101
(2) DUTIES.—The Advisory Committee
shall—
(A) advise the Secretary of En-
ergy, the Secretary of Transportation,
and the Director of the National Insti-
tute of Standards and Technology on
the development and implementation
of the program plan prepared under
subsection (b); and
(B) have a continuing role in eval-
uating the progress and results of re-
search, development, demonstration,
and standardization activities carried
out under this section.
(3) MEMBERSHIP.—
(A) APPOINTMENT.—The Advisory
Committee shall be composed of—
(i) 3 members appointed by
the Secretary of Energy;
(ii) 3 members appointed by
the Secretary of Transportation;
and
(iii) 3 members appointed by
the Director of the National Insti-
102
tute 
of 
Standards 
and 
Tech-
nology.
In making appointments, the Sec-
retary of Energy, the Secretary of
Transportation, and the Director of
the National Institute of Standards
and 
Technology 
shall 
seek 
rec-
ommendations 
from 
the 
National
Academy of Sciences.
(B) QUALIFICATIONS.—Members ap-
pointed to the Advisory Committee
shall have experience or be tech-
nically 
qualified, 
by 
training 
or
knowledge, in the operations of the
pipeline industry, and have experi-
ence in the research and development
of pipeline or related technologies.
(C) COMPENSATION.—The members
of the Advisory Committee shall serve
without compensation, but shall re-
ceive travel expenses, including per
diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of
title 5, United States Code.
103
(4) MEETINGS.—The Advisory Com-
mittee shall meet at least 4 times each
year.
(5) TERMINATION.—The Advisory Com-
mittee shall terminate 5 years after its es-
tablishment.
(d) REPORTS TO CONGRESS.—Not later than
1 year after the date of the enactment of this
Act, and annually thereafter, the Secretary of
Energy, in cooperation with the Secretary of
Transportation and the Director of the Na-
tional Institute of Standards and Technology,
shall transmit to the Congress a report on the
status and results to date of the implementa-
tion of the program plan prepared under sub-
section (b).
(e) MEMORANDUM OF UNDERSTANDING.—Not
later than 120 days after the date of the enact-
ment of this Act, the Secretary of Energy, the
Secretary of Transportation, and the Director
of the National Institute of Standards and
Technology shall enter into a memorandum of
understanding detailing their respective re-
sponsibilities under this section, consistent
with the activities and capabilities identified
104
under subsection (a)(3). The Department of
Transportation’s responsibilities shall reflect
its expertise in pipeline inspection and infor-
mation systems surety. The Department of
Energy’s responsibilities shall reflect its ex-
pertise in low-volume leak detection and sur-
veillance technologies. The National Institute
of Standards and Technology’s responsibil-
ities shall reflect its expertise in standards
and materials research.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized
to be appropriated—
(A) to the Secretary of Energy
$10,000,000;
(B) to the Secretary of Transpor-
tation $5,000,000; and
(C) to the National Institute of
Standards and Technology $5,000,000,
for each of the fiscal years 2003 through
2006 for carrying out this section.
(2) GENERAL
REVENUE
FUNDING.—Any
sums appropriated under this subsection
shall be derived from general revenues
and may not be derived from amounts
105
collected under section 60301 of title 49,
United States Code.
(g) DEFINITIONS.—For purposes of this
section—
(1) the term ‘‘energy pipeline’’ means
a pipeline system used in the trans-
mission or local distribution of natural
gas (including liquefied natural gas),
crude oil, or refined petroleum products;
(2) the term ‘‘next-generation pipe-
line’’ means a transmission or local dis-
tribution pipeline system designed to
transmit energy or energy-related prod-
ucts, in liquid or gaseous form, other
than energy pipelines; and
(3) the term ‘‘pipeline’’ means an en-
ergy pipeline or a next-generation pipe-
line.
SEC. 10. CERTIFICATION OF PIPELINE QUALIFICATION
PROGRAMS.
(a) CERTIFICATION PROGRAM.—
(1) IN GENERAL.—Chapter 601 is fur-
ther amended by adding at the end the
following:
106
‘‘§ 60130. Certification of pipeline qualification pro-
grams
‘‘(a) IN GENERAL.—Subject to the require-
ments of this section, the Secretary of Trans-
portation shall require the operator of a pipe-
line facility to develop and adopt a qualifica-
tion program to ensure that the personnel of
the operator who perform covered tasks are
qualified to conduct such tasks.
