IB
Union Calendar No. 367
107TH CONGRESS
2D SESSION
H. R. 3609
[Report No. 107–605, Parts I and II]
To amend title 49, United States Code, to enhance the security and safety
of pipelines.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. YOUNG of Alaska (for himself, Mr. TAUZIN, Mr. PETRI, Mr. BARTON of
Texas, Mr. SANDLIN, Mr. CARSON of Oklahoma, and Mr. HALL of Texas)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the Committee concerned
JULY 23, 2002
Additional sponsors: Mr. PICKERING, Mr. CRAMER, Mrs. CAPITO, Mr. MATHE-
SON, Mr. LATOURETTE, Mr. LUCAS of Kentucky, Mr. SHOWS, Mr.
NETHERCUTT, Mr. BARCIA, Mr. ENGLISH, Mr. RADANOVICH, Mr. COM-
BEST, Mr. QUINN, Mr. STENHOLM, Mr. MORAN of Kansas, Mr. NOR-
WOOD, Mr. CULBERSON, Mr. BLUNT, Mr. POMBO, Mr. DUNCAN, Mr.
BAKER, Mr. PLATTS, Mr. BISHOP, Mr. REYES, Mr. BROWN of South
Carolina, Mr. MOLLOHAN, Mr. SHUSTER, Mr. NEY, Mr. COOKSEY, Mr.
KINGSTON, Mr. LAMPSON, Mr. OTTER, Mr. BRYANT, Mr. SULLIVAN, Mr.
WALDEN of Oregon, and Mr. FOSSELLA
JULY 23, 2002
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 23, 2002
Reported from the Committee on Energy and Commerce with an amendment;
committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on December 20, 2001]
A BILL
To amend title 49, United States Code, to enhance the
security and safety of pipelines.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Pipeline Infrastructure Protection To Enhance Security
and Safety Act’’.
(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 provi-
sion, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code; table of contents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Public education programs.
Sec. 5. State oversight role.
Sec. 6. Community right-to-know and emergency preparedness.
Sec. 7. Safety and security orders.
Sec. 8. Penalties.
Sec. 9. Population encroachment.
Sec. 10. Additional gas pipeline protections.
Sec. 11. Pipeline integrity research, development, and demonstration.
Sec. 12. Qualification of pipeline personnel.
Sec. 13. Security of pipeline facilities.
Sec. 14. National pipeline mapping system.
Sec. 15. Administrative process for permitting a pipeline repair activity.
Sec. 16. Pipeline security-sensitive information.
Sec. 17. Technical amendments.
Sec. 18. Authorization of appropriations.
Sec. 19. Protection of employees providing pipeline safety information.
Sec. 20. Pipeline bridge risk study.
SEC. 2. ONE-CALL NOTIFICATION PROGRAMS.
(a) 
MINIMUM
STANDARDS.—Section 
6103 
is
amended—
(1) in subsection (a)—
(A) in paragraph (1) by inserting ‘‘, in-
cluding all government operators’’ before the
semicolon at the end; and
(B) in paragraph (2) by inserting ‘‘, in-
cluding 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.—Sec-
tion 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 GUIDE-
LINES.—
(1) IN GENERAL.—Section 6105 is amended to
read as follows:
‘‘§ 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 gov-
ernment and contract excavators), and underground facility
operators to adopt and implement practices identified in
the best practices report entitled ‘Common Ground’, as peri-
odically updated.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to and participate in programs
sponsored by a non-profit organization specifically estab-
lished for the purpose of reducing construction-related dam-
age to underground facilities.
‘‘(c) GRANTS.—
‘‘(1) IN
GENERAL.—The Secretary may make
grants to a non-profit organization described in sub-
section (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 fis-
cal years 2002 through 2005. Such sums shall remain
available until expended.
‘‘(3) GENERAL REVENUE FUNDING.—Any sums
appropriated under this subsection shall be derived
(b) MINIMUM REQUIREMENTS.—Section 60114(a)(2)
is amended by inserting ‘‘, including a government em-
ployee 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’’; and
(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 re-
port the damage promptly to the operator of the
pipeline facility and to other appropriate au-
thorities; or’’.
SEC. 4. PUBLIC EDUCATION PROGRAMS.
(a) SECURITY
AND SAFETY STANDARDS.—Section
60102(b) is amended—
(1) in the subsection heading by striking ‘‘PRAC-
TICABILITY AND SAFETY NEEDS STANDARDS’’ and in-
serting ‘‘SECURITY AND SAFETY STANDARDS’’;
(2) in paragraph (1)(B)(i)—
(A) by striking ‘‘safety’’ and inserting
‘‘safety and security’’; and
(B) by striking ‘‘safely’’ and inserting
‘‘safely and securely’’;
(3) in paragraph (2)(A)—
(A) by striking ‘‘and’’ at the end of clause
(ii);
(B) by adding ‘‘and’’ at the end of clause
(iii); and
(C) by adding at the end the following:
‘‘(iv) security information;’’;
(4) in paragraph (2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (F);
(B) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(H) the comments and recommendations of
the Office of Homeland Security and the Trans-
portation Security Administration.’’; and
(5) in paragraph (3)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(B) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) assess the vulnerabilities of pipeline
facilities to terrorist attacks.’’.
(b) PUBLIC SAFETY PROGRAM REQUIREMENTS.—Sec-
tion 60102(c) is amended to read as follows:
‘‘(c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall include
in the standards prescribed under subsection (a) a re-
quirement that the operator of a pipeline facility par-
ticipate in a public safety program that—
‘‘(A) notifies an operator of proposed demo-
lition, excavation, tunneling, or construction
near or affecting the facility;
‘‘(B) requires an operator to identify a
pipeline facility that may be affected by the pro-
posed demolition, excavation, tunneling, or con-
struction, to prevent damaging the facility; and
‘‘(C) the Secretary decides will protect a fa-
cility adequately against a hazard caused by
demolition, excavation, tunneling, or construc-
tion.
‘‘(2) COMPARABLE SERVICES.—To the extent a
public safety program referred to in paragraph (1) is
not available, the Secretary shall prescribe standards
requiring an operator to take action to provide serv-
ices comparable to services that would be available
under a public safety program.
‘‘(3) PROMOTING PUBLIC SAFETY.—
‘‘(A) PROVISION
OF
MAP
TO
MUNICIPALI-
TIES.—The operator of a hazardous liquid or
interstate gas pipeline facility shall provide on
an annual basis to the governing body of each
municipality in which the facility is located, a
map identifying the location of the facility.
‘‘(B) SURVEY.—The Secretary shall periodi-
cally survey and assess the public education pro-
grams under section 60116 and the public safety
programs under this subsection and determine
their effectiveness and applicability as compo-
nents of a model program. In particular, the
survey shall include—
‘‘(i) the methods by which operators
notify residents of the location of the facility
and its right of way;
‘‘(ii) public information regarding ex-
isting One-Call programs; and
‘‘(iii) appropriate procedures to be fol-
lowed by residents of affected municipalities
in the event of accidents involving interstate
pipeline facilities.
‘‘(C) RULEMAKING.—The Secretary shall
institute a rulemaking to determine the most ef-
fective public safety and education program com-
ponents and promulgate standards implementing
those components on a nationwide basis. Such
standards shall establish appropriate limitations
on access to maps provided under subparagraph
(A) based on the need for security of the informa-
tion.
