49 U.S.C. § 60130 — Pipeline safety information grants to

Page 1798 TITLE 49—TRANSPORTATION § 60130 Subsec. (e). Pub. L. 116–260, § 116(3), added subsec. (e). § 60130. Pipeline safety information grants to communities (a) GRANT AUTHORITY.— (1) IN GENERAL.—The Secretary of Transpor- tation may make grants for technical assist- ance to local communities, Indian Tribes, and groups of individuals (not including for-profit entities) relating to the safety of pipeline fa- cilities in local communities, other than fa- cilities regulated under Public Law 93–153 (43 U.S.C. 1651 et seq.). No grants may be awarded under section 60114(g) until the Secretary has established competitive procedures for award- ing grants under this section and criteria for selecting grant recipients. Except as provided in subsection (c)(2), the amount of any grant under this section may not exceed $100,000 for a single grant recipient. The Secretary shall establish appropriate procedures to ensure the proper use of funds provided under this sec- tion. (2) DEMONSTRATION GRANTS.—At least the first 3 grants awarded under this section shall be demonstration grants for the purpose of demonstrating and evaluating the utility of grants under this section. Each such dem- onstration grant shall not exceed $25,000. (3) DISSEMINATION OF TECHNICAL FINDINGS.— Each recipient of a grant under this section shall ensure that— (A) the technical findings made possible by the grants are made available to the rel- evant operators; and (B) open communication between the grant recipients, local operators, local com- munities, and other interested parties is en- couraged. (b) PROHIBITED USES.—Funds provided under this section to grant recipients and their con- tractors may not be used for lobbying, for direct advocacy for or against a pipeline construction or expansion project, or in direct support of liti- gation. (c) FUNDING.— (1) IN GENERAL.—Subject to paragraph (2), out of amounts made available under section 2(b) of the PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515), the Secretary shall use $2,000,000 for each of fiscal years 2021 through 2023 to carry out this section. (2) IMPROVING TECHNICAL ASSISTANCE.—From the amounts used to carry out this section under paragraph (1) each fiscal year, the Sec- retary shall award $1,000,000 to an eligible ap- plicant through a competitive selection proc- ess for the purpose of improving the quality of technical assistance provided to communities or individuals under this section. (3) LIMITATION.—Any amounts used to carry out this section shall not be derived from user fees collected under section 60301. (d) DEFINITIONS.—In this section: (1) TECHNICAL ASSISTANCE.—The term ‘‘tech- nical assistance’’ means engineering, research, and other scientific analysis of pipeline safety issues, including the promotion of public par- ticipation on technical pipeline safety issues in proceedings related to this chapter. (2) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ means a nonprofit entity that— (A) is a public safety advocate; (B) has pipeline safety expertise; (C) is able to provide individuals and com- munities with technical assistance; and (D) was established with funds designated for the purpose of community service through the implementation of section 3553 of title 18 relating to violations of this chap- ter. (Added Pub. L. 107–355, § 9(a), Dec. 17, 2002, 116 Stat. 2994; amended Pub. L. 109–468, § 5, Dec. 29, 2006, 120 Stat. 3490; Pub. L. 112–90, § 32(e), Jan. 3, 2012, 125 Stat. 1923; Pub. L. 113–188, title XV, § 1501(c), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114–183, §§ 2(d), 20(a), June 22, 2016, 130 Stat. 516, 527; Pub. L. 116–260, div. R, title I, § 101(e), Dec. 27, 2020, 134 Stat. 2213.) Editorial Notes REFERENCES IN TEXT Public Law 93–153, referred to in subsec. (a)(1), is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576. Title II of the Act, known as the Trans-Alaska Pipeline Authorization Act, is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables. Section 2(b) of the PIPES Act of 2016, referred to in subsec. (c)(1), is section 2(b) of Pub. L. 114–183, June 22, 2016, 130 Stat. 515, which is not classified to the Code. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–260, § 101(e)(1)(A), sub- stituted ‘‘to local communities, Indian Tribes, and groups of individuals (not including for-profit enti- ties)’’ for ‘‘to local communities and groups of individ- uals (not including for-profit entities)’’ in first sen- tence and ‘‘Except as provided in subsection (c)(2), the amount’’ for ‘‘The amount’’ in third sentence. Subsec. (a)(4). Pub. L. 116–260, § 101(e)(1)(B), struck out par. (4). Text read as follows: ‘‘In this subsection, the term ‘technical assistance’ means engineering and other scientific analysis of pipeline safety issues, in- cluding the promotion of public participation on tech- nical pipeline safety issues in official proceedings con- ducted under this chapter.’’ Subsec. (c). Pub. L. 116–260, § 101(e)(2), added subsec. (c) and struck out former subsec. (c). Prior to amend- ment, text read as follows: ‘‘Of the amounts made available under section 2(b) of the PIPES Act of 2016, the Secretary shall expend $1,500,000 for each of fiscal years 2016 through 2019 to carry out this section. Such amounts shall not be derived from user fees collected under section 60301.’’ Subsec. (d). Pub. L. 116–260, § 101(e)(3), added subsec. (d). 