IIB
107TH CONGRESS
2D SESSION
H. R. 3609
IN THE SENATE OF THE UNITED STATES
JULY 24, 2002
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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,
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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
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
(c) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; amendment of title 49, United States Code; table of con-
tents.
Sec. 2. One-call notification programs.
Sec. 3. One-call notification of pipeline operators.
Sec. 4. Protection of employees providing pipeline safety information.
Sec. 5. Safety orders.
Sec. 6. Penalties.
Sec. 7. Pipeline safety information grants to communities.
Sec. 8. Population encroachment.
Sec. 9. Pipeline integrity research, development, and demonstration.
Sec. 10. Pipeline qualification programs.
Sec. 11. Additional gas pipeline protections.
Sec. 12. Security of pipeline facilities.
Sec. 13. National pipeline mapping system.
Sec. 14. Coordination of environmental reviews.
Sec. 15. Nationwide toll-free number system.
Sec. 16. Recommendations and responses.
Sec. 17. Miscellaneous amendments.
Sec. 18. Technical amendments.
Sec. 19. Authorization of appropriations.
Sec. 20. Inspections by direct assessment.
Sec. 21. Pipeline bridge risk study.
Sec. 22. State oversight role.
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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 exca-
vators’’ 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 Sec-
retary of Transportation shall encourage States, operators
of one-call notification programs, excavators (including all
government and contract excavators), and underground
facility operators to adopt and implement practices identi-
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fied in the best practices report entitled ‘Common
Ground’, as periodically updated.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance to and participate in pro-
grams sponsored by a non-profit organization specifically
established for the purpose of reducing construction-re-
lated damage 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
fiscal years 2002 through 2005. Such sums shall re-
main available until expended.
‘‘(3) 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.’’.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 61 is amended by striking the item relat-
ing to section 6105 and inserting the following:
‘‘6105. Implementation of best practices guidelines.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
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(1) 
FOR
GRANTS
FOR
STATES.—Section
6107(a) is amended by striking ‘‘$1,000,000 for fis-
cal year 2000’’ and all that follows before the period
at the end of the first sentence and inserting
‘‘$1,000,000 for each of fiscal years 2003 through
2006’’.
(2) FOR ADMINISTRATION.—Section 6107(b) is
amended by striking ‘‘for fiscal years 1999, 2000,
and 2001’’ and inserting ‘‘for fiscal years 2003
through 2006’’.
SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERA-
TORS.
(a) LIMITATION ON PREEMPTION.—Section 60104(c)
is amended by adding at the end the following: ‘‘Notwith-
standing the preceding sentence, a State authority may
enforce a requirement of a one-call notification program
of the State if the program meets the requirements for
one-call notification programs under this chapter or chap-
ter 61.’’.
(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—
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(1) in the matter preceding paragraph (1) by
striking ‘‘knowingly and willfully’’;
(2) in paragraph (1) by inserting ‘‘knowingly
and willfully’’ before ‘‘engages’’;
(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
authorities; or’’; and
(4) by adding after paragraph (2) the following:
‘‘Penalties under this subsection may be reduced in the
case of a violation that is promptly reported by the viola-
tor.’’.
SEC. 4. PROTECTION OF EMPLOYEES PROVIDING PIPELINE
SAFETY INFORMATION.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing at the end the following:
‘‘§ 60129. Protection of employees providing pipeline
safety information
‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—(1) No
employer may discharge any employee or otherwise dis-
criminate against any employee with respect to his com-
pensation, terms, conditions, or privileges of employment
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because the employee (or any person acting pursuant to
a request of the employee)—
‘‘(A) provided, caused to be provided, or is
about to provide or cause to be provided, to the em-
ployer or the Federal Government information relat-
ing to any violation or alleged violation of any order,
regulation, or standard under this chapter or any
other Federal law relating to pipeline safety;
‘‘(B) refused to engage in any practice made
unlawful by this chapter or any other Federal law
relating to pipeline safety, if the employee has iden-
tified the alleged illegality to the employer;
‘‘(C) provided, caused to be provided, or is
about to provide or cause to be provided, testimony
before Congress or at any Federal or State pro-
ceeding regarding any provision (or proposed provi-
sion) of this chapter or any other Federal law relat-
ing to pipeline safety;
‘‘(D) commenced, caused to be commenced, or
is about to commence or cause to be commenced a
proceeding under this chapter or any other Federal
law relating to pipeline safety, or a proceeding for
the administration or enforcement of any require-
ment imposed under this chapter or any other Fed-
eral law relating to pipeline safety;
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‘‘(E) provided, caused to be provided, or is
about to provide or cause to be provided, testimony
in any proceeding described in subparagraph (D); or
‘‘(F) assisted or participated or is about to as-
sist or participate in any manner in such a pro-
ceeding or in any other manner in such a proceeding
or in any other action to carry out the purposes of
this chapter or any other Federal law relating to
pipeline safety.
‘‘(2) For purposes of this section, the term ‘employer’
means—
‘‘(A) a person owning or operating a pipeline
facility; or
‘‘(B) a contractor or subcontractor of such a
person.
