125
procedures for communicating with
military, law enforcement, emergency
service, and other appropriate State
and local government and non-gov-
ernment entities.
‘‘(B) STANDARD.—A terrorism secu-
rity program of a pipeline operator
shall require the operator to establish
and 
implement 
reasonable 
proce-
dures to safeguard the pipeline facil-
ity and safely maintain its operations,
and to safeguard pipeline workers.
‘‘(3) REVIEW AND VERIFICATION OF PRO-
GRAMS.—Not later than 1 year after the
date of enactment of this section, the Sec-
retary shall review the terrorism security
program of each pipeline operator and
verify its compliance with this section.
The Secretary shall prescribe procedures
for the review and standards for the
verification of such programs. The Sec-
retary shall record the results of that re-
view for use in the next review of an op-
erator’s program.
126
‘‘(4) INADEQUATE
PROGRAMS.—If the
Secretary determines that a terrorism se-
curity program does not comply with the
requirements of this section, the Sec-
retary shall act under section 60108(a)(2)
to require the operator to revise the ter-
rorism security program.
‘‘(b) 
TECHNICAL
ASSISTANCE.—The 
Sec-
retary 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 pipe-
line facility. Such technical assistance may in-
clude at a minimum—
‘‘(1) actions by the Secretary that sup-
port the use of National Guard or State
or Federal personnel to provide addi-
tional 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 secu-
rity measures for a pipeline facility;
127
‘‘(3) identification of security issues
with respect to the operation of a pipe-
line facility; and
‘‘(4) the provision of information and
guidance on security practices that pre-
vent damage to pipeline facilities from
terrorist attacks.
‘‘(c) 
SECURITY
MEASURES
TO
PROTECT
AGAINST ACTS OF TERRORISM OR SABOTAGE.—
‘‘(1) RULEMAKING
REQUIREMENT.—The
Secretary of Transportation, not later
than 60 days after the date of the enact-
ment of this subsection, after consulta-
tion with any appropriate Federal, State,
or nongovernmental entities, shall com-
mence a rulemaking to require effective
security measures which the Secretary
determines are necessary to be adopted
against acts of terrorism or sabotage di-
rected against waterfront liquefied nat-
ural gas plants located in or within 1
mile of a densely populated urban area.
Within 1 year after the date of the enact-
ment of this subsection, the Secretary of
Transportation shall issue a final rule.
128
‘‘(2) FACTORS TO BE CONSIDERED.—Reg-
ulations issued under paragraph (1) shall
take into account—
‘‘(A) the events of September 11,
2001;
‘‘(B) the potential for attack on fa-
cilities by multiple coordinated teams
totaling in the aggregate a significant
number of individuals;
‘‘(C) the potential for assistance in
an attack from several persons em-
ployed at the facility;
‘‘(D) the potential for suicide at-
tacks;
‘‘(E) water-based and air-based
threats;
‘‘(F) the potential use of explosive
devices of considerable size and other
modern weaponry;
‘‘(G) the potential for attacks by
persons with a sophisticated knowl-
edge of facility operations;
‘‘(H) the threat of fires and large
explosions; and
129
‘‘(I) 
special 
threats 
and
vulnerabilities affecting facilities lo-
cated in or within 1 mile of a densely
populated urban area.
‘‘(3) 
REQUIREMENTS.—Regulations
issued under paragraph (1) shall estab-
lish requirements for waterfront lique-
fied natural gas plants relating to con-
struction, operation, security procedures,
and emergency response, and shall re-
quire conforming amendments to applica-
ble standards and rules.
‘‘(4) OPERATIONAL
SECURITY
RESPONSE
EVALUATION.—(A) 
Regulations 
issued
under paragraph (1) shall include the es-
tablishment of policies and procedures by
the Secretary of Transportation, which
shall ensure that the operational security
response of each facility described in
subparagraph (B) 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 paragraph (1) have been
adequately addressed.
130
‘‘(B) 
Facilities 
subject 
to 
testing
under subparagraph (A) include water-
front liquefied natural gas plants located
in or within 1 mile of a densely populated
urban area, and associated support facili-
ties and equipment.
‘‘(5) REVIEW
AND
REVISION.—Regula-
tions issued under paragraph (1) shall be
reviewed and revised as appropriate at
least once every 5 years.
‘‘(6) DEFINITIONS.—For purposes of
this subsection, the term ‘densely popu-
lated urban area’ means an area with a
population density of more than 10,000
people per square mile.’’.
