IB 

Union Calendar No. 545 

116TH CONGRESS 

2D SESSION H. R. 5120 

[Report No. 116–661, Part I] 

To amend title 49, United States Code, to provide enhanced safety and 

environmental protection in pipeline transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2019 

Mr. DEFAZIO (for himself and Mr. PALLONE) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 17, 2020 

Additional sponsor: Ms. NORTON

DECEMBER 17, 2020 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 17, 2020 

Committee on Energy and Commerce discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 15, 2019] 


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A BILL 

To amend title 49, United States Code, to provide enhanced 

safety and environmental protection in pipeline transportation, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SH-ORT TITLE.—This Act may be cited as the 

5 ‘‘Safe, Accountable, Fair, and Environmentally Responsible 

6 Pipelines Act of 2019’’ or the ‘‘SAFER Pipelines Act of 

7 2019’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Authorization of appropriations. 

Sec. 3. Purpose and general authority. 

Sec. 4. State pipeline safety program certifications. 

Sec. 5. State pipeline safety grants. 

Sec. 6. Inspection and maintenance. 

Sec. 7. Risk analysis and integrity management programs. 

Sec. 8. Community right-to-know and emergency preparedness. 

Sec. 9. Cost recovery for design reviews. 

Sec. 10. Actions by private persons. 

Sec. 11. Civil penalties. 

Sec. 12. Criminal penalties. 

Sec. 13. Emergency response grants. 

Sec. 14. Verification of pipeline qualification programs. 

Sec. 15. National pipeline mapping system. 

Sec. 16. Congressional access to oil spill response plans. 

Sec. 17. Leak detection technology. 

Sec. 18. Gas pipeline repair criteria. 

Sec. 19. Methane release mitigation. 

Sec. 20. Unusually sensitive areas. 

Sec. 21. User fees for underground natural gas storage facilities. 

Sec. 22. Seismicity. 

Sec. 23. Advancement of new pipeline safety technologies and approaches. 

Sec. 24. Workforce. 

Sec. 25. Hiring report. 

Sec. 26. Plan to combine State damage prevention and one-call notification programs. 

Sec. 27. Gas gathering lines. 

Sec. 28. Regulatory updates. 

Sec. 29. Component verification. 

Sec. 30. Codification of final rule. 

Sec. 31. Threatening safe operations of pipeline infrastructure. 

Sec. 32. Penalty for causing a defect in pipeline infrastructure under construction. 


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Sec. 33. Use of a firearm to damage pipeline infrastructure under construction. 

Sec. 34. Pipeline safety voluntary information-sharing system. 

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) OPERATIONAL EXPENSES.—There are authorized 

3 to be appropriated to the Secretary of Transportation for 

4 the necessary operational expenses of the Pipeline and Haz5 ardous Materials Safety Administration the following 

6 amounts: 

7 (1) $24,215,000 for fiscal year 2020. 

8 (2) $24,941,450 for fiscal year 2021. 

9 (3) $26,460,000 for fiscal year 2022. 

10 (4) $27,254,000 for fiscal year 2023. 

11 (b) GAS AND HAZARDOUS LIQUID.—Section 60125(a) 

12 of title 49, United States Code, is amended— 

13 (1) in paragraph (1) by striking subparagraphs 

14 (A) through (D) and inserting the following: 

15 ‘‘(A) $160,800,000 for fiscal year 2020, of 

16 which $10,000,000 shall be expended for carrying 

17 out such section 12 and $60,000,000 shall be ex18 pended for making grants; 

19 ‘‘(B) $165,624,000 for fiscal year 2021 of 

20 which $10,000,000 shall be expended for carrying 

21 out such section 12 and $61,800,000 shall be ex22 pended for making grants; 

23 ‘‘(C) $170,600,000 for fiscal year 2022, of 

24 which $10,000,000 shall be expended for carrying 


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1 out such section 12 and $63,650,000 shall be ex2 pended for making grants; and 

3 ‘‘(D) $175,700,000 for fiscal year 2023, of 

4 which $10,000,000 shall be expended for carrying 

5 out such section 12 and $65,560,000 shall be ex6 pended for making grants.’’; 

7 (2) in paragraph (2) by striking subparagraphs 

8 (A) through (D) and inserting the following: 

9 ‘‘(A) $25,000,000 for fiscal year 2020, of 

10 which $5,000,000 shall be expended for carrying 

11 out such section 12 and $9,000,000 shall be ex12 pended for making grants; 

13 ‘‘(B) $25,000,000 for fiscal year 2021, of 

14 which $5,000,000 shall be expended for carrying 

15 out such section 12 and $9,000,000 shall be ex16 pended for making grants; 

17 ‘‘(C) $26,000,000 for fiscal year 2022, of 

18 which $5,000,000 shall be expended for carrying 

19 out such section 12 and $9,000,000 shall be ex20 pended for making grants; and 

21 ‘‘(D) $26,000,000 for fiscal year 2023, of 

22 which $5,000,000 shall be expended for carrying 

23 out such section 12 and $9,000,000 shall be ex24 pended for making grants.’’; and 


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1 (3) in paragraph (3) by striking ‘‘$8,000,000 for 

2 each of fiscal years 2017 through 2019’’ and inserting 

3 ‘‘$9,000,000 for each of fiscal years 2020 through 

4 2023’’. 

5 (c) EMERGENCY RESPONSE GRANTS.—Section 

6 60125(b)(2) of title 49, United States Code, is amended by 

7 striking ‘‘$10,000,000 for each of fiscal years 2012 through 

8 2015’’ and inserting ‘‘$12,000,000 for each of fiscal years 

9 2020 through 2023’’. 

10 (d) PIPELINE SAFETY INFORMATION GRANTS TO COM11 MUNITIES.—Section 60130(c) of title 49, United States 

12 Code, is amended by striking ‘‘section 2(b) of the PIPES 

13 Act of 2016, the Secretary shall expend $1,500,000 for each 

14 of fiscal years 2016 through 2019 to carry out this section. 

15 Such amounts shall not be derived from user fees collected 

16 under section 60301’’ and inserting ‘‘section 2(a) of the 

17 SAFER Pipelines Act of 2019, the Secretary shall expend 

18 $2,000,000 for each of fiscal years 2020 through 2023 to 

19 carry out this section’’. 

20 (e) STATE DAMAGE PREVENTION PROGRAMS.—Section 

21 60134(i) of title 49, United States Code, is amended by 

22 striking ‘‘$1,500,000 for each of fiscal years 2012 through 

23 2015’’ and inserting ‘‘$2,000,000 for each of fiscal years 

24 2020 through 2023’’. 


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1 (f) ONE-CALL NOTIFICATION PROGRAMS.—Section 

2 6107 of title 49, United States Code, is amended by striking 

3 ‘‘$1,058,000 for each of fiscal years 2016 through 2019’’ and 

4 inserting ‘‘$2,000,000 for each of fiscal years 2020 through 

5 2023’’. 

6 SEC. 3. PURPOSE AND GENERAL AUTHORITY. 

7 (a) COST-BENEFIT ANALYSIS.—Section 60102(b) of 

8 title 49, United States Code, is amended— 

9 (1) in paragraph (2)— 

10 (A) by striking subparagraphs (C) through 

11 (E); and 

12 (B) by redesignating subparagraphs (F) 

13 and (G) as subparagraphs (C) and (D), respec14 tively; and 

15 (2) by striking paragraphs (3) through (7). 

16 (b) SAFETY-RELATED CONDITION REPORTING.— 

17 (1) AVAILABILITY OF INFORMATION TO FIRST RE18 SPONDERS.—Section 60102(h) of title 49, United 

19 States Code, is amended— 

20 (A) in paragraph (2) by striking ‘‘Notice of 

21 the condition shall be given concurrently to ap22 propriate State authorities.’’; and 

23 (B) by adding at the end the following: 


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1 ‘‘(3)(A) Notice of the condition of an intrastate or 

2 interstate pipeline facility shall be given concurrently to 

3 appropriate State authorities. 

4 ‘‘(B) The Secretary shall require that, upon receipt of 

5 a report on a safety-related condition submitted under this 

6 section, a State agency shall provide the report, upon re7 quest, to any relevant State emergency response commis8 sion, tribal emergency response commission, tribal emer9 gency planning committee, local emergency planning com10 mittee, local government, or public agency responsible for 

11 emergency response, including any updates to the report re12 ceived by the State agency.’’. 

13 (2) EXEMPTION REMOVAL.—Section 60102(h) of 

14 title 49, United States Code, is further amended by 

15 adding at the end the following: 

16 ‘‘(4) Regulations prescribed by the Secretary under 

17 this section may not exempt a condition from being subject 

18 to reporting requirements if the exemption of such condition 

19 would reduce or eliminate the value of the reports as leading 

20 indicators of safety or environmental hazards.’’. 