‘‘(b) DEPARTMENT OF LABOR COMPLAINT PROCE-
DURE.—
‘‘(1) FILING
AND
NOTIFICATION.—A person
who believes that he or she has been discharged or
otherwise discriminated against by any person in
violation of subsection (a) may, not later than 180
days after the date on which such violation occurs,
file (or have any person file on his or her behalf) a
complaint with the Secretary of Labor alleging such
discharge or discrimination. Upon receipt of such a
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complaint, the Secretary of Labor shall notify, in
writing, the person or persons named in the com-
plaint and the Secretary of Transportation of the fil-
ing of the complaint, of the allegations contained in
the complaint, of the substance of evidence sup-
porting the complaint, and of the opportunities that
will be afforded to such person or persons 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 person or persons named in the complaint
an opportunity to submit to the Secretary of
Labor a written response to the complaint and
an opportunity to meet with a representative of
the Secretary of Labor to present statements
from witnesses, the Secretary of Labor 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 or persons alleged
to have committed a violation of subsection (a)
of the Secretary of Labor’s findings. If the Sec-
retary of Labor concludes that there is reason-
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able cause to believe that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall include with the Secretary of Labor’s find-
ings with a preliminary order providing the re-
lief prescribed by paragraph (3)(B). Not later
than 60 days after the date of notification of
findings under this subparagraph, any person
alleged to have committed a violation or the
complainant may file objections to the findings
or preliminary order, or both, and request a
hearing on the record. The filing of such objec-
tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary
order. Such hearings shall be conducted expedi-
tiously. If a hearing is not requested in such
60-day period, the preliminary order shall be
deemed a final order that is not subject to judi-
cial 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 subpara-
graph (A) unless the complainant makes a
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prima facie showing that any behavior de-
scribed in paragraphs (1) through (4) of
subsection (a) was a contributing factor in
the unfavorable personnel action alleged in
the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Not-
withstanding a finding by the Secretary of
Labor that the complainant has made the
showing required under clause (i), no in-
vestigation otherwise required under sub-
paragraph (A) shall be conducted 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.
‘‘(iii) CRITERIA FOR DETERMINATION
BY SECRETARY.—The Secretary of Labor
may determine that a violation of sub-
section (a) has occurred only if the com-
plainant demonstrates that any behavior
described in paragraphs (1) through (4) of
subsection (a) was a contributing factor in
the unfavorable personnel action alleged in
the complaint.
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‘‘(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 90 days
after the date of conclusion of a hearing under
paragraph (2), the Secretary of Labor shall
issue a final order providing the relief pre-
scribed by this paragraph or denying the com-
plaint. At any time before issuance of a final
order, a proceeding under this subsection may
be terminated on the basis of a settlement
agreement entered into by the Secretary of
Labor, the complainant, and the person or per-
sons alleged to have committed the violation.
‘‘(B) REMEDY.—If, in response to a com-
plaint filed under paragraph (1), the Secretary
of Labor determines that a violation of sub-
section (a) has occurred, the Secretary of Labor
shall order the person or persons who com-
mitted such violation to—
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‘‘(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 of Labor, at the request of the
complainant, shall assess against the person or
persons against whom the order is issued a sum
equal to the aggregate amount of all costs and
expenses (including attorney’s and expert wit-
ness fees) reasonably incurred, as determined
by the Secretary of Labor, by the complainant
for, or in connection with, the bringing the com-
plaint upon which the order was issued.
‘‘(C) FRIVOLOUS
COMPLAINTS.—If the
Secretary of Labor finds that a complaint
under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary of Labor
may award to the prevailing employer a reason-
able attorney’s fee not exceeding $1,000.
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‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—
Any person adversely affected or aggrieved by
an order issued under paragraph (3) may ob-
tain review 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, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. 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. Re-
view shall conform to chapter 7 of title 5,
United States Code. The commencement of pro-
ceedings under this subparagraph shall not, un-
less ordered by the court, operate as a stay of
the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which review could have been
obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever any person has failed to com-
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ply with an order issued under paragraph (3), the
Secretary of Labor may file a civil action in the
United States district court for the district in which
the violation was found to occur to enforce such
order. In actions brought under this paragraph, the
district courts shall have jurisdiction to grant all ap-
propriate relief, including, but not to be limited to,
injunctive relief and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person or persons to whom such
order was issued to require compliance with
such order. The appropriate United States dis-
trict court shall have jurisdiction, without re-
gard to the amount in controversy or the citi-
zenship of the parties, to enforce such order.
‘‘(B) ATTORNEY
FEES.—The court, in
issuing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award costs is appropriate.
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‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA-
TIONS.—Subsection (a) shall not apply with respect to an
action of an employee of an employer who, acting without
direction from the employer (or such employer’s agent),
deliberately causes a violation of any requirement relating
to pipeline safety under this chapter or any other law of
the United States.’’.
(b) CIVIL PENALTY.—Section 60122(a) is amended
by adding at the end the following:
‘‘(3) A person violating section 60129, or an order
issued thereunder, is liable to the Government for a civil
penalty of not more than $1,000 for each violation. The
penalties provided by paragraph (1) do not apply to a vio-
lation of section 60129 or an order issued thereunder.’’.
(c) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 601 is amended by adding at the end the
following:
‘‘60129. Protection of employees providing pipeline safety information.’’.
SEC. 5. SAFETY ORDERS.
Section 60117 is amended by adding at the end the
following:
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(b) ENFORCEMENT.—(1) 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) 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 grav-
ity of the violation, including adverse impact on
the environment;
‘‘(B) with respect to the violator, the de-
gree of culpability, any history of prior viola-
tions, the ability to pay, and any effect on abil-
ity 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 sub-
sequent damages; and
‘‘(B) other matters that justice requires.’’.
(3) Section 60120(a) is amended—
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(A) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ and
all that follows through ‘‘(2) At the request’’ and in-
serting the following:
‘‘(a) CIVIL ACTIONS.—
‘‘(1) CIVIL ACTIONS TO ENFORCE THIS CHAP-
TER.—At the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action
in an appropriate district court of the United States
to enforce this chapter, including section 60112, or
a regulation prescribed or order issued under this
chapter. The court may award appropriate relief, in-
cluding a temporary or permanent injunction, puni-
tive damages, and assessment of civil penalties, con-
sidering the same factors as prescribed for the Sec-
retary in an administrative case under section
60122.
‘‘(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE
WITH SUBPOENAS OR ALLOW FOR INSPECTIONS.—At
the request’’; and
(B) by aligning the remainder of the text of
paragraph (2) with the text of paragraph (1).
SEC. 7. PIPELINE SAFETY INFORMATION GRANTS TO COM-
MUNITIES.
(a) GRANT
AUTHORITY.—(1) The Secretary of
Transportation may make grants for technical assistance
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to local communities and groups of individuals (not includ-
ing for-profit entities) relating to the safety of pipelines
in local communities. The Secretary shall establish com-
petitive procedures for awarding grants under this section,
and criteria for selection of grant recipients. The amount
of any grant under this section may not exceed $50,000
for a single grant recipient. The Secretary shall establish
appropriate procedures to ensure the proper use of funds
provided under this section.
(2) For purposes of this subsection, the term ‘‘tech-
nical assistance’’ means engineering and other scientific
analysis of pipeline safety issues, including the promotion
of public participation in Department of Transportation
and other official processes, commenting on Department
of Transportation proposals, and participating in official
Federal standard setting processes.
(b) PROHIBITED USES.—Funds provided under this
section may not be used for lobbying or in direct support
of litigation.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Transportation for carrying out this section $1,000,000
for each of the fiscal years 2003 through 2006. Such
amounts shall not be derived from user fees collected
under section 60301.
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SEC. 8. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
‘‘§ 60127. Population encroachment
‘‘(a) STUDY.—The Secretary of Transportation, in
conjunction with the Federal Energy Regulatory Commis-
sion and 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, pipeline workers, and the envi-
ronment associated with encroachment on pipeline
rights-of-way; and
‘‘(3) to raise the awareness of the risks and
hazards 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.
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‘‘(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 Fed-
eral 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 Sec-
retary shall publish a report identifying practices,
laws, and ordinances that are most successful in ad-
dressing issues of encroachment on pipeline rights-
of-way so as to more effectively protect public safety,
pipeline workers, and the environment.
‘‘(2) DISTRIBUTION
OF
REPORT.—The Sec-
retary 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 OR-
DINANCES.—The Secretary shall encourage Federal
agencies and State and local governments to adopt
and implement appropriate practices, laws, and ordi-
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nances, as identified in the report, to address the
risks and hazards associated with encroachment
upon pipeline rights-of-way.’’.
SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
(a) ESTABLISHMENT OF COOPERATIVE PROGRAM.—
(1) IN GENERAL.—The heads of the partici-
pating agencies shall develop and implement a pro-
gram of research, development, demonstration, and
standardization to ensure the integrity of energy
pipelines and next-generation pipelines.
(2) ELEMENTS.—The program shall include re-
search, development, demonstration, and standard-
ization activities related to—
(A) materials inspection;
(B) stress and fracture analysis, detection
of cracks, corrosion, abrasion, and other abnor-
malities inside pipelines that lead to pipeline
failure, and development of new equipment or
technologies that are inserted into pipelines to
detect anomalies;
(C) internal inspection and leak detection
technologies, including detection of leaks at very
low volumes;
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(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 en-
hancing pipeline security and infrastructure, re-
ducing 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 the enact-
ment of this Act, the participating agencies shall
transmit to the Congress a report on the existing ac-
tivities and capabilities of the participating agencies,
including the national laboratories. The report shall
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include the results of a survey by the participating
agencies of any activities of other Federal agencies
that are relevant to or could supplement existing re-
search, development, demonstration, and standard-
ization activities under the program created under
this section.
(b) PROGRAM PLAN.—
(1) IN GENERAL.—Not later than 1 year after
the date of the enactment of this Act, the partici-
pating agencies shall prepare and transmit to Con-
gress a 5-year program plan to guide activities
under this section. Such program plan shall be sub-
mitted to the Pipeline Integrity Technical Advisory
Committee established under subsection (c) for re-
view, and the report to Congress shall include the
comments of the Advisory Committee. The 5-year
program plan shall take into account related activi-
ties of Federal agencies that are not participating
agencies.
(2) CONSULTATION.—In preparing the program
plan, the participating agencies shall consult with
appropriate representatives of State and local gov-
ernment and the private sector, including companies
owning energy pipelines and developers of next-gen-
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eration pipelines, to help establish program prior-
ities.
(3) ADVICE FROM OTHER ENTITIES.—In pre-
paring the program plan, the participating agencies
shall also seek the advice of other Federal agencies,
utilities, manufacturers, institutions of higher learn-
ing, pipeline research institutions, national labora-
tories, environmental organizations, pipeline safety
advocates, professional and technical societies, and
any other appropriate entities.