‘‘(D) TECHNICAL
ASSISTANCE.—The Sec-
retary may provide technical assistance to State
and local officials in applying practices devel-
oped as part of the programs required under this
subsection and section 60116 to their activities to
educate and promote pipeline safety with the
public.’’.
SEC. 5. STATE OVERSIGHT ROLE.
(a) STATE AGREEMENTS WITH CERTIFICATION.—Sec-
tion 60106 is amended—
(1) in subsection (a) by striking ‘‘GENERAL AU-
THORITY.—’’ and inserting ‘‘AGREEMENTS WITHOUT
CERTIFICATION.—’’;
(2) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) AGREEMENTS WITH CERTIFICATION.—
‘‘(1) IN GENERAL.—If the Secretary accepts a
certification under section 60105 and makes the deter-
mination required under this subsection, the Sec-
retary may make an agreement with a State author-
ity authorizing it to participate in the oversight of
interstate pipeline transportation. Each such agree-
ment shall include a plan for the State authority to
participate in special investigations involving inci-
dents or new construction and allow the State author-
ity to participate in other activities overseeing inter-
state 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 stand-
ards prescribed under this chapter to a State author-
ity.
‘‘(2) DETERMINATIONS
REQUIRED.—The Sec-
retary 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 Sec-
2003, whichever is sooner. Nothing in this paragraph
shall prevent the Secretary, after affording the State
notice, hearing, and an opportunity to correct any al-
leged deficiencies, from terminating an agreement
that was in effect before enactment of the Pipeline In-
frastructure Protection To Enhance Security and
Safety Act 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:
‘‘(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 com-
plied with any provision of the agreement.
‘‘(2) MANDATORY
TERMINATION
OF
AGREE-
MENT.—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 sub-
section (b); or
‘‘(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation would not promote pipeline safe-
ty.
‘‘(3) PROCEDURAL
REQUIREMENTS.—The Sec-
retary shall give notice and an opportunity for a
hearing to a State authority before ending an agree-
ment under this section. The Secretary may provide
a State an opportunity to correct any deficiencies be-
fore ending an agreement. 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 im-
minent hazard.’’.
(c) SECRETARY’S RESPONSE TO STATE NOTICES OF
VIOLATIONS.—Subsection (c) of section 60106 (as redesig-
nated 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 BY SECRETARY.—If a State au-
thority 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 des-
ignated by this subsection) with paragraph (2) (as
added by this subsection).
SEC. 6. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY
PREPAREDNESS.
(a) IN GENERAL.—Section 60116 is amended to read
as follows:
‘‘§ 60116. Community right-to-know and emergency
preparedness
‘‘(a) PUBLIC EDUCATION PROGRAMS.—
‘‘(1) IN GENERAL.—Each operator of a gas pipe-
line or hazardous liquid pipeline facility shall carry
out a continuing program to educate the public on—
‘‘(A) the use of a one-call notification sys-
tem prior to excavation and other damage pre-
vention activities;
‘‘(B) the possible hazards associated with
unintended releases from the pipeline facility;
‘‘(C) the physical indications that such a
release may have occurred;
‘‘(D) what steps should be taken for public
safety in the event of a pipeline release; and
‘‘(E) how to report such an event.
‘‘(2) REVIEW
OF
EXISTING
PROGRAMS.—Not
later than 1 year after the date of enactment of this
paragraph, each operator of a gas pipeline or haz-
ardous liquid pipeline facility shall review its exist-
ing public education program for effectiveness and
modify the program as necessary. The completed pro-
gram shall be reviewed by the Secretary of Transpor-
tation as an element of Departmental inspections.
‘‘(3) STANDARDS.—The Secretary may issue
standards prescribing the details of a public edu-
cation program and providing for periodic review of
the program’s effectiveness and modification as need-
ed. The Secretary may also develop material for use
in the program.
‘‘(4) TECHNICAL
ASSISTANCE.—The Secretary
may provide technical assistance on public safety and
public education programming regarding pipeline
safety as follows:
‘‘(A) TO PIPELINE INDUSTRY.—To the pipe-
line industry, technical assistance on—
‘‘(i) developing public safety and pub-
lic education program content; and
‘‘(ii) using best practices for program
delivery and on evaluating the effectiveness
of the programs.
‘‘(B) TO STATE AND LOCAL OFFICIALS.—To
State and local officials, technical assistance on
applying practices developed in public safety
and public education programs to their activities
to promote pipeline safety.
‘‘(b) PUBLIC AVAILABILITY OF REPORTS.—The Sec-
retary shall make available to the public a safety-related
condition report filed by an operator under section
60102(h) and, except as provided in section 60117(d)(2),
a report of a pipeline incident filed by an operator under
this chapter.
‘‘(c) EMERGENCY PREPAREDNESS.—
‘‘(1) OPERATOR LIAISON.—Not later than 1 year
after the date of enactment of this subsection, each op-
erator of a gas pipeline or hazardous liquid pipeline
facility shall initiate and maintain liaison with the
State emergency response commissions, and local
emergency planning committees in the areas of pipe-
line right-of-way, established under section 301 of the
Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001) in each State
in which it operates.
‘‘(2) EMERGENCY RESPONSE PLANS.—The Sec-
retary shall prescribe standards to require each oper-
ator of a gas pipeline or hazardous liquid pipeline
facility—
‘‘(A) to develop an emergency response plan
for responding to incidents involving the facility;
and
‘‘(B) to make the plan available upon re-
quest to State and local officials.
‘‘(3) COOPERATION
WITH
LOCAL
OFFICIALS.—
Each operator of a gas pipeline or hazardous liquid
pipeline facility shall work in cooperation with State
and local officials in the development of State and
local emergency response plans for responding to inci-
dents involving the facility.
‘‘(d) EMERGENCY RESPONSE GRANTS.—The Secretary
may establish a program for making grants to State, coun-
ty, and local governments in high consequence areas, as
such an area is defined by the Secretary, for emergency re-
sponse management, training, and technical assistance.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is amended by striking the item relating to sec-
tion 60116 and inserting the following:
‘‘60116. Community right-to-know and emergency preparedness.’’.
SEC. 7. SAFETY AND SECURITY ORDERS.
Section 60117 is amended by adding at the end the
following:
‘‘(l) SAFETY ORDERS.—If the Secretary decides that
a pipeline facility has a potentially unsafe condition, the
Secretary may order the operator of the facility to take nec-
essary corrective action, including physical inspection, test-
ing, repair, replacement, or other appropriate action to
remedy the unsafe condition.
‘‘(m) SECURITY ORDERS.—If the Secretary decides
that a pipeline facility has a vulnerability to terrorist at-
tacks, the Secretary may order that the operator of the facil-
ity take necessary actions to eliminate or reduce the vulner-
ability.’’.
SEC. 8. PENALTIES.
(a) 
CIVIL
PENALTIES.—Section 
60122(a)(1) 
is
amended—
(1) 
by 
striking 
‘‘$25,000’’ 
and 
inserting
‘‘$50,000’’; and
(2) by striking ‘‘$500,000’’ and inserting
‘‘$750,000’’.
(b) CRIMINAL
PENALTIES.—Section 60123(b) is
amended by inserting ‘‘as an act of terrorism or for any
other purpose’’ before ‘‘shall be fined’’.
SEC. 9. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
‘‘§ 60127. Population encroachment
‘‘(a) STUDY.—The Secretary of Transportation, in
consultation with appropriate Federal agencies and State
and local governments, shall undertake a study of land use
practices and zoning ordinances with regard to pipeline
rights-of-way.
‘‘(b) PURPOSE OF STUDY.—The purpose of the study
shall be to gather information on land use practices and
zoning ordinances—
‘‘(1) to determine effective practices to limit en-
croachment on existing pipeline rights-of-way;
‘‘(2) to address and prevent the hazards and
risks to the public and the environment associated
with encroachment on pipeline rights-of-way; and
‘‘(3) to raise the awareness of the risks and haz-
ards of encroachment on pipeline rights-of-way.
‘‘(c) CONSIDERATIONS.—In conducting the study, the
Secretary shall consider, at a minimum, the following:
‘‘(1) The legal authority of Federal agencies and
State and local governments in controlling land use
and the limitations on such authority.
‘‘(2) The current practices of Federal agencies
and State and local governments in addressing land
use issues involving a pipeline easement.
‘‘(3) The most effective way to encourage Federal
agencies and State and local governments to monitor
and reduce encroachment upon pipeline rights-of-way.
‘‘(d) REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this subsection, the Secretary
shall publish a report identifying practices, laws, and
ordinances that are most successful in addressing
issues of encroachment on pipeline rights-of-way so as
to more effectively protect public safety and the envi-
ronment.
‘‘(2) DISTRIBUTION OF REPORT.—The Secretary
shall provide a copy of the report to—
‘‘(A) Congress and appropriate Federal
agencies; and
‘‘(B) States for further distribution to ap-
propriate local authorities.
‘‘(3) ADOPTION OF PRACTICES, LAWS, AND ORDI-
NANCES.—The Secretary shall encourage Federal
agencies and State and local governments to adopt
and implement appropriate practices, laws, and ordi-
nances, as identified in the report, to address the risks
and hazards associated with encroachment upon pipe-
line rights-of-way.
‘‘(e) LOCAL ASSISTANCE.—
‘‘(1) IN GENERAL.—In conducting the study and
preparing the report under this section, the Secretary
shall consult with a group of State and local officials
selected by the Secretary. The Secretary shall begin
consulting with the group not later than 90 days after
the date of enactment of this subsection.
‘‘(2) MEMBERSHIP.—The group shall be com-
posed of members selected by the Secretary from
among elected officials of State and local governments
representing areas in which pipeline facilities are lo-
cated. At least one of the members shall be an elected
official of a local government with a population of
less than 10,000.
‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.—The
Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the group established under this
subsection.’’.
SEC. 10. ADDITIONAL GAS PIPELINE PROTECTIONS.
(a) RISK ANALYSIS
AND INTEGRITY MANAGEMENT
PROGRAMS.—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
transmission pipeline facility shall conduct an anal-
ysis of the risks to each facility of the operator in an
area identified pursuant to subsection (a)(1) and
shall adopt and implement a written integrity man-
agement program for such facility to reduce the risks.
‘‘(2) REGULATIONS.—Not later than 18 months
after the date of the enactment of this subsection, the
Secretary shall issue regulations prescribing stand-
ards to direct an operator’s conduct of a risk analysis
and adoption and implementation of an integrity
management program under this subsection. The reg-
ulations shall require the conduct of the risk analysis
and adoption of the integrity management program
to occur within a time period prescribed by the Sec-
retary, not to exceed 1 year after the issuance of such
regulations. The Secretary may satisfy the require-
ments of this paragraph through the issuance of regu-
lations 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 subsection (a)(1), to be completed
not later than 10 years after the date of the
adoption of the integrity management program,
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.
‘‘(B) Subject to paragraph (4), periodic re-
inspection of the facility, at a minimum of once
every 7 years, using methods described in sub-
paragraph (A).
‘‘(4) WAIVERS AND MODIFICATIONS.—In accord-
ance with section 60118(c), the Secretary may waive
or modify any requirement for reinspection of a facil-
ity under paragraph (3)(B) for reasons that may in-
clude the need to maintain local product supply or
the lack of internal inspection devices if the Secretary
determines that such waiver is not inconsistent with
pipeline safety.
‘‘(5) CONSIDERATIONS.—In developing standards
under paragraph (2), the Secretary shall take into
consideration the following:
‘‘(A) The level of safety, the characteristics
of the gas, the application of existing or new
technology, the results of technical studies by rec-
ognized experts and previous assessments, histor-
ical performance of gas pipelines, engineering
criteria for determining the severity of threats to
integrity, the availability of inspection equip-
ment and analytical personnel, the security and
reliability of supply, and the impact on gas
prices to consumers.
‘‘(B) The appropriateness of the application
of various assessment methodologies, taking into
account the nature of the anomalies of specific
pipeline segments under investigation, including
such methodologies as direct assessment, hydro-
static testing, in-line inspection, and other effec-
tive methods.
‘‘(C) The application of a prescriptive or
performance-based means of compliance (or a
combination thereof).
‘‘(D) Incorporation of applicable national
consensus standards to create a consistent and
effective approach to risk assessment and
prioritization, high consequence areas, pipeline
facility inspection, integrity management, and
repair requirements for managing pipeline integ-
rity.
‘‘(E) The effectiveness of review and over-
sight of an operator’s integrity management
plan by a designated pipeline safety authority.
‘‘(6) ADDITIONAL
OPTIONAL
STANDARDS.—The
Secretary may also prescribe standards requiring an
operator of a pipeline facility to include in an integ-
rity management program under this subsection—
‘‘(A) changes to valves or the establishment
or modification of systems that monitor pressure
and detect leaks based on the operator’s risk
analysis; and
‘‘(B) the use of emergency flow restricting
devices.
‘‘(7) INACTION BY THE SECRETARY.—Notwith-
standing any failure of the Secretary to prescribe
standards as described in paragraph (2), an operator
of a pipeline facility shall conduct a risk analysis
and adopt and implement an integrity management
program under paragraph (1) not later than 30
months after the date of the enactment of this sub-
section.
‘‘(8) REVIEW OF INTEGRITY MANAGEMENT PRO-
GRAMS.—
‘‘(A) REVIEW OF PROGRAMS.—
‘‘(i) IN GENERAL.—The Secretary shall
review a risk analysis and integrity man-
agement program under paragraph (1) and
record the results of that review for use in
the next review of an operator’s program.
‘‘(ii) CONTEXT OF REVIEW.—The Sec-
retary may conduct a review under clause
(i) as an element of the Secretary’s inspec-
tion of an operator.
‘‘(iii) INADEQUATE PROGRAMS.—If the
Secretary determines that a risk analysis or
integrity management program does not
comply with the requirements of this sub-
section or regulations issued as described in
paragraph (2), or is inadequate for the safe
operation of a pipeline facility, the Sec-
retary shall act under section 60108(a)(2)
to require the operator to revise the risk
analysis or integrity management program.
‘‘(B) AMENDMENTS
TO
PROGRAMS.—In
order to facilitate reviews under this paragraph,
an operator of a pipeline facility shall notify the
Secretary of any amendment made to the opera-
tor’s integrity management program not later
than 30 days after the date of adoption of the
amendment.
‘‘(C) TRANSMITTAL OF PROGRAMS TO STATE
AUTHORITIES.—The Secretary shall provide a
copy of each risk analysis and integrity manage-
ment program reviewed by the Secretary under
this paragraph to any appropriate State author-
ity with which the Secretary has entered into an
agreement under section 60106.
‘‘(9) STATE REVIEW OF INTEGRITY MANAGEMENT
PLANS.—A State authority that enters into an agree-
ment pursuant to section 60106, permitting the State
authority to review the risk analysis and integrity
management program pursuant to paragraph (8),
may provide the Secretary with a written assessment
of the risk analysis and integrity management pro-
gram, make recommendations, as appropriate, to ad-
dress safety concerns not adequately addressed by the
operator’s risk analysis or integrity management pro-
gram, and submit documentation explaining the
State-proposed revisions. The Secretary shall consider
carefully the State’s proposals and work in consulta-
tion with the States and operators to address safety
concerns.
‘‘(10) APPLICATION
OF
STANDARDS.—Section
60104(b) shall not apply to this section.’’.
(b) INTEGRITY MANAGEMENT REGULATIONS.—Section
60109 is further amended by adding at the end the fol-
lowing:
‘‘(d) EVALUATION OF INTEGRITY MANAGEMENT REGU-
LATIONS.—Not later than 5 years after the date of enact-
ment of this subsection, the Secretary shall complete an as-
sessment and evaluation of the effects on public safety and
the environment of the requirements for the implementation
of integrity management programs contained in the stand-
ards prescribed as described in subsection (c)(2).’’.
(c) CONFORMING AMENDMENT.—Section 60118(a) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) conduct a risk analysis, and adopt and im-
plement an integrity management program, for pipe-
line facilities as required under section 60109(c).’’.
(d) STUDY OF PERFORMANCE-BASED WAIVERS FOR
REINSPECTION INTERVALS.—
(1) STUDY.—The Secretary of Transportation
shall conduct a study to determine the feasibility of
extending the 7-year reinspection interval required by
section 60109(c)(3)(B) of title 49, United States Code,
on a case-by-case basis, as an incentive for pipeline
operators whose integrity management plans exceed
the minimum requirements for inspections and re-
pairs under section 60109(c) of such title and provide
a greater level of safety than such requirements.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Secretary shall
transmit to Congress a report on the results of the
study conducted, together with such recommendations
as the Secretary may have regarding extension of the
reinspection interval.
SEC. 11. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
(a) ESTABLISHMENT OF COOPERATIVE PROGRAM.—
(1) IN GENERAL.—The heads of the participating
agencies shall develop and implement a program of
research, development, demonstration, and standard-
ization to ensure the integrity of energy pipelines and
next-generation pipelines.
(2) ELEMENTS.—The program shall include re-
search, development, demonstration, and standardiza-
tion activities related to—
(A) materials inspection;
(B) stress and fracture analysis, detection of
cracks, corrosion, abrasion, and other abnormali-
ties inside pipelines that lead to pipeline failure,
and development of new equipment or tech-
nologies that are inserted into pipelines to detect
anomalies;
(C) internal inspection and leak detection
technologies, including detection of leaks at very
low volumes;
(D) methods of analyzing content of pipe-
line throughput;
(E) pipeline security, including improving
the real-time surveillance of pipeline rights-of-
way, developing tools for evaluating and enhanc-
ing pipeline security and infrastructure, reduc-
ing natural, technological, and terrorist threats,
and protecting first response units and persons
near an incident;
(F) risk assessment methodology, including
vulnerability assessment and reduction of third-
party damage;
(G) communication, control, and informa-
tion systems surety;
(H) fire safety of pipelines;
(I) improved excavation, construction, and
repair technologies; and
(J) other elements the heads of the partici-
pating agencies consider appropriate.
(3) ACTIVITIES AND CAPABILITIES REPORT.—Not
later than 6 months after the date of enactment of this
Act, the participating agencies shall transmit to Con-
gress a report on the existing activities and capabili-
ties of the participating agencies, including the na-
tional laboratories. The report shall include the re-
sults of a survey by the participating agencies of any
activities of other Federal agencies that are relevant
to or could supplement existing research, development,
demonstration, and standardization activities under
the program created under this section.
(b) PROGRAM PLAN.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the participating
agencies shall prepare and transmit to Congress a 5-
year program plan to guide activities under this sec-
tion. Such program plan shall be submitted to the
Pipeline Integrity Technical Advisory Committee es-
tablished under subsection (c) for review, and the re-
port to Congress shall include the comments of the
Advisory Committee. The 5-year program plan shall
take into account related activities of Federal agencies
that are not participating agencies.
(2) CONSULTATION.—In preparing the program
plan, the participating agencies shall seek the advice
of other Federal agencies, appropriate representatives
of State and local government and the private sector,
including companies owning energy pipelines and de-
velopers of next-generation pipelines, utilities, manu-
facturers, institutions of higher learning, pipeline re-
search institutions, national laboratories, environ-
mental organizations, pipeline safety advocates, pro-
fessional and technical societies, and any other appro-
priate entities to help establish program priorities.
(c) PIPELINE INTEGRITY TECHNICAL ADVISORY COM-
MITTEE.—
(1) ESTABLISHMENT.—The participating agen-
cies shall establish and manage a Pipeline Integrity
Technical Advisory Committee (in this subsection re-
ferred to as the ‘‘Advisory Committee’’). The Advisory
Committee shall be established not later than 6
months after the date of enactment of this Act.
(2) DUTIES.—The Advisory Committee shall—
(A) advise the participating agencies on the
development and implementation of the program
plan prepared under subsection (b); and
(B) have a continuing role in evaluating
the progress and results of research, development,
demonstration, and standardization activities
carried out under this section.
(3) MEMBERSHIP.—
(A) APPOINTMENT.—The Advisory Com-
mittee shall be composed of—
(i) 3 members appointed by the Sec-
retary of Energy;
(ii) 3 members appointed by the Sec-
retary of Transportation; and
(iii) 3 members appointed by the Di-
rector of the National Institute of Standards
and Technology.
In making appointments, the participating
agencies shall seek recommendations from the
National Academy of Sciences.
(B) QUALIFICATIONS.—Members appointed
to the Advisory Committee shall have experience
or be technically qualified, by training or knowl-
edge, in the operations of the pipeline industry,
and have experience in the research and develop-
ment of pipeline or related technologies.
(C) COMPENSATION.—The members of the
Advisory Committee shall serve without com-
pensation, but shall receive travel expenses, in-
cluding per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5,
United States Code.
(4) MEETINGS.—The Advisory Committee shall
meet at least 4 times each year.
(5) TERMINATION.—The Advisory Committee
shall terminate 5 years after its establishment.
(d) REPORTS TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, and annually there-
after, the participating agencies shall each transmit to Con-
gress a report on the status and results to date of the imple-
mentation of their portion of the program plan prepared
under subsection (b).
(e) MEMORANDUM
OF UNDERSTANDING.—Not later
than 120 days after the date of enactment of this Act, the
participating agencies shall enter into a memorandum of
understanding detailing their respective responsibilities
under this section, consistent with the activities and capa-
bilities identified under subsection (a)(3). Each of the par-
ticipating agencies shall have the primary responsibility for
ensuring that the elements of the program plan within its
jurisdiction are implemented in accordance with this sec-
tion. The Department of Transportation’s responsibilities
shall reflect its expertise in pipeline inspection and infor-
mation systems surety. The Department of Energy’s respon-
sibilities shall reflect its expertise in low-volume leak detec-
tion and surveillance technologies. The National Institute
of Standards and Technology’s responsibilities shall reflect
its expertise in standards and materials research.
