Pipeline Safety Improvement Act of 2002
PL 107-355 (H.R.3609), enacted 12/17/2002

PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2985 
Public Law 107-355 
107th Congress 
An Act 
49 u s e 60101 
note. 
To amend title 49, United States Code, to enhance the seciirity and safety of 
Dec. 17, 2002 
pipeUnes. 
[H.R. 3609] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Pipeline Safety 
Improvement Act 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES 
of 2002. 
CODE. 
(a) SHORT TITLE.—This Act may be cited as the "Pipeline Safety 
Improvement Act of 2002". 
(b) AMENDME^^^ OF TITLE 49, UNITED STATES CODE.—Except 
as otherwise expressly provided, whenever in this Act an amend-
ment 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. 
SEC. 2. ONE-CALL NOTIFICATION PROGRAMS. 
(a) MINIMUM STANDARDS.—Section 6103 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by inserting ", including all govern-
ment operators" before the semicolon at the end; and 
(B) in paragraph (2) by inserting ", including all govern-
ment and contract excavators" before the semicolon at the 
end; and 
(2) in subsection (c) by striking "provide for" and inserting 
"provide for and document". 
(b) COMPLIANCE WITH MINIMUM STANDARDS.—Section 6104(d) 
is amended by striking "Within 3 years after the date of the enact-
ment of this chapter, the Secretary shall begin to" and inserting 
"The Secretary shall". 
(c) IMPLEMENTATION OF BEST PRACTICES GUIDELINES.— 
(1) IN GENERAL.—Section 6105 is amended to read as fol-
lows: 
"§ 6105. Implementation of best practices guidelines 
"(a) ADOPTION OF BEST PRACTICES.—The Secretary of Transpor-
tation shall encourage States, operators of one-call notification pro-
grams, excavators (including all government and contract exca-
vators), and underground facility operators to adopt and implement 
practices identified in the best practices report entitled 'Common 
Ground', as periodically updated. 
"(b) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to and participate in programs sponsored by a 
116 STAT. 2986 
PUBLIC LAW 107-355—DEC. 17, 2002 
non-profit organization specifically established for the purpose of 
reducing construction-related damage to underground facilities. 
"(c) GRANTS.— 
"(1) IN GENERAL.—The Secretary may make grants to a 
non-profit organization described in subsection (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 2003 through 2006. Such 
sums shall remain 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 relating to section 6105 
and inserting the following: 
"6105. Implementation of best practices guidelines.". 
(d) AUTHORIZATION OF APPROPRL\TIONS.— 
(1) FOR GRANTS FOR STATES.—Section 6107(a) is amended 
by striking "$1,000,000 for fiscal 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 OPERATORS. 
(a) LIMITATION ON PREEMPTION.—Section 60104(c) is amended 
by adding at the end the following: "Notwithstanding 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 chapter 61.". 
(b) MINIMUM REQUIREMENTS.—Section 60114(a)(2) is amended 
by inserting ", including a government employee or contractor," 
after "person". 
(c) CRIMINAL PENALTIES.—Section 60123(d) is amended— 
(1) in the matter preceding paragraph (1) by striking 
"knowingly and willfully"; 
(2) in paragraph (1) by inserting "knowingly and willfully" 
before "engages"; 
(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 report 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 violator.". 
SEC. 4. STATE OVERSIGHT ROLE. 
(a) STATE AGREEMENTS WITH CERTIFICATION.—Section 60106 
is amended— 
(1) in subsection (a) by striking "GENERAL AUTHORITY.— 
" and inserting "AGREEMENTS WITHOUT CERTIFICATION.—"; 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2987 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; and 
(3) by inserting after subsection (a) the following: 
"(b) AGREEMENTS WITH CERTIFICATION.— 
"(1) IN GENERAL.—If the Secretary accepts a certification 
under section 60105 and makes the determination required 
under this subsection, the Secretary may make an agreement 
with a State authority authorizing it to participate in the 
oversight of interstate pipeline transportation. Each such agree-
ment shall include a plan for the State authority to participate 
in special investigations involving incidents or new construction 
and allow the State authority to participate in other activities 
overseeing interstate pipeline transportation or to assume addi-
tional inspection or investigatory duties. Nothing in this section 
modifies section 60104(c) or authorizes the Secretary to delegate 
the enforcement of safety standards for interstate pipeline facili-
ties prescribed under this chapter to a State authority. 
"(2) DETERMINATIONS REQUIRED.—The Secretary may 
not 
enter into an agreement under this subsection, unless the Sec-
retary determines in writing that— 
"(A) the agreement allowing participation of the State 
authority is consistent with the Secretary's program for 
inspection and consistent with the safety policies and provi-
sions provided under this chapter; 
"(B) the interstate participation agreement would not 
adversely affect the oversight responsibilities of intrastate 
pipeline transportation by the State authority; 
"(C) the State is carrying out a program demonstrated 
to promote preparedness and risk prevention activities that 
enable communities to live safely with pipelines; 
"(D) the State meets the minimum standards for State 
one-call notification set forth in chapter 61; and 
"(E) the actions planned under the agreement would 
not impede interstate commerce or jeopardize public safety. 
"(3) EXISTING AGREEMENTS.—If requested by the State 
authority, the Secretary shall authorize a State authority which 
had an interstate agreement in effect after January 31, 1999, 
to oversee interstate pipeline transportation pursuant to the 
terms of that agreement until the Secretary determines that 
the State meets the requirements of paragraph (2) and executes 
a new agreement, or until December 31, 2003, whichever is 
sooner. Nothing in this paragraph shall prevent the Secretary, 
after affording the State notice, hearing, and an opportunity 
to correct any alleged deficiencies, from terminating an agree-
ment that was in effect before enactment of the Pipeline Safety 
Improvement Act of 2002 i
f
— 
"(A) the State authority fails to comply with the terms 
of the agreement; 
"(B) implementation of the agreement has resulted in 
a gap in the oversight responsibilities of intrastate pipeline 
transportation by the State authority; or 
"(C) continued participation by the State authority in 
the oversight of interstate pipeline transportation has had 
an adverse impact on pipeline safety.", 
(b) ENDING AGREEMENTS.—Subsection (e) of section 60106 (as 
redesignated by subsection (a)(2) of this section) is amended to 
read as follows: 
116 STAT. 2988 
PUBLIC LAW 107-355—DEC. 17, 2002 
Notice. 
Federal Register, 
publication. 
Deadline. 
"(e) ENDING AGREEMENTS.— 
"(1) PERMISSIVE TERMINATION.—The Secretary may end 
an 
agreement under this section when the Secretary finds that 
the State authority has not compHed with any provision of 
the agreement. 
"(2) MANDATORY TERMINATION OF AGREEMENT.—The Sec-
retary shall end an agreement for the oversight of interstate 
pipeline transportation if the Secretary finds that— 
"(A) implementation of such agreement has resulted 
in a gap in the oversight responsibilities of intrastate pipe-
line transportation by the State authority; 
"(B) the State actions under the agreement have failed 
to meet the requirements under subsection (b); or 
"(C) continued participation by the State authority in 
the oversight of interstate pipeline transportation would 
not promote pipeline safety. 
"(3) PROCEDURAL REQUIREMENTS.—The Secretary shall give 
notice and an opportunity for a hearing to a State authority 
before ending an agreement under this section. The Secretary 
may provide a State an opportunity to correct any deficiencies 
before ending an agreement. The finding and decision to end 
the agreement shall be published in the Federal Register and 
may not become effective for at least 15 days after the date 
of publication unless the Secretary finds that continuation of 
an agreement poses an imminent hazard.". 
