I 

118TH CONGRESS 

2D SESSION H. R. 7655 

To amend title 49, United States Code, to improve the safety of pipeline 

transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2024 

Mr. DUNCAN 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 

A BILL 

To amend title 49, United States Code, to improve the 

safety of pipeline transportation, and for other purposes. 

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) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pipeline Safety, Modernization, and Expansion Act of 

6 2024’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7655 IH

Sec. 3. Minimum safety standards. 

Sec. 4. Regulation of carbon dioxide pipeline facilities. 

Sec. 5. Purpose and general authority. 

Sec. 6. Eliminating hazardous natural gas leaks. 

Sec. 7. Technical safety standards committees. 

Sec. 8. Opportunity for formal hearing. 

Sec. 9. Special permit program. 

Sec. 10. Strengthening penalties for pipeline safety violations. 

Sec. 11. Authorization levels. 

Sec. 12. Maximum allowable operating pressure. 

Sec. 13. Pipeline safety enhancement programs. 

Sec. 14. Pipeline safety voluntary information-sharing system. 

Sec. 15. Excavation damage prevention. 

Sec. 16. Protecting fuel choice for consumers. 

Sec. 17. Modernizing and expanding pipelines. 

Sec. 18. Regulatory updates. 

Sec. 19. Class location changes. 

Sec. 20. Inspection of in-service breakout tanks. 

Sec. 21. Liquefied natural gas regulatory coordination. 

Sec. 22. Hydrogen study. 

1 SEC. 2. DEFINITIONS. 

2 Section 60101(a)(21)(B) of title 49, United States 

3 Code, is amended to read as follows: 

4 ‘‘(B) does not include— 

5 ‘‘(i) gathering gas (except through 

6 regulated gathering lines) in a rural area 

7 outside a populated area designated by the 

8 Secretary as a nonrural area; or 

9 ‘‘(ii) moving gas through a piping sys10 tem for a purpose that directly supports 

11 the operations of an onshore production, 

12 refining, or manufacturing facility, includ13 ing for use as fuel or feedstock, if the pip14 ing system is— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7655 IH

1 ‘‘(I) an in-plant piping system 

2 that is located entirely within the 

3 boundary of the facility; or 

4 ‘‘(II) a transfer piping system 

5 that extends less than one mile in 

6 length outside the boundaries of the 

7 facility;’’. 

8 SEC. 3. MINIMUM SAFETY STANDARDS. 

9 Section 60102(b) of title 49, United States Code, is 

10 amended— 

11 (1) in paragraph (2)— 

12 (A) in subparagraph (D), by striking ‘‘ben13 efits’’ and inserting ‘‘safety and economic bene14 fits within the United States’’; and 

15 (B) in subparagraph (E), by inserting 

16 ‘‘within the United States’’ after ‘‘costs’’; 

17 (2) in paragraph (3)(B), by striking ‘‘benefits’’ 

18 and inserting ‘‘safety and economic benefits within 

19 the United States’’; and 

20 (3) in paragraph (5)— 

21 (A) by inserting ‘‘explicitly’’ before ‘‘re22 quired’’; 

23 (B) by inserting ‘‘, economic,’’ after ‘‘safe24 ty’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 7655 IH

1 (C) by inserting ‘‘within the United 

2 States’’ after ‘‘environmental benefits’’. 

3 SEC. 4. REGULATION OF CARBON DIOXIDE PIPELINE FA4 CILITIES. 

5 (a) FACILITY OPERATION INFORMATION STAND6 ARDS.—Section 60102(d)(5) of title 49, United States 

7 Code is amended— 

8 (1) in subparagraph (B), by striking ‘‘; and’’; 

9 and 

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

11 ‘‘(D) for pipelines transporting carbon di12 oxide, actions and procedures for leak detection 

13 and for coordination, communications, and 

14 alerts specific to responding to and containing 

15 a release from such a pipeline; and’’. 

16 (b) CARBON DIOXIDE REGULATION.— 

17 (1) RULEMAKINGS REQUIRED.— 

18 (A) TRANSPORTATION IN LIQUID STATE.— 

19 Not later than one year after the date of enact20 ment of this Act, the Secretary of Transpor21 tation shall issue a final rule to carry out sec22 tion 60102(i)(1) of title 49, United States 

23 Code; and 

24 (B) TRANSPORTATION IN GASEOUS

25 STATE.—Not later than one year after the date 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 7655 IH

1 of enactment of this Act, the Secretary of 

2 Transportation shall issue a final rule to carry 

3 out section 60102(i)(2) of title 49, United 

4 States Code. 

5 (2) TRANSPORTATION IN GASEOUS STATE.— 

6 Section 60102(i)(2)(B) of title 49, United States 

7 Code, is amended by striking ‘‘consider whether ap8 plying the minimum safety standards in part 195 of 

9 title 49, Code of Federal Regulations, as in effect on 

10 the date of enactment of this paragraph, for the 

11 transportation of carbon dioxide in a liquid state to 

12 the transportation of carbon dioxide in a gaseous 

13 state would ensure safety’’ and inserting ‘‘apply the 

14 minimum safety standards in part 195 of title 49, 

15 Code of Federal Regulations, as appropriate’’. 

16 (3) CONSIDERATIONS; DISPERSION MOD17 ELING.—Section 60102(i) of title 49, United States 

18 Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(4) CONSIDERATIONS.—In prescribing stand21 ards under this subsection, the Secretary shall con22 sider public input and the adoption of industry con23 sensus standards regarding the safe transportation 

24 of carbon dioxide. 

25 ‘‘(5) DISPERSION MODELING.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 7655 IH

1 ‘‘(A) SAFETY STANDARDS.—In prescribing 

2 standards under this subsection, the Secretary 

3 shall prescribe minimum safety standards to re4 quire each operator of a pipeline facility by 

5 which carbon dioxide is transported to perform 

6 vapor dispersion modeling to identify high con7 sequence areas (as defined in section 195.450 

8 of title 49, Code of Federal Regulations, and 

9 paragraph (7)(I)(A) of Appendix C to part 195 

10 of such title (or a successor regulation)) that 

11 could be affected by a release from such a pipe12 line facility. 