21 (c) AUTOMATIC OR REMOTE-CONTROLLED SHUT-OFF

22 VALVES.—Section 60102(n)(1) of title 49, United States 

23 Code, is amended to read as follows: 

24 ‘‘(1) HIGH CONSEQUENCE AREAS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of the SAFER Pipe3 lines Act of 2019, the Secretary shall issue regu4 lations to require operators of transmission pipe5 line facilities to install and use automatic or re6 mote-controlled shut-off valves for such pipeline 

7 facilities that are located in high consequence 

8 areas (as defined in part 192 or 195 of title 49, 

9 Code of Federal Regulations, as applicable). 

10 ‘‘(B) OTHER AREAS.—The Secretary may 

11 issue regulations to require operators of trans12 mission pipeline facilities to install and use 

13 automatic or remote-controlled shut-off valves for 

14 such pipeline facilities that are not located in 

15 areas described in subparagraph (A).’’. 

16 (d) CRACK MANAGEMENT.—Section 60102 of title 49, 

17 United States Code, is amended by adding at the end the 

18 following: 

19 ‘‘(q) CRACK MANAGEMENT.— 

20 ‘‘(1) IN GENERAL.— 

21 ‘‘(A) HIGH CONSEQUENCE AREAS.—Not 

22 later than 2 years after the date of enactment of 

23 this subsection, the Secretary shall issue regula24 tions to require operators of gas pipeline facili25 ties and hazardous liquid pipeline facilities that 


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1 are located in high consequence areas (as defined 

2 in part 192 or 195 of title 49, Code of Federal 

3 Regulations, as applicable) to address and repair 

4 cracks in such facilities. 

5 ‘‘(B) OTHER AREAS.—The Secretary may 

6 issue regulations to require operators of gas pipe7 line facilities and hazardous liquid pipeline fa8 cilities that are not located in areas described in 

9 subparagraph (A) to address and repair cracks 

10 in such facilities. 

11 ‘‘(2) REQUIREMENTS.—Regulations issued under 

12 paragraph (1) shall specify— 

13 ‘‘(A) under what conditions an engineering 

14 assessment of cracks, including environmentally 

15 assisted cracks, must be performed; 

16 ‘‘(B) acceptable methods for performing an 

17 engineering assessment on a pipeline, including 

18 the assessment of cracks coinciding with corro19 sion; 

20 ‘‘(C) criteria for determining whether the 

21 excavation of a pipeline segment is required due 

22 to a probable crack, and deadlines for completing 

23 any excavation so required; 

24 ‘‘(D) pressure restriction limits for pipelines 

25 for which a determination is made to excavate 


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1 such pipeline pursuant to the requirements of 

2 subparagraph (C); and 

3 ‘‘(E) acceptable methods for determining 

4 crack growth for any cracks not required to be 

5 repaired under the regulations, including growth 

6 caused by fatigue, corrosion fatigue, or stress cor7 rosion cracking, as applicable.’’. 

8 SEC. 4. STATE PIPELINE SAFETY PROGRAM CERTIFI9 CATIONS. 

10 Section 60105(e) of title 49, United States Code, is 

11 amended— 

12 (1) by inserting ‘‘In carrying out this subsection, 

13 the Secretary may request that a State authority pro14 vide records of any inspection of a pipeline facility 

15 made by the State authority or any investigation de16 scribed in subsection (c)(1)(B).’’ after ‘‘with the cer17 tification.’’; and 

18 (2) by inserting after ‘‘under this subsection’’ the 

19 following: ‘‘, including, upon request by the Secretary, 

20 by authorizing the Secretary to participate in such 

21 an inspection or investigation’’. 

22 SEC. 5. STATE PIPELINE SAFETY GRANTS. 

23 Section 60107 of title 49, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(f) GRANTS FOR RENDERING AID.—The Secretary 

2 may make an additional payment, to a State receiving a 

3 payment under subsection (a), to pay the costs incurred by 

4 the State in rendering aid to another State to respond to 

5 a natural disaster or major pipeline incident.’’. 

6 SEC. 6. INSPECTION AND MAINTENANCE. 

7 Section 60108 of title 49, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(f) PIPELINE CONSTRUCTION PROJECT DATA COL10 LECTION.—The Secretary may require the owner or oper11 ator of a pipeline facility to provide to the Secretary infor12 mation the Secretary determines appropriate regarding 

13 construction of the pipeline facility, including relating to 

14 any shutdown of such construction.’’. 

15 SEC. 7. RISK ANALYSIS AND INTEGRITY MANAGEMENT PRO16 GRAMS. 

17 Section 60109(c) of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(12) USE OF DIRECT ASSESSMENTS.— 

20 ‘‘(A) TRANSMISSION PIPELINE FACILITIES

21 REGULATION.—Not later than 2 years after the 

22 date of enactment of this paragraph, the Sec23 retary shall issue regulations for appropriate 

24 methods of assessment of transmission pipeline 

25 facilities under paragraph (3) that prioritize the 


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1 use of other inspection methods before, in tandem 

2 with, or in lieu of, the use of direct assessment, 

3 including internal inspection devices or pressure 

4 testing, to provide a greater level of safety. 

5 ‘‘(B) DISTRIBUTION PIPELINES STUDY.— 

6 Not later than 2 years after the date of enact7 ment of this paragraph, the Secretary shall sub8 mit to the Committees on Energy and Commerce 

9 and Transportation and Infrastructure of the 

10 House of Representatives and the Committee on 

11 Commerce, Science, and Transportation of the 

12 Senate a report containing— 

13 ‘‘(i) the results of a study of methods of 

14 assessment of distribution pipelines that 

15 may be used under paragraph (3), other 

16 than direct assessment, to determine wheth17 er any such methods— 

18 ‘‘(I) would provide a greater level 

19 of safety than direct assessment of such 

20 pipelines; and 

21 ‘‘(II) are feasible; and 

22 ‘‘(ii) any recommendations based on 

23 such study.’’. 


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1 SEC. 8. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY 

2 PREPAREDNESS. 

3 (a) IN GENERAL.—Section 60116 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 60116. Community right-to-know and emergency 

6 preparedness 

7 ‘‘(a) PUBLIC EDUCATION PROGRAMS.— 

8 ‘‘(1) IN GENERAL.—Each owner or operator of a 

9 gas or hazardous liquid pipeline facility shall carry 

10 out a continuing program to educate the public on— 

11 ‘‘(A) the use of a one-call notification sys12 tem prior to excavation and other damage pre13 vention activities; 

14 ‘‘(B) the possible hazards associated with 

15 unintended releases from the pipeline facility; 

16 and 

17 ‘‘(C) the physical indications that a release 

18 from a pipeline facility may have occurred, the 

19 steps that should be taken for public safety in the 

20 event of such a release, and how to report such 

21 a release. 

22 ‘‘(2) REVIEW AND MODIFICATION OF EXISTING

23 PROGRAMS.—Not later than 1 year after the date of 

24 enactment of the SAFER Pipelines Act of 2019, each 

25 owner or operator of a gas or hazardous liquid pipe26 line facility shall— 


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1 ‘‘(A) review its existing public education 

2 program for effectiveness, and modify the pro3 gram as necessary; and 

4 ‘‘(B) submit to the Secretary for review a 

5 detailed description of its public education pro6 gram, including any modifications made to the 

7 program under subparagraph (A). 

8 ‘‘(3) STANDARDS; MATERIAL.—The Secretary 

9 may— 

10 ‘‘(A) issue standards for public education 

11 programs under this subsection, including stand12 ards providing for periodic review of such pro13 grams and modification of such programs as 

14 needed; and 

15 ‘‘(B) develop material for use in the pro16 grams. 

17 ‘‘(b) LIAISON WITH STATE, LOCAL, AND TRIBAL

18 EMERGENCY RESPONSE ENTITIES.— 

19 ‘‘(1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of the SAFER Pipelines Act of 

21 2019, an operator of a gas or hazardous liquid pipe22 line facility shall establish liaison with— 

23 ‘‘(A) any State entity with responsibility 

24 for pipeline emergency response in each State in 

25 which the pipeline facility is located; 


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1 ‘‘(B) the appropriate local emergency plan2 ning entity in each emergency planning district 

3 in which the pipeline facility is located; and 

4 ‘‘(C) any Tribal entity with responsibility 

5 for pipeline emergency response or planning in 

6 the area in which the pipeline facility is located. 

