Page:United States Statutes at Large Volume 116 Part 4.djvu/572

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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 qualification 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 paragraph (1). "(4) A program to provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities. "(e) REVIEW AND VERIFICATION OF PROGRAMS.— "(1) IN GENERAL. —The Secretary shall review the qualification program of each pipeline operator and verify its compliance with the standards and 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 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 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).