(b) CONFORMING AMENDMENT.—The anal-
ysis for chapter 601 is amended by adding at
the end the following:
‘‘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 enact-
ment of this section, the operator of a pipeline
131
facility (except distribution lines and gath-
ering 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 format that can be
readily converted to geospatial data.
‘‘(2) The name and address of the per-
son with primary operational control to
be identified as its operator for purposes
of this chapter.
‘‘(3) A means for a member of the pub-
lic to contact the operator for additional
information about the pipeline facilities
it operates.
‘‘(b) UPDATES.—A person providing infor-
mation under subsection (a) shall provide to
the Secretary 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 RESPONSE CAPABILITIES.—The Secretary
may provide technical assistance to State and
132
local officials to improve local response capa-
bilities for pipeline emergencies by adapting
information available through the National
Pipeline Mapping System to software used by
emergency response personnel responding to
pipeline emergencies.’’.
(b) CONFORMING AMENDMENT.—The anal-
ysis for chapter 601 is amended by adding at
the end the following:
‘‘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 Interagency Committee
to develop and ensure implementation of
a coordinated environmental review and
permitting process in order to enable
pipeline operators to commence and com-
plete all activities necessary to carry out
pipeline repairs within any time periods
specified by rule by the Secretary.
133
‘‘(2) MEMBERSHIP.—The Chairman of
the Council on Environmental Quality (or
a designee of the Chairman) shall chair
the Interagency Committee, which shall
consist of representatives of Federal
agencies with responsibilities relating to
pipeline repair projects, including each
of the following persons (or a designee
thereof):
‘‘(A) The Secretary of Transpor-
tation.
‘‘(B) The Administrator of the En-
vironmental Protection Agency.
‘‘(C) The Director of the United
States Fish and Wildlife Service.
‘‘(D) The Assistant Administrator
for Fisheries of the National Oceanic
and Atmospheric Administration.
‘‘(E) The Director of the Bureau of
Land Management.
‘‘(F) The Director of the Minerals
Management Service.
‘‘(G) The Assistant Secretary of
the Army for Civil Works.
134
‘‘(H) The Chairman of the Federal
Energy Regulatory Commission.
‘‘(3) 
EVALUATION.—The 
Interagency
Committee shall evaluate Federal permit-
ting requirements to which access, exca-
vation, and restoration activities in con-
nection with pipeline repairs described
in paragraph (1) may be subject. As part
of its evaluation, the Interagency Com-
mittee shall examine the access, exca-
vation, and restoration practices of the
pipeline industry in connection with such
pipeline repairs, and may develop a com-
pendium of best practices used by the in-
dustry to access, excavate, and restore
the site of a pipeline repair.
‘‘(4) 
MEMORANDUM
OF
UNDER-
STANDING.—Based upon the evaluation re-
quired under paragraph (3) and not later
than 1 year after the date of enactment of
this section, the members of the Inter-
agency Committee shall enter into a
memorandum of understanding to pro-
vide for a coordinated and expedited
pipeline repair permit review process in
135
order to enable pipeline operators to
commence and complete all activities
necessary to carry out pipeline repairs
within any time periods specified by rule
by the Secretary.
‘‘(5) STATE AND LOCAL CONSULTATION.—
In carrying out this subsection, the Inter-
agency Committee shall consult with ap-
propriate State and local environmental,
pipeline safety, and emergency response
officials, and such other officials as the
Interagency Committee considers appro-
priate.
‘‘(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 Inter-
agency Committee shall revise its regulations
as necessary to implement the provisions of
the memorandum of understanding.
‘‘(c) SAVINGS
PROVISIONS; NO
PREEMP-
TION.—Nothing 
in 
this 
section 
shall 
be
construed—
‘‘(1) to require a pipeline operator to
obtain a Federal permit, if no Federal
136
permit would otherwise have been re-
quired 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 subject to the limitations in
paragraph (2), the Secretary of Transpor-
tation shall revise the regulations of the
Department, to the extent necessary, to
permit a pipeline operator subject to
time periods for repair specified by rule
by the Secretary to implement alter-
native mitigation measures until all ap-
plicable permits have been granted.