7 ‘‘(2) COMMUNITIES WITHOUT LOCAL OR TRIBAL

8 EMERGENCY PLANNING OR RESPONSE ENTITIES.—In 

9 a community for which a local or Tribal entity de10 scribed in paragraph (1) does not exist, the operator 

11 of a gas or hazardous liquid pipeline facility shall li12 aise, to the extent practicable, with the local fire, po13 lice, and other emergency response entities. 

14 ‘‘(3) AVAILABILITY OF INFORMATION.— 

15 ‘‘(A) EVALUATION.—Not later than 2 years 

16 after the date of enactment of the SAFER Pipe17 lines Act of 2019, and based on the consultation 

18 required under subparagraph (C), the Secretary 

19 shall conduct an evaluation and determine 

20 whether State, local, and Tribal entities de21 scribed in paragraphs (1) and (2) have sufficient 

22 access to pipeline emergency response informa23 tion. 

24 ‘‘(B) REGULATION.—If the Secretary deter25 mines under subparagraph (A) that State, local, 


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1 and Tribal entities described in paragraphs (1) 

2 and (2) do not have sufficient access to pipeline 

3 emergency response information, the Secretary 

4 shall issue regulations not later than 3 years 

5 after the date of enactment of the SAFER Pipe6 lines Act of 2019 specifying relevant emergency 

7 response information and requiring each oper8 ator of a gas or hazardous liquid pipeline facil9 ity to make such information available to the 

10 applicable State, local, and Tribal entities de11 scribed in paragraphs (1) and (2). 

12 ‘‘(C) CONSULTATION.—In conducting the 

13 evaluation under subparagraph (A), the Sec14 retary shall consult with national organizations 

15 representing State, local, and Tribal entities de16 scribed in paragraphs (1) and (2) and the tech17 nical safety standards committees described in 

18 section 60115.’’. 

19 (b) CONFORMING AMENDMENT.—The table of sections 

20 for chapter 601 of title 49, United States Code, is amended 

21 by striking the item relating to section 60116 and inserting 

22 the following: 

‘‘60116. Community right-to-know and emergency preparedness.’’. 


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1 SEC. 9. COST RECOVERY FOR DESIGN REVIEWS. 

2 Section 60117(n)(1)(B)(i) of title 49, United States 

3 Code, is amended by striking ‘‘$2,500,000,000’’ and insert4 ing ‘‘$250,000,000’’. 

5 SEC. 10. ACTIONS BY PRIVATE PERSONS. 

6 Section 60121 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(e) MANDAMUS.—A person may bring a civil action 

9 in an appropriate district court of the United States to 

10 compel the Secretary to perform a nondiscretionary duty 

11 under this chapter that the Secretary has failed to per12 form.’’. 

13 SEC. 11. CIVIL PENALTIES. 

14 (a) INCREASED PENALTIES.—Section 60122(a) of title 

15 49, United States Code, is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘$200,000’’ and inserting 

18 ‘‘$20,000,000’’; and 

19 (B) by striking ‘‘The maximum civil pen20 alty under this paragraph for a related series of 

21 violations is $2,000,000.’’; and 

22 (2) in paragraph (2) by striking ‘‘$50,000’’ and 

23 inserting ‘‘$20,000,000’’. 

24 (b) DEPOSIT IN HIGHWAY TRUST FUND.—Penalties 

25 collected pursuant to amendments made by this section 


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1 shall be transferred to the Highway Account of the Highway 

2 Trust Fund. 

3 SEC. 12. CRIMINAL PENALTIES. 

4 Section 60123(a) of title 49, United States Code, is 

5 amended by striking ‘‘knowingly and willfully’’ and insert6 ing ‘‘knowingly or recklessly’’. 

7 SEC. 13. EMERGENCY RESPONSE GRANTS. 

8 Section 60125(b)(1) of title 49, United States Code, is 

9 amended by striking ‘‘and local governments in high con10 sequence areas, as defined by the Secretary,’’ and inserting 

11 ‘‘local, and Tribal governments, and nonprofit organiza12 tions providing pipeline emergency response training,’’. 

13 SEC. 14. VERIFICATION OF PIPELINE QUALIFICATION PRO14 GRAMS. 

15 Section 60131(g) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (1) by striking ‘‘; and’’ and in18 serting a semicolon; 

19 (2) in paragraph (2) by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following para22 graph: 

23 ‘‘(3) with respect to any pipeline facility, means 

24 a construction task that is performed on the pipeline 

25 facility.’’. 


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1 SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM. 

2 (a) INFORMATION TO BE PROVIDED.—Section 

3 60132(a) of title 49, United States Code, is amended— 

4 (1) by striking ‘‘Not later than 6 months after 

5 the date of enactment of this section, the’’ and insert6 ing ‘‘The’’; and 

7 (2) by striking ‘‘(except distribution lines and 

8 gathering lines)’’ and inserting ‘‘, including a dis9 tribution line or a gathering line (but not including 

10 any gathering lines that are not regulated under part 

11 192 or part 195 of title 49, Code of Federal Regula12 tions),’’. 

13 (b) REQUIREMENTS FOR PROVISION OF INFORMA14 TION.—Section 60132 of title 49, United States Code, is 

15 amended— 

16 (1) in subsection (b) by striking ‘‘under sub17 section (a)’’ and inserting ‘‘under this section for in18 clusion in the National Pipeline Mapping System’’; 

19 (2) in subsection (f) by striking ‘‘to subsection 

20 (a)’’ and inserting ‘‘to this section for inclusion in the 

21 National Pipeline Mapping System’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(g) REQUIREMENTS FOR COVERED FACILITIES.—Not 

24 later than 1 year after a pipeline facility described in sub25 section (a) becomes covered by such subsection, the operator 

26 of such facility shall provide to the Secretary the informaVerDate Sep 11 2014 22:22 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H5120.RH H5120

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1 tion required under paragraphs (1) through (4) of such sub2 section with respect to such facility. 

3 ‘‘(h) ADDITIONAL INFORMATION ON DISTRIBUTION

4 LINES.—Not later than 2 years after a distribution line be5 comes covered by subsection (a), the operator of such dis6 tribution line shall provide to the Secretary, in addition 

7 to the information required under paragraphs (1) through 

8 (4) of subsection (a), information on the distribution sys9 tems that could lead to a point of failure, including— 

10 ‘‘(1) sensing lines; 

11 ‘‘(2) regulator stations; 

12 ‘‘(3) automatic or remote-controlled shut-off 

13 valves; and 

14 ‘‘(4) any other distribution pipeline technology 

15 or feature that the Secretary determines is appro16 priate to ensure safety. 

17 ‘‘(i) UPDATE TO SYSTEM.— 

18 ‘‘(1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this subsection— 

20 ‘‘(A) the Secretary shall determine whether 

21 the inclusion of additional information in the 

22 National Pipeline Mapping System would im23 prove the preparation and response efforts of 

24 emergency responders with access to the System; 

25 and 


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1 ‘‘(B) if the Secretary determines under sub2 paragraph (A) that inclusion of additional infor3 mation in the National Pipeline Mapping Sys4 tem would improve the preparation and response 

5 efforts of emergency responders with access to the 

6 System, the Secretary shall issue regulations— 

7 ‘‘(i) identifying such additional infor8 mation as the Secretary determines would 

9 improve emergency preparedness and re10 sponse efforts; and 

11 ‘‘(ii) requiring each person providing 

12 information under subsection (a) to provide 

13 such additional information. 

14 ‘‘(2) CONSIDERATIONS.—In carrying out para15 graph (1), the Secretary shall consider inclusion, to 

16 the extent practicable, of the following information: 

17 ‘‘(A) A description of the pipeline facility, 

18 including the length of the facility and origin 

19 and termination points. 

20 ‘‘(B) A 5-year incident, and inspection and 

21 enforcement, history for the pipeline facility. 

22 ‘‘(C) If applicable, a summary of any integ23 rity management program activities related to 

24 the pipeline facility.’’. 


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1 (c) ADDITIONAL INFORMATION ON DISTRIBUTION

2 LINES.—Not later than 1 year after the date of enactment 

3 of this Act, the Secretary shall issue such regulations as are 

4 necessary to specify the information required to be provided 

5 pursuant to section 60132(h) of title 49, United States 

6 Code. 

7 SEC. 16. CONGRESSIONAL ACCESS TO OIL SPILL RESPONSE 

8 PLANS. 

9 Section 60138(a) of title 49, United States Code, is 

10 amended— 

11 (1) in paragraph (1) by striking ‘‘and’’; 

12 (2) in paragraph (2)(D) by striking the period 

13 and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(3) provide to a Member of Congress, upon re16 quest from such Member, a copy of any such plan, the 

17 contents of which the Secretary may not redact but 

18 may note, as the Secretary determines appropriate— 

19 ‘‘(A) proprietary information; and 

20 ‘‘(B) security-sensitive information, includ21 ing information described in section 1520.5(a) of 

22 title 49, Code of Federal Regulations.’’. 

23 SEC. 17. LEAK DETECTION TECHNOLOGY. 

24 (a) IN GENERAL.—Chapter 601 of title 49, United 

25 States Code, is amended by adding at the end the following: 


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1 ‘‘§ 60142. Leak detection technology 

2 ‘‘(a) LEAK DETECTION TECHNOLOGY.—Not later than 

3 1 year after the date of enactment of this section, the Sec4 retary shall issue regulations requiring each operator of a 

5 gas pipeline facility to install and use advanced leak detec6 tion technology on all gas pipelines it operates. 

7 ‘‘(b) REQUIREMENTS.—The advanced leak detection 

8 technology required under subsection (a) shall, at a min9 imum— 

10 ‘‘(1) have a high accuracy of identifying leak lo11 cation; 

12 ‘‘(2) be capable of measuring methane concentra13 tions in parts per billion; and 

14 ‘‘(3) be capable of correlating methane concentra15 tion measurements to data produced by geographic 

16 information systems technology.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections for 

18 chapter 601 of title 49, United States Code, is amended by 

19 adding at the end the following new item: 

‘‘60142. Leak detection technology.’’. 

20 SEC. 18. GAS PIPELINE REPAIR CRITERIA. 

21 (a) IN GENERAL.—Chapter 601 of title 49, United 

22 States Code, is further amended by adding at the end the 

23 following: 


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1 ‘‘§ 60143. Gas pipeline repair criteria 

2 ‘‘(a) LEAK REPAIR FOR LARGE LOSS EVENT.—Not 

3 later than 1 year after the date of enactment of this section, 

4 the Secretary shall issue regulations requiring each operator 

5 of a gas pipeline facility to— 

6 ‘‘(1) immediately repair a leak in a gas pipeline 

7 facility it operates that results in a large loss event; 

8 and 

9 ‘‘(2) report information to the Secretary with re10 spect to such large loss event, including— 

11 ‘‘(A) the location of such large loss event; 

12 ‘‘(B) the total estimated volume of gas re13 leased during such event; 

14 ‘‘(C) the cause of the failure; and 

15 ‘‘(D) the time from the detection of a gas 

16 leak to the completion of the repair of such leak. 

17 ‘‘(b) LARGE LOSS EVENT DEFINED.—In this section, 

18 the term ‘large loss event’ means the loss of 300,000 cubic 

19 feet or more of gas.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections for 

21 chapter 601 of title 49, United States Code, is further 

22 amended by adding at the end the following new item: 

‘‘60143. Gas pipeline repair criteria.’’. 


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1 SEC. 19. METHANE RELEASE MITIGATION. 

2 (a) IN GENERAL.—Chapter 601 of title 49, United 

3 States Code, is further amended by adding at the end the 

4 following: 

5 ‘‘§ 60144. Methane release mitigation 

6 ‘‘(a) METHANE CAPTURE FROM ROUTINE OPER7 ATIONS OR MAINTENANCE.—Not later than 1 year after the 

8 date of enactment of this section, the Secretary shall issue 

9 regulations requiring each operator of a gas pipeline facil10 ity to use the best available technology to capture gas re11 leased when performing routine operations or maintenance 

12 on the pipeline facility. 

13 ‘‘(b) REGULATIONS.—In issuing regulations under 

14 subsection (a), the Secretary shall establish— 

15 ‘‘(1) requirements for the capture of gas released 

16 from routine operations, including venting to relieve 

17 pressure; 

18 ‘‘(2) requirements for the capture of gas released 

19 from maintenance operations, including blowdowns; 

20 and 

21 ‘‘(3) procedures for emergency situations that re22 sult in a release of gas.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections for 

24 chapter 601 of title 49, United States Code, is further 

25 amended by adding at the end the following new item: 

‘‘60144. Methane release mitigation.’’. 


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1 SEC. 20. UNUSUALLY SENSITIVE AREAS. 

2 (a) COASTAL WATERS; COASTAL BEACHES.—Section 

3 19 of the PIPES Act of 2016 (49 U.S.C. 60109 note) is 

4 amended— 

5 (1) in subsection (b) by striking ‘‘marine coastal 

6 waters’’ and inserting ‘‘coastal waters’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(c) DEFINITIONS.—In this section, the following defi9 nitions apply: 

10 ‘‘(1) COASTAL BEACHES.—The term ‘coastal 

11 beaches’ means the land between high and low water 

12 marks of coastal waters. 

13 ‘‘(2) COASTAL WATERS.—The term ‘coastal 

14 waters’ has the meaning given such term in section 

15 4101 of the Shore Protection Act of 1988 (33 U.S.C. 

16 2601).’’. 

17 (b) COASTAL WATERS.—Section 60109(b)(2) of title 

18 49, United States Code, is amended by striking ‘‘marine 

19 coastal waters’’ and inserting ‘‘coastal waters’’. 

20 (c) UPDATES.—Not later than 90 days after the date 

21 of enactment of this section, the Secretary of Transportation 

22 shall complete the revision required under section 19(b) of 

23 the PIPES Act of 2016 (49 U.S.C. 60109 note), as amended 

24 by this section. 


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1 SEC. 21. USER FEES FOR UNDERGROUND NATURAL GAS 

2 STORAGE FACILITIES. 

3 Section 60302 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (c)(2)— 

6 (A) in subparagraph (A) by striking ‘‘and’’ 

7 at the end; 

8 (B) in subparagraph (B) by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(C) may only be used to the extent pro12 vided in advance in an appropriations Act.’’; 

13 (2) by striking paragraph (3) of subsection (c); 

14 and 

15 (3) by adding at the end the following: 

16 ‘‘(d) LIMITATIONS.—Fees imposed under subsection (a) 

17 shall be sufficient to pay for the costs of activities described 

18 in subsection (c), except that the total amount collected for 

19 a fiscal year may not be more than 105 percent of the total 

20 amount of the appropriations made for the fiscal year ac21 tivities to be financed by fees.’’. 

22 SEC. 22. SEISMICITY. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of enactment of this section, the Secretary of Transpor25 tation, in consultation with the Federal Energy Regulatory 

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1 tional Academy of Sciences under which the National Acad2 emy of Sciences shall prepare a report containing— 

3 (1) the results of a study that— 

4 (A) evaluates the current Federal require5 ments for pipeline facility design, siting, con6 struction, operation and maintenance, and in7 tegrity management, relating to seismicity, land 

8 subsidence, landslides, slope instability, frost 

9 heave, soil settlement, erosion, and other dy10 namic geologic conditions that may pose a safety 

11 risk; 

12 (B) identifies any discrepancy in such re13 quirements that apply to operators of gas pipe14 line facilities and hazardous liquid pipeline fa15 cilities; and 

16 (C) identifies any deficiencies in industry 

17 practices related to such requirements; and 

18 (2) any recommendations of the National Acad19 emy of Sciences based on such results. 

20 (b) REPORT TO CONGRESS.—Upon completion of the 

21 report prepared pursuant to subsection (a), the National 

22 Academy of Sciences shall submit to the Secretary of Trans23 portation, the Committee on Transportation and Infra24 structure of the House of Representatives, the Committee on 

25 Energy and Commerce of the House of Representatives, and 


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1 the Committee on Commerce, Science, and Transportation 

2 of the Senate the report. 

3 (c) PIPELINE FACILITIES.—In this section, the term 

4 ‘‘pipeline facility’’ has the meaning given that term in sec5 tion 60101 of title 49, United States Code. 

6 SEC. 23. ADVANCEMENT OF NEW PIPELINE SAFETY TECH7 NOLOGIES AND APPROACHES. 

8 (a) IN GENERAL.—Chapter 601 of title 49, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘§ 60145. Pipeline safety enhancement programs 

11 ‘‘(a) IN GENERAL.—The Secretary may establish and 

12 carry out limited safety-enhancing testing programs during 

13 the period of fiscal years 2020 through 2026 to evaluate in14 novative technologies and operational practices testing the 

15 safe operation of— 

16 ‘‘(1) a natural gas pipeline facility; or 

17 ‘‘(2) a hazardous liquid pipeline facility. 

18 ‘‘(b) LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—Such testing programs may 

20 not exceed— 

21 ‘‘(A) 5 percent of the total miles of haz22 ardous liquid pipelines in the United States; and 

23 ‘‘(B) 5 percent of the total miles of natural 

24 gas pipelines in the United States. 


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1 ‘‘(2) INDIVIDUAL OPERATOR MILEAGE LIMITA2 TION.—The Secretary shall limit the mileage an indi3 vidual operator can test under each program estab4 lished under subsection (a) to the lesser of— 

5 ‘‘(A) 50 percent of the total pipeline mileage 

6 in the operator’s system; or 

7 ‘‘(B) 1,000 miles. 

8 ‘‘(3) HIGH POPULATION AREAS; HIGH CON9 SEQUENCE AREAS.—Any program established under 

10 subsection (a) shall not be located in a high popu11 lation area (as defined in section 195.450 of title 49, 

12 Code of Federal Regulations) or a high consequence 

13 area (as defined in section 192.903 of title 49, Code 

14 of Federal Regulations). 

15 ‘‘(4) UNUSUALLY SENSITIVE AREAS.—Any pro16 gram established under subsection (a) shall not be lo17 cated in an unusually sensitive area (as described in 

18 section 60109(b)). 

19 ‘‘(5) HIGH CONSEQUENCE AREAS FOR HAZ20 ARDOUS LIQUID PIPELINES.— 

21 ‘‘(A) IN GENERAL.—Not later than 1 year 

22 after the date of enactment of this section, the 

23 Secretary shall submit to Congress a report con24 taining an examination of the benefits and costs 

25 of prohibiting testing in high consequence areas 


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1 (as defined in section 195.450 of title 49, Code 

2 of Federal Regulations) for hazardous liquid 

3 pipelines. 

4 ‘‘(B) CONTENTS OF REPORT.—The report 

5 described in subparagraph (A) shall examine the 

6 safety benefits of allowing testing for hazardous 

7 liquid pipelines in high consequence areas and 

8 whether additional testing conditions are re9 quired to protect such areas while conducting the 

10 program established under subsection (a) in such 

11 areas. 

12 ‘‘(6) RESTRICTION.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall not 

14 approve a program under this section until the 

15 report required under paragraph (5) is sub16 mitted to Congress. 

17 ‘‘(B) EXCEPTION.—The limitation in sub18 paragraph (A) shall not apply if— 

19 ‘‘(i) the Secretary determines that there 

20 is a need for a program under this section; 

21 and 

22 ‘‘(ii) more than 1 year has passed 

23 since the date of enactment of this section. 


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1 ‘‘(c) DURATION.—The term of a testing program estab2 lished under subsection (a) shall be not more than a period 

3 of 4 years beginning on the date of approval of the program. 

4 ‘‘(d) SAFETY STANDARDS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall require, 

6 as a condition of approval of a testing program under 

7 subsection (a), that the safety measures in the testing 

8 program are designed to achieve a level of safety that 

9 is greater than, or equivalent to, the level of safety re10 quired by this chapter. 

11 ‘‘(2) DETERMINATION.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 issue an order under subparagraph (A) of section 

14 60118(c)(1) to accomplish the purpose of a test15 ing program for a term not to exceed the time 

16 period described in subsection (c) if the condition 

17 described in paragraph (1) is met, as determined 

18 by the Secretary. 

19 ‘‘(B) LIMITATION.—An order under sub20 paragraph (A) shall pertain only to those regula21 tions that would otherwise prevent the use of the 

22 safety technology to be tested under the testing 

23 program. 

24 ‘‘(e) CONSIDERATIONS.—In establishing a testing pro25 gram under subsection (a), the Secretary shall consider— 


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1 ‘‘(1) the accident or incident record of the owners 

2 or operators participating in the program; 

3 ‘‘(2) whether the owners or operators partici4 pating in the program have a safety management sys5 tem in place and how the application for such pro6 gram proposes to eliminate or mitigate any potential 

7 safety risks; 

8 ‘‘(3) a description of any measures or activities 

9 the owners or operators participating in the program 

10 propose to eliminate or mitigate any environmental 

11 risks; 

12 ‘‘(4) a description of any previous testing and 

13 the outcome of such testing of the proposed safety tech14 nology through a research and development program 

15 carried out by— 

16 ‘‘(A) the Secretary; 

17 ‘‘(B) collaborative research development or18 ganizations; or 

19 ‘‘(C) other institutions; 

20 ‘‘(5) whether there have been other testing pro21 grams granted under subsection (a) similar to the 

22 proposed safety technology and the outcome of such 

23 programs; and 

24 ‘‘(6) whether the pipeline segments tested by the 

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1 sequence areas (as defined in sections 192.903 and 

2 195.450 of title 49, Code of Federal Regulations) and 

3 unusually sensitive areas (as described in section 

4 60109(b)). 

5 ‘‘(f) MULTIPLE OPERATORS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may select up 

7 to 5 owners or operators to carry out a testing pro8 gram under subsection (a) in a single application. 

9 ‘‘(2) DETERMINATION.—In selecting owners or 

10 operators under paragraph (1), the Secretary shall 

11 determine that each testing program proposed by such 

12 owners or operators— 

13 ‘‘(A) meet the requirements of subsection 

14 (d)(1); 

15 ‘‘(B) test a similar technology, best practice, 

16 or related set of technologies and best practices; 

17 and 

18 ‘‘(C) provides appropriate testing conditions 

19 for the technologies or practices being used. 

20 ‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—If 

21 an owner or operator participating in a program es22 tablished under subsection (a), the Secretary may re23 voke permission to participate in such program if— 

24 ‘‘(A) the owner or operator is involved in 

25 an accident or incident and the testing program 


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1 is determined to be the cause or a contributing 

2 factor of such accident or incident; or 

3 ‘‘(B) the Secretary determines revocation of 

4 permission is warranted for public safety rea5 sons. 

6 ‘‘(g) DATA AND FINDINGS.— 

7 ‘‘(1) IN GENERAL.—As a participant in a testing 

8 program established under subsection (a), an owner 

9 or operator shall submit to the Secretary detailed 

10 findings and a summary of data collected as a result 

11 of participation in the testing program. 

12 ‘‘(2) PUBLIC REPORT.—To the extent practicable, 

13 the Secretary shall make a yearly interim report pub14 licly available on the website of the Department of 

15 Transportation for any ongoing testing program es16 tablished under subsection (a) summarizing the 

17 progress of such program. 

18 ‘‘(h) AUTHORITY TO REVOKE PARTICIPATION.—The 

19 Secretary shall immediately revoke participation in a test20 ing program under subsection (a) if— 

21 ‘‘(1) the participant has an accident or incident 

22 involving a death, or personal injury necessitating in23 patient hospitalization and the testing program is de24 termined to be the cause or a contributing factor to 

25 such accident or incident; 


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1 ‘‘(2) the participant fails to comply with the 

2 terms and conditions of the testing program; or 

3 ‘‘(3) in the determination of the Secretary, con4 tinued participation in the testing program by the 

5 participant would be unsafe. 

6 ‘‘(i) AUTHORITY TO TERMINATE PROGRAM.—The Sec7 retary shall immediately terminate a testing program 

8 under subsection (a) if continuation of the testing program 

9 would not be consistent with the goals and objectives of this 

10 chapter. 

11 ‘‘(j) STATE RIGHTS.— 

12 ‘‘(1) EXEMPTION.—Except as provided in para13 graph (2), if a State submits to the Secretary notice 

14 that the State requests an exemption from any testing 

15 program considered for establishment under this sec16 tion, the State shall be exempt. 

17 ‘‘(2) LIMITATIONS.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall not 

19 grant a requested exemption under paragraph 

20 (1) after a testing program is established. 

21 ‘‘(B) LATE NOTICE.—The Secretary shall 

22 not grant a requested exemption under para23 graph (1) if the notice submitted under that 

24 paragraph is submitted to the Secretary more 

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1 retary issues an order providing an effective date 

2 for the testing program. 

3 ‘‘(3) EXCEPTION.—A State shall be eligible to 

4 withdraw from a testing program if an owner or op5 erator conducting such testing program in such State 

6 has an incident involving a death, a personal injury 

7 necessitating in-patient hospitalization, or a report8 able accident (within the meaning of sections 195.50 

9 and 191.3 of title 49, Code of Federal Regulations), 

10 and the testing program is determined to be the cause 

11 or a contributing factor to such incident. 

12 ‘‘(4) EFFECT.—If a State has not submitted a 

13 notice requesting an exemption under paragraph (1), 

14 the State shall not enforce any law (including regula15 tions) that is inconsistent with a testing program in 

16 effect in the State under this section. 

17 ‘‘(k) PROGRAM REVIEW PROCESS AND PUBLIC NO18 TICE.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall publish 

20 in the Federal Register a notice of each testing pro21 gram under subsection (a), including the order to be 

22 considered, and provide an opportunity for public 

23 comment for not less than 60 days. 