13 ‘‘(B) CONSIDERATIONS.—In performing 

14 vapor dispersion modeling pursuant to subpara15 graph (A), operators of a pipeline facility by 

16 which carbon dioxide is transported shall con17 sider— 

18 ‘‘(i) the topography surrounding the 

19 pipeline facility; 

20 ‘‘(ii) atmospheric conditions that 

21 could affect vapor dispersion; 

22 ‘‘(iii) pipeline facility operating char23 acteristics; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 7655 IH

1 ‘‘(iv) additional substances present in 

2 the pipeline facility that could affect vapor 

3 dispersion. 

4 ‘‘(C) MAINTENANCE OF FILES.—The Sec5 retary shall require each operator of a pipeline 

6 facility by which carbon dioxide is transported 

7 to maintain records documenting the areas that 

8 could affect high consequence areas, as deter9 mined using the vapor dispersion modeling re10 quired pursuant to subparagraph (A), in the 

11 manual of written procedures for operating, 

12 maintaining, and handling emergencies for such 

13 pipeline facility. 

14 ‘‘(D) PROTECTION OF SENSITIVE INFOR15 MATION.—In responding to a public request for 

16 information regarding vapor dispersion mod17 eling performed pursuant to this paragraph, the 

18 Secretary may, taking into account public safe19 ty, security, and the need for public access, ex20 clude from disclosure (as the Secretary deter21 mines appropriate)— 

22 ‘‘(i) security-sensitive information re23 lated to strategies for responding to worst24 case carbon dioxide release scenarios; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 7655 IH

1 ‘‘(ii) security-sensitive information re2 lated to carbon dioxide release plumes; and 

3 ‘‘(iii) security-sensitive information re4 lated to plans for responding to a carbon 

5 dioxide release. 

6 ‘‘(E) STATUTORY CONSTRUCTION.—Noth7 ing in this paragraph may be construed to re8 quire disclosure of information or records that 

9 are exempt from disclosure under section 552 

10 of title 5.’’. 

11 (c) UNDERGROUND SEQUESTRATION OF CARBON DI12 OXIDE.—Section 40306 of the Infrastructure Investment 

13 and Jobs Act (42 U.S.C. 300h–9) is amended by adding 

14 at the end the following: 

15 ‘‘(d) UNDERGROUND SEQUESTRATION OF CARBON

16 DIOXIDE.— 

17 ‘‘(1) IN GENERAL.—Effective immediately upon 

18 the date of enactment of this subsection, owners or 

19 operators may request that the Administrator issue 

20 an aquifer exemption for a Class VI well. In addi21 tion, owners or operators of Class II wells may re22 quest that the Administrator approve an expansion 

23 to the areal extent of an aquifer exemption already 

24 in place for a Class II well for the purpose of Class 

25 VI injection for geologic sequestration. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 7655 IH

1 ‘‘(2) DESIGNATIONS.—In considering a request 

2 under paragraph (1), the Administrator shall des3 ignate an aquifer or portion thereof an exempted aq4 uifer, as defined in section 144.3 of title 40, Code 

5 of Federal Regulations (or successor regulations), if 

6 it meets the criteria set forth in paragraphs (a) 

7 through (c) of section 146.4 of title 40, Code of 

8 Federal Regulations, as in effect on the date of en9 actment of this subsection. In addition, an aquifer or 

10 portion thereof shall be considered an exempted aq11 uifer for Class VI wells if the Administrator has des12 ignated that aquifer or portion thereof an exempted 

13 aquifer for any other purpose. 

14 ‘‘(3) RULEMAKING.—The Administrator shall 

15 revise section 144.7 and section 146.4 of title 40, 

16 Code of Federal Regulations, to conform with this 

17 subsection.’’. 

18 SEC. 5. PURPOSE AND GENERAL AUTHORITY. 

19 (a) WORKER AND PUBLIC SAFETY ZONES.—Section 

20 60102 of title 49, United States Code, is amended by add21 ing at the end the following: 

22 ‘‘(u) WORKER AND PUBLIC SAFETY ZONES.— 

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

24 the date of enactment of this subsection, the Sec25 retary shall prescribe a safety standard requiring 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 7655 IH

1 each owner or operator of a pipeline facility to estab2 lish a worker and public safety zone at the location 

3 of any construction, replacement, or repair of the 

4 pipeline facility, within which only persons author5 ized by the owner or operator of the pipeline facility, 

6 including contractors and subcontractors, shall be 

7 permitted. 

8 ‘‘(2) REQUIREMENTS.—In carrying out para9 graph (1), the Secretary shall include requirements 

10 that the owner or operator of a pipeline facility— 

11 ‘‘(A) ensure that— 

12 ‘‘(i) a worker and public safety zone is 

13 in place at all times beginning on the date 

14 on which the construction, replacement, or 

15 repair of the pipeline facility commences 

16 and ending on the date on which such con17 struction, replacement, or repair is com18 pleted; and 

19 ‘‘(ii) the worker and public safety 

20 zone includes any areas associated with 

21 such construction, replacement, or repair 

22 that are reasonably necessary for such ac23 tivities to be carried out; and 

24 ‘‘(B) post a notice at an appropriate loca25 tion at or near the boundary of the worker and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 7655 IH

1 public safety zone to increase public awareness 

2 and minimize potential hazards of the zone. 

3 ‘‘(3) SCOPE.—The standards prescribed under 

4 this subsection shall not apply to any pipeline facil5 ity used in local distribution of gas or hazardous liq6 uid, an intrastate gas pipeline facility, or an intra7 state hazardous liquid pipeline facility. 

8 ‘‘(4) CIVIL PENALTY.— 

9 ‘‘(A) IN GENERAL.—Any unauthorized in10 dividual entering a worker and public safety 

11 zone established pursuant to this subsection 

12 shall be liable to the United States for a civil 

13 penalty for each violation. 

14 ‘‘(B) AMOUNT.—The Secretary shall deter15 mine the amount of such penalty using the con16 siderations under section 60122(b). 

17 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

18 this subsection may be construed to authorize the 

19 use of eminent domain.’’. 

20 (b) ALTERNATIVE TECHNOLOGIES.—Section 60102 

21 of title 49, United States Code, is further amended by 

22 adding at the end the following: 

23 ‘‘(v) ALTERNATIVE TECHNOLOGIES.— 

24 ‘‘(1) REQUESTS FOR COMMENTS.—Not later 

25 than 1 year after the date of enactment of this subVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 7655 IH

1 section, and every 5 years thereafter, the Secretary 

2 shall issue a request for comments to identify any 

3 potential alternative technology that— 

4 ‘‘(A) is commercially available; and 

5 ‘‘(B) if used by the operator of a pipeline 

6 facility, will provide a level of safety that is 

7 equal to, or greater than, that provided by a 

8 safety standard prescribed under this chapter. 

9 ‘‘(2) EVALUATIONS AND PROPOSED RULES.— 

10 Not later than 2 years after a request for comments 

11 is issued under paragraph (1), the Secretary shall— 

12 ‘‘(A) evaluate the alternative technologies 

13 identified pursuant to such request; 

14 ‘‘(B) determine whether any such alter15 native technologies meet the requirements of 

16 subparagraphs (A) and (B) of such paragraph; 

17 and 

18 ‘‘(C) with respect to each alternative tech19 nology the Secretary determines meets such re20 quirements, issue a proposed rule authorizing 

21 operators of pipeline facilities to comply with 

22 the applicable safety standard through the use 

23 of such alternative technology. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 7655 IH

1 ‘‘(3) FINAL RULES.—Not later than 1 year 

2 after issuing a proposed rule under paragraph (2), 

3 the Secretary shall finalize such rule. 

4 ‘‘(4) LIMITATION.—The Secretary may not, in 

5 a final rule issued under paragraph (3), require an 

6 operator of a pipeline facility to comply with a safety 

7 standard through the use of an alternative tech8 nology identified under this subsection.’’. 

9 SEC. 6. ELIMINATING HAZARDOUS NATURAL GAS LEAKS. 

10 Section 60108(a)(2) of title 49, United States Code, 

11 is amended— 

12 (1) in subparagraph (D)(ii)— 

13 (A) by inserting ‘‘with respect to gas pipe14 line facilities,’’ before ‘‘eliminating’’; 

15 (B) by inserting ‘‘natural gas’’ before 

16 ‘‘leaks’’; and 

17 (C) by inserting ‘‘such gas’’ after ‘‘natural 

18 gas from’’; and 

19 (2) in subparagraph (E)— 

20 (A) by inserting ‘‘if applicable,’’ before 

21 ‘‘the extent’’; 

22 (B) by striking ‘‘pipelines’’ and inserting 

23 ‘‘gas pipeline facilities’’; and 

24 (C) by striking ‘‘of the pipeline’’ and in25 serting ‘‘of the gas pipeline facility’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 7655 IH

1 SEC. 7. TECHNICAL SAFETY STANDARDS COMMITTEES. 

2 Section 60115 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (c)— 

5 (A) in paragraph (2), by inserting ‘‘in ac6 cordance with paragraph (4)’’ after ‘‘the Sec7 retary shall publish the reasons’’; and 

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

9 ‘‘(4) The Secretary shall, not later than 15 days after 

10 prescribing a standard under paragraph (3) with respect 

11 to which a committee has prepared a report under para12 graph (2), submit to the Committees on Energy and Com13 merce and Transportation and Infrastructure of the 

14 House of Representatives, and the Committee on Com15 merce, Science, and Transportation of the Senate, and 

16 make publicly available, a report regarding the reasons the 

17 Secretary rejected any conclusions of the committee.’’; and 

18 (2) in subsection (e), by striking ‘‘up to 4 

19 times’’ and inserting ‘‘2 times’’. 

20 SEC. 8. OPPORTUNITY FOR FORMAL HEARING. 

21 (a) ENFORCEMENT PROCEDURES.—Section 

22 60117(b)(1) of title 49, United States Code, is amended— 

23 (1) in subparagraph (I), by striking ‘‘and’’ at 

24 the end; 

25 (2) in subparagraph (J), by striking the period 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 7655 IH

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

2 ‘‘(K) in the case of an enforcement matter 

3 relating to a notice of a probable violation, pro4 vide an opportunity for a formal hearing de5 scribed in paragraph (2)(B).’’. 

6 (b) PROTOCOLS FOR PUBLIC HEARING.—Not later 

7 than 1 year after the date of enactment of this Act, the 

8 Secretary of Transportation shall publish protocols for 

9 hearings open to the public pursuant to section 

10 60117(b)(2) of title 49, United States Code, that ensure 

11 an orderly process and protection of confidential informa12 tion, in accordance with section 554 of title 5, United 

13 States Code. 

14 SEC. 9. SPECIAL PERMIT PROGRAM. 

15 (a) COMPLIANCE AND WAIVERS.—Section 

16 60118(c)(1) of title 49, United States Code, is amended 

17 by adding at the end the following: 

18 ‘‘(C) LIMITATION ON TERMS.—The Sec19 retary shall impose no terms on a waiver under 

20 this paragraph that do not apply to known 

21 pipeline safety risks applicable to the standard 

22 being waived under subparagraph (A). 

23 ‘‘(D) PUBLICATION.—Upon completion of 

24 the application requirements under section 

25 190.341 of title 49, Code of Federal RegulaVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 7655 IH

1 tions, or successor regulations, the Secretary 

2 shall publish notice of the application in the 

3 Federal Register. 

4 ‘‘(E) REVIEW OF APPLICATION.—The Sec5 retary shall complete a review of each such ap6 plication not later than 18 months after pub7 lishing a notice in the Federal Register de8 scribed in subparagraph (D) with respect to the 

9 application.’’. 

10 (b) REPORT TO CONGRESS.— 

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

12 the date of enactment of this Act, the Secretary of 

13 Transportation shall submit to the Committees on 

14 Energy and Commerce and Transportation and In15 frastructure of the House of Representatives and the 

16 Committee on Commerce, Science, and Transpor17 tation of the Senate a report on the implementation 

18 by the Administrator of the Pipeline and Hazardous 

19 Materials Safety Administration of the amendment 

20 made by subsection (a). 

21 (2) CONTENTS.—The report required under 

22 paragraph (1) shall include— 

23 (A) a listing of each special permit applica24 tion applied for under section 60118(c)(1) of 

25 title 49, United States Code; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 7655 IH

1 (B) a brief summary of the purpose of 

2 each such special permit; 

3 (C) the date on which each such applica4 tion was received; 

5 (D) the date on which each such applica6 tion was completed or, in the absence of com7 pletion, the status of the application; 

8 (E) the date on which the Secretary issued 

9 a determination on the application; and 

10 (F) the explanation of the Secretary for 

11 any decision made outside the review period 

12 identified in section 60118(c)(1)(E) of title 49, 

13 United States Code, if applicable. 

14 (c) GAO REPORT.—Not later than 1 year after the 

15 submission of the report under subsection (b), the Comp16 troller General of the United States shall submit to the 

17 Committees on Energy and Commerce and Transportation 

18 and Infrastructure of the House of Representatives and 

19 the Committee on Commerce, Science, and Transportation 

20 of the Senate a report assessing the Secretary’s implemen21 tation of, and compliance with, subparagraphs (C) 

22 through (E) of section 60118(c)(1) of title 49, United 

23 States Code. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 7655 IH

1 SEC. 10. STRENGTHENING PENALTIES FOR PIPELINE SAFE2 TY VIOLATIONS. 

3 Section 60123(b) of title 49, United States Code, is 

4 amended— 

5 (1) by striking ‘‘damaging or destroying’’ and 

6 inserting ‘‘damaging, destroying, or impairing the 

7 operation of’’; and 

8 (2) by inserting ‘‘damaging or destroying such 

9 a facility under construction and intended to be op10 erated as such a facility on completion of the con11 struction,’’ before ‘‘or attempting’’. 

12 SEC. 11. AUTHORIZATION LEVELS. 

13 Section 60125 of title 49, United States Code, is 

14 amended— 

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

18 ‘‘(1) IN GENERAL.—From fees collected under 

19 section 60301, there are authorized to be appro20 priated to the Secretary to carry out section 12 of 

21 the Pipeline Safety Improvement Act of 2002 (49 

22 U.S.C. 60101 note; Public Law 107–355) and the 

23 provisions of this chapter relating to gas and haz24 ardous liquid $150,000,000 for each of fiscal years 

25 2024 through 2028, of which— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 7655 IH

1 ‘‘(A) $9,000,000 shall be used to carry out 

2 section 12 of the Pipeline Safety Improvement 

3 Act of 2002 (49 U.S.C. 60101 note; Public Law 

4 107–355); and 

5 ‘‘(B) $75,000,000 shall be used for making 

6 grants. 

7 ‘‘(2) TRUST FUND AMOUNTS.—In addition to 

8 the amounts authorized to be appropriated under 

9 paragraph (1), there are authorized to be appro10 priated from the Oil Spill Liability Trust Fund es11 tablished by section 9509(a) of the Internal Revenue 

12 Code of 1986 to carry out section 12 of the Pipeline 

13 Safety Improvement Act of 2002 (49 U.S.C. 60101 

14 note; Public Law 107–355) and the provisions of 

15 this chapter relating to hazardous liquid 

16 $28,000,000 for each of fiscal years 2024 through 

17 2028, of which— 

18 ‘‘(A) $3,000,000 shall be used to carry out 

19 section 12 of the Pipeline Safety Improvement 

20 Act of 2002 (49 U.S.C. 60101 note; Public Law 

21 107–355); and 

22 ‘‘(B) $13,000,000 shall be used for making 

23 grants. 

24 ‘‘(3) UNDERGROUND NATURAL GAS STORAGE

25 FACILITY SAFETY ACCOUNT.—From fees collected 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 7655 IH

1 under section 60302, there is authorized to be ap2 propriated to the Secretary to carry out section 

3 60141 $8,000,000 for each of fiscal years 2024 

4 through 2028.’’; and 

5 (2) in subsection (b)(2), by striking ‘‘2021 

6 through 2023’’ and inserting ‘‘2024 through 2028’’. 

7 SEC. 12. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

8 Section 60139 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (c)(1)(A) by inserting ‘‘except 

11 as provided in subsection (e),’’ before ‘‘require’’; 

12 (2) by redesignating subsection (e) as sub13 section (f); and 

14 (3) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) TESTING RECORDS WORKING GROUP.— 

17 ‘‘(1) PREVIOUSLY TESTED GAS PIPELINE FA18 CILITIES.—Until the publication of a final rule 

19 under paragraph (3), the Secretary shall not require 

20 an owner or operator of a gas pipeline facility to re21 confirm the maximum allowable operating pressure 

22 of a transmission line of the gas pipeline facility 

23 pursuant to section 192.624 of title 49, Code of 

24 Federal Regulations (or any successor regulations), 

25 if the owner or operator confirms the material 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 7655 IH

1 strength of the transmission line through prior test2 ing that is— 

3 ‘‘(A) conducted to a sufficient minimum 

4 pressure in accordance with prevailing safety 

5 standards and practices, including any applica6 ble class location factors; and 

7 ‘‘(B) documented in contemporaneous 

8 records. 

9 ‘‘(2) WORKING GROUP REPORT.— 

10 ‘‘(A) IN GENERAL.—Not later than 30 

11 days after the date of enactment of the Pipeline 

12 Safety, Modernization, and Expansion Act of 

13 2024, the Secretary shall create a balanced 

14 working group (hereinafter referred to as the 

15 ‘Working Group’) to prepare a report on prior 

16 testing described in paragraph (1), including 

17 recommendations on documentation of such 

18 prior testing that is sufficient to confirm the 

19 material strength of transmission lines of gas 

20 pipeline facilities. 

21 ‘‘(B) COMPOSITION OF WORKING GROUP.— 

22 The Working Group— 

23 ‘‘(i) shall be comprised of the Admin24 istrator of the Pipeline and Hazardous Ma25 terials Safety Administration, State pipeVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 7655 IH

1 line regulators, the public, and industry 

2 stakeholders active in the operation of 

3 transmission lines of gas pipeline facilities; 

4 and 

5 ‘‘(ii) may include members of the 

6 Technical Pipeline Safety Standards Com7 mittee and be conducted in a manner that 

8 otherwise ensures input from the public, as 

9 determined appropriate by the Secretary. 

10 ‘‘(C) CONSIDERATION.—In preparing the 

11 report required under subparagraph (A), the 

12 Working Group— 

13 ‘‘(i) shall consider historical practices 

14 and all available research conducted re15 garding contemporaneous records of the 

16 minimum pressure of transmission lines of 

17 gas pipeline facilities; and 

18 ‘‘(ii) may consider the need for any 

19 additional research or analysis needed to 

20 demonstrate the adequacy of any material 

21 strength testing performed. 

22 ‘‘(D) APPLICABILITY OF FACA.—Chapter 

23 10 of title 5 shall not apply to the Working 

24 Group. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 7655 IH

1 ‘‘(E) SUBMISSION OF REPORT.—Not later 

2 than 180 days after the date of enactment of 

3 the Pipeline Safety, Modernization, and Expan4 sion Act of 2024, the Working Group shall sub5 mit to the Secretary the report prepared under 

6 subparagraph (A), including any minority 

7 views. 

8 ‘‘(3) RULEMAKING.—Not later than 180 days 

9 after receiving the report submitted under para10 graph (2)(E), the Secretary shall publish a final rule 

11 to implement the recommendations contained in 

12 such report that the Secretary determines are nec13 essary to confirm the material strength of trans14 mission lines of gas pipeline facilities through prior 

15 testing.’’. 

16 SEC. 13. PIPELINE SAFETY ENHANCEMENT PROGRAMS. 

17 Section 60142 of title 49, United States Code, is 

18 amended— 

19 (1) in subsection (a), by striking ‘‘The Sec20 retary may’’ and inserting ‘‘During the period of cal21 endar years 2024 through 2030, the Secretary 

22 shall’’; 

23 (2) in subsection (b), by striking paragraphs 

24 (1) and (2) and inserting the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 7655 IH

1 ‘‘(1) IN GENERAL.—Testing programs estab2 lished under subsection (a) may not exceed— 

3 ‘‘(A) 5 percent of the total miles of haz4 ardous liquid pipelines in the United States; 

5 and 

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

7 gas pipelines in the United States. 

8 ‘‘(2) OPERATOR MILEAGE LIMITATION.—The 

9 Secretary shall limit the miles of pipelines that each 

10 operator can test under each program established 

11 under subsection (a) to the lesser of— 

12 ‘‘(A) 50 percent of the total miles of pipe13 lines in the system of the operator; or 

14 ‘‘(B) 1,000 miles.’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1), by striking ‘‘3 

17 years’’ and inserting ‘‘4 years’’; and 

18 (B) in paragraph (2), by striking ‘‘3 years 

19 after the date of enactment of this section’’ and 

20 inserting ‘‘3 years after the date of enactment 

21 of the Pipeline Safety, Modernization, and Ex22 pansion Act of 2024’’; 

23 (4) in subsection (d)— 

24 (A) in paragraph (1), by inserting ‘‘equal 

25 to or’’ before ‘‘greater than’’; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 7655 IH

1 (B) in paragraph (2)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘under subparagraph (A) of section 

4 60118(c)(1)’’ and inserting ‘‘waiving com5 pliance with any part of an applicable 

6 standard prescribed under this chapter’’; 

7 (ii) in subparagraph (B), by striking 

8 ‘‘pertain only to those regulations that 

9 would otherwise prevent the use of the 

10 safety technology to be tested under the 

11 testing program’’ and inserting ‘‘require no 

12 further conditions beyond compliance with 

13 this section’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(C) APPLICABILITY OF SECTION

17 60118(C)(1) WAIVER PROCESS.—The process to 

18 waive compliance with any part of an applicable 

19 standard prescribed under this chapter under 

20 subparagraph (A) of this paragraph shall be 

21 separate from the process under subparagraph 

22 (A) of section 60118(c)(1) and the Secretary 

23 may not require a testing program applicant to 

24 use the process or otherwise meet the require25 ments under section 60118(c)(1) (including any 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 7655 IH

1 regulations issued thereunder) in order for an 

2 order waiving compliance with any part of an 

3 applicable standard prescribed under this chap4 ter to be issued under subparagraph (A) of this 

5 paragraph.’’; and 

6 (C) in paragraph (3)— 

7 (i) in the heading, by striking ‘‘IN8 CREASED SAFETY CAPABILITIES’’ and in9 serting ‘‘PIPELINE SAFETY ENHANCE10 MENT’’; and 

11 (ii) by striking ‘‘improvement’’ and in12 serting ‘‘enhancement’’; 

13 (5) by striking subsection (h); 

14 (6) by redesignating subsections (f) and (g) as 

15 subsections (g) and (h), respectively; 

16 (7) by adding the following after subsection (e): 

17 ‘‘(f) MULTIPLE OPERATORS.—The Secretary may se18 lect up to 5 owners or operators under a single application 

19 for participation in a testing program to be carried out 

20 under subsection (a).’’; 

21 (8) in subsection (i)(2)(B), by striking ‘‘30 

22 days’’ and inserting ‘‘10 days’’; and 

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

24 ‘‘(m) APPROVAL PROCESS.—The Secretary estab25 lishing and carrying out a testing program under subVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 7655 IH

1 section (a) may not be considered a major Federal action 

2 under section 102(2)(C) of the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 

4 ‘‘(n) PROHIBITION.—In establishing and carrying out 

5 a testing program under subsection (a), the Secretary may 

6 not enforce any requirement not described in this sec7 tion.’’. 

8 SEC. 14. PIPELINE SAFETY VOLUNTARY INFORMATION9 SHARING SYSTEM. 

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

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 60144. Voluntary information-sharing system 

14 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab15 lish a confidential voluntary information-sharing system, 

16 in accordance with the recommendations provided under 

17 section 10 of the PIPES Act of 2016, that— 

18 ‘‘(1) is a comprehensive, systematic, and inte19 grated structure for— 

20 ‘‘(A) gathering, evaluating, and quanti21 fying critical pipeline safety data and informa22 tion; and 

23 ‘‘(B) sharing recommended remediation 

24 measures and lessons learned across the pipeVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 7655 IH

1 line industry in an efficient and confidential 

2 manner; 

3 ‘‘(2) will encourage the voluntary sharing of 

4 pipeline safety data and information to improve the 

5 safety of pipeline facilities; and 

6 ‘‘(3) may not be used in relation to the enforce7 ment of requirements under this chapter. 

8 ‘‘(b) GOVERNANCE.— 

9 ‘‘(1) GOVERNING BOARD.— 

10 ‘‘(A) ESTABLISHMENT.—Not later than 

11 180 days after the date of enactment of the 

12 Pipeline Safety, Modernization, and Expansion 

13 Act of 2024, the Administrator of the Pipeline 

14 and Hazardous Materials Safety Administration 

15 shall appoint a governing board for the VIS in 

16 accordance with this paragraph, after con17 sulting with public and private pipeline safety 

18 stakeholders. 

19 ‘‘(B) COMPOSITION OF THE BOARD.—The 

20 governing board shall be comprised of 15 mem21 bers and shall represent a balanced cross-sec22 tion of pipeline safety stakeholders as follows: 

23 ‘‘(i) 5 individuals shall be representa24 tives of departments, agencies, or instru25 mentalities of the Federal Government and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 7655 IH

1 of the States and territories, one of which 

2 shall be the Administrator. 

3 ‘‘(ii) 5 individuals shall be representa4 tives of the gas or hazardous liquid indus5 tries, such as operators, trade associations, 

6 inspection technology, coating, and ca7 thodic protection vendors, and pipeline in8 spection organizations. 

9 ‘‘(iii) 5 individuals shall be represent10 atives of general public safety advocacy or11 ganizations, such as pipeline safety and en12 vironmental advocacy groups, labor and 

13 worker safety representatives, and the gen14 eral public. 

15 ‘‘(C) BOARD TERMS.—Each member of the 

16 governing board shall be appointed for three 

17 years, with the terms of five of the members ex18 piring each year. The term of at least one and 

19 not more than two members of each of the 

20 three stakeholder groups established in sub21 paragraph (B) shall expire each year. In the 

22 initial appointment, terms of one, two, and 

23 three years shall be established to allow the 

24 terms of five members to expire thereafter each 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 7655 IH

1 year. Each member may be reappointed for con2 secutive three-year terms. 

3 ‘‘(D) CO-CHAIRS.—The governing board 

4 shall be co-chaired by the Administrator, who 

5 shall appoint as co-chairs, with advice and con6 sent of the governing board, a member ap7 pointed under each of clauses (ii) and (iii) of 

8 subparagraph (B). The co-chairs shall be jointly 

9 responsible for organizing and conducting meet10 ings of the governing board. 

11 ‘‘(E) AUTHORITY.—The governing board 

12 shall make decisions by a super-majority, de13 fined as two-thirds plus one of the governing 

14 board members, and shall have the authority 

15 to— 

16 ‘‘(i) govern and provide strategic over17 sight of the VIS; 

18 ‘‘(ii) develop and make public govern19 ance documents, including a charter that 

20 describes the scope of the authority and 

21 objectives of the governing board; 

22 ‘‘(iii) select a third-party data man23 ager with expertise in data protection, ag24 gregation, and analytics; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 7655 IH

1 ‘‘(iv) approve the criteria and proce2 dures governing how the third-party data 

3 manager will receive, secure, and accept 

4 for inclusion in the VIS pipeline safety 

5 data and information; 

6 ‘‘(v) establish and appoint members to 

7 the issue analysis teams; 

8 ‘‘(vi) collaborate with the issue anal9 ysis teams to— 

10 ‘‘(I) identify the issues and topics 

11 to be analyzed by the issue analysis 

12 teams; and 

13 ‘‘(II) specify the type of pipeline 

14 safety data and information that the 

15 issue analysis teams need to analyze 

16 such issues and topics; 

17 ‘‘(vii) determine the information to be 

18 accepted for inclusion in, and shared using, 

19 the VIS; 

20 ‘‘(viii) determine the reports to be ac21 cepted for inclusion in, and shared using, 

22 the VIS; 

23 ‘‘(ix) determine which participating 

24 entities are authorized to access informa25 tion and reports included in the VIS; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 7655 IH

1 ‘‘(x) at least once per year, issue a 

2 public report on VIS processes, member3 ship of the governing board, issues being 

4 investigated and analyzed, pipeline safety 

5 data and information that the VIS has re6 quested for submission to the VIS, and 

7 safety trends identified; and 

8 ‘‘(xi) perform other functions as the 

9 governing board decides are necessary or 

10 appropriate, consistent with the purpose of 

11 the VIS. 

12 ‘‘(F) FEDERAL ADVISORY COMMITTEE ACT

13 INAPPLICABLE.—The governing board shall not 

14 be subject to the requirements of chapter 10 of 

15 title 5, United States Code. 

16 ‘‘(2) PROGRAM MANAGEMENT.—The Adminis17 trator shall provide program management and ad18 ministrative support for the VIS, including oversight 

19 of the third-party data manager. 

20 ‘‘(3) THIRD-PARTY DATA MANAGER.—The 

21 third-party data manager selected by the governing 

22 board shall provide data management and data over23 sight services for the VIS, including— 

24 ‘‘(A) receiving and securing pipeline safety 

25 data and information submitted to the VIS; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 7655 IH

1 ‘‘(B) accepting for inclusion in the VIS 

2 such pipeline safety data and information that 

3 meets the criteria and procedures established by 

4 the governing board under paragraph 

5 (1)(E)(iv); 

6 ‘‘(C) deidentifying, storing, and managing 

7 pipeline safety data and information that is ac8 cepted for inclusion in the VIS; 

9 ‘‘(D) collaborating with the issue analysis 

10 teams to analyze and aggregate pipeline safety 

11 data and information that is accepted for inclu12 sion in the VIS; 

13 ‘‘(E) preparing reports as requested by the 

14 governing board regarding the type of pipeline 

15 safety data and information that is included in 

16 the VIS; and 

17 ‘‘(F) making recommendations to the gov18 erning board regarding the management of 

19 pipeline safety data and information, as appro20 priate. 

21 ‘‘(4) ISSUE ANALYSIS TEAMS.—The issue anal22 ysis teams established by the governing board 

23 shall— 

24 ‘‘(A) consist of technical and subject mat25 ter experts; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 7655 IH

1 ‘‘(B) work with the third-party data man2 ager to aggregate and analyze pipeline safety 

3 data and information submitted to the VIS that 

4 is related to issues and topics identified by the 

5 governing board; and 

6 ‘‘(C) collaborate with the governing board 

7 to identify issues and topics for analysis and 

8 submit internal reports and recommendations to 

9 the governing board on the identified issues and 

10 topics. 

11 ‘‘(5) PARTICIPATION.— 

12 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

13 person shall be required to participate in or 

14 submit data or information for inclusion in the 

15 VIS. 

16 ‘‘(B) PROHIBITION.—The criteria and pro17 cedures established under paragraph (1)(E)(iv) 

18 shall prohibit the acceptance of data or infor19 mation about an operator if the operator has 

20 not authorized the submission of the data or in21 formation. 

22 ‘‘(C) SHARING OF INFORMATION.—The 

23 governing board shall encourage the voluntary 

24 sharing of pipeline safety data and information 

25 among participating entities. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 7655 IH

1 ‘‘(c) INFORMATION SHARING.—Pipeline safety data 

2 and information accepted for inclusion in the VIS shall 

3 be related to the issues and topics identified by the gov4 erning board to be analyzed by the issue analysis teams, 

5 including— 

6 ‘‘(1) pipeline integrity risk analysis information; 

7 ‘‘(2) lessons learned from accidents and near 

8 misses; 

9 ‘‘(3) process improvements; 

10 ‘‘(4) technology deployment practices; 

11 ‘‘(5) information obtained through VIS pipeline 

12 safety surveys of pipeline operator employees, pro13 vided that such surveys are voluntarily agreed to by 

14 the pipeline operator; and 

15 ‘‘(6) pipeline safety data and information that 

16 may lead to the identification of pipeline safety 

17 risks, as determined by the governing board. 

18 ‘‘(d) CONFIDENTIALITY.— 

19 ‘‘(1) NONPUBLIC INFORMATION.—To facilitate 

20 the sharing of otherwise nonpublic pipeline safety 

21 data and information in the VIS, nonpublic informa22 tion accepted for inclusion in the VIS shall be kept 

23 confidential, except as provided in paragraph (2). 

24 ‘‘(2) DEIDENTIFIED NONPUBLIC INFORMA25 TION.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 7655 IH

1 ‘‘(A) SAFETY.—The governing board may 

2 approve the disclosure of deidentified nonpublic 

3 information through the VIS, or by the Admin4 istrator of the Pipeline and Hazardous Mate5 rials Safety Administration, that the governing 

6 board in its sole discretion determines is appro7 priate to disclose to improve pipeline safety, 

8 based on analysis of the deidentified informa9 tion and any safety findings or recommenda10 tions. 

11 ‘‘(B) REPORTS.—The governing board, in 

12 issuing public reports under subsection 

13 (b)(1)(E)(x), shall approve the disclosure of 

14 deidentified nonpublic information through the 

15 VIS that the governing board determines is nec16 essary to adequately describe and illustrate the 

17 issues and topics being investigated and ana18 lyzed using the VIS. 

19 ‘‘(3) PROHIBITION.—Except as provided in 

20 paragraph (2), no person, including any governing 

21 board member, the third-party data manager, any 

22 issue analysis team member, nor any Federal, State, 

23 local, or Tribal agency, having or obtaining access to 

24 nonpublic information accepted for inclusion in the 

25 VIS, shall release or communicate such nonpublic inVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 7655 IH

1 formation, in either an identified or deidentified 

2 form, to any person the governing board has not au3 thorized to access such information. 

4 ‘‘(e) APPLICABILITY OF FOIA.—Any nonpublic infor5 mation that is accepted for inclusion in the VIS and subse6 quently obtained by the Secretary or the Administrator 

7 from the VIS is exempt from the requirements of section 

8 552 of title 5, and specifically exempt from release under 

9 subsection (b)(3) of such section. 

10 ‘‘(f) EXCLUSIONS.— 

11 ‘‘(1) EXCLUDED EVIDENCE.—Except as pro12 vided in paragraph (3), nonpublic information ac13 cepted for inclusion in the VIS shall not be obtained 

14 from the VIS— 

15 ‘‘(A) for use as evidence for any purpose in 

16 any Federal, State, local, Tribal, or private liti17 gation, including any action or proceeding; or 

18 ‘‘(B) to initiate any enforcement action or 

19 civil litigation against a pipeline operator or its 

20 employees or contractors relating to a probable 

21 violation under this chapter (including any reg22 ulation promulgated or order issued under this 

23 chapter). 

24 ‘‘(2) EXCLUSION FROM DISCOVERY.—Except as 

25 provided in paragraph (3), nonpublic information acVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 7655 IH

1 cepted for inclusion in the VIS shall not be subject 

2 to discovery from the VIS in any Federal, State, 

3 local, Tribal, or private litigation or other pro4 ceeding. 

5 ‘‘(3) LIMITATIONS ON EXCLUSIONS.—The ex6 clusions described in paragraphs (1) and (2) shall 

7 not apply to— 

8 ‘‘(A) data or information that is evidence 

9 of a criminal violation; 

10 ‘‘(B) data or information not related to the 

11 activities described in subsection (a)(1) for 

12 which the VIS is established; 

13 ‘‘(C) data or information otherwise re14 quired to be reported to the Secretary under 

15 part 191 (including information about an inci16 dent or accident), part 192, part 194, part 195, 

17 or part 199 of title 49, Code of Federal Regula18 tions (or a successor regulation) or required to 

19 be reported under the requirements of a State 

20 authority; or 

21 ‘‘(D) data or information developed or ob22 tained from a source other than the VIS. 

23 ‘‘(g) NO EFFECT ON DISCOVERY.— 

24 ‘‘(1) IN GENERAL.—Nothing in this section, nor 

25 any rule, regulation, or amendment shall be conVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 7655 IH

1 strued to create a defense to a discovery request or 

2 otherwise limit or affect the discovery of pipeline 

3 safety data and information arising from a cause of 

4 action authorized under any under Federal, State, or 

5 local law. 

6 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

7 apply to exclusions from discovery from the VIS as 

8 described in subsection (f)(2). 

9 ‘‘(h) REPORTING.—Not later than the end of each fis10 cal year, the Secretary shall submit to Congress a report 

11 on the status of the VIS. 

12 ‘‘(i) DEFINITIONS.—In this section: 

13 ‘‘(1) NONPUBLIC INFORMATION.—The term 

14 ‘nonpublic information’ means any data or informa15 tion, regardless of form or format, that a company 

16 does not disclose, disseminate, or make available to 

17 the public or that is not otherwise in the public do18 main. 

19 ‘‘(2) PARTICIPATING ENTITY.—The term ‘par20 ticipating entity’ means an entity determined appro21 priate by the Secretary to submit information for in22 clusion in the VIS, or to be authorized to access in23 formation and reports included in the VIS, includ24 ing— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 7655 IH

1 ‘‘(A) an operator of a pipeline facility, and 

2 related employees, labor unions, contractors, in3 line inspection service providers, and non4 destructive evaluation experts; 

5 ‘‘(B) the Pipeline and Hazardous Materials 

6 Safety Administration; and 

7 ‘‘(C) a representative of a State pipeline 

8 safety agency, a Tribal agency, a pipeline safety 

9 advocacy group, a manufacturer of materials or 

10 equipment used in pipeline facilities, a research 

11 or academic institution, and other pipeline 

12 stakeholders. 

13 ‘‘(3) PUBLIC INFORMATION.—The term ‘public 

14 information’ means any data or information, regard15 less of form or format, that a company discloses, 

16 disseminates, or makes available to the public or 

17 that is otherwise in the public domain. 

18 ‘‘(4) VIS.—The term ‘VIS’ means the vol19 untary information-sharing system established under 

20 subsection (a).’’. 

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

22 for chapter 601 of title 49, United States Code, is amend23 ed by adding at the end the following: 

‘‘60144.Voluntary information-sharing system.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 7655 IH

1 SEC. 15. EXCAVATION DAMAGE PREVENTION. 

2 (a) GRANTS TO STATES.—Section 6106 of title 49, 

3 United States Code, is amended— 

4 (1) in subsection (b) by inserting ‘‘adoption or 

5 progress toward adoption of the leading practices 

6 listed in subsection (b) and’’ before ‘‘legislative and 

7 regulatory’’; 

8 (2) by redesignating subsections (b) and (c) as 

9 subsections (d) and (e), respectively; 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) LEADING PRACTICES.—Each State shall adopt 

13 as a part of its State one-call notification program leading 

14 practices that— 

15 ‘‘(1) identify the size and scope of a one-call 

16 ticket for standard locate requests, including process 

17 exceptions for special large project tickets; 

18 ‘‘(2) restrict the longevity of a one-call ticket 

19 for standard locate requests, which may include 

20 process exceptions for special large project tickets; 

21 ‘‘(3) examine and limit exemptions to the State 

22 one-call notification program to prevent common ex23 cavation damage incidents, including limiting exemp24 tions for— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 7655 IH

1 ‘‘(A) excavation or demolition performed 

2 by the owner of a single-family residential prop3 erty; 

4 ‘‘(B) any excavation of 18 inches or less 

5 when maintenance activities are performed; 

6 ‘‘(C) repairing, connecting, adjusting, or 

7 conducting routine maintenance of a private or 

8 public underground utility facility; and 

9 ‘‘(D) municipalities, public works organiza10 tions, and State departments of transportation 

11 for road maintenance; 

12 ‘‘(4) specify tolerance zone horizontal dimen13 sions and requirements for hand-dig, hydro, vacuum 

14 excavation, and other nonintrusive methods; 

15 ‘‘(5) specify emergency excavation notification 

16 requirements, including defining emergency exca17 vation and identifying the notification requirements 

18 for an emergency excavation; 

19 ‘‘(6) specify the responsibilities of the exca20 vator, including the reporting of damages due to ex21 cavation activities; 

22 ‘‘(7) define who is an excavator and what is 

23 considered excavation; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 7655 IH

1 ‘‘(8) require the use of white lining or electronic 

2 white lining, allowing for exceptions for special large 

3 project tickets; 

4 ‘‘(9) require a positive response, meaning the 

5 utility, municipality, or other entity marks the area 

6 of excavation in positive response to the notification 

7 center and the excavator confirms a positive re8 sponse before beginning excavation; 

9 ‘‘(10) require newly installed underground fa10 cilities to be locatable; 

11 ‘‘(11) require the marking of lines and laterals, 

12 including sewer lines and laterals; 

13 ‘‘(12) require training programs and require14 ments for third-party excavators performing exca15 vation activities that are not subject to pipeline con16 struction requirements under part 192 or part 195 

17 of title 49, Code of Federal Regulations (or any suc18 cessor regulations); 

19 ‘‘(13) require training for locate professionals; 

20 and 

21 ‘‘(14) encourage the use of commercially avail22 able technologies to locate underground facilities, 

23 such as geographic information systems and en24 hanced positive response. 

25 ‘‘(c) REPORT TO CONGRESS.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 7655 IH

1 ‘‘(1) INITIAL REPORT.—Not later than 3 years 

2 after the date of enactment of the Pipeline Safety, 

3 Modernization, and Expansion Act of 2024, the Sec4 retary shall submit to the Committees on Energy 

5 and Commerce and Transportation and Infrastruc6 ture of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of 

8 the Senate a report detailing— 

9 ‘‘(A) the adoption of the leading practices 

10 described in such subsection; 

11 ‘‘(B) recommendations to increase the 

12 adoption of such leading practices and rec13 ommendations for the reduction of excavation 

14 damage incidents; and 

15 ‘‘(C) the number of underground facility 

16 damages per 1,000 one-call tickets in each 

17 State for the reporting year. 

18 ‘‘(2) ADDITIONAL REPORTS.—Not later than 

19 once every 2 years beginning after the submittal of 

20 the report under paragraph (1), the Secretary shall 

21 submit to the Committees on Energy and Commerce 

22 and Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a report 

25 detailing— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 7655 IH

1 ‘‘(A) the adoption of the leading practices 

2 described in subsection (b); 

3 ‘‘(B) recommendations to increase the 

4 adoption of such leading practices and rec5 ommendations for the reduction of excavation 

6 damage incidents; and 

7 ‘‘(C) the number of underground facility 

8 damages per 1,000 one-call tickets in each state 

9 for each year covered by the report.’’; and 

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

11 ‘‘(f) SAVINGS CLAUSE.—This section shall not af12 fect— 

13 ‘‘(1) the eligibility of a State or State authority 

14 for a grant or payment under section 60107 or 

15 60134; 

16 ‘‘(2) the requirements of section 60105 with re17 spect to certifications under such section; or 

18 ‘‘(3) the requirements of section 60106 with re19 spect to agreements under such section.’’. 

20 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec21 tion 60134(c) of title 49, United States Code, is amend22 ed— 

23 (1) by striking ‘‘In making grants’’ and insert24 ing the following: 

25 ‘‘(1) IN GENERAL.—In making grants’’; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•HR 7655 IH

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

2 ‘‘(2) CONSIDERATIONS.—In evaluating criteria 

3 for determining the effectiveness of the damage pre4 vention program of a State, the Secretary shall con5 sider whether the State has, at a minimum— 

6 ‘‘(A) effective, active, and consistent en7 forcement of the State one-call notification pro8 gram, as such term is defined in section 6102, 

9 (including consistency in the application of en10 forcement resources, fines, and penalties to all 

11 relevant stakeholders, such as operators, loca12 tors, and excavators); 

13 ‘‘(B) data reