretary may waive or modify any require-
ment of this section if the waiver or modification is not incon-
sistent with pipeline safety.
‘‘(6) INACTION 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 intra-
state pipeline facility operator, the duties and powers of the Sec-
retary 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 later than 4 years after the date of enact-
ment of this section, the Secretary shall transmit to Congress
a report on the status and results to date of the personnel qualifica-
tion 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 PROGRAM FOR CERTIFICATION OF CERTAIN PIPELINE
WORKERS.—
(1) IN 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 pipe-
line facilities under which the individuals operating com-
puter-based systems for controlling the operations of pipe-
lines 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 implementa-
tion 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 oper-
ations of pipelines;
(C) any recommendations of the Secretary for requiring
the certification of all individuals who operate computer-
H. R. 3609—18
based systems for controlling the operations of pipelines;
and
(D) an assessment of the ramifications of requiring
the certification of other individuals performing safety-sen-
sitive functions for a pipeline facility.
(3) COMPUTER-BASED
SYSTEMS
DEFINED.—In this sub-
section, 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 GENERAL.—Not later than 12 months after the
date of enactment of this subsection, the Secretary shall
issue regulations prescribing standards to direct an opera-
tor’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 manage-
ment program within a time period prescribed by the Sec-
retary, 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 para-
graph (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) A baseline integrity assessment of each of the
operator’s facilities in areas identified pursuant to sub-
section (a)(1) and defined in chapter 192 of title 49, Code
of Federal Regulations, including any subsequent modifica-
tions, 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 enact-
ment. The operator shall prioritize such facilities for assess-
ment based on all risk factors, including any previously
discovered defects or anomalies and any history of leaks,