24 ‘‘(2) COMMUNICATION WITH STATES.— 


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1 ‘‘(A) IN GENERAL.—As part of carrying out 

2 the process described in paragraph (1), the Sec3 retary shall individually notify, at the time de4 scribed in paragraph (1), the relevant authorities 

5 in the States such testing programs would be 

6 conducted in. 

7 ‘‘(B) NOTIFICATION CONTENTS.—The notifi8 cation described in subparagraph (A) shall in9 clude a specific list of the laws or regulations 

10 that the State would not be allowed to enforce 

11 pursuant to subsection (j)(4) should such testing 

12 program go into effect, and the ability of the 

13 State to request an exemption from the program. 

14 ‘‘(3) RESPONSE FROM SECRETARY.—Not later 

15 than the date on which the Secretary issues an order 

16 providing an effective date of a testing program no17 ticed under paragraph (1), the Secretary shall re18 spond to each comment submitted under that para19 graph. 

20 ‘‘(l) REPORT TO CONGRESS.—At the conclusion of each 

21 testing program, the Secretary shall make publicly avail22 able on the website of the Department of Transportation 

23 a report containing— 

24 ‘‘(1) the findings and conclusions of the Sec25 retary with respect to the testing program; and 


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1 ‘‘(2) any recommendations of the Secretary with 

2 respect to the testing program, including any rec3 ommendations for amendments to laws (including 

4 regulations) and the establishment of standards, 

5 that— 

6 ‘‘(A) would enhance the safe operation of 

7 interstate gas or hazardous liquid pipeline facili8 ties; and 

9 ‘‘(B) are technically, operationally, and eco10 nomically feasible. 

11 ‘‘(m) STANDARDS.—If a report under subsection (l) in12 dicates that it is practicable to establish technically, oper13 ationally, and economically feasible standards for the use 

14 of a safety-enhancing technology and any corresponding 

15 operational practices tested by the testing program de16 scribed in the report, the Secretary, as soon as practicable 

17 after submission of the report, may promulgate regulations 

18 consistent with chapter 5 of title 5 (commonly known as 

19 the ‘Administrative Procedures Act’) that— 

20 ‘‘(1) allow operators of interstate gas or haz21 ardous liquid pipeline facilities to use the relevant 

22 technology or practice to the extent practicable; and 

23 ‘‘(2) establish technically, operationally, and eco24 nomically feasible standards for the capability and 

25 deployment of the technology or practice.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections for 

2 chapter 601 of title 49, United States Code, is further 

3 amended by adding at the end: 

‘‘60145. Pipeline safety enhancement programs.’’. 

4 SEC. 24. WORKFORCE. 

5 (a) STAFFING.— 

6 (1) IN GENERAL.—The Secretary of Transpor7 tation shall increase the number of full-time equiva8 lent employees (as compared to the number of posi9 tions on the date of enactment of this Act) by— 

10 (A) 8 full-time employees with subject mat11 ter expertise in pipeline safety, pipeline facili12 ties, and pipeline systems to finalize outstanding 

13 rulemakings and fulfill mandates for the Office 

14 of Pipeline Safety of the Pipeline and Hazardous 

15 Materials Safety Administration; and 

16 (B) 3 full-time attorneys, with environ17 mental expertise, in the Office of Chief Counsel 

18 of the Pipeline and Hazardous Materials Safety 

19 Administration. 

20 (2) PIPELINE INSPECTION AND ENFORCEMENT

21 PERSONNEL.—The Secretary shall ensure that the 

22 number of positions for pipeline inspection and en23 forcement personnel in the Office of Pipeline Safety of 

24 the Pipeline and Hazardous Materials Safety Admin25 istration does not fall below the following: 


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1 (A) 222 for fiscal year 2020. 

2 (B) 233 for fiscal year 2021. 

3 (C) 245 for fiscal year 2022. 

4 (D) 258 for fiscal year 2023. 

5 (E) 272 for fiscal year 2024. 

6 (b) RECRUITMENT AND RETENTION AUTHORITIES.— 

7 The Secretary shall request authority from the Office of Per8 sonnel Management to use incentives, as necessary, to re9 cruit and retain a qualified workforce, including for inspec10 tion and enforcement personnel and subject matter experts 

11 dedicated to rulemaking activities in the Office of Pipeline 

12 Safety of the Pipeline and Hazardous Materials Safety Ad13 ministration— 

14 (1) special pay rates permitted under section 

15 5305 of title 5, United States Code; and 

16 (2) repayment of student loans accompanied by 

17 a continued service agreement, permitted under sec18 tion 5379 of title 5, United States Code. 

19 SEC. 25. HIRING REPORT. 

20 Not later than 180 days after the date of enactment 

21 of this Act, and annually thereafter through calendar year 

22 2023, the Administrator of the Pipeline and Hazardous Ma23 terials Safety Administration shall submit to Congress a 

24 report on the efforts of the Administration to hire women, 


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1 minorities, and veterans as inspectors since January 1, 

2 2012. 

3 SEC. 26. PLAN TO COMBINE STATE DAMAGE PREVENTION 

4 AND ONE-CALL NOTIFICATION PROGRAMS. 

5 Not later than 1 year after the date of enactment of 

6 this Act, the Secretary of Transportation shall submit to 

7 the Committees on Energy and Commerce and Transpor8 tation and Infrastructure of the House of Representatives 

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate a plan to combine the activities carried 

11 out by the Secretary under sections 6106 and 60134 of title 

12 49, United States Code. 

13 SEC. 27. GAS GATHERING LINES. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall issue final regulations on gas gathering lines 

17 based on the notice of proposed rulemaking published on 

18 April 8, 2016, titled ‘‘Pipeline Safety: Safety of Gas Trans19 mission and Gathering Pipelines’’ (81 Fed. Reg. 20722). 

20 (b) REGULATIONS.—The final regulations issued under 

21 subsection (a) shall cover— 

22 (1) all gas gathering lines in class 4, class 3, and 

23 class 2 locations, as classified in section 192.5 of title 

24 49, Code of Federal Regulations; and 


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1 (2) gas gathering lines with a diameter of at 

2 least 8 inches that are located in a class 1 location, 

3 as classified in section 192.5 of title 49, Code of Fed4 eral Regulations. 

5 SEC. 28. REGULATORY UPDATES. 

6 (a) DEFINITION OF OUTSTANDING REGULATION.—In 

7 this section, the term ‘‘outstanding regulation’’ means— 

8 (1) a final rule required to be issued under the 

9 Pipeline Safety, Regulatory Certainty, and Job Cre10 ation Act of 2011 (Public Law 112–90; 125 Stat. 

11 1904) that has not been published in the Federal Reg12 ister; 

13 (2) a final rule required to be issued under the 

14 Protecting our Infrastructure of Pipelines and En15 hancing Safety Act of 2016 (Public Law 114–183; 

16 130 Stat. 514) that has not been published in the 

17 Federal Register; and 

18 (3) any other final rule regarding gas or haz19 ardous liquid pipeline facilities required to be issued 

20 under this Act or an Act enacted before the date of 

21 enactment of this Act that has not been published by 

22 the date required in such Act in the Federal Register. 

23 (b) REQUIREMENT.—Not later than 5 days after the 

24 date of enactment of this Act, and every 30 days thereafter 

25 until an outstanding regulation is published in the Federal 


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1 Register, the Secretary of Transportation shall provide an 

2 update on the status of each outstanding regulation by— 

3 (1) publishing on a publicly available website of 

4 the Department of Transportation information re5 garding the status of each outstanding regulation; 

6 and 

7 (2) submitting notification to the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives, the Committee on Energy and Com10 merce of the House of Representatives, and the Com11 mittee on Commerce, Science, and Transportation of 

12 the Senate. 

13 (c) CONTENTS.—The information described in section 

14 (b)(1) shall include— 

15 (1) with respect to an outstanding regulation 

16 under review by the Office of the Secretary for not 

17 more than 45 days— 

18 (A) the date that such outstanding regula19 tion was submitted to the Office of the Secretary 

20 for review; and 

21 (B) the staff allocations within the Office of 

22 the Secretary with respect to each such out23 standing regulation and any resource constraints 

24 affecting the review; 


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1 (2) with respect to an outstanding regulation 

2 under review by the Office of the Secretary for more 

3 than 45 days— 

4 (A) the information described in paragraph 

5 (1); 

6 (B) a description of why such outstanding 

7 regulation is under extended review; 

8 (C) a work plan for finalizing review of 

9 such outstanding regulation; and 

10 (D) the date of anticipated completion of 

11 such review; 

12 (3) with respect to an outstanding regulation 

13 that has been transmitted to neither the Office of 

14 Management and Budget nor the Office of the Sec15 retary— 

16 (A) a description of the work plan for such 

17 outstanding regulation; 

18 (B) the anticipated date on which such reg19 ulation will be transmitted to the Office of Man20 agement and Budget and the Office of the Sec21 retary; 

22 (C) the staff allocations with respect to such 

23 outstanding regulation; 


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1 (D) any resource constraints affecting the 

2 rulemaking process for such outstanding regula3 tion; and 

4 (E) any other details associated with the de5 velopment of such outstanding regulation that af6 fect the progress of the rulemaking process with 

7 respect to such outstanding regulation; and 

8 (4) with respect to an outstanding regulation 

9 that has been transmitted to the Office of Manage10 ment and Budget— 

11 (A) the date such outstanding regulation 

12 was submitted to the Office of Management and 

13 Budget for review; and 

14 (B) a statement of whether the outstanding 

15 regulation remains under review by the Office of 

16 Management and Budget or has been transmitted 

17 for further review by the Office of the Secretary 

18 or the Administrator of the Pipeline and Haz19 ardous Materials Safety Administration. 

20 SEC. 29. COMPONENT VERIFICATION. 

21 (a) IN GENERAL.— 

22 (1) VERIFICATION.—Section 60102(e) of title 49, 

23 United States Code, is amended— 

24 (A)(i) in paragraph (1), by striking ‘‘and’’ 

25 at the end; and 


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1 (ii) in paragraph (2), by striking the period 

2 at the end and inserting ‘‘; and’’; 

3 (B) by redesignating paragraphs (1) and 

4 (2) as subparagraphs (A) and (B), respectively 

5 (and by adjusting the margins accordingly); 

6 (C) by striking ‘‘The Secretary shall’’ and 

7 inserting the following: 

8 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(C) for facilities identified under subpara11 graphs (A) and (B), shall include, for all pipes 

12 and related components for which the regulations 

13 of the Pipeline and Hazardous Materials Safety 

14 Administration require compliance with a stand15 ard incorporated by reference for such pipe or re16 lated component, documentation of verification 

17 that such pipe or related component meets such 

18 standard. 

19 ‘‘(2) VERIFICATION.—The verification described 

20 in paragraph (1)(C) shall be conducted by— 

21 ‘‘(A) an independent third party on behalf 

22 of the operator; 

23 ‘‘(B) the operator, so long as such operator 

24 does not pay, or receive payment from, a manu25 facturer, distributor, or supplier of a pipe or reVerDate Sep 11 2014 22:22 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\H5120.RH H5120

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1 lated component described in paragraph (1)(C) 

2 for such verification; or 

3 ‘‘(C) a United States manufacturer of a 

4 pipe or related component described in para5 graph (1)(C) that is accredited by the Inter6 national Organization for Standardization. 

7 ‘‘(3) DEFINITIONS.—In this subsection: 

8 ‘‘(A) VERIFICATION.—The term 

9 ‘verification’ means sufficient testing and audit10 ing to confirm that a standard has been met in 

11 the production of a pipe or related component. 

12 ‘‘(B) INDEPENDENT THIRD PARTY.—The 

13 term ‘independent third party’ means an entity 

14 that— 

15 ‘‘(i) does not have a commercial rela16 tionship with the manufacturer or supplier 

17 of a pipe or related component; and 

18 ‘‘(ii) is accredited by the International 

19 Organization for Standardization.’’. 

20 (2) APPLICABILITY.—The amendments made by 

21 this subsection shall only apply to pipes and compo22 nents that are— 

23 (A) covered by the amendments made by 

24 such subsection; and 


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1 (B) purchased on or after the date of enact2 ment of this Act. 

3 (b) REVIEW OF COMPLIANCE OF FLANGES AND FIT4 TINGS.— 

5 (1) IN GENERAL.—Not later than 180 days after 

6 the date of enactment of this Act, the Comptroller 

7 General of the United States shall complete a review 

8 of the compliance of flanges and fittings of a pipeline 

9 facility (as such term is defined in section 60101 of 

10 title 49, United States Code) with Federal require11 ments. 

12 (2) CONTENTS OF REVIEW.—The review required 

13 under paragraph (1) shall include— 

14 (A) a compilation of the existing standards 

15 that are incorporated by reference in regulations 

16 of the Pipeline and Hazardous Materials Safety 

17 Administration and apply to the manufacturing, 

18 operation, and maintenance of such flanges and 

19 fittings; 

20 (B) a review of the existing oversight au21 thority of the Secretary of Transportation over 

22 manufacturers and distributors of such flanges 

23 and fittings and any lack of oversight authority 

24 that could lead to incidents or accidents; 


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1 (C) an analysis of the degree of compliance 

2 by such manufacturers and distributors with the 

3 standards described in subparagraph (A), the 

4 identification of any instances of non-compliance 

5 with such standards, and the form, degree, and 

6 scope of such non-compliance; 

7 (D) a review of the extent to which 

8 verification (as such term is defined in section 

9 60102(e) of title 49, United States Code, as 

10 added by this section) by operators of pipeline 

11 facilities of whether such flanges and fittings of 

12 pipeline facilities meet the applicable standards 

13 described in subparagraph (A) is occurring; 

14 (E) a review of the safety benefits of requir15 ing pipeline incident reports to include the iden16 tification of the manufacturer of the flanges and 

17 fittings involved in those incidents; and 

18 (F) an identification and recommendation 

19 of any additional authorities or responsibilities 

20 for the Secretary of Transportation, or addi21 tional standards, necessary to improve the safety 

22 and integrity of flanges and fittings through 

23 manufacturing and distribution. 

24 (3) REPORT.—Not later than 210 days after the 

25 date of enactment of this Act, the Comptroller General 


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1 shall submit to the Committee on Commerce, Science, 

2 and Transportation of the Senate, the Committee on 

3 Transportation and Infrastructure of the House of 

4 Representatives, and the Secretary of Transportation 

5 a report containing the results of the review completed 

6 under paragraph (1) and any recommendations for 

7 legislation or changes to existing regulations. 

8 (4) PUBLIC COMMENT PROCESS.— 

9 (A) IN GENERAL.—Not later than 30 days 

10 after submission of the report required under 

11 paragraph (3) to the Secretary, the Secretary 

12 shall provide a period of not fewer than 60 days 

13 for public comment regarding such report. 

14 (B) REPORT.—Not later than 180 days 

15 after the end of the public comment period de16 scribed in subparagraph (A), the Secretary shall 

17 publish in the Federal Register a report respond18 ing to the public comments submitted. 

19 (C) CONTENTS OF REPORT.—In the report 

20 described in subparagraph (B), the Secretary 

21 shall indicate any anticipated actions the Sec22 retary will take with respect to flanges and fit23 tings of a pipeline facility based on the com24 ments submitted under this paragraph and the 

25 report under paragraph (3). 


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1 SEC. 30. CODIFICATION OF FINAL RULE. 

2 The amendments to the Code of Federal Regulations 

3 made pursuant to the final rule of the Environmental Pro4 tection Agency, titled ‘‘Oil and Natural Gas Sector: Emis5 sion Standards for New, Reconstructed, and Modified 

6 Sources’’ and published in the Federal Register on June 3, 

7 2016 (81 Fed. Reg. 35824), shall have the same force and 

8 effect of law as if such amendments had been enacted by 

9 an Act of Congress, except that the Administrator of the 

10 Environmental Protection Agency may revise such regula11 tions, as provided for under the Clean Air Act, if such revi12 sion would result in a reduction in gas release. 

13 SEC. 31. THREATENING SAFE OPERATIONS OF PIPELINE IN14 FRASTRUCTURE. 

15 Section 60123 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(e) PENALTY FOR THREATENING THE SAFE OPER18 ATIONS OF PIPELINE INFRASTRUCTURE.— 

19 ‘‘(1) IN GENERAL.—A person knowingly and 

20 willfully engaging in the unauthorized turning or 

21 manipulation of a valve of any pipeline facility de22 scribed in subsection (b) shall be fined under title 18, 

23 imprisoned for not more than 5 years, or both. 

24 ‘‘(2) RULE OF STATUTORY CONSTRUCTION.— 

25 Nothing in this subsection abridges the exercise of 


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1 rights guaranteed under the First Amendment to the 

2 Constitution of the United States.’’. 

3 SEC. 32. PENALTY FOR CAUSING A DEFECT IN PIPELINE IN4 FRASTRUCTURE UNDER CONSTRUCTION. 

5 Section 60123 of title 49, United States Code, is fur6 ther amended by adding at the end the following: 

7 ‘‘(f) PENALTY FOR CAUSING A DEFECT IN PIPELINE

8 INFRASTRUCTURE UNDER CONSTRUCTION.— 

9 ‘‘(1) IN GENERAL.—A person knowingly and 

10 willfully causing a defect in a pipe, pump, or valve 

11 intended to be used in any pipeline facility described 

12 in subsection (b) that would affect the integrity or 

13 safe operation of any such facility shall be fined 

14 under title 18, imprisoned for not more than 5 years, 

15 or both. 