(c) PIPELINE
INTEGRITY
TECHNICAL
ADVISORY
COMMITTEE.—
(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 Advi-
sory Committee shall be established not later than 6
months after the date of the enactment of this Act.
(2) DUTIES.—The Advisory Committee shall—
(A) advise the participating agencies on
the development and implementation of the pro-
gram plan prepared under subsection (b); and
(B) have a continuing role in evaluating
the progress and results of research, develop-
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ment, demonstration, and standardization ac-
tivities 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 Stand-
ards and Technology.
In making appointments, the participating
agencies shall seek recommendations from the
National Academy of Sciences.
(B) 
QUALIFICATIONS.—Members 
ap-
pointed to the Advisory Committee shall have
experience or be technically qualified, by train-
ing or knowledge, in the operations of the pipe-
line industry, and have experience in the re-
search and development of pipeline or related
technologies.
(C) COMPENSATION.—The members of the
Advisory Committee shall serve without com-
pensation, but shall receive travel expenses, in-
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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 the enactment of this Act, and annually
thereafter, the participating agencies shall each transmit
to the Congress a report on the status and results to date
of the implementation of their portion of the program plan
prepared under subsection (b).
(e) MEMORANDUM OF UNDERSTANDING.—Not later
than 120 days after the date of the enactment of this Act,
the participating agencies shall enter into a memorandum
of understanding detailing their respective responsibilities
under this Act, consistent with the activities and capabili-
ties identified under subsection (a)(3). Each of the partici-
pating 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 re-
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sponsibilities shall reflect its expertise in low-volume leak
detection and surveillance technologies. The National In-
stitute of Standards and Technology’s responsibilities
shall reflect its expertise in standards and materials re-
search.
(f) 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 car-
rying out this section.
(g) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘energy pipeline’’ means a pipeline
system used in the transmission or local distribution
of natural gas (including liquefied natural gas),
crude oil, or refined petroleum products;
(2) the term ‘‘next-generation pipeline’’ means
a transmission or local distribution pipeline system
designed to transmit energy or energy-related prod-
ucts, in liquid or gaseous form, other than energy
pipelines;
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(3) the term ‘‘participating agencies’’ means the
Department of Energy, the Department of Trans-
portation, and the National Institute of Standards
and Technology; and
(4) the term ‘‘pipeline’’ means an energy pipe-
line or a next-generation pipeline.
SEC. 10. PIPELINE QUALIFICATION PROGRAMS.
(a) VERIFICATION PROGRAM.—
(1) IN
GENERAL.—Chapter 601 is further
amended by adding at the end the following:
‘‘§ 60130. Verification of pipeline qualification pro-
grams
‘‘(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 Sec-
retary shall ensure that the Department of Trans-
portation has in place standards and criteria for
qualification programs referred to in subsection (a).
‘‘(2) CONTENTS.—The standards and criteria
shall include the following:
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‘‘(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 proce-
dures to qualify individuals described in sub-
section (a) to a level found acceptable using the
methods established under subparagraph (A)
and evaluate the abilities of individuals de-
scribed 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.—Not later than 2 years after
the date of the enactment of this section, the Secretary
shall require a pipeline operator to develop and adopt 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 sub-
section (a) shall include, at a minimum, the following ele-
ments:
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‘‘(1) A method for examining or testing the
qualifications of individuals described in subsection
(a). Such 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 qualifications. The Secretary shall ensure
that the results of any such observations are docu-
mented in writing.
‘‘(2) A requirement that the operator complete
the qualification of all individuals described in sub-
section (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 paragraph (1).
‘‘(4) A program to provide training, as appro-
priate, to ensure that individuals performing covered
tasks have the necessary 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 qualification program of each pipeline operator
and verify its compliance with the standards and cri-
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teria described in subsection (b) and includes the
elements described in paragraphs (1) through (3) of
subsection (d). The Secretary shall record the results
of that review for use in the next review of an opera-
tor’s program.
‘‘(2) DEADLINE
FOR
COMPLETION.—Reviews
and verifications under this subsection shall be com-
pleted not later than 3 years after the date of the
enactment of this section.
‘‘(3) INADEQUATE
PROGRAMS.—If the Sec-
retary decides that a qualification program is inad-
equate 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 oper-
ator of a pipeline facility seeks to modify signifi-
cantly a program that has been verified under this
subsection, the operator shall submit the modifica-
tions to the Secretary for review and verification.
‘‘(5) WAIVERS
AND
MODIFICATIONS.—In ac-
cordance with section 60118(c), the Secretary may
waive or modify any requirement of this section.
‘‘(6) INACTION BY THE SECRETARY.—Notwith-
standing any failure of the Secretary to prescribe
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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 paragraphs (1) through (3) of
subsection (d) not later than 2 years after the date
of enactment of this section.
‘‘(f) 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 sec-
tion 195.501 of such title, as in effect on the date
of enactment of this section.
‘‘(g) REPORT.—Not later than 5 years after the date
of enactment of this section, the Secretary shall transmit
to Congress a report on the status and results to date of
the personnel qualification regulations issued under this
chapter.’’.
(2) CONFORMING AMENDMENT.—The analysis
for chapter 601 is amended by adding at end the fol-
lowing:
‘‘60130. Verification of pipeline qualification programs.’’.
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(b) PILOT PROGRAM FOR CERTIFICATION OF CER-
TAIN PIPELINE WORKERS.—
(1) IN GENERAL.—Not later than 36 months
after the date of enactment of this Act, the Sec-
retary of Transportation shall—
(A) develop tests and other requirements
for certifying the qualifications of individuals
who operate computer-based systems for con-
trolling the operations of pipelines; and
(B) establish and carry out a pilot pro-
gram for 3 pipeline facilities under which the
individuals operating computer-based systems
for controlling the operations of pipelines 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 60130(g), 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
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 cer-
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tifying individuals who operate computer-based
systems for controlling the operations of pipe-
lines;
(C) any recommendations of the Secretary
for requiring the certification of all individuals
who operate computer-based systems for con-
trolling 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) DEFINITION.—For purposes of this sub-
section, the term ‘‘computer-based systems’’ means
supervisory control and data acquisition systems
(SCADA).
SEC. 11. 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
pipeline facility shall conduct an analysis of the risks
to each facility of the operator in an area identified
pursuant to subsection (a)(1), and shall adopt and
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implement a written integrity management 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
standards to direct an operator’s conduct of a risk
analysis and adoption and implementation of an in-
tegrity management program under this subsection.
The regulations shall require the conduct of the risk
analysis and adoption of the integrity management
program to occur within a time period prescribed by
the Secretary, not to exceed 1 year after the
issuance of such regulations. The Secretary may sat-
isfy 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 manage-
ment 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 identi-
fied pursuant to subsection (a)(1), to be com-
pleted not later than 10 years after the date of
the adoption of the integrity management pro-
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gram, 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-
assessment of the facility, at a minimum of
once every 7 years, using methods described in
subparagraph (A).
‘‘(C) Clearly defined criteria for evaluating
the results of reassessments conducted under
subparagraph (B) and for taking actions based
on such results.
‘‘(D) A method for conducting an analysis
on a continuing basis that integrates all avail-
able information about the integrity of the facil-
ity and the consequences of releases from the
facility.
‘‘(E) A description of actions to be taken
by the operator to promptly address any integ-
rity issue raised by an evaluation conducted
under subparagraph (C) or the analysis con-
ducted under subparagraph (D).
‘‘(F) A description of measures to prevent
and mitigate the consequences of releases from
the facility.
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‘‘(G) A method for monitoring cathodic
protection systems throughout the pipeline sys-
tem of the operator to the extent not addressed
by other regulations.
‘‘(H) If the Secretary raises a safety con-
cern relating to the facility, a description of the
actions to be taken by the operator to address
the safety concern, including issues raised with
the Secretary by States and local authorities
under an agreement entered into under section
60106.
‘‘(4) WAIVERS
AND
MODIFICATIONS.—In ac-
cordance with section 60118(c), the Secretary may
waive or modify any requirement for reassessment of
a facility under paragraph (3)(B) for reasons that
may include the need to maintain local product sup-
ply or the lack of internal inspection devices if the
Secretary determines that such waiver is not incon-
sistent with pipeline safety.
‘‘(5) STANDARDS.—The standards prescribed
by the Secretary under paragraph (2) shall address
each of the following factors:
‘‘(A) The minimum requirements described
in paragraph (3).
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‘‘(B) The type or frequency of inspections
or testing of pipeline facilities, in addition to
the 
minimum 
requirements 
of 
paragraph
(3)(B).
‘‘(C) The manner in which the inspections
or testing are conducted.
‘‘(D) The criteria used in analyzing results
of the inspections or testing.
‘‘(E) The types of information sources that
must be integrated in assessing the integrity of
a pipeline facility as well as the manner of inte-
gration.
‘‘(F) The nature and timing of actions se-
lected to address the integrity of a pipeline fa-
cility.
‘‘(G) Such other factors as the Secretary
determines appropriate to ensure that the integ-
rity of a pipeline facility is addressed and that
appropriate mitigative measures are adopted to
protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall
ensure that all inspections required are conducted in
a manner that minimizes environmental and safety
risks, and shall take into account the applicable level
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of protection established by national consensus
standards organizations.
‘‘(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 establish-
ment or modification of systems that monitor
pressure and detect leaks based on the opera-
tor’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
PROGRAMS.—
‘‘(A) REVIEW OF PROGRAMS.—
‘‘(i) IN
GENERAL.—The Secretary
shall review a risk analysis and integrity
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management program under paragraph (1)
and record the results of that review for
use in the next review of an operator’s pro-
gram.
‘‘(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 anal-
ysis or integrity management program does
not comply with the requirements of this
subsection or regulations issued as de-
scribed in paragraph (2), or is inadequate
for the safe operation of a pipeline facility,
the Secretary shall act under section
60108(a)(2) to require the operator to re-
vise the risk analysis or integrity manage-
ment 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 oper-
ator’s integrity management program not later
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than 30 days after the date of adoption of the
amendment.
‘‘(C) TRANSMITTAL
OF
PROGRAMS
TO
STATE AUTHORITIES.—The Secretary shall pro-
vide a copy of each risk analysis and integrity
management program reviewed by the Secretary
under this paragraph to any appropriate State
authority with which the Secretary has entered
into an agreement under section 60106.
‘‘(9) STATE REVIEW OF INTEGRITY MANAGE-
MENT PLANS.—A State authority that enters into an
agreement pursuant to section 60106, permitting the
State authority to review the risk analysis and integ-
rity management program pursuant to paragraph
(8), may provide the Secretary with a written assess-
ment of the risk analysis and integrity management
program, make recommendations, as appropriate, to
address safety concerns not adequately addressed by
the operator’s risk analysis or integrity management
program, and submit documentation explaining the
State-proposed revisions. The Secretary shall con-
sider carefully the State’s proposals and work in
consultation with the States and operators to ad-
dress safety concerns.
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‘‘(10) APPLICATION
OF
STANDARDS.—Section
60104(b) shall not apply to this section.’’.
(b) INTEGRITY MANAGEMENT REGULATIONS.—Sec-
tion 60109 is further amended by adding at the end the
following:
‘‘(d) EVALUATION
OF
INTEGRITY
MANAGEMENT
REGULATIONS.—Not later than 5 years after the date of
enactment of this subsection, the Secretary shall complete
an assessment and evaluation of the effects on public safe-
ty and the environment of the requirements for the imple-
mentation of integrity management programs contained in
the standards 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 REASSESSMENT INTERVALS.—
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(1) STUDY.—The Secretary of Transportation
shall conduct a study to evaluate the 7-year reas-
sessment interval required by section 60109(c)(3)(B)
of title 49, United States Code, as added by sub-
section (a) of this section.
(2) REPORT.—Not later than 5 years after the
date of the enactment of this Act, the Secretary
shall transmit to Congress a report on the results of
the study conducted under paragraph (1).
SEC. 12. SECURITY OF PIPELINE FACILITIES.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60131. Security of pipeline facilities
‘‘(a) RULEMAKING REQUIREMENT.—The Secretary
of Transportation, not later than 60 days after the date
of the enactment of this section, after consultation with
any appropriate Federal, State, or nongovernmental enti-
ties, shall commence a rulemaking to require effective se-
curity measures which the Secretary determines are nec-
essary to be adopted against acts of terrorism or sabotage
directed against waterfront liquefied natural gas plants,
capable of receiving liquefied natural gas tankers, located
in or within 1 mile of a densely populated urban area.
Within 1 year after the date of the enactment of this sec-
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tion, the Secretary of Transportation shall issue a final
rule.
‘‘(b) FACTORS TO BE CONSIDERED.—Regulations
issued under subsection (a) shall take into account—
‘‘(1) the events of September 11, 2001;
‘‘(2) the potential for attack on facilities by
multiple coordinated teams totaling in the aggregate
a significant number of individuals;
‘‘(3) the potential for assistance in an attack
from several persons employed at the facility;
‘‘(4) the potential for suicide attacks;
‘‘(5) water-based and air-based threats;
‘‘(6) the potential use of explosive devices of
considerable size and other modern weaponry;
‘‘(7) the potential for attacks by persons with
a sophisticated knowledge of facility operations;
‘‘(8) the threat of fires and large explosions;
and
‘‘(9) special threats and vulnerabilities affecting
facilities located in or within 1 mile of a densely
populated urban area.
‘‘(c) REQUIREMENTS.—Regulations issued under
subsection (a) shall establish requirements for waterfront
liquefied natural gas plants, capable of receiving liquefied
natural gas tankers, relating to construction, operation,
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security procedures, and emergency response, and shall re-
quire conforming amendments to applicable standards and
rules.
‘‘(d) OPERATIONAL SECURITY RESPONSE EVALUA-
TION.—(1) Regulations issued under subsection (a) shall
include the establishment of policies and procedures by the
Secretary of Transportation, which shall ensure that the
operational security response of each facility described in
paragraph (2) is tested at least once every 2 years through
the use of force-on-force exercises to determine whether
the threat factors identified in regulations issued under
subsection (a) have been adequately addressed.
‘‘(2) Facilities subject to testing under paragraph (1)
include waterfront liquefied natural gas plants, capable of
receiving liquefied natural gas tankers, located in or with-
in 1 mile of a densely populated urban area, and associ-
ated support facilities and equipment.
‘‘(e) REVIEW
AND REVISION.—Regulations issued
under subsection (a) shall be reviewed and revised as ap-
propriate at least once every 5 years.
‘‘(f) DEFINITIONS.—For purposes of this section, the
term ‘densely populated urban area’ means an area with
a population density of more than 10,000 people per
square mile.’’.
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(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60131. Security of pipeline facilities.’’.
SEC. 13. NATIONAL PIPELINE MAPPING SYSTEM.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60132. National pipeline mapping system
‘‘(a) INFORMATION TO BE PROVIDED.—Not later
than 6 months after the date of enactment of this section,
the operator of a pipeline facility (except distribution lines
and gathering lines) 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
contact 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 up-
dates of the information to reflect changes in the pipeline
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facility owned or operated by the person and as otherwise
required by the Secretary.
‘‘(c) TECHNICAL ASSISTANCE TO IMPROVE LOCAL
RESPONSE CAPABILITIES.—The Secretary may provide
technical assistance to State and local officials to improve
local response capabilities for pipeline emergencies by
adapting information available through the National Pipe-
line Mapping System to software used by emergency re-
sponse personnel responding to pipeline emergencies.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60132. National pipeline mapping system.’’.
SEC. 14. COORDINATION OF ENVIRONMENTAL REVIEWS.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60133. Coordination of environmental reviews
‘‘(a) INTERAGENCY COMMITTEE.—
‘‘(1) ESTABLISHMENT
AND
PURPOSE.—Not
later than 30 days after the date of enactment of
this section, the President shall establish an Inter-
agency Committee to develop and ensure implemen-
tation of a coordinated environmental review and
permitting process in order to enable pipeline opera-
tors to commence and complete all activities nec-
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essary to carry out pipeline repairs within any time
periods specified by rule by the Secretary.
‘‘(2) MEMBERSHIP.—The Chairman of the
Council on Environmental Quality (or a designee of
the Chairman) shall chair the Interagency Com-
mittee, which shall consist of representatives of Fed-
eral agencies with responsibilities relating to pipeline
repair projects, including each of the following per-
sons (or a designee thereof):
‘‘(A) The Secretary of Transportation.
‘‘(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
Fisheries of the National Oceanic and Atmos-
pheric Administration.
‘‘(E) The Director of the Bureau of Land
Management.
‘‘(F) The Director of the Minerals Man-
agement Service.
‘‘(G) The Assistant Secretary of the Army
for Civil Works.
‘‘(H) The Chairman of the Federal Energy
Regulatory Commission.
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‘‘(3) EVALUATION.—The Interagency Com-
mittee shall evaluate Federal permitting require-
ments to which access, excavation, and restoration
activities in connection with pipeline repairs de-
scribed in paragraph (1) may be subject. As part of
its evaluation, the Interagency Committee shall ex-
amine the access, excavation, and restoration prac-
tices of the pipeline industry in connection with such
pipeline repairs, and may develop a compendium of
best practices used by the industry to access, exca-
vate, and restore the site of a pipeline repair.
‘‘(4) MEMORANDUM
OF
UNDERSTANDING.—
Based upon the evaluation required under paragraph
(3) and not later than 1 year after the date of enact-
ment of this section, the members of the Interagency
Committee shall enter into a memorandum of under-
standing to provide for a coordinated and expedited
pipeline repair permit review process to carry out
the purpose set forth in paragraph (1). The Inter-
agency Committee shall include provisions in the
memorandum of understanding identifying those re-
pairs or categories of repairs described in paragraph
(1) for which the best practices identified under
paragraph (3), when properly employed by a pipeline
operator, would result in no more than minimal ad-
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verse effects on the environment and for which dis-
cretionary administrative reviews may therefore be
minimized or eliminated. With respect to pipeline re-
pairs described in paragraph (1) to which the pre-
ceding sentence would not be applicable, the Inter-
agency Committee shall include provisions to enable
pipeline operators to commence and complete all ac-
tivities necessary to carry out pipeline repairs within
any time periods specified by rule by the Secretary.
The Interagency Committee shall include in the
memorandum of understanding criteria under which
permits required for such pipeline repair activities
should be prioritized over other less urgent agency
permit application reviews. The Interagency Com-
mittee shall not enter into a memorandum of under-
standing under this paragraph except by unanimous
agreement of the members of the Interagency Com-
mittee.
‘‘(5) STATE
AND
LOCAL
CONSULTATION.—In
carrying out this subsection, the Interagency Com-
mittee shall consult with appropriate State and local
environmental, pipeline safety, and emergency re-
sponse officials, and such other officials as the Inter-
agency Committee considers appropriate.
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‘‘(b) IMPLEMENTATION.—Not later than 180 days
after the completion of the memorandum of understanding
required under subsection (a)(4), each agency represented
on the Interagency Committee shall revise its regulations
as necessary to implement the provisions of the memo-
randum of understanding.
‘‘(c) SAVINGS PROVISIONS; NO PREEMPTION.—Noth-
ing in this section shall be construed—
‘‘(1) to require a pipeline operator to obtain a
Federal permit, if no Federal permit would other-
wise have been required under Federal law; or
‘‘(2) to preempt applicable Federal, State, or
local environmental law.
‘‘(d) INTERIM OPERATIONAL ALTERNATIVES.—
‘‘(1) IN
GENERAL.—Not later than 30 days
after the date of enactment of this section, and sub-
ject to the limitations in paragraph (2), the Sec-
retary of Transportation shall revise the regulations
of the Department, to the extent necessary, to per-
mit a pipeline operator subject to time periods for
repair specified by rule by the Secretary to imple-
ment alternative mitigation measures until all appli-
cable permits have been granted.
‘‘(2) LIMITATIONS.—The regulations issued by
the Secretary pursuant to this subsection shall not
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allow an operator to implement alternative mitiga-
tion measures pursuant to paragraph (1) unless—
‘‘(A) allowing the operator to implement
such measures would be consistent with the
protection of human health, public safety, and
the environment;
‘‘(B) the operator, with respect to a par-
ticular repair project, has applied for and is
pursuing diligently and in good faith all re-
quired Federal, State, and local permits to
carry out the project; and
‘‘(C) the proposed alternative mitigation
measures are not incompatible with pipeline
safety.
‘‘(e) OMBUDSMAN.—The Secretary shall designate an
ombudsman to assist in expediting pipeline repairs and re-
solving disagreements between Federal, State, and local
permitting agencies and the pipeline operator during agen-
cy review of any pipeline repair activity, consistent with
protection of human health, public safety, and the environ-
ment.