(f) DEFINITIONS.—In this section, the following defini-
tions apply:
(1) ENERGY PIPELINE.—The term ‘‘energy pipe-
line’’ means a pipeline system used in the trans-
mission or local distribution of natural gas (includ-
ing liquefied natural gas), crude oil, or refined petro-
leum products.
(2) NEXT-GENERATION
PIPELINE.—The term
‘‘next-generation pipeline’’ means a transmission or
local distribution pipeline system designed to trans-
mit energy or energy-related products, in liquid or
gaseous form, other than energy pipelines.
(3) PARTICIPATING AGENCIES.—The term ‘‘par-
ticipating agencies’’ means the Department of En-
ergy, the Department of Transportation, and the Na-
tional Institute of Standards and Technology.
(4) PIPELINE.—The term ‘‘pipeline’’ means an
energy pipeline or a next-generation pipeline.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated—
(1) to the Secretary of Energy $10,000,000;
(2) 
to 
the 
Secretary 
of 
Transportation
$5,000,000; and
(3) to the National Institute of Standards and
Technology $5,000,000,
for each of the fiscal years 2003 through 2007 for carrying
out this section.
SEC. 12. QUALIFICATION OF PIPELINE PERSONNEL.
(a) QUALIFICATION PROGRAMS.—
(1) IN
GENERAL.—Chapter 601 is further
amended by adding at the end the following:
‘‘§ 60129. Qualification of pipeline personnel
‘‘(a) QUALIFICATION PROGRAM.—Not later than one
year after the date of enactment of this section, each oper-
ator of a gas pipeline or hazardous liquid pipeline facility
shall adopt and implement a written qualification program
that ensures that all individuals performing covered tasks
for the facility are qualified to perform such tasks.
‘‘(b) ELEMENTS OF QUALIFICATION PROGRAMS.—A
qualification program adopted by an operator under sub-
section (a) shall include, at a minimum, the following ele-
ments:
‘‘(1) A method for examining or testing the
qualifications of individuals performing covered tasks
for the facility. Such method may not be limited to
observation of on-the-job performance unless such ob-
servation includes a written performance evaluation.
‘‘(2) A requirement that the operator complete
the qualification of all individuals performing covered
tasks for the facility not later than 18 months after
the date of adoption of the program.
‘‘(3) A periodic requalification component that
provides for examination or testing of individuals in
accordance with paragraph (1).
‘‘(c) REVIEW OF QUALIFICATION PROGRAMS.—
‘‘(1) REVIEW OF PROGRAMS.—
‘‘(A) IN
GENERAL.—The Secretary or a
State authority responsible for enforcing stand-
ards prescribed under this chapter shall review
the qualification program of an operator and
record the results of that review for use in the
next review of an operator’s program.
‘‘(B) CONTEXT OF REVIEW.—The Secretary
or State authority may conduct a review under
subparagraph (A) as an element of its inspection
of an operator.
‘‘(C) INADEQUATE PROGRAMS.—If the Sec-
retary or a State authority determines that a
qualification program is inadequate for the safe
operation of a pipeline facility, the Secretary or
State 
authority 
shall 
act 
under 
section
60108(a)(2) to require the operator to revise the
qualification program.
‘‘(2) AMENDMENTS TO PROGRAMS.—In order to
facilitate reviews under this subsection, an operator
shall notify the Secretary or State authority, as ap-
propriate, of any amendment made to the operator’s
qualification program not later than 30 days after
the date of adoption of the amendment.
‘‘(3) WAIVERS AND MODIFICATIONS.—In accord-
ance with section 60118(c), the Secretary may waive
or modify any requirement of this section.
‘‘(d) 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, as in effect on
the date of enactment of this section; and
‘‘(2) with respect to a hazardous liquid pipeline
facility, has the meaning such term has under section
195.501 of such title, as in effect on the date of enact-
ment of this section.’’.
(2) CONFORMING AMENDMENT.—The analysis for
chapter 601 is further amended by adding at the end
the following:
‘‘60129. Qualification of pipeline personnel.’’.
(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 supervisory control and
data acquisition (referred to in this subsection as
‘‘SCADA’’) systems for controlling the operations
of pipelines; and
(B) establish and carry out a pilot program
for 3 pipeline facilities under which the individ-
uals operating SCADA systems for controlling
the operations of pipelines at such facilities are
required to be certified under the process estab-
lished under subparagraph (A).
(2) REPORT.—Not later than 5 years after the
date of enactment of this Act, the Secretary shall
transmit to Congress a report on the results of the
pilot program. The report shall include—
(A) a description of the pilot program and
implementation of the pilot program at each of
the 3 pipeline facilities;
(B) an evaluation of the pilot program, in-
cluding the effectiveness of the process for certi-
fying individuals who operate SCADA systems
for controlling the operations of pipelines;
(C) any recommendations of the Secretary
for requiring the certification of all individuals
who operate SCADA systems for controlling the
operations of pipelines; and
(D) an assessment of the ramifications of
requiring the certification of other individuals
performing safety-sensitive functions for a pipe-
line facility.
(3) REPORT ON OPERATOR QUALIFICATION RULE
IMPLEMENTATION.—Not later than 2 years after the
date of the enactment of this section, the Secretary
shall transmit to Congress a report on the implemen-
tation of the operator qualification rule issued by the
Secretary in August 1999.
SEC. 13. SECURITY OF PIPELINE FACILITIES.
(a) IN GENERAL.—Chapter 601 is further amended by
adding at the end the following:
‘‘§ 60130. Security of pipeline facilities
‘‘(a) TERRORISM SECURITY PROGRAMS.—
‘‘(1) IN GENERAL.—Subject to the requirements
of this subsection, the Secretary of Transportation
shall require the operator of a pipeline facility to de-
velop and implement a terrorism security program.
‘‘(2) CONTENTS OF PROGRAMS.—
‘‘(A) IN
GENERAL.—A terrorism security
program of a pipeline operator shall consist of
written procedures to follow and actions to take
in the event of a terrorist attack on a pipeline
facility or an attack on other infrastructure fa-
cilities in the United States. Such procedures
shall include procedures for communicating with
military, law enforcement, emergency service,
and other appropriate State and local govern-
ment and non-government entities.
‘‘(B) STANDARD.—A terrorism security pro-
gram of a pipeline operator shall require the op-
erator to establish and implement reasonable
procedures to safeguard the pipeline facility and
safely maintain its operations.
‘‘(3) APPROVAL OF PROGRAMS.—Not later than 1
year after the date of enactment of this section, the
Secretary shall conduct a review of, and approve or
disapprove, the terrorism security program of each
pipeline operator. The Secretary shall prescribe proce-
dures for the review and standards for the approval
of such programs.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance to an operator of a pipeline
facility, or to State, tribal, or local officials, to prevent or
respond to acts of terrorism that may affect the pipeline
facility. Such technical assistance may include at a
minimum—
‘‘(1) actions by the Secretary that support the
use of National Guard or State or Federal personnel
to provide additional security for a pipeline facility
at risk of terrorist attack or in response to such an
attack;
‘‘(2) use of resources available to the Secretary to
develop and implement security measures for a pipe-
line facility;
‘‘(3) identification of security issues with respect
to the operation of a pipeline facility; and
‘‘(4) the provision of information and guidance
on security practices that prevent damage to pipeline
facilities from terrorist attacks.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is further amended by adding at the end the
following:
‘‘60130. Security of pipeline facilities.’’.
SEC. 14. NATIONAL PIPELINE MAPPING SYSTEM.
(a) IN GENERAL.—Chapter 601 is further amended by
adding at the end the following:
‘‘§ 60131. National pipeline mapping system
‘‘(a) INFORMATION TO BE PROVIDED.—Not later than
30 days after the date of enactment of this section, the oper-
ator of a pipeline facility shall provide to the Secretary of
Transportation the following information with respect to
the facility:
‘‘(1) Geospatial data appropriate for use in the
National Pipeline Mapping System or data in a for-
mat that can be readily converted to geospatial data.
‘‘(2) The name and address of the person with
primary operational control to be identified as its op-
erator for purposes of this chapter.
‘‘(3) A means for a member of the public to con-
tact the operator for additional information about the
pipeline facilities it operates.
‘‘(b) UPDATES.—A person providing information
under subsection (a) shall provide to the Secretary periodic
updates of the information to reflect changes in the pipeline
facility owned or operated by the person and as otherwise
required by the Secretary.
‘‘(c) TECHNICAL ASSISTANCE TO IMPROVE LOCAL RE-
SPONSE CAPABILITIES.—The Secretary may provide tech-
nical assistance to State and local officials to improve local
response capabilities for pipeline emergencies by adapting
information available through the National Pipeline Map-
ping System to software used by emergency response per-
sonnel responding to pipeline emergencies.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is further amended by adding at the end the
following:
‘‘60131. National pipeline mapping system.’’.
SEC. 15. ADMINISTRATIVE PROCESS FOR PERMITTING OF
PIPELINE REPAIR ACTIVITY.
(a) IN GENERAL.—Chapter 601 is further amended by
adding at the end the following:
‘‘§ 60132. Administrative process for permitting of
pipeline repair activity
‘‘(a) INTERAGENCY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—Within 30 days after the
date of enactment of the Pipeline Infrastructure Pro-
tection to Enhance Security and Safety Act, the
President shall establish an Interagency Committee
on Pipeline Repair Permitting (in this section re-
ferred to as the ‘Interagency Committee’).
‘‘(2) MEMBERSHIP.—The Chairman of the Coun-
cil on Environmental Quality (or a designee of the
Chairman) shall chair the Interagency Committee,
which shall also include each of the following persons
(or a designee thereof):
‘‘(A) The Secretary.
‘‘(B) The Administrator of the Environ-
mental Protection Agency.
‘‘(C) The Director of the United States Fish
and Wildlife Service.
‘‘(D) The Assistant Administrator for Fish-
eries of the National Oceanic and Atmospheric
Administration.
‘‘(E) The Director of the Bureau of Land
Management.
‘‘(F) The Director of the Minerals Manage-
ment Service.
‘‘(G) The Assistant Secretary of the Army
for Civil Works.
‘‘(H) The Chairman of the Federal Energy
Regulatory Commission.
‘‘(3) PURPOSES.—The Interagency Committee
shall evaluate current Federal permitting require-
ments to which access, excavation, and restoration ac-
tivities in connection with pipeline repairs may be
subject and shall recommend to the Secretary a proc-
ess by which owners or operators of pipelines (in this
section referred to as ‘pipeline operators’) may com-
mence and complete all such activities necessary to
carry out pipeline repairs that must be completed
within time periods specified by rule by the Secretary
under the integrity management program. As part of
its evaluation, the Interagency Committee shall exam-
ine access, excavation, and restoration activities cur-
rently used in the pipeline industry in connection
with pipeline repairs and shall develop a compen-
dium of best practices used by the industry to access,
excavate, and restore the site of a pipeline repair.
‘‘(4) STATE AND LOCAL CONSULTATION.—In car-
rying out this subsection, the Interagency Committee
shall consult with appropriate State and local envi-
ronmental, pipeline safety, and emergency response
officials and such other officials as the Interagency
Committee deems appropriate.
‘‘(b) IMPLEMENTATION.—
‘‘(1) PROPOSED RULE.—Within 180 days after
the date of enactment of the Pipeline Infrastructure
Protection to Enhance Security and Safety Act, the
Interagency Committee shall present its evaluation
and recommendations to the Secretary. Within 30
days after the date on which such evaluation and rec-
ommendations are presented, the Secretary shall pro-
pose a rule, based on and consistent with such rec-
ommendations, to establish a process by which pipe-
line operators may commence and complete all access,
excavation, and restoration activities necessary to
carry out pipeline repairs that must be completed
within time periods specified by rule by the Secretary
under the integrity management program. Such pro-
posed rule shall contain the provisions required by
paragraph (2) and shall incorporate, to the extent
practicable and cost effective, the compendium of best
practices developed by the Interagency Committee.
‘‘(2) FINAL RULE.—
‘‘(A) ISSUANCE.—The Secretary shall issue
a final rule not later than 180 days after the
date on which the Interagency Committee pre-
sents its evaluation and recommendations to the
Secretary.
‘‘(B) CONTENT.—The final rule shall—
‘‘(i) provide that a pipeline operator
carrying out a pipeline repair project as
part of its pipeline integrity management
program may proceed with the project only
if the operator provides notice to the Sec-
retary that the operator is proceeding with
the repairs in compliance with the applica-
ble best practices incorporated in such final
rule and the Secretary concurs;
‘‘(ii) provide that if the Secretary dis-
approves of the operator proceeding with the
repairs as described in the operator’s notice,
the Secretary shall provide notice to the op-
erator of the disapproval in the 7-day pe-
riod beginning on the date of receipt by the
Secretary of the operator’s notice, together
with a description of the actions that the
operator must take to receive the Secretary’s
concurrence;
‘‘(iii) provide that if the Secretary does
not provide notice to an operator of the Sec-
retary’s disapproval of the operator pro-
ceeding with the repairs as described in the
operator’s notice in the 7-day period de-
scribed in clause (ii), the Secretary shall be
deemed to concur;
‘‘(iv) provide that if the Secretary dis-
approves of the operator proceeding with the
repairs as described in the operator’s notice,
the Secretary shall provide the operator
with an opportunity to resubmit a notice
for the pipeline repair project under clause
(i); and
‘‘(v) require a certification to the Sec-
retary following completion of the repair
project that the project was completed in
compliance with all such best practices.
‘‘(C) EFFECTIVE
DATE.—The final rule
shall be made effective no later than 90 days
after it is published in the Federal Register.
‘‘(c) RELATIONSHIP TO OTHER PERMITS.—
‘‘(1) OTHER FEDERAL PERMITS.—A pipeline op-
erator that proceeds to carry out a pipeline repair
project under the provisions of the final rule described
in subsection (b) shall not be required to obtain a per-
mit from any other Federal agency before carrying
out such repair project, except as may be provided in
such final rule.
‘‘(2) SAVINGS
PROVISIONS; NO
PREEMPTION.—
Nothing in this section shall be construed in connec-
tion with a particular repair situation—
‘‘(A) to require a pipeline operator to com-
ply with the final rule described in subsection (b)
if no Federal permit would otherwise have been
required under Federal law;
‘‘(B) to prohibit a pipeline operator from
opting to obtain all permits otherwise necessary
under Federal law rather than proceeding under
the final rule described in subsection (b); or
‘‘(C) to preempt otherwise applicable State
and local permitting requirements.