‘‘(b) STANDARDS AND CRITERIA.—
‘‘(1) DEVELOPMENT.—Not later than 1
year after the date of enactment of this
section, the Secretary shall ensure that
the Department of Transportation has in
place standards and criteria for qualifica-
tion programs referred to in subsection
(a).
‘‘(2) CONTENTS.—The standards and
criteria shall include the following:
‘‘(A) The establishment of indus-
try standards for the qualifications of
personnel described in subsection (a).
‘‘(B) A requirement that pipeline
operators 
develop 
and 
implement
written plans and procedures to train
and evaluate the abilities of per-
107
sonnel described in subsection (a) to
meet the industry standards estab-
lished under subparagraph (A).
‘‘(C) A requirement that the plans
and procedures adopted by a pipeline
operator under subparagraph (B) be
certified under subsection (e).
‘‘(c) DEVELOPMENT OF QUALIFICATION PRO-
GRAMS
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 qual-
ification program that complies with the
standards and criteria described in sub-
section (b).
‘‘(d) ELEMENTS
OF
QUALIFICATION
PRO-
GRAMS.—A qualification program adopted by
an operator under subsection (a) shall in-
clude, at a minimum, the following elements:
‘‘(1) A method for examining or test-
ing the qualifications of personnel de-
scribed 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 de-
108
termined that such observation is the
best method of examining or testing
qualifications. The Secretary shall ensure
that the results of any such observations
are documented in writing.
‘‘(2) A requirement that the operator
complete the qualification of all per-
sonnel described in subsection (a) not
later than 18 months after the date of
adoption of the qualification program.
‘‘(3) A periodic requalification compo-
nent that provides for examination or
testing of personnel in accordance with
paragraph (1).
‘‘(4) A program to provide training, as
appropriate, to ensure that individuals
performing covered tasks have the nec-
essary knowledge and skills to perform
the tasks in a manner that ensures the
safe operation of pipeline facilities.
‘‘(e) CERTIFICATION OF PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary shall
certify the qualification program of each
pipeline operator. The qualification pro-
gram of a pipeline operator shall be cer-
109
tified if the operator’s program complies
with the standards and criteria described
in subsection (b) and includes the ele-
ments 
described 
in 
paragraphs 
(1)
through (3) of subsection (d).
‘‘(2) AGREEMENT OR STATE AUTHORIZA-
TION.—The Secretary may enter into a co-
operative agreement or contract with a
public or private entity, or may authorize
a State authority, to certify qualification
programs under this subsection.
‘‘(3) DEADLINE FOR COMPLETION.—Cer-
tifications under this subsection shall be
completed not later than 3 years after the
date of the enactment of this section.
‘‘(4) INADEQUATE
PROGRAMS.—If the
Secretary decides that a qualification
program is inadequate for the safe oper-
ation of a pipeline facility, the Secretary
shall act as under section 60108(a)(2) to
require the operator to revise the quali-
fication program.
‘‘(5) PROGRAM
MODIFICATIONS.—If the
operator of a pipeline facility seeks to
modify significantly a program that has
110
been certified under this subsection, the
operator shall submit the modifications
to the Secretary for approval.
‘‘(6) WAIVERS
AND
MODIFICATIONS.—In
accordance with section 60118(c), the Sec-
retary may waive or modify any require-
ment of this section.
‘‘(7) INACTION BY THE SECRETARY.—Not-
withstanding any failure of the Secretary
to prescribe standards and criteria as de-
scribed 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 de-
scribed 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 sec-
tion, the term ‘covered task’—
‘‘(1) with respect to a gas pipeline fa-
cility, 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
111
‘‘(2) with respect to a hazardous liq-
uid pipeline facility, has the meaning
such term has under section 195.501 of
such title, as in effect on the date of en-
actment of this section.
‘‘(g) REPORT.—Not later than 5 years after
the date of enactment of this section, the Sec-
retary 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 following:
‘‘60130. Certification of pipeline qualification programs.’’.
(b) PILOT PROGRAM FOR CERTIFICATION OF
CERTAIN PIPELINE WORKERS.—
(1) IN
GENERAL.—Not later than 36
months after the date of enactment of
this Act, the Secretary of Transportation
shall—
(A) develop tests and other re-
quirements for certifying the quali-
fications of individuals who operate
computer-based systems for control-
ling the operations of pipelines; and
112
(B) establish and carry out a pilot
program 
for 
pipeline 
facilities
under which the individuals oper-
ating 
computer-based 
systems 
for
controlling the operations of pipe-
lines at such facilities are required to
be certified under the process estab-
lished under subparagraph (A).
(2) REPORT.—The Secretary shall in-
clude in the report required under sec-
tion 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 pro-
gram and implementation of the pilot
program at each of the 3 pipeline fa-
cilities;
(B) an evaluation of the pilot pro-
gram, including the effectiveness of
the process for certifying individuals
who operate computer-based systems
for controlling the operations of pipe-
lines;
(C) any recommendations of the
Secretary for requiring the certifi-
113
cation of all individuals who operate
computer-based systems for control-
ling the operations of pipelines; and
(D) an assessment of the ramifica-
tions of requiring the certification of
other individuals performing safety-
sensitive functions for a pipeline fa-
cility.
(3) DEFINITION.—For purposes of this
subsection, the term ‘‘computer-based
systems’’ means supervisory control and
data acquisition systems.
SEC. 11. ADDITIONAL GAS PIPELINE PROTECTIONS.
(a) RISK ANALYSIS AND INTEGRITY MANAGE-
MENT PROGRAMS.—Section 60109 is amended
by adding at the end the following:
‘‘(c) RISK ANALYSIS AND INTEGRITY MANAGE-
MENT 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
implement a written integrity manage-
114
ment 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 di-
rect an operator’s conduct of a risk anal-
ysis and adoption and implementation of
an integrity management program under
this subsection. The regulations shall re-
quire 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 ex-
ceed 1 year after the issuance of such
regulations. The Secretary may satisfy
the 
requirements 
of 
this 
paragraph
through 
the 
issuance 
of 
regulations
under this paragraph or under other au-
thority of law.
‘‘(3) MINIMUM REQUIREMENTS OF INTEG-
RITY
MANAGEMENT
PROGRAMS.—An integ-
rity 
management 
program 
required
under paragraph (1) shall include, at a
minimum, the following requirements:
115
‘‘(A) A baseline integrity assess-
ment of each of the operator’s facili-
ties 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 manage-
ment program, by internal inspection
device, pressure testing, direct assess-
ment, or an alternative method that
the Secretary determines would pro-
vide an equal or greater level of safe-
ty.
‘‘(B) Subject to paragraph (4),
periodic reassessment of the facility,
at a minimum of once every 7 years,
using methods described in subpara-
graph (A).
‘‘(C) Clearly defined criteria for
evaluating the results of inspections
conducted under subparagraph (B)
and for taking actions based on such
results.
‘‘(D) A method for conducting an
analysis on a continuing basis that in-
tegrates 
all 
available 
information
116
about the integrity of the facility and
the consequences of releases from the
facility.
‘‘(E) A description of actions to be
taken by the operator to promptly ad-
dress any integrity issue raised by an
evaluation conducted under subpara-
graph (C) or the analysis conducted
under subparagraph (D).
‘‘(F) A description of measures to
prevent 
and 
mitigate 
the 
con-
sequences of releases from the facil-
ity.
‘‘(G) A method for monitoring ca-
thodic protection systems throughout
the pipeline system of the operator to
the extent not addressed by other
regulations.
‘‘(H) If the Secretary raises a safe-
ty concern 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 au-
117
thorities under an agreement entered
into under section 60106.
‘‘(4) WAIVERS
AND
MODIFICATIONS.—In
accordance with section 60118(c), the Sec-
retary may waive or modify any require-
ment for reassessment of a facility 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 pipe-
line safety.
‘‘(5) STANDARDS.—The standards pre-
scribed by the Secretary under para-
graph (2) shall address each of the fol-
lowing factors:
‘‘(A) The minimum requirements
described in paragraph (3).
‘‘(B) The type or frequency of in-
spections or testing of pipeline facili-
ties, in addition to the minimum re-
quirements of paragraph (3)(B).
‘‘(C) The manner in which the in-
spections or testing are conducted.
118
‘‘(D) The criteria used in ana-
lyzing results of the inspections or
testing.
‘‘(E) The types of information
sources that must be integrated in as-
sessing the integrity of a pipeline fa-
cility as well as the manner of inte-
gration.
‘‘(F) The nature and timing of ac-
tions selected to address the integrity
of a pipeline facility.
‘‘(G) Such other factors as the
Secretary determines appropriate to
ensure that the integrity of a pipeline
facility is addressed and that appro-
priate mitigative measures are adopt-
ed to protect areas identified under
subsection (a)(1).
In prescribing those standards, the Sec-
retary shall ensure that all inspections
required are conducted in a manner that
minimizes 
environmental 
and 
safety
risks, and shall take into account the ap-
plicable level of protection established by
119
national consensus standards organiza-
tions.
‘‘(6) 
ADDITIONAL
OPTIONAL
STAND-
ARDS.—The Secretary may also prescribe
standards requiring an operator of a
pipeline facility to include in an integrity
management 
program 
under 
this
subsection—
‘‘(A) changes to valves or the es-
tablishment or modification of sys-
tems that monitor pressure and de-
tect leaks based on the operator’s risk
analysis; and
‘‘(B) the use of emergency flow re-
stricting devices.
‘‘(7) INACTION BY THE SECRETARY.—Not-
withstanding 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 man-
agement program under paragraph (1)
not later than 30 months after the date of
the enactment of this subsection.
120
‘‘(8) REVIEW OF INTEGRITY MANAGEMENT
PROGRAMS.—
‘‘(A) REVIEW OF PROGRAMS.—
‘‘(i) 
IN
GENERAL.—The 
Sec-
retary shall review a risk analysis
and integrity management pro-
gram 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
Secretary may conduct a review
under clause (i) as an element of
the Secretary’s inspection of an
operator.
‘‘(iii) INADEQUATE PROGRAMS.—
If the Secretary determines that a
risk analysis or integrity manage-
ment 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
121
60108(a)(2) to require the oper-
ator 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 pipe-
line 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 anal-
ysis and integrity management pro-
gram 
reviewed 
by 
the 
Secretary
under this paragraph to any appro-
priate State authority with which the
Secretary has entered into an agree-
ment under section 60106.
‘‘(9) STATE REVIEW OF INTEGRITY MAN-
AGEMENT
PLANS.—A State authority that
enters into an agreement pursuant to sec-
tion 60106, permitting the State authority
to review the risk analysis and integrity
122
management program pursuant to para-
graph (8), may provide the Secretary
with a written assessment of the risk
analysis and integrity management pro-
gram, make recommendations, as appro-
priate, to address safety concerns not
adequately addressed by the operator’s
risk analysis or integrity management
program, and submit documentation ex-
plaining the State-proposed revisions.
The Secretary shall consider carefully the
State’s proposals and work in consulta-
tion with the States and operators to ad-
dress safety concerns.
‘‘(10) APPLICATION OF STANDARDS.—Sec-
tion 60104(b) shall not apply to this sec-
tion.’’.
(b) 
INTEGRITY
MANAGEMENT
REGULA-
TIONS.—Section 60109 is further amended by
adding at the end the following:
‘‘(d) EVALUATION
OF INTEGRITY MANAGE-
MENT 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 safety
123
and the environment of the requirements for
the implementation of integrity management
programs contained in the standards pre-
scribed 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 paragraph (3) and inserting ‘‘; and’’;
and
(3) by adding at the end the fol-
lowing:
‘‘(4) conduct a risk analysis, and
adopt and implement an integrity man-
agement program, for pipeline facilities
as required under section 60109(c).’’.
(d) STUDY OF REASSESSMENT INTERVALS.—
(1) STUDY.—The Secretary of Trans-
portation shall conduct a study to evalu-
ate the 7-year reassessment interval re-
quired by section 60109(c)(3)(B) of title
49, United States Code, as added by sub-
section (a) of this section.
124
(2) REPORT.—Not later than 7 years
after the date of the enactment of this
Act, the Secretary shall transmit to Con-
gress 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) TERRORISM SECURITY PROGRAMS.—
‘‘(1) IN
GENERAL.—Subject to the re-
quirements of this subsection, the oper-
ator of a pipeline facility shall develop
and implement a terrorism security pro-
gram reviewed and verified under para-
graph (3).
‘‘(2) CONTENTS OF PROGRAMS.—
‘‘(A) IN GENERAL.—A terrorism se-
curity 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 pipe-
line facility or an attack on other in-
frastructure facilities in the United
States. Such procedures shall include