‘‘(2) 
LIMITATIONS.—The 
regulations
issued by the Secretary pursuant to this
subsection shall not allow an operator to
implement alternative mitigation meas-
ures pursuant to paragraph (1) unless—
‘‘(A) allowing the operator to im-
plement such measures would be con-
sistent with the protection of human
137
health, public safety, and the environ-
ment;
‘‘(B) the operator, with respect to
a particular repair project, has ap-
plied for and is pursuing diligently
and in good faith all required Fed-
eral, State, and local permits to carry
out the project; and
‘‘(C) 
the 
proposed 
alternative
mitigation measures are not incom-
patible with pipeline safety.
‘‘(e) OMBUDSMAN.—The Secretary shall des-
ignate an ombudsman to assist in expediting
pipeline repairs and resolving disagreements
between Federal, State, and local permitting
agencies and the pipeline operator during
agency review of any pipeline repair activity,
consistent with protection of human health,
public safety, and the environment.
‘‘(f) STATE
AND LOCAL PERMITTING PROC-
ESSES.—The Secretary shall encourage States
and local governments to consolidate their re-
spective permitting processes for pipeline re-
pair projects subject to any time periods for
repair specified by rule by the Secretary. The
138
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 anal-
ysis for chapter 601 is amended by adding at
the end the following:
‘‘60133. Coordination of environmental reviews.’’.
SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of the enact-
ment of this Act, the Secretary of Transpor-
tation shall, in conjunction with the Federal
Communications Commission, facility opera-
tors, excavators, and one-call notification sys-
tem operators, 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 adding at the end the following:
‘‘§ 60134. Recommendations and responses
‘‘(a) RESPONSE
REQUIREMENT.—Whenever
the Office of Pipeline Safety has received rec-
ommendations from the National Transpor-
tation Safety Board regarding pipeline safety,
139
it shall submit a formal written response to
each such recommendation within 90 days
after receiving the recommendation. The re-
sponse shall indicate whether the Office
intends—
‘‘(1) to carry out procedures to adopt
the complete 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 PROCE-
DURES
AND
REASONS
FOR
REFUSALS.—A re-
sponse under subsection (a)(1) or (2) shall in-
clude a copy of a proposed timetable for com-
pleting the procedures. A response under sub-
section (a)(2) shall detail the reasons for the
refusal to carry out procedures on the re-
mainder of the recommendations. A response
under subsection (a)(3) shall detail the rea-
sons for the refusal to carry out procedures
to adopt the recommendations.
‘‘(c) PUBLIC AVAILABILITY.—The Office shall
make a copy of each recommendation and re-
140
sponse available to the public, including in
electronic form.
‘‘(d) REPORTS
TO CONGRESS.—The Office
shall submit to Congress on January 1 of each
year a report describing each recommenda-
tion on pipeline safety made by the National
Transportation Safety Board to the Office
during the prior year and the Office’s re-
sponse to each recommendation.’’.
(b) CONFORMING AMENDMENT.—The anal-
ysis for chapter 601 is amended by adding at
the end the following:
‘‘60134. Recommendations and responses.’’.
SEC. 17. MISCELLANEOUS AMENDMENTS.
(a) PROTECTION OF PUBLIC HEALTH, WEL-
FARE, 
AND
THE
ENVIRONMENT.—Section
60102(a)(1) is amended by inserting ‘‘in order
to protect public health and welfare and the
environment from reasonably anticipated
threats that could be posed by such transpor-
tation 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 subparagraph:
141
‘‘(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 follows through ‘‘The Secretary
of Transportation’’ and inserting the
following:
‘‘(a) MINIMUM SAFETY STANDARDS.—
‘‘(1) IN
GENERAL.—The Secretary of
Transportation’’;
(B) by moving the remainder of
the text of paragraph (1), including
subparagraphs (A) and (B) but ex-
cluding subparagraph (C), 2 ems to
the right; and
(C) in paragraph (2) by inserting
‘‘QUALIFICATIONS
OF
PIPELINE
OPERA-
TORS.—’’ before ‘‘The qualifications’’;
(2) in section 60110(b) by striking
‘‘circumstances’’ 
and 
all 
that 
follows
through ‘‘operator’’ and inserting the fol-
142
lowing: ‘‘circumstances, if any, under
which an operator’’;
(3) in section 60114 by redesignating
subsection (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) re-
lated to gas and hazardous liquid, the fol-
lowing amounts are authorized to be appro-
priated 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 fiscal 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 fiscal year 2004 collected
under section 60301 of this title.