2016—Subsec. (a)(4). Pub. L. 114–183, § 20(a), inserted ‘‘on technical pipeline safety issues’’ after ‘‘public par- ticipation’’. Subsec. (c). Pub. L. 114–183, § 2(d), substituted ‘‘Of the amounts made available under section 2(b) of the PIPES Act of 2016, the Secretary shall expend $1,500,000 for each of fiscal years 2016 through 2019 to carry out this section.’’ for ‘‘There is authorized to be appro- priated to the Secretary of Transportation for carrying out this section $1,500,000 for each of fiscal years 2012 through 2015.’’ 2014—Subsecs. (c), (d). Pub. L. 113–188 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required annual reports on grants made under this section. 2012—Subsec. (a)(1). Pub. L. 112–90, § 32(e)(1), sub- stituted ‘‘$100,000’’ for ‘‘$50,000’’. Page 1799 TITLE 49—TRANSPORTATION § 60131 Subsec. (b). Pub. L. 112–90, § 32(e)(2), inserted ‘‘to grant recipients and their contractors’’ after ‘‘this sec- tion’’ and ‘‘, for direct advocacy for or against a pipe- line construction or expansion project,’’ after ‘‘for lob- bying’’. Subsec. (d). Pub. L. 112–90, § 32(e)(3), substituted ‘‘$1,500,000 for each of fiscal years 2012 through 2015’’ for ‘‘$1,000,000 for each of the fiscal years 2003 through 2010’’. 2006—Subsec. (a)(1). Pub. L. 109–468, § 5(1), substituted ‘‘No grants may be awarded under section 60114(g) until the Secretary has established competitive’’ for ‘‘The Secretary shall establish competitive’’. Subsec. (a)(2) to (4). Pub. L. 109–468, § 5(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (d). Pub. L. 109–468, § 5(4), substituted ‘‘2010’’ for ‘‘2006’’. § 60131. Verification of pipeline qualification pro- grams (a) IN GENERAL.—Subject to the requirements of this section, the Secretary of Transportation shall require the operator of a pipeline facility to develop and adopt a qualification program to ensure that the individuals who perform covered tasks are qualified to conduct such tasks. (b) STANDARDS AND CRITERIA.— (1) DEVELOPMENT.—Not later than 1 year after the date of enactment of this section, the Secretary shall ensure that the Department of Transportation has in place standards and cri- teria for qualification programs referred to in subsection (a). (2) CONTENTS.—The standards and criteria shall include the following: (A) The establishment of methods for eval- uating the acceptability of the qualifica- tions of individuals described in subsection (a). (B) A requirement that pipeline operators develop and implement written plans and procedures to qualify individuals described in subsection (a) to a level found acceptable using the methods established under sub- paragraph (A) and evaluate the abilities of individuals described in subsection (a) ac- cording to such methods. (C) A requirement that the plans and pro- cedures adopted by a pipeline operator under subparagraph (B) be reviewed and verified under subsection (e). (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 pro- gram that complies with the standards and cri- teria described in subsection (b). (d) ELEMENTS OF QUALIFICATION PROGRAMS.—A qualification program adopted by an operator under subsection (a) shall include, at a min- imum, the following elements: (1) A method for examining or testing the qualifications of individuals described in sub- section (a). The method may include written examination, oral examination, observation during on-the-job performance, on-the-job training, simulations, and other forms of as- sessment. 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 qualifica- tions. The Secretary shall ensure that the re- sults of any such observations are documented in writing. (2) A requirement that the operator com- plete the qualification of all individuals de- scribed in subsection (a) not later than 18 months after the date of adoption of the quali- fication program. (3) A periodic requalification component that provides for examination or testing of in- dividuals in accordance with paragraph (1). (4) A program to provide training, as appro- priate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline fa- cilities. (e) REVIEW AND VERIFICATION OF PROGRAMS.— (1) IN GENERAL.—The Secretary shall review the qualification program of each pipeline op- erator and verify its compliance with the standards and criteria described in subsection (b) and that it includes the elements described in subsection (d). 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 and 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 inad- equate for the safe operation of a pipeline fa- cility, the Secretary shall act as under section 60108(a)(2) to require the operator to revise the qualification program. (4) PROGRAM MODIFICATIONS.—If the operator of a pipeline facility significantly modifies a program that has been verified under this sub- section, the operator shall notify the Sec- retary of the modifications. The Secretary shall review and verify such modifications in accordance with paragraph (1). (5) WAIVERS AND MODIFICATIONS.—In accord- ance with section 60118(c), the Secretary may waive or modify any requirement of this sec- tion if the waiver or modification is not incon- sistent with pipeline safety. (6) INACTION BY THE SECRETARY.—Notwith- standing any failure of the Secretary to pre- scribe standards and criteria as described in subsection (b), an operator of a pipeline facil- ity shall develop and adopt a qualification pro- gram 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 sec- tion. (f) INTRASTATE PIPELINE FACILITIES.—In the case of an intrastate pipeline facility operator, the duties and powers of the Secretary 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