‘‘(f) STATE AND LOCAL PERMITTING PROCESSES.—
The Secretary shall encourage States and local govern-
ments to consolidate their respective permitting processes
for pipeline repair projects subject to any time periods for
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repair specified by rule by the Secretary. The Secretary
may request other relevant Federal agencies to provide
technical assistance to States and local governments for
the purpose of encouraging such consolidation.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60133. Coordination of environmental reviews.’’.
SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of the enactment of this
Act, the Secretary of Transportation shall, in conjunction
with the Federal Communications Commission, facility op-
erators, excavators, and one-call notification system opera-
tors, provide for the establishment of a 3-digit nationwide
toll-free telephone number system to be used by State one-
call notification systems.
SEC. 16. RECOMMENDATIONS AND RESPONSES.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing at the end the following:
‘‘§ 60134. Recommendations and responses
‘‘(a) RESPONSE REQUIREMENT.—Whenever the Of-
fice of Pipeline Safety has received recommendations from
the National Transportation Safety Board regarding pipe-
line safety, it shall submit a formal written response to
each such recommendation within 90 days after receiving
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the recommendation. The response shall indicate whether
the Office intends—
‘‘(1) to carry out procedures to adopt the com-
plete recommendations;
‘‘(2) to carry out procedures to adopt a part of
the recommendations; or
‘‘(3) to refuse to carry out procedures to adopt
the recommendations.
‘‘(b) TIMETABLE
FOR COMPLETING PROCEDURES
AND REASONS FOR REFUSALS.—A response under sub-
section (a)(1) or (2) shall include a copy of a proposed
timetable for completing the procedures. A response under
subsection (a)(2) shall detail the reasons for the refusal
to carry out procedures on the remainder of the rec-
ommendations. A response under subsection (a)(3) shall
detail the reasons for the refusal to carry out procedures
to adopt the recommendations.
‘‘(c) PUBLIC AVAILABILITY.—The Office shall make
a copy of each recommendation and response available to
the public, including in electronic form.
‘‘(d) REPORTS TO CONGRESS.—The Office shall sub-
mit to Congress on January 1 of each year a report de-
scribing each recommendation on pipeline safety made by
the National Transportation Safety Board to the Office
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during the prior year and the Office’s response to each
recommendation.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60134. Recommendations and responses.’’.
SEC. 17. MISCELLANEOUS AMENDMENTS.
(a) PROTECTION OF PUBLIC HEALTH, WELFARE,
AND THE ENVIRONMENT.—Section 60102(a)(1) is amend-
ed by inserting ‘‘in order to protect public health and wel-
fare and the environment from reasonably anticipated
threats that could be posed by such transportation and
facilities’’ after ‘‘and for pipeline facilities’’.
(b) CONFLICTS OF INTEREST.—Section 60115(b)(4)
is amended by adding at the end the following new sub-
paragraph:
‘‘(D) None of the individuals selected for a committee
under paragraph (3)(C) may have a significant financial
interest in the pipeline, petroleum, or gas industry.’’.
SEC. 18. TECHNICAL AMENDMENTS.
Chapter 601 is amended—
(1) in section 60102(a)—
(A) by striking ‘‘(a)(1)’’ and all that fol-
lows through ‘‘The Secretary of Transpor-
tation’’ and inserting the following:
‘‘(a) MINIMUM SAFETY STANDARDS.—
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‘‘(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 sub-
section (d) as subsection (c);
(4) in section 60122(a)(1) 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. 19. 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 section 60107) related to gas and
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hazardous liquid, the following amounts are authorized to
be appropriated to the Department of Transportation:
‘‘(1) $45,800,000 for fiscal year 2003, of which
$31,900,000 is to be derived from user fees for fis-
cal year 2003 collected under section 60301 of this
title.
‘‘(2) $46,800,000 for fiscal year 2004, of which
$35,700,000 is to be derived from user fees for fis-
cal year 2004 collected under section 60301 of this
title.
‘‘(3) $47,100,000 for fiscal year 2005, of which
$41,100,000 is to be derived from user fees for fis-
cal year 2005 collected under section 60301 of this
title.
‘‘(4) $50,000,000 for fiscal year 2006, of which
$45,000,000 is to be derived from user fees for fis-
cal year 2006 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 (c), respectively; and
(2) in subsection (b)(1) (as so redesignated) by
striking subparagraphs (A) through (H) and insert-
ing the following:
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‘‘(A) $19,800,000 for fiscal year 2003, of which
$14,800,000 is to be derived from user fees for fis-
cal year 2003 collected under section 60301 of this
title.
‘‘(B) $21,700,000 for fiscal year 2004, of which
$16,700,000 is to be derived from user fees for fis-
cal year 2004 collected under section 60301 of this
title.
‘‘(C) $24,600,000 for fiscal year 2005, of which
$19,600,000 is to be derived from user fees for fis-
cal year 2005 collected under section 60301 of this
title.
‘‘(D) $26,500,000 for fiscal year 2006, of which
$21,500,000 is to be derived from user fees for fis-
cal year 2006 collected under section 60301 of this
title.’’.
(c) 
EMERGENCY
RESPONSE
GRANTS.—Section
60125 is amended by adding after subsection (c) (as re-
designated by subsection (b)(1) of this section) the fol-
lowing:
‘‘(d) EMERGENCY RESPONSE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish a program for making grants to State, county,
and local governments in high consequence areas, as