‘‘(d) REPAIR PROJECTS NOT COMPORTING WITH BEST
PRACTICES.—
‘‘(1) 
PREPARATION
OF
SITE
MANAGEMENT
PLAN.—In the case of any pipeline repair that must
be completed within time periods specified by rule by
the Secretary under the integrity management pro-
gram, but for which repair activities may not proceed
under subsection (b) because the repair is not able to
comport with the requirements of the final rule issued
thereunder or for any other reason, or any repair
project on which work has been commenced but which
the pipeline operator thereafter discovers cannot com-
port with such requirements, the pipeline operator
shall prepare a specific site management plan for the
proposed access, excavation, and restoration activities.
‘‘(2) SUBMISSION
OF
PLAN
TO
PERMITTING
AGENCIES.—Such plan shall be submitted to all ap-
plicable permitting agencies for review and approval,
and to the Secretary. In the event an agency has not
approved a permit application within 60 days after
its submission, or has not issued a denial of such ap-
plication within 60 days together with a specification
of items in the application requiring correction, the
pipeline operator shall be permitted to proceed with
the proposed repair activities as provided in its site
management plan.
‘‘(3) FAILURE
TO
ADHERE
TO
PLAN.—If the
pipeline operator fails to adhere to its site manage-
ment plan and such failure results in damage to
human health, public safety, or the environment, the
owner or operator shall be subject to such civil and
criminal remedies and penalties as are otherwise pro-
vided by Federal, State, and local law.
‘‘(e) INTERIM OPERATIONAL ALTERNATIVES.—
‘‘(1) IN
GENERAL.—Within 30 days after the
date of enactment of the Pipeline Infrastructure Pro-
tection to Enhance Security and Safety Act, the Sec-
retary shall commence a rulemaking to permit pres-
sure reduction, line monitoring, and other mitigation
measures to be employed, as appropriate, during the
period between such date of enactment and the date
on which the final rule issued under subsection (b) be-
comes effective, on pipeline facilities subject to time
periods for repair specified by rule by the Secretary
under the integrity management program. Such alter-
native mitigation measures shall be available only to
a pipeline operator that, with respect to a particular
repair project, has applied for and is pursuing in
good faith all required Federal, State, and local per-
mits to carry out the project.
‘‘(2) FACTORS
TO
CONSIDER.—In issuing the
final rule under this subsection, the Secretary shall
consider the need to protect human health, public
safety, and the environment, to ensure continuity in
energy supplies, and to avoid conflict between and
among regulatory regimes.
‘‘(3) DEADLINE FOR ISSUANCE.—The Secretary
shall issue a final rule under this subsection within
90 days after the date on which a notice of proposed
rulemaking is published in the Federal Register.
‘‘(f) OMBUDSMAN.—The Secretary shall designate an
ombudsman to assist in expediting pipeline repairs and re-
solving disagreements between the permitting agency and
the pipeline operator during agency review of any pipeline
repair activity, or during the review of any permit applica-
tion under subsection (d), consistent with protection of
human health, public safety, and the environment.
‘‘(g) STATE AND LOCAL PERMITTING PROCESSES.—
The Secretary shall encourage States and local governments
to streamline their respective permitting processes for pipe-
line repair projects subject to time periods for repair speci-
fied by rule by the Secretary under pipeline integrity man-
agement programs. The Secretary may request other rel-
evant Federal agencies to provide technical assistance to
States and local governments for the purpose of encouraging
such streamlining.
‘‘(h) PURPOSE AND NEED.—For any environmental
review, analysis, opinion, permit, license, or approval
issued or made under this section, the relevant Federal or
State agency shall be bound by the project purpose and need
as defined by the Secretary.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is further amended by adding at the end the
following:
‘‘60132. Administrative process for permitting of pipeline repair activity.’’.
SEC. 16. PIPELINE SECURITY-SENSITIVE INFORMATION.
Section 60117(d) is amended—
(1) by striking ‘‘Information’’ and inserting the
following:
‘‘(1) IN GENERAL.—Information’’;
(2) by moving the remainder of the text of para-
graph (1) (as so designated) 2 ems to the right; and
(3) adding at the end the following:
‘‘(2) 
INFORMATION
REVEALING
VULNER-
ABILITIES.—
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that particular information obtained by
the Secretary or an officer, employee, or agent in
carrying out this chapter may reveal a systemic
vulnerability of a pipeline system, or a vulner-
ability of pipeline facilities to attack, the infor-
mation shall be withheld from public disclosure.
‘‘(B) DISCLOSURE TO CERTAIN PERSONS.—
Information withheld from public disclosure
under subparagraph (A) may be disclosed only—
‘‘(i) to an officer, employee, or agent of
a Federal, State, tribal, or local govern-
ment, including a volunteer fire depart-
ment, concerned with carrying out this
chapter, with protecting the facilities, with
protecting public safety, or with national
security issues;
‘‘(ii) in an administrative or judicial
proceeding brought under this chapter or
one that addresses terrorist actions or
threats of such actions; and
‘‘(iii) to such other persons as the Sec-
retary determines necessary to protect pub-
lic safety and security.
‘‘(C) DISCLOSURE
DETERMINATIONS.—The
Secretary, by regulation, may make a deter-
mination regarding disclosure under subpara-
graph (A) with respect to a category of informa-
tion or a class of persons.
‘‘(D) RELATIONSHIP TO TITLE 5.—A release
of information withheld from public disclosure
under subparagraph (A) to persons identified in
subparagraph (B) is not a release to the public
within the meaning of section 552 of title 5.’’.
SEC. 17. TECHNICAL AMENDMENTS.
Chapter 601 is amended—
(1) in section 60102(a)—
(A) by striking ‘‘(a)(1)’’ and all that follows
through ‘‘The Secretary of Transportation’’ and
inserting the following:
‘‘(a) MINIMUM SAFETY STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation’’;
(B) by moving the remainder of the text of
paragraph (1), including subparagraphs (A) and
(B) but excluding subparagraph (C), 2 ems to
the right; and
(C) in paragraph (2) by inserting ‘‘QUALI-
FICATIONS OF PIPELINE OPERATORS.—’’ before
‘‘The qualifications’’;
(2) in section 60110(b) by striking ‘‘cir-
cumstances’’ and all that follows through ‘‘operator’’
and inserting the following: ‘‘circumstances, if any,
under which an operator’’;
(3) in section 60114 by redesignating subsection
(d) as subsection (c);
(4) in section 60122(a) by striking ‘‘section
60114(c)’’ and inserting ‘‘section 60114(b)’’; and
(5) in section 60123(a) by striking ‘‘60114(c)’’
and inserting ‘‘60114(b)’’.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) GAS AND HAZARDOUS LIQUID.—Section 60125(a)
is amended to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out
this chapter (except for sections 60107 and 60130) related
to gas and hazardous liquid, the following amounts are au-
thorized to be appropriated to the Department of Transpor-
tation:
‘‘(1) $35,500,000 for fiscal year 2002, of which
$29,500,000 is to be derived from user fees for fiscal
year 2002 collected under section 60301 of this title.
‘‘(2) $37,900,000 for fiscal year 2003, of which
$31,900,000 is to be derived from user fees for fiscal
year 2003 collected under section 60301 of this title.
‘‘(3) $41,700,000 for fiscal year 2004, of which
$35,700,000 is to be derived from user fees for fiscal
year 2004 collected under section 60301 of this title.
‘‘(4) $47,100,000 for fiscal year 2005, of which
$41,100,000 is to be derived from user fees for fiscal
year 2005 collected under section 60301 of this title.’’.
(b) STATE GRANTS.—Section 60125 is amended—
(1) by striking subsections (b), (d), and (f) and
redesignating subsections (c) and (e) as subsections
(b) and (d), respectively; and
(2) in subsection (b)(1) (as so redesignated) by
striking subparagraphs (A) through (H) and insert-
ing the following:
‘‘(A) $18,500,000 for fiscal year 2002, of which
$13,500,000 is to be derived from user fees for fiscal
year 2002 collected under section 60301 of this title.
‘‘(B) $19,800,000 for fiscal year 2003, of which
$14,800,000 is to be derived from user fees for fiscal
year 2003 collected under section 60301 of this title.
‘‘(C) $21,700,000 for fiscal year 2004, of which
$16,700,000 is to be derived from user fees for fiscal
year 2004 collected under section 60301 of this title.
‘‘(D) $24,600,000 for fiscal year 2005, of which
$19,600,000 is to be derived from user fees for fiscal
year 2005 collected under section 60301 of this title.’’.
(c) RESEARCH.—Section 60125 is amended by insert-
ing after subsection (b) (as redesignated by subsection (b)(1)
of this section) the following:
‘‘(c) PIPELINE INTEGRITY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.—In addition to amounts authorized
under subsections (a) and (b), not more than $3,000,000
for each of fiscal years 2002 through 2005 may be appro-
priated to the Secretary to carry out section 60130.’’.
(d) CONFORMING AMENDMENT.—Section 60125(d) (as
redesignated by subsection (b)(1) of this section) is amended
by striking ‘‘or (b) of this section’’.
(e) EMERGENCY RESPONSE GRANTS.—Section 60125
is amended by adding after subsection (d) (as redesignated
by subsection (b)(1) of this section) the following:
‘‘(e) EMERGENCY RESPONSE GRANTS.—There are au-
thorized to be appropriated $6,000,000 for each of fiscal
years 2002, 2003, and 2004 to carry out subsection (d) of
section 60116.’’.
SEC. 19. PROTECTION OF EMPLOYEES PROVIDING PIPE-
LINE SAFETY INFORMATION.
(a) IN GENERAL.—Chapter 601 is further amended by
adding at the end the following:
‘‘§ 60133. Protection of employees providing pipeline
safety information
‘‘(a) DISCRIMINATION AGAINST PIPELINE EMPLOY-
EES.—No pipeline operator, or contractor or subcontractor
of a pipeline operator, may discharge an employee or other-
wise discriminate against an employee with respect to com-
pensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a
request of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide (with any knowledge of the employer) or
cause to be provided to the employer or Federal Gov-
ernment information relating to any violation or al-
leged violation of any order, regulation, or standard
of the Research and Special Programs Administration
or any other provision of Federal law relating to
pipeline safety under this chapter or any other law
of the United States;
‘‘(2) refused to engage in any practice made un-
lawful by this chapter or any other Federal law relat-
ing to pipeline safety, if the employee has identified
the alleged illegality to the employer;
‘‘(3) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or al-
leged violation of any order, regulation, or standard
of the Administration or any other provision of Fed-
eral law relating to pipeline safety under this chapter
or any other law of the United States;
‘‘(4) testified or is about to testify in such a pro-
ceeding; or
‘‘(5) assisted or participated or is about to assist
or participate in such a proceeding.
‘‘(b) DEPARTMENT
OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who
believes that he or she has been discharged or other-
wise discriminated against by any person in viola-
tion of subsection (a) may file (or have any person
file on his or her behalf), not later than 90 days after
the date on which such violation occurs, a complaint
with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Research and Special Programs Administration of the
filing of the complaint, of the allegations contained in
the complaint, of the substance of evidence supporting
the complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—Not later than 60 days
after the date of receipt of a complaint filed
under paragraph (1) and after affording the per-
son named in the complaint an opportunity to
submit to the Secretary of Labor a written re-
sponse to the complaint and an opportunity to
meet with a representative of the Secretary to
present statements from witnesses, the Secretary
shall conduct an investigation and determine
whether there is reasonable cause to believe that
the complaint has merit and notify in writing
the complainant and the person alleged to have
committed a violation of subsection (a) of the
Secretary’s findings. If the Secretary concludes
that there is reasonable cause to believe that a
violation of subsection (a) has occurred, the Sec-
retary shall accompany the Secretary’s findings
with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of findings
under this paragraph, either the person alleged
to have committed the violation or the complain-
ant may file objections to the findings or pre-
liminary order, or both, and request a hearing
on the record. The filing of such objections shall
not operate to stay any reinstatement remedy
contained in the preliminary order. Such hear-
ings shall be conducted expeditiously. If a hear-
ing is not requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED
SHOWING
BY
COM-
PLAINANT.—The Secretary of Labor shall
dismiss a complaint filed under this sub-
section and shall not conduct an investiga-
tion otherwise required under subparagraph
(A) unless the complainant makes a prima
facie showing that any behavior described
in paragraphs (1) through (5) of subsection
(a) was a contributing factor in the unfa-
vorable personnel action alleged in the com-
plaint.
‘‘(ii) SHOWING
BY
EMPLOYER.—Not-
withstanding a finding by the Secretary
that the complainant has made the showing
required under clause (i), no investigation
otherwise required under subparagraph (A)
shall be conducted if the employer dem-
onstrates, by clear and convincing evidence,
that the employer would have taken the
same unfavorable personnel action in the
absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary may deter-
mine that a violation of subsection (a) has
occurred only if the complainant dem-
onstrates that any behavior described in
paragraphs (1) through (5) of subsection (a)
was a contributing factor in the unfavorable
personnel action alleged in the complaint.
‘‘(iv) PROHIBITION.—Relief may not
be ordered under subparagraph (A) if the
employer demonstrates by clear and con-
vincing evidence that the employer would
have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE
FOR
ISSUANCE; SETTLE-
MENT AGREEMENTS.—Not later than 120 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall issue
a final order providing the relief prescribed by
this paragraph or denying the complaint. At any
time before issuance of a final order, a pro-
ceeding under this subsection may be terminated
on the basis of a settlement agreement entered
into by the Secretary, the complainant, and the
person alleged to have committed the violation.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
determines that a violation of subsection (a) has
occurred, the Secretary shall order the person
who committed such violation to—
‘‘(i) take affirmative action to abate
the violation;
‘‘(ii) reinstate the complainant to his
or her former position together with the
compensation (including back pay) and re-
store the terms, conditions, and privileges
associated with his or her employment; and
‘‘(iii) provide compensatory damages
to the complainant.
If such an order is issued under this paragraph,
the Secretary, at the request of the complainant,
shall assess against the person whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorney’s and
expert witness fees) reasonably incurred, as de-
termined by the Secretary, by the complainant
for, or in connection with, the bringing the com-
plaint upon which the order was issued.
‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec-
retary finds that a complaint under paragraph
(1) is frivolous or has been brought in bad faith,
the Secretary may award to the prevailing em-
ployer a reasonable attorney’s fee not exceeding
$1,000.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—Any
person adversely affected or aggrieved by an
order issued under paragraph (3) may obtain re-
view of the order in the United States Court of
Appeals for the circuit in which the violation,
with respect to which the order was issued, alleg-
edly occurred or the circuit in which the com-
plainant resided on the date of such violation.
The petition for review must be filed not later
than 60 days after the date of issuance of the
final order of the Secretary of Labor. Review
shall conform to chapter 7 of title 5. The com-
mencement of proceedings under this subpara-
graph shall not, unless ordered by the court, op-
erate as a stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary with respect to
which review could have been obtained under