16 ‘‘(2) RULE OF STATUTORY CONSTRUCTION.— 

17 Nothing in this subsection abridges the exercise of 

18 rights guaranteed under the First Amendment to the 

19 Constitution of the United States.’’. 

20 SEC. 33. USE OF A FIREARM TO DAMAGE PIPELINE INFRA21 STRUCTURE UNDER CONSTRUCTION. 

22 Section 60123 of title 49, United States Code, is fur23 ther amended by adding at the end the following: 

24 ‘‘(g) PENALTY FOR USING A FIREARM TO DAMAGE

25 PIPELINE INFRASTRUCTURE UNDER CONSTRUCTION.— 


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1 ‘‘(1) IN GENERAL.—A person knowingly and 

2 willfully using a firearm to puncture or damage a 

3 pipe, pump, or valve intended to be used in any pipe4 line facility described in subsection (b) shall be fined 

5 under title 18, imprisoned for not more than 5 years, 

6 or both. 

7 ‘‘(2) RULE OF STATUTORY CONSTRUCTION.— 

8 Nothing in this subsection abridges the exercise of 

9 rights guaranteed under the First Amendment to the 

10 Constitution of the United States.’’. 

11 SEC. 34. PIPELINE SAFETY VOLUNTARY INFORMATION12 SHARING SYSTEM. 

13 (a) IN GENERAL.—Chapter 601 of title 49, United 

14 States Code, is further amended by adding at the end the 

15 following: 

16 ‘‘§ 60146. Voluntary information-sharing system 

17 ‘‘(a) ESTABLISHMENT.— 

18 ‘‘(1) IN GENERAL.—Subject to the availability of 

19 funds, the Secretary may establish a confidential and 

20 nonpunitive voluntary information-sharing system 

21 (referred to in this section as the ‘System’) to encour22 age collaborative efforts to improve inspection infor23 mation feedback and information sharing, with the 

24 purpose of improving natural gas transmission and 

25 hazardous liquid pipeline safety. 


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1 ‘‘(2) COMPONENTS.—The System— 

2 ‘‘(A) shall include pipeline integrity risk 

3 analysis information; and 

4 ‘‘(B) may include other information relat5 ing to reducing pipeline incidents, such as— 

6 ‘‘(i) lessons learned from accidents and 

7 near misses; 

8 ‘‘(ii) process improvements; 

9 ‘‘(iii) technology deployments; and 

10 ‘‘(iv) other voluntary information11 sharing systems. 

12 ‘‘(3) REQUIREMENT.—The System shall protect 

13 proprietary information while encouraging the ex14 change of data, including in-line inspection and dig 

15 verification data, among operators, tool vendors, and 

16 the representatives of the Secretary to facilitate the 

17 development of— 

18 ‘‘(A) advanced pipeline-inspection tech19 nologies; and 

20 ‘‘(B) enhanced risk analysis. 

21 ‘‘(4) CONSULTATION.—If appropriate, the Sec22 retary may involve other public and private stake23 holders in establishing and maintaining the System. 

24 ‘‘(b) DATA MANAGER.—In carrying out this section, 

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1 mental entity to receive, store, manage, and provide for the 

2 use of— 

3 ‘‘(1) system data; and 

4 ‘‘(2) information submitted to the System. 

5 ‘‘(c) LIMITATION ON DISCLOSURE.— 

6 ‘‘(1) APPLICABILITY OF FOIA.—Any part of any 

7 record (including, but not limited to an analysis by 

8 a pipeline operator of the safety risks of the pipeline 

9 operator and a statement of the mitigation measures 

10 identified by the pipeline operator to address those 

11 risks) provided to the Secretary and retained in the 

12 System is exempt from the requirements of section 

13 552 of title 5, and specifically exempt from release 

14 under subsection (b)(3) of that section, if the record 

15 is— 

16 ‘‘(A) supplied to the Secretary for purposes 

17 of the System; or 

18 ‘‘(B) made available for inspection and 

19 copying by an officer, employee, or agent of the 

20 Secretary for purposes of the System. 

21 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

22 (1), the Secretary in consultation with the informa23 tion owner, may disclose deidentified material or any 

24 part of any record comprised of facts otherwise avail25 able to the public if, in the sole discretion of the SecVerDate Sep 11 2014 22:22 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H5120.RH H5120

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1 retary, the Secretary determines that disclosure would 

2 be consistent with the confidentiality needed for the 

3 System and improve pipeline safety. 

4 ‘‘(d) EXCLUDED EVIDENCE.—Except as provided in 

5 subsection (f), any data or information submitted to or 

6 stored, managed, analyzed, or produced by the System shall 

7 not be used— 

8 ‘‘(1) as evidence for any purpose in any Federal, 

9 State, local, Tribal, or private litigation, including 

10 any action or proceeding; or 

11 ‘‘(2) to support any corrective action relating to 

12 a probable violation under this chapter (including 

13 any regulation promulgated or order issued under 

14 this chapter). 

15 ‘‘(e) EXCLUSION FROM DISCOVERY.—Except as pro16 vided in subsection (f), any data or information submitted 

17 to or stored, managed, analyzed, or produced by the System 

18 shall not be subject to discovery in any Federal, State, local, 

19 Tribal, or private litigation or other proceeding. 

20 ‘‘(f) LIMITATIONS ON EXCLUSION.—The exclusions de21 scribed in subsections (d) and (e) shall not apply to— 

22 ‘‘(1) evidence of a knowing and willful violation; 

23 ‘‘(2) a reportable release under sections 191.7 or 

24 195.50 of title 49, Code of Federal Regulations (or a 

25 successor regulation); 


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1 ‘‘(3) a safety-related condition under sections 

2 191.7 or 195.55 of title 49, Code of Federal Regula3 tions (or a successor regulation); or 

4 ‘‘(4) data or information obtained by the Sec5 retary independently of the System. 

6 ‘‘(g) GOVERNING BOARD.—Not later than 180 days 

7 after the date of enactment of this section, the Adminis8 trator shall establish a governing board co-chaired by the 

9 Administrator and a representative of the pipeline industry 

10 to— 

11 ‘‘(1) govern the System through consensus of the 

12 board and co-chairs; 

13 ‘‘(2) develop governance documents and oversee 

14 their enforcement; and 

15 ‘‘(3) establish and appoint members of issue 

16 analysis teams; 

17 ‘‘(h) CONFIDENTIALITY.—No person, including any 

18 System governing board member, program manager, third19 party data manager, issue analysis team member, nor any 

20 Federal, State, local or tribal agency, having or obtaining 

21 access to any data or information submitted to, stored, 

22 managed, analyzed or produced by the System, shall release 

23 or communicate that information to any person outside the 

24 System, with the sole exception being the publication of re25 ports by the System based on analysis of de-identified inforVerDate Sep 11 2014 22:22 Dec 17, 2020 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H5120.RH H5120

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1 mation and safety related findings that the System gov2 erning board in its sole discretion determines to publish or 

3 authorize the Administration to publish. 

4 ‘‘(i) VOLUNTARY PARTICIPATION.—No person may be 

5 compelled to participate in or submit data or information 

6 to the System. 

7 ‘‘(j) SUSTAINABLE FUNDING.—The Secretary shall ex8 plore sustainable funding sources for the System, including 

9 public-private partnerships. 

10 ‘‘(k) EFFECT.—Nothing in this section affects any Fed11 eral or State pipeline safety law. 

12 ‘‘(l) LIMITATION ON FUNDING.—The Secretary may 

13 expend not more than $1,000,000 for each of the fiscal years 

14 2020 through 2024 to establish the System. 

15 ‘‘(m) SAVINGS CLAUSE.—Notwithstanding the protec16 tions provided under this section, no pipeline operator may 

17 use the submission of information to the System as protec18 tion against enforcement actions or corrective orders that 

19 are based on information or evidence obtained outside of 

20 the System.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections for 

22 chapter 601 of title 49, United States Code, is further 

23 amended by adding at the end the following: 

‘‘60146.Voluntary information-sharing system.’’. 


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Union Calendar No. 545 

116TH CONGRESS 

2D SESSION H. R. 5120 

[Report No. 116–661, Part I] 

A BILL 

To amend title 49, United States Code, to provide 

pipeline transportation, and for other purposes. enhanced safety and environmental protection in 

DECEMBER 17, 2020 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

DECEMBER 17, 2020 

Committee on Energy and Commerce discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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