(c) SECRETARY'S RESPONSE TO STATE NOTICES OF VIOLATIONS.— 
Subsection (c) of section 60106 (as redesignated by subsection (a)(2) 
of this section) is amended— 
(1) by striking "Each agreement" and inserting the fol-
lowing: 
"(1) IN GENERAL.—Each agreement"; 
(2) by adding at the end the following: 
"(2) RESPONSE BY SECRETARY.—If a State authority notifies 
the Secretary under paragraph (1) of a violation or probable 
violation of an applicable safety standard, the Secretary, not 
later than 60 days after the date of receipt of the notification, 
shall— 
"(A) issue an order under section 60118(b) or take 
other appropriate enforcement actions to ensure compliance 
with this chapter; or 
"(B) provide the State authority with a written expla-
nation as to why the Secretary has determined not to 
take such actions."; and 
(3) by aligning the text of paragraph (1) (as designated 
by this subsection) with paragraph (2) (as added by this sub-
section). 
SEC. 5. PUBLIC EDUCATION PROGRAMS. 
Section 60116 is amended to read as follows: 
"§60116. Public education programs 
"(a) IN GENERAL.—Each owner or operator of a gas or hazardous 
liquid pipeline facility shall carry out a continuing program to 
educate the public on the use of a one-call notification system 
prior to excavation and other damage prevention activities, the 
possible hazards associated with unintended releases from the pipe-
line facility, the physical indications that such a release may have 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2989 
occurred, what steps should be taken for public safety in the event 
of a pipeline release, and how to report such an event. 
"(b) MODIFICATION OF EXISTING PROGRAJVIS.—Not later than Deadline. 
12 months after the date of enactment of the Pipeline Safety 
Improvement Act of 2002, each owner or operator of a gas or 
hazardous liquid pipeline facility shall review its existing public 
education program for effectiveness and modify the program as 
necessary. The completed program shall include activities to advise 
affected municipalities, school districts, businesses, and residents 
of pipeline facility locations. The completed program shall be sub-
mitted to the Secretary or, in the case of an intrastate pipeline 
facility operator, the appropriate State agency, and shall be periodi-
cally reviewed by the Secretary or, in the case of an intrastate 
pipeline facility operator, the appropriate State agency. 
"(c) STANDARDS.—The Secretary may issue standards pre-
scribing the elements of an effective public education program. 
The Secretary may also develop material for use in the program.". 
SEC. 6. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
INFORMATION. 
(a) IN GENERAL.—Chapter 601 is amended by adding at the 
end the following: 
"§60129. Protection of employees providing pipeline safety 
information 
"(a) DISCRIMINATION AGAINST EMPLOYEE.— 
"(1) IN GENERAL.—No employer 
may 
discharge 
any 
employee or otherwise discriminate against any employee with 
respect to his compensation, terms, conditions, or privileges 
of employment 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 employer or the 
Federal Government information relating 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 identified 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 proceeding regarding any provi-
sion (or proposed provision) of this chapter or any other 
Federal law relating 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 enforce-
ment of any requirement imposed under this chapter or 
any other Federal law relating to pipeline safety; 
"(E) provided, caused to be provided, or is about to 
provide or cause to be provided, testimony in any pro-
ceeding described in subparagraph (D); or 
"(F) assisted or participated or is about to assist or 
participate in any manner in such a proceeding or in any 
116 STAT. 2990 
PUBLIC LAW 107-355—DEC. 17, 2002 
Deadlines. 
Notification. 
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) 
EMPLOYER 
DEFINED.—In 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 PROCEDURE.— 
"(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 complaint, the Sec-
retary of Labor shall notify, in writing, the person or persons 
named in the complaint and the Secretary of Transportation 
of the filing of the complaint, of the allegations contained in 
the complaint, of the substance of evidence supporting the 
complaint, and of the opportunities that will be afforded to 
such person 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 oppor-
tunity 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 com-
plaint 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 Secretary of Labor concludes that there 
is reasonable cause to believe that a violation of subsection 
(a) has occurred, the Secretary of Labor shall include with 
the Secretary of Labor's findings with a preliminary order 
providing the relief 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 com-
mitted 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 objections shall 
not operate to stay any reinstatement remedy contained 
in the preliminary order. Such hearings shall be conducted 
expeditiously. 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 judicial review. 
"(B) REQUIREMENTS.— 
"(i) 
REQUIRED SHOWING BY COMPLAINANT.—The 
Secretary of Labor shall dismiss a complaint filed 
under this subsection and shall not conduct an inves-
tigation otherwise required under subparagraph (A) 
unless the complainant makes a prima facie showing 
that any behavior described in subsection (a) was a 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2991 
contributing factor in the unfavorable personnel action 
alleged in the complaint. 
"(ii) SHOWING BY EMPLOYER.—Notwithstanding a 
finding by the Secretary of Labor that the complainant 
- has made the showing required under clause (i), no 
;; 
investigation otherwise required under subparagraph 
(A) shall be conducted if the employer demonstrates, 
by clear and convincing evidence, that the employer 
would have taken the same unfavorable personnel 
action in the absence of that behavior. 
"(iii) 
CRITERIA 
FOR DETERMINATION 
BY 
SEC-
RETARY.—The Secretary of Labor may determine that 
a violation of subsection (a) has occurred only if the 
complainant demonstrates that any behavior described 
in subsection (a) was a contributing factor in the 
unfavorable personnel action alleged in the complaint. 
"(iv) PROHIBITION.—Relief may not be ordered 
under subparagraph (A) if the employer demonstrates 
by clear and convincing 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; SETTLEMENT AGREE-
MENTS.—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 prescribed 
by this paragraph or denying the complaint. 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 persons alleged to have 
committed the violation. 
"(B) REMEDY.—If, in response to a complaint filed 
under paragraph (1), the Secretary of Labor determines 
that a violation of subsection (a) has occurred, the Secretary 
of Labor shall order the person or persons who committed 
such violation to— 
"(i) take affirmative action to abate the violation; 
"(ii) reinstate the complainant to his or her former 
position together with the compensation (including 
back pay) and restore the terms, conditions, and privi-
leges associated with his or her employment; and 
"(iii) 
provide 
compensatory 
damages 
to the 
complainant. 
If such an order is issued under this paragraph, the Sec-
retary 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 
witness fees) reasonably incurred, as determined by the 
Secretary of Labor, by the complainant for, or in connection 
with, the bringing the complaint 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 
116 STAT. 2992 
PUBLIC LAW 107-355—DEC. 17, 2002 
may award to the prevailing employer a reasonable attor-
ney's fee not exceeding $1,000. 
"(4) REVIEW.— 
"(A) 
APPEAL TO COURT OF APPEALS.—^Any person 
adversely affected or aggrieved by an order issued under 
paragraph (3) may obtain review of the order in the United 
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided 
on the date of such violation. The petition for review must 
be filed not later than 60 days after the date of issuance 
of the final order of the Secretary of Labor. Review shall 
conform to chapter 7 of title 5, United States Code. The 
commencement of proceedings under this subparagraph 
shall not, unless ordered by the court, operate as a stay 
of the order. 
"(B) LIMITATION ON COLLATERAL ATTACK.—^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 comply 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 appropriate relief, including, 
but not to be limited to, injunctive relief and compensatory 
damages. 
"(6) ENFORCEMENT OF ORDER BY PARTIES.— 
"(A) COMMENCEMENT OF ACTION.—^A person on whose 
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person or persons to whom 
such order was issued to require compliance with such 
order. The appropriate United States district court shall 
have jurisdiction, without regard to the amount in con-
troversy or the citizenship 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 reasonable attorney and expert witness fees) 
to any party whenever the court determines such award 
of costs is appropriate. 
"(c) MANDAMUS.—^Any nondiscretionary duty imposed by this 
section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code. 
"(d) 
NONAPPLICABILITY TO 
DELIBERATE 
VIOLATIONS.—Sub-
section (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 there-
under, is liable to the Government for a civil penalty of not more 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2993 
than $1,000 for each violation. The penalties provided by paragraph 
(1) do not apply to a violation of section 60129 or an order issued 
thereunder.". 
(c) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by adding at the end the following: 
"60129. Protection of employees providing pipeline safety information.". 
SEC. 7. SAFETY ORDERS. 
Section 60117 is amended by adding at the end the following: 
"(1) SAFETY ORDERS.—If the Secretary decides that a pipeline 
facility has a potential safety-related condition, the Secretary may 
order the operator of the facility to take necessary corrective action, 
including physical inspection, testing, repair, replacement, or other 
appropriate action to remedy the safety-related condition.". 
SEC. 8. PENALTIES. 
(a) PIPELINE FACILITIES HAZARDOUS TO LIFE, PROPERTY, OR 
THE ENVIRONMENT.— 
(1) GENERAL AUTHORITY.—Section 60112(a) is amended to 
read as follows: 
"(a) GENERAL AUTHORITY.—^After notice and an opportunity 
for a hearing, the Secretary of Transportation may decide that 
a pipeline facility is hazardous if the Secretary decides that— 
"(1) operation of the facility is or would be hazardous 
to life, property, or the environment; or 
"(2) the facility is or would be constructed or operated, 
or a component of the facility is or would be constructed or 
operated, with equipment, material, or a technique that the 
Secretary decides is hazardous to life, property, or the environ-
ment.". 
(2) 
CORRECTIVE 
ACTION 
ORDERS.—Section 60112(d) is 
amended by striking "is hazardous" and inserting "is or would 
be hazardous". 
(b) ENFORCEMENT.— 
(1) GENERAL PENALTIES.—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) 
PENALTY 
CONSIDERATIONS.—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 gravity of the viola-
tion, including adverse impact on the environment; 
"(B) with respect to the violator, the degree of culpa-
bility, any history of prior violations, the ability to pay, 
and any effect on ability 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 subsequent damages; and 
"(B) other matters that justice requires.". 
(3) CIVIL ACTIONS.—Section 60120(a) is amended— 
(A) by striking "(a) CIVIL ACTIONS.—(1)" and all that 
follows through "(2) At the request" and inserting the fol-
lowing: 
"(a) CIVIL ACTIONS.— 
116 STAT. 2994 
PUBLIC LAW 107-355—DEC. 17, 2002 
"(1) CIVIL ACTIONS TO ENFORCE THIS CHAPTER.—At the 
request of the Secretary of Transportation, the Attorney Gen-
eral 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, including 
a temporary or permanent injunction, punitive damages, and 
assessment of civil penalties, considering the same factors as 
prescribed for the Secretary in an administrative case under 
section 60122. 
"(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE WITH SUB-
POENAS 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). 
(c) CRIMINAL PENALTIES FOR DAMAGING OR DESTROYING A 
FACILITY.—Section 60123(b) is amended— 
(1) by striking "or" after "gas pipeline facility" and inserting 
", an"; and 
(2) by inserting after "liquid pipeline facility" the following: 
", or either an intrastate gas pipeline facility or intrastate 
hazardous liquid pipeline facility that is used in interstate 
or foreign commerce or in any activity affecting interstate or 
foreign commerce". 
49 use 60122 
(d) COMPTROLLER GENERAL STUDY.— 
note. 
(1) IN GENERAL.—The Comptroller General shall conduct 
a study of the actions, policies, and procedures of the Secretary 
of Transportation for assessing and collecting fines and pen-
alties on operators of hazardous liquid and gas transmission 
pipelines. 
(2) ANALYSIS.—In conducting the study, the Comptroller 
General shall examine, at a minimum, the following: 
(A) The frequency with which the Secretary has sub-
stituted corrective orders for fines and penalties. 
(B) Changes in the amounts of fines recommended 
by safety inspectors, assessed by the Secretary, and actually 
collected. 
(C) An evaluation of the overall effectiveness of the 
Secretary's enforcement strategy. 
(D) The extent to which the Secretary has complied 
with the report of the Government Accounting Office enti-
tled "Pipeline Safety: The Office of Pipeline Safety is 
Changing How it Oversees the Pipeline Industry". 
Deadline. 
(3) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall transmit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committees on Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives a report on the results 
of the study. 
SEC. 9. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES. 
(a) IN GENERAL.—Chapter 601 is further amended by adding 
at the end the following: 
"§60130. Pipeline safety information grants to communities 
"(a) GRANT AUTHORITY.— 
"(1) IN GENERAL.—The Secretary of Transportation may 
make grants for technical assistance to local communities and 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2995 
groups of individuals (not including for-profit entities) relating 
to the safety of pipeline facilities in local communities, other 
than facilities regulated under Public Law 93-153 (43 U.S.C. 
1651 et seq.). The Secretary shall establish competitive proce- Procedures^ 
dures for awarding grants under this section and criteria for 
selecting 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) TECHNICAL ASSISTANCE DEFINED.—In this subsection, 
the term 'technical assistance' means engineering and other 
scientific analysis of pipeline safety issues, including the pro-
motion of public participation in official proceedings conducted 
under this chapter. 
"(b) PROHIBITED USES.—Funds provided under this section may 
not be used for lobbying or in direct support of litigation. 
"(c) ANNUAL REPORT.— 
"(1) IN GENERAL.—Not later than 90 days after the last Deadline, 
day of each fiscal year for which grants are made by the 
Secretary under this section, the Secretary shall report to the 
Committees on Commerce, Science, and Transportation and 
Energy and Natural Resources of the Senate and the Commit-
tees on Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives on grants made 
under this section in the preceding fiscal year. 
"(2) CONTENTS.—The report shall include— 
"(A) a listing of the identity and location of each 
recipient of a grant under this section in the preceding 
fiscal year and the amount received by the recipient; 
"(B) a description of the purpose for which each grant 
was made; and 
"(C) a description of how each grant was used by 
the recipient. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There is 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.". 
(c) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by adding at the end the following: 
"60130. Pipeline safety information grants to communities.". 
SEC. 10. OPERATOR ASSISTANCE IN INVESTIGATIONS. 
(a) IN GENERAL.—Section 60118 is amended by adding at the 
end the following: 
"(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.—If the Sec-
retary or the National Transportation Safety Board investigate 
an accident involving a pipeline facility, the operator of the facility 
shall make available to the Secretary or the Board all records 
and information that in any way pertain to the accident (including 
integrity management plans and test results), and shall afford 
all reasonable assistance in the investigation of the accident.". 
(b) 
CORRECTIVE 
ACTION 
ORDERS.—Section 
60112(d) is 
amended— 
(1) by striking "If the Secretary" and inserting the fol-
lowing: 
"(1) IN GENERAL.—If the Secretary"; 
116 STAT. 2996 
PUBLIC LAW 107-355—DEC. 17, 2002 
(2) by adding the end the following: 
"(2) ACTIONS ATTRIBUTABLE TO AN EMPLOYEE.—If, in 
the 
case of a corrective action order issued following an accident, 
the Secretary determines that the actions of an employee car-
rying out an activity regulated under this chapter, including 
duties under section 6010^(a), may have contributed substan-
tially to the cause of the accident, the Secretary shall direct 
the operator to relieve the employee from performing those 
activities, reassign the employee, or place the employee on 
leave until the earlier of the date on which— 
"(A) the Secretary, after notice and an opportunity 
for a hearing, determines that the employee's actions did 
not contribute substantially to the cause of the accident; 
or 
"(B) the Secretary determines the employee has been 
re-qualified or re-trained as provided for in section 60131 
and can safely perform those activities. 
"(3) EFFECT OF COLLECTIVE BARGAINING AGREEMENTS.—^An 
action taken by an operator under paragraph (2) shall be in 
accordance with the terms and conditions of any applicable 
collective bargaining agreement."; and 
(3) by aligning the remainder of the text of paragraph 
(1) (as designated by paragraph (1) of this subsection) with 
paragraph (2) (as added by paragraph (2) of this subsection), 
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Section 
60118 
is amended by adding at the end the following: 
"(f) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to infringe upon the constitutional rights 
of an operator or its employees.". 
SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY. 
(a) IN GENERAL.—Section 60127 is amended to read as follows: 
*
*
§ 60127. Population encroachment and rights-of-way 
"(a) STUDY.—The Secretary of Transportation, in conjunction 
with the Federal Energy Regulatory Commission and in consulta-
tion with appropriate Federal agencies and State and local govern-
ments, shall undertake a study of land use practices, zoning ordi-
nances, and preservation of environmental resources with regard 
to pipeline rights-of-way and their maintenance. 
"(b) PURPOSE OF STUDY.—The purpose of the study shall be 
to gather information on land use practices, zoning ordinances, 
and preservation of environmental resources— 
"(1) to determine effective practices to limit encroachment 
on existing pipeline rights-of-way; 
"(2) to address and prevent the hazards and risks to the 
public, pipeline workers, and the environment associated with 
encroachment on pipeline rights-of-way; 
"(3) to raise the awareness of the risks and hazards of 
encroachment on pipeline rights-of-way; and 
"(4) to address how to best preserve environmental 
resources in conjunction with maintaining pipeline rights-of-
way, recognizing pipeline operators' regulatory obligations to 
maintain rights-of-way and to protect public safety. 
"(c) CONSIDERATIONS.—In conducting the study, the Secretary 
shall consider, at a minimum, the following: 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2997 
"(1) The legal authority of Federal agencies and State and 
local governments in controlling land use and the limitations 
on such authority. 
"(2) The current practices of Federal agencies and State 
and local governments in addressing land use issues involving 
a pipeline easement. 
"(3) The most effective way to encourage Federal agencies 
and State and local governments to monitor and reduce 
encroachment upon pipeline rights-of-way. 
"(d) REPORT.— 
"(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this subsection, the Secretary shall publish 
a report identifying practices, laws, and ordinances that are 
most successful in addressing issues of encroachment and 
maintenance on pipeline rights-of-way so as to more effectively 
protect public safety, pipeline workers, and the environment. 
"(2) DISTRIBUTION OF REPORT.—The Secretary shall provide 
a copy of the report to— 
"(A) Congress and appropriate Federal agencies; and 
"(B) States for further distribution to appropriate local 
authorities. 
"(3) ADOPTION OF PRACTICES, LAWS, AND ORDINANCES.— 
The Secretary shall encourage Federal agencies and State and 
local governments to adopt and implement appropriate prac-
tices, laws, and ordinances, as identified in the report, to 
address the risks and hazards associated with encroachment 
upon pipeline rights-of-way and to address the potential 
methods 
of 
preserving 
environmental 
resources 
while 
maintaining pipeline rights-of-way, consistent with pipeline 
safety.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by striking the item relating to section 60127 and 
inserting the following: 
"60127. Population encroachment and rights-of-way.". 
SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH 
AND DEVELOPMENT. 
(a) IN GENERAL.—The heads of the participating agencies shall 
carry out a program of research, development, demonstration, and 
standardization to ensure the integrity of pipeline facilities. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of enactment of this Act, the heads of the participating agencies 
shall enter into a memorandum of understanding detailing 
their respective responsibilities in the program authorized by 
subsection (a). 
(2) AREAS OF EXPERTISE.—Under the memorandum of 
understanding, each of the participating agencies shall have 
the primary responsibility for ensuring that the elements of 
the program within its expertise are implemented in accordance 
with this section. The Department of Transportation's respon-
sibilities shall reflect its lead role in pipeline safety and exper-
tise in pipeline inspection, integrity management, and damage 
prevention. The Department of Energy's responsibilities shall 
reflect its expertise in system reliability, low-volume gas leak 
detection, and surveillance technologies. The National Institute 
of Standards and Technology's responsibilities shall reflect its 
Deadline. 
Publication. 
49 u s e 60101 
note. 
Deadline. 
116 STAT. 2998 
PUBLIC LAW 107-355—DEC. 17, 2002 
Deadline. 
Deadline. 
expertise in materials research and assisting in the develop-
ment of consensus technical standards, as that term is used 
in section 12(d)(4) of Public Law 104-13 (15 U.S.C. 272 note). 
(c) PROGRAM ELEMENTS.—The program authorized by sub-
section (a) shall include research, development, demonstration, and 
standardization activities related to— 
(1) materials inspection; 
(2) stress and fracture analysis, detection of cracks, corro-
sion, abrasion, and other abnormalities inside pipelines that 
lead to pipeline failure, and development of new equipment 
or technologies that are inserted into pipelines to detect anoma-
lies; 
(3) internal inspection and leak detection technologies, 
including detection of leaks at very low volumes; 
(4) methods of analyzing content of pipeline throughput; 
(5) pipeline security, including improving the real-time 
surveillance of pipeline rights-of-way, developing tools for evalu-
ating and enhancing pipeline security and 
infrastructure, 
reducing natural, technological, and terrorist threats, and pro-
tecting first response units and persons near an incident; 
(6) risk assessment methodology, including vulnerability 
assessment and reduction of third-party damage; 
(7) communication, 
control, and information 
systems 
surety; 
(8) fire safety of pipelines; 
(9) improved excavation, construction, and repair tech-
nologies; and 
(10) other appropriate elements. 
(d) PROGRAM PLAN.— 
(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Secretary of Transportation, 
in coordination with the Secretary of Energy and the Director 
of the National Institute of Standards and Technology, shall 
prepare and transmit to Congress a 5-year program plan to 
guide activities under this section. Such program plan shall 
be submitted to the Technical Pipeline Safety Standards Com-
mittee and the Technical Hazardous Liquid Pipeline Safety 
Standards Committee for review, and the report to Congress 
shall include the comments of the committees. The 5-year pro-
gram plan shall be based on the memorandum of understanding 
under subsection (b) and take into account related activities 
of other Federal agencies. 
(2) CONSULTATION.—In preparing the program plan and 
selecting and prioritizing appropriate project proposals, the Sec-
retary of Transportation shall consult with or seek the advice 
of appropriate representatives of the natural gas, crude oil, 
and petroleum product pipeline industries, utilities, manufac-
turers, institutions of higher learning, Federal agencies, pipe-
line research institutions, national laboratories. State pipeline 
safety officials, labor organizations, environmental organiza-
tions, pipeline safety advocates, and professional and technical 
societies. 
(e) REPORTS TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the heads 
of the participating agencies shall transmit jointly to Congress 
a report on the status and results to date of the implementation 
of the program plan prepared under subsection (d). 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 2999 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) DEPARTMENT OF TRANSPORTATION.—There is authorized 
to be appropriated to the Secretary of Transportation for car-
rying out this section $10,000,000 for each of the fiscal years 
2003 through 2006. 
(2) DEPARTMENT OF ENERGY.—There is authorized to be 
appropriated to the Secretary of Energy for carrying out this 
section $10,000,000 for each of the fiscal years 2003 through 
2006. 
(3) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 
There is authorized to be appropriated to the Director of the 
National Institute of Standards and Technology for carrying 
out this section $5,000,000 for each of the fiscal years 2003 
through 2006. 
(4) GENERAL REVENUE FUNDING.—^Any sums appropriated 
under this subsection shall be derived from general revenues 
and may not be derived from amounts collected under section 
60301 of title 49, United States Code. 
(g) PIPELINE INTEGRITY PROGRAM.—Of the amounts available 
in the Oil Spill Liability Trust Fund established by section 9509 
of the Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 
shall be transferred to the Secretary of Transportation, as provided 
in appropriation Acts, to carry out programs for detection, preven-
tion, and mitigation of oil spills for each of the fiscal years 2003 
through 2006. 
(h) PARTICIPATING AGENCIES DEFINED.—In this section, the 
term "participating agencies" means the Department of Transpor-
tation, the Department of Energy, and the National Institute of 
Standards and Technology. 
SEC. 13. PIPELINE QUALIFICATION PROGRAMS. 
(a) VERIFICATION PROGRAM.— 
(1) IN GENERAL.—Chapter 601 is further amended by 
adding at the end the following: 
"§ 60131. Verification of pipeline qualification programs 
"(a) IN GENERAL.—Subject to the requirements of this section, 
the Secretary of Transportation shall require the operator of a 
pipeline facility to develop and adopt a qualification program to 
ensure that the individuals who perform covered tasks are qualified 
to conduct such tasks. 
"(b) STANDARDS AND CRITERIA.— 
"(1) DEVELOPMENT.—Not later than 1 year after the date Deadline. 
of enactment of this section, the Secretary shall ensure that 
the Department of Transportation has in place standards and 
criteria for qualification programs referred to in subsection 
(a). 
"(2) CONTENTS.—The standards and criteria shall include 
the following: 
"(A) The establishment of methods for evaluating the 
acceptability of the qualifications of individuals described 
in subsection (a). 
"(B) A requirement that pipeline operators develop and 
implement written plans and procedures to qualify individ-
uals described in subsection (a) to a level found acceptable 
using the methods established under subparagraph (A) and 
116 STAT. 3000 
PUBLIC LAW 107-355—DEC. 17, 2002 
evaluate the abilities of individuals described in subsection 
(a) according to such methods. 
"(C) A requirement that the plans and procedures 
adopted by a pipeline operator under subparagraph (B) 
be reviewed and verified under subsection (e). 
Deadline. 
"(c) DEVELOPMENT OF QUALIFICATION PROGRAMS BY PIPELINE 
OPERATORS.—The Secretary shall require each pipeline operator 
to develop and adopt, not later than 2 years after the date of 
enactment of this section, a qualification program that complies 
with the standards and criteria described in subsection (b). 
"(d) ELEMENTS OF QUALIFICATION PROGRAMS.—A qualification 
program adopted by an operator under subsection (a) shall include, 
at a minimum, the following elements: 
"(1) A method for examining or testing the qualifications 
of individuals described in subsection (a). The method may 
include written examination, oral examination, observation 
during on-the-job performance, on-the-job training, simulations, 
and other forms of assessment. The method may not be limited 
to observation of on-the-job performance, except with respect 
to tasks for which the Secretary has determined that such 
observation is the best method of examining or testing qualiflca-
Records. 
tions. The Secretary shall ensure that the results of any such 
observations are documented in writing. 
Deadline. 
"(2) A requirement that the operator complete the qualifica-
tion of all individuals described in subsection (a) not later 
than 18 months after the date of adoption of the qualification 
program. 
"(3) A periodic requalification component that provides for 
examination or testing of individuals in accordance with para-
graph (1). 
"(4) A program to provide training, as appropriate, to 
ensure that individuals performing covered tasks have the nec-
essary knowledge and skills to perform the tasks in a manner 
that ensures the safe operation of pipeline facilities. 
"(e) REVIEW AND VERIFICATION OF PROGRAMS.— 
"(1) IN GENERAL.—The Secretary shall review the qualifica-
tion program of each pipeline operator and verify its compliance 
with the standards and criteria described in subsection (b) 
and that it includes the elements described in subsection (d). 
Records. 
The Secretary shall record the results of that review for use 
in the next review of an operator's program. 
"(2) DEADLINE FOR COMPLETION.—Reviews Eind verifications 
under this subsection shall be completed not later than 3 years 
after the date of the enactment of this section. 
"(3) INADEQUATE PROGRAMS.—If the Secretary decides that 
a qualification program is inadequate for the safe operation 
of a pipeline facility, the Secretary shall act as under section 
60108(a)(2) to require the operator to revise the qualification 
program. 
Notification. 
"(4) PROGRAM MODIFICATIONS.—If the operator of a pipeline 
facility significantly modifies a program that has been verified 
under this subsection, the operator shall notify the Secretary 
of the modifications. The Secretary shall review and verify 
such modifications in accordance with paragraph (1). 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3001 
"(5) WAIVERS AND MODIFICATIONS.—In accordance with sec-
tion 60118(c), the Secretary may waive or modify any require-
ment of this section if the waiver or modification is not incon-
sistent with pipeUne safety. 
"(6) INACTION BY THE SECRETARY.—Notwithstanding any 
Deadline, 
failure of the Secretary to prescribe standards and criteria 
as described in subsection (b), an operator of a pipehne faciHty 
shall develop and adopt a qualification program that complies 
with the requirement of subsection (b)(2)(B) and includes the 
elements described in subsection (d) not later than 2 years 
after the date of enactment of this section. 
"(f) INTRASTATE PIPELINE FACILITIES.—In the case of an intra-
state pipeline facility operator, the duties and powers of the Sec-
retary under this section with respect to the qualification program 
of the operator shall be vested in the appropriate State regulatory 
agency, consistent with this chapter. 
"(g) COVERED TASK DEFINED.—In this section, the term 'covered 
task'— 
"(1) with respect to a gas pipeline facility, has the meaning 
such term has under section 192.801 of title 49, Code of Federal 
Regulations, including any subsequent modifications; and 
"(2) with respect to a hazardous liquid pipeline facility, 
has the meaning such term has under section 195.501 of such 
title, including any subsequent modifications. 
"(h) REPORT.—Not later than 4 years after the date of enact- Deadline, 
ment of this section, the Secretary shall transmit to Congress 
a report on the status and results to date of the personnel qualifica-
tion regulations issued under this chapter.". 
(2) CONFORMING AMENDMENT.—The analysis for chapter 
601 is amended by adding at end the following: 
"60131. Verification of pipeline qualification programs.". 
(b) PILOT PROGRAM FOR CERTIFICATION OF CERTAIN PIPELINE 
49USC6013I 
WORKERS.— 
note. 
(1) IN GENERAL.—Not later than 36 months after the date Deadline. 
of enactment of this Act, the Secretary of Transportation shall— 
(A) develop tests and other requirements for certifying 
the qualifications of individuals who operate computer-
based systems for controlling the operations of pipelines; 
and 
(B) establish and carry out a pilot program for 3 pipe-
line facilities under which the individuals operating com-
puter-based systems for controlling the operations of pipe-
lines at such facilities are required to be certified under 
the process established under subparagraph (A). 
(2) REPORT.—The Secretary shall include in the report 
required under section 60131(h), as added by subsection (a) 
of this section, the results of the pilot program. The report 
shall include— 
(A) a description of the pilot program and implementa-
tion of the pilot program at each of the 3 pipeline facilities; 
(B) an evaluation of the pilot program, including the 
effectiveness of the process for certifying individuals who 
operate computer-based systems for controlling the oper-
ations of pipelines; 
(C) any recommendations of the Secretary for requiring 
the certification of all individuals who operate computer-
116 STAT. 3002 
PUBLIC LAW 107-355—DEC. 17, 2002 
based systems for controlling the operations of pipelines; 
and 
(D) an assessment of the ramifications of requiring 
the certification of other individuals performing safety-sen-
sitive functions for a pipeline facility. 
(3) 
COMPUTER-BASED SYSTEMS DEFINED.—In this sub-
section, the term "computer-based systems" means supervisory 
control and data acquisition systems. 
SEC. 14. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS 
FOR GAS PIPELINES. 
(a) IN GENERAL.—Section 60109 is amended by adding at the 
end the following: 
"(c) RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.— 
"(1) REQUIREMENT.—Each operator of a gas pipeline facility 
shall conduct an analysis of the risks to each facility of the 
operator located in an area identified pursuant to subsection 
(a)(1) and defined in chapter 192 of title 49, Code of Federal 
Regulations, including any subsequent modifications, and shall 
adopt and implement a written integrity management program 
for such facility to reduce the risks. 
"(2) REGULATIONS.— 
Deadlines. 
"(A) IN GENERAL.—Not later than 12 months after the 
date of enactment of this subsection, the Secretary shall 
issue regulations prescribing standards to direct an opera-
tor's conduct of a risk analysis and adoption and 
implementation of an integrity management program under 
this subsection. The regulations shall require an operator 
to conduct a risk analysis and adopt an integrity manage-
ment program within a time period prescribed by the Sec-
retary, ending not later than 24 months after such date 
of enactment. Not later than 18 months after such date 
of enactment, each operator of a gas pipeline facility shall 
begin a baseline integrity assessment described in para-
graph (3). 
"(B) AUTHORITY TO ISSUE REGULATIONS.—The Secretary 
may satisfy the requirements of this paragraph through 
the issuance of regulations under this paragraph or under 
other authority of law. 
"(3) MINIMUM REQUIREMENTS OF INTEGRITY MANAGEMENT 
PROGRAMS.—^An integrity management program required under 
paragraph (1) shall include, at a minimum, the following 
requirements: 
Deadlines. 
"(A) A baseline integrity assessment of each of the 
operator's facilities in areas identified pursuant to sub-
section (a)(1) and defined in chapter 192 of title 49, Code 
of Federal Regulations, including any subsequent modifica-
tions, by internal inspection device, pressure testing, direct 
assessment, or an alternative method that the Secretary 
determines would provide an equal or greater level of 
safety. The operator shall complete such assessment not 
later than 10 years after the date of enactment of this 
subsection. At least 50 percent of such facilities shall be 
assessed not later than 5 years after such date of enact-
ment. The operator shall prioritize such facilities for assess-
ment based on all risk factors, including any previously 
discovered defects or anomalies and any history of leaks. 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3003 
repairs, or failures. The operator shall ensure that assess-
ments of facilities with the highest risks are given priority 
for completion and that such assessments will be completed 
not later than 5 years after such date of enactment. 
"(B) Subject to paragraph (5), periodic reassessment 
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 assessments conducted under subparagraphs (A) and 
(B) and for taking actions based on such results. 
"(D) A method for conducting an analysis on a con-
tinuing basis that integrates all available information 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 address any integrity issue raised by an evalua-
tion conducted under subparagraph (C) or the analysis 
conducted under subparagraph (D). 
"(F) A description of measures to prevent and mitigate 
the consequences of releases from the facility. 
"(G) A method for monitoring cathodic protection sys-
tems throughout the pipeline system of the operator to 
the extent not addressed by other regulations. 
"(H) If the Secretary raises a safety 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 
authorities under an agreement entered into under section 
60106. 
"(4) 
TREATMENT OF BASELINE INTEGRITY ASSESSMENTS.— 
In the case of a baseline integrity assessment conducted by 
an operator in the period beginning on the date of enactment 
of this subsection and ending on the date of issuance of regula-
tions under this subsection, the Secretary shall accept the 
assessment as complete, and shall not require the operator 
to repeat any portion of the assessment, if the Secretary deter-
mines that the assessment was conducted in accordance with 
the requirements of this subsection. 
"(5) WAIVERS AND MODIFICATIONS.—In accordance with sec-
tion 60118(c), the Secretary may waive or modify any require-
ment for reassessment of a facility under paragraph (3)(B) 
for reasons that may include the need to maintain local product 
supply or the lack of internal inspection devices if the Secretary 
determines that such waiver is not inconsistent with pipeline 
safety. 
"(6) STANDARDS.—The standards prescribed by the Sec-
retary under paragraph (2) shall address each of the following 
factors: 
"(A) The minimum requirements described in para-
graph (3). 
"(B) The type or frequency of inspections or testing 
of pipeline facilities, in addition to the minimum require-
ments 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. 
116 STAT. 3004 
PUBLIC LAW 107-355—DEC. 17, 2002 
Deadlines. 
"(E) The types of information sources that must be 
integrated in assessing the integrity of a pipeline faciUty 
as well as the manner of integration. 
"(F) The nature and timing of actions 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 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 mini-
mizes environmental and safety risks, and shall take into 
account the applicable level of protection established by national 
consensus standards organizations. 
"(7) ADDITIONAL OPTIONAL STANDARDS.—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 establishment or modifica-
tion of systems that monitor pressure and detect leaks 
based on the operator's risk analysis; and 
"(B) the use of emergency flow restricting devices. 
"(8) LACK OF REGULATIONS.—In the absence of regulations 
addressing the elements of an integrity management program 
described in this subsection, the operator of a pipeline facility 
shall conduct a risk analysis and adopt and implement an 
integrity management program described in this subsection 
not later than 24 months after the date of enactment of this 
subsection and shall complete the baseline integrity assessment 
described in this subsection not later than 10 years after such 
date of enactment. At least 50 percent of such facilities shall 
be assessed not later than 5 years after such date of enactment. 
The operator shall prioritize such facilities for assessment based 
on all risk factors, including any previously discovered defects 
or anomalies and any history of leaks, repairs, or failures. 
The operator shall ensure that assessments of facilities with 
the highest risks are given priority for completion and that 
such assessments will be completed not later than 5 years 
after such date of enactment. 
"(9) REVIEW OF INTEGRITY MANAGEMENT PROGRAMS.— 
"(A) REVIEW OF PROGRAMS.— 
"(i) IN GENERAL.—The Secretary shall review a 
risk analysis and integrity management program under 
paragraph (1) and record the results of that review 
for use in the next review of an operator's program. 
"(ii) CONTEXT OF REVIEW.—The Secretary may con-
duct 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 subsection or regulations issued as described 
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 revise 
the risk analysis or integrity management program. 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3005 
"(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 operator's integrity management program not later 
than 30 days after the date of adoption of the amendment. 
The Secretary shall review any such amendment in accord-
ance with this paragraph. 
"(C) TRANSMITTAL OF PROGRAMS TO STATE AUTHORI-
TIES.—The Secretary shall provide a copy of each risk anal-
ysis 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. 
"(10) STATE REVIEW OF INTEGRITY MANAGEMENT PLANS.— 
A State authority that enters into an agreement pursuant 
to section 60106, permitting the State authority to review the 
risk analysis and integrity management program pursuant to 
paragraph (9), may provide the Secretary with a written assess-
ment of the risk analysis and integrity management program, 
make recommendations, as appropriate, to address safety con-
cerns not adequately addressed by the operator's risk analysis 
or integrity management program, and submit documentation 
explaining the State-proposed revisions. The Secretary shall 
consider carefully the State's proposals and work in consultation 
with the States and operators to address safety concerns. 
"(11) APPLICATION OF STANDARDS.—Section 60104(b) shall 
not apply to this section.". 
(b) INTEGRITY MANAGEMENT REGULATIONS.—Section 60109 is 
further amended by adding at the end the following: 
"(d) EVALUATION OF INTEGRITY MANAGEMENT REGULATIONS.— 
Not later than 4 years after the date of enactment of this subsection, 
the Comptroller General shall complete an assessment and evalua-
tion of the effects on public safety and the environment of the 
requirements for the implementation of integrity management pro-
grams contained in the standards prescribed as described in sub-
section (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 following: 
"(4) conduct a risk analysis, and adopt and implement 
an integrity management program, for pipeline facilities as 
required under section 60109(c).". 
(d) STUDY OF REASSESSMENT INTERVALS.— 
(1) STUDY.—The Comptroller General shall conduct a study 
to evaluate the 7-year reassessment interval required by section 
60109(c)(3)(B) of title 49, United States Code, as added by 
subsection (a) of this section. 
(2) REPORT.—Not later than 4 years after the date of the 
enactment of this Act, the Comptroller General shall transmit 
to Congress a report on the results of the study conducted 
under paragraph (1). 
SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM. 
(a) IN GENERAL.—Chapter 601 is further amended by adding 
at the end the following: 
Notification. 
Deadline. 
Deadline. 
49 u s e 60109 
note. 
Deadline. 
99-194 O - 03 -19 : C
H
- 3 Part 4 
116 STAT. 3006 
PUBLIC LAW 107-355—DEC. 17, 2002 
"§ 60132. National pipeline mapping system 
Deadline. 
"(a) INFORMATION To BE PROVIDED.—Not later than 6 months 
after the date of enactment of this section, the operator of a pipehne 
faciUty (except distribution Hnes and gathering Hnes) 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 person with primary 
operational control to be identified as its operator 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 sub-
section (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 local officials to improve local response capabilities for 
pipeline emergencies by adapting information available through 
the National Pipeline Mapping System to software used by emer-
gency response personnel responding to pipeline emergencies.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by adding at the end the following: 
"60132. National pipeline mapping system.". 
SEC. 16. 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.— 
Deadline. 
"(1) ESTABLISHMENT AND PURPOSE.—Not later than 30 days 
President. 
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 complete all activities necessary 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 Committee, which shall consist of rep-
resentatives of Federal 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 Environmental Protec-
tion 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. 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3007 
"(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. 
"(H) The Chairman of the Federal Energy Regulatory 
Commission. 
"(3) 
EVALUATION.—The 
Interagency 
Committee 
shall 
evaluate Federal permitting requirements to which access, exca-
vation, and restoration activities in connection with pipeline 
repairs described in paragraph (1) may be subject. As part 
of its evaluation, the Interagency Committee shall examine 
the access, excavation, and restoration practices of the pipeline 
industry in connection with such pipeline repairs, and may 
develop a compendium of best practices used by the industry 
to access, excavate, and restore the site of a pipeline repair. 
"(4) MEMORANDUM OF UNDERSTANDING.—Based upon the Deadline, 
evaluation required under paragraph (3) and not later than 
1 year after the date of enactment of this section, the members 
of the Interagency Committee shall enter into a memorandum 
of understanding to provide for a coordinated and expedited 
pipeline repair permit review process to carry out the purpose 
set forth in paragraph (1). The Interagency Committee shall 
include provisions in the memorandum of understanding identi-
fying those repairs or categories of repairs described in para-
graph (1) for which the best practices identified under para-
graph (3), when properly employed by a pipeline operator, 
would result in no more than minimal adverse effects on the 
environment 
and 
for 
which 
discretionary 
administrative 
reviews may therefore be minimized or eliminated. With respect 
to pipeline repairs described in paragraph (1) to which the 
preceding sentence would not be applicable, the Interagency 
Committee shall include provisions 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. 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 Committee shall not enter into a 
memorandum of understanding under this paragraph except 
by unanimous agreement of the members of the Interagency 
Committee. 
"(5) STATE AND LOCAL CONSULTATION.—In carrying out this 
subsection, the Interagency Committee shall consult with 
appropriate State and local environmental, pipeline safety, and 
emergency response officials, and such other officials as the 
Interagency Committee considers appropriate. 
"(b) IMPLEMENTATION.—Not later than 180 days after the Deadline, 
completion of the memorandum of understanding required under 
subsection (a)(4), each agency represented on the Interagency Com-
mittee shall revise its regulations as necessary to implement the 
provisions of the memorandum of understanding. 
"(c) SAVINGS PROVISIONS; NO PREEMPTION.—Nothing in this 
section shall be construed— 
"(1) to require a pipeline operator to obtain a Federal 
permit, if no Federal permit would otherwise have been 
required under Federal law; or 
116 STAT. 3008 
PUBLIC LAW 107-355—DEC. 17, 2002 
"(2) to preempt applicable Federal, State, or local environ-
mental law. 
"(d) INTERIM OPERATIONAL ALTERNATIVES.— 
Deadline. 
"(1) IN GENERAL.—Not later than 30 days after the date 
Regulations. 
of enactment of this section, and subject to the limitations 
in paragraph (2), the Secretary of Transportation 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 alternative 
mitigation measures until all applicable 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 measures pursuant to para-
graph (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 particular repair 
project, has applied for and is pursuing diligently and 
in good faith all required 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 ombuds-
man to assist in expediting pipeline repairs and resolving disagree-
ments 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 PROCESSES.—The Secretary 
shall encourage States and local governments to consolidate their 
respective permitting processes for pipeline repair projects subject 
to any time periods for repair specified by rule by the Secretary. 
The Secretary may request other relevant Federal agencies to pro-
vide 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 following: 
"60133. Coordination of environmental reviews.". 
SEC. 17. 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 Fed-
eral Communications Commission, facility operators, excavators, 
and one-call notification system operators, provide for the establish-
ment of a 3-digit nationwide toll-free telephone number system 
to be used by State one-call notification systems. 
SEC. 18. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDA-
TIONS. 
(a) IN GENERAL.—Except as otherwise required by this Act, 
the Secretary of Transportation shall implement the safety improve-
ment recommendations provided for in the Department of Transpor-
tation Inspector General's Report (RT-2000-069). 
Deadlines. 
(b) REPORTS B
Y THE SECRETARY.—Not later than 90 days after 
the date of enactment of this Act, and every 90 days thereafter 
49 u s e 60114 
note. 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3009 
until each of the recommendations referred to in subsection (a) 
has been implemented, the Secretary shall transmit to the Com-
mittee on Commerce, Science, and Transportation of the Senate 
and the Committees on Transportation and Infrastructure and 
Energy and Commerce of the House of Representatives a report 
on the specific actions taken to implement such recommendations. 
(c) REPORTS BY THE INSPECTOR GENERAL.—The Inspector Gen-
eral shall periodically transmit to the committees referred to in 
subsection (b) a report assessing the Secretary's progress in imple-
menting the recommendations referred to in subsection (a) and 
identifying options for the Secretary to consider in accelerating 
recommendation implementation. 
SEC. 19. NTSB SAFETY RECOMMENDATIONS. 
49 USC 1135 
(a) IN GENERAL.—The 
Secretary 
of Transportation, 
the 
Administrator of Research and Special Program Administration, 
and the Director of the Office of Pipeline Safety shall fully comply 
with section 1135 of title 49, United States Code, to ensure timely 
responsiveness to National Transportation Safety Board rec-
ommendations about pipeline safety. 
(b) PUBLIC AVAILABILITY.—The Secretary, Administrator, or 
Director, respectively, shall make a copy of each recommendation 
on pipeline safety and response, as described in subsections (a) 
and (b) of section 1135, title 49, United States Code. 
(c) REPORTS TO CONGRESS.—The Secretary, Administrator, or Deadline. 
Director, respectively, shall submit to Congress by January 1 of 
each year a report containing each recommendation on pipeline 
safety made by the Board during the prior year and a copy of 
the response to each such recommendation. 
SEC. 20. MISCELLANEOUS AMENDMENTS. 
(a) GENERAL AUTHORITY AND PURPOSE.— 
(1) IN GENERAL.—Section 60102(a) is amended— 
(A) by redesignating paragraph (2) as paragraph (3); 
(B) by striking "(a)(1)" and all that follows through 
"The Secretary of Transportation" and inserting the fol-
lowing: 
"(a) PURPOSE AND MINIMUM SAFETY STANDARDS.— 
"(1) PURPOSE.—The purpose of this chapter is to provide 
adequate protection against risks to life and property posed 
by pipeline transportation and pipeline facilities by improving 
the regulatory and enforcement authority of the Secretary of 
Transportation. 
"(2) MINIMUM SAFETY STANDARDS.—The Secretary"; 
(C) by moving the remainder of the text of paragraph 
(2) (as so redesignated), including subparagraphs (A) and 
(B) but excluding subparagraph (C), 2 ems to the right; 
and 
(D) in paragraph (3) (as so redesignated) by inserting 
"QUALIFICATIONS OF PIPELINE OPERATORS.—" before "The 
qualifications". 
(2) CONFORMING AMENDMENTS.—Chapter 601 is amended— 
(A) by striking the heading for section 60102 and 
inserting the following: 
116 STAT. 3010 
PUBLIC LAW 107-355—DEC. 17, 2002 
"§ 60102. Purpose and general authority"; and 
(B) in the analysis for such chapter by striking the 
item relating to section 60102 and inserting the following: 
"60102. Piirpose and general authority.". 
(b) CONFLICTS OF INTEREST.—Section 60115(b)(4) is amended 
by adding at the end the following: 
"(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. 21. TECHNICAL AMENDMENTS. 
Chapter 601 is amended— 
(1) in section 60110(b) by striking "circumstances" and 
all that follows through "operator" and inserting the following: 
"circumstances, if any, under which an operator"; 
(2) in section 60114 by redesignating subsection (d) as 
subsection (c); 
(3) in section 60122(a)(1) by striking "section 60114(c)" 
and inserting "section 60114(b)"; and 
(4) in section 60123(a) by striking "60114(c)" and inserting 
"60114(b)". 
SEC. 22. 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 hazardous liquid, 
the following amounts are authorized to be appropriated to the 
Department of Trginsportation: 
"(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. 
"(3) $47,100,000 for fiscal year 2005, of which $41,100,000 
is to be derived from user fees for fiscal year 2005 collected 
under section 60301 of this title. 
"(4) $50,000,000 for fiscal year 2006, of which $45,000,000 
is to be derived from user fees for fiscal 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 
subsection (c) as subsection (b); and 
(2) in subsection (b)(1) (as so redesignated) by striking 
subparagraphs (A) through (H) and inserting the following: 
"(A) $19,800,000 for fiscal year 2003, of which $14,800,000 
is to be derived from user fees for fiscal year 2003 collected 
under section 60301 of this title. 
"(B) $21,700,000 for fiscal year 2004, of which $16,700,000 
is to be derived from user fees for fiscal year 2004 collected 
under section 60301 of this title. 
"(C) $24,600,000 for fiscal year 2005, of which $19,600,000 
is to be derived from user fees for fiscal year 2005 collected 
under section 60301 of this title. 
PUBLIC LAW 107-355—DEC. 17, 2002 
116 STAT. 3011 
"(D) $26,500,000 for fiscal year 2006, of which $21,500,000 
is to be derived from user fees for fiscal year 2006 collected 
under section 60301 of this title.". 
(c) OIL SPILLS; EMERGENCY RESPONSE GRANTS.—Section 60125 
is amended by inserting after subsection (b) (as redesignated by 
subsection (b)(1) of this section) the following: 
"(c) OIL SPILL LIABILITY TRUST FUND.—Of the amounts avail-
able in the Oil Spill Liability Trust Fund, $8,000,000 shall be 
transferred to the Secretary of Transportation, as provided in appro-
priation Acts, to carry out programs authorized in this chapter 
for each of fiscal years 2003 through 2006. 
"(d) EMERGENCY RESPONSE GRANTS.— 
"(1) IN GENERAL.—The Secretary may establish a program 
for making grants to State, county, and local governments 
in high consequence areas, as defined by the Secretary, for 
emergency response management, training, and technical 
assistance. 
"(2) AUTHORIZATION OF APPROPRLVTIONS.—There is author-
ized to be appropriated $6,000,000 for each of fiscal years 
2003 through 2006 to carry out this subsection.". 
(d) CONFORMING AMENDMENT.—Section 60125(e) is amended 
by striking "or (b) of this section". 
SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT. 
Section 60102, as amended by this Act, is further amended 
by adding at the end the following: 
"(m) INSPECTIONS BY DIRECT ASSESSMENT.—Not later than 1 
year after the date of the enactment of this subsection, the Secretary 
shall issue regulations prescribing standards for inspection of a 
pipeline facility by direct assessment.". 
SEC. 24. STATE PIPELINE SAFETY ADVISORY COMMITTEES. 
Within 90 days after receiving recommendations for improve-
ments to pipeline safety from an advisory committee appointed 
by the Governor of any State, the Secretary of Transportation 
shall respond in writing to the committee setting forth what action, 
if any, the Secretary will take on those recommendations and the 
Secretary's reasons for acting or not acting upon any of the rec-
ommendations. 
SEC. 25. PIPELINE BRIDGE RISK STUDY. 
(a) IN GENERAL.—The Secretary of Transportation shall conduct 
a study to determine whether cable-suspension pipeline bridges 
pose structural or other risks warranting particularized attention 
in connection with pipeline operators risk assessment programs 
and whether particularized inspection standards need to be devel-
oped by the Department of Transportation to recognize the peculiar 
risks posed by such bridges. 
(b) PUBLIC PARTICIPATION AND COMMENTS.—In conducting the 
study, the Secretary shall provide, to the maximum extent prac-
ticable, for public participation and comment and shall solicit views 
and comments from the public and interested persons, including 
participants in the pipeline industry with knowledge and experience 
in inspection of pipeline facilities. 
(c) COMPLETION AND REPORT.—Within 2 years after the date 
of enactment of this Act, the Secretary shall complete the study 
and transmit to Congress a report detailing the results of the 
study. 
Deadline. 
Regulations. 
49 u s e 60102 
note. 
Deadline. 
49 u s e 60108 
note. 
Deadline. 
116 STAT. 3012 
PUBLIC LAW 107-355—DEC. 17, 2002 
(d) FUNDING.—The Secretary may carry out this section using 
only amounts that are specifically appropriated to carry out this 
section. 
15 u s e 717m 
SEC. 26. STUDY AND REPORT ON NATURAL GAS PIPELINE AND STOR-
note. 
AGE FACILITIES IN NEW ENGLAND. 
(a) STUDY.—The Federal Energy Regulatory Commission, in 
consultation with the Department of Energy, shall conduct a study 
on the natural gas pipeline transmission network in New England 
and natural gas storage facilities associated with that network. 
(b) CONSIDERATION.—In carrying out the study, the Commission 
shall consider the ability of natural gas pipeline and storage facili-
ties in New England to meet current and projected demand by 
gas-fired power generation plants and other consumers. 
Deadline. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Federal Energy Regulatory Commission shall pre-
pare and submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce of 
the House of Representatives a report containing the results of 
the study conducted under subsection (a), including recommenda-
tions for addressing potential natural gas transmission and storage 
capacity problems in New England. 
Approved December 17, 2002. 
LEGISLATIVE HISTORY—H.R. 3609 (S. 235): 
HOUSE REPORTS: No. 107-605, Pt. 1 (Comm. on Transportation and Infrastruc-
ture) and Pt. 2 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
July 23, considered and passed House. 
Nov. 13, considered and passed Senate, amended. 
Nov. 14, House concurred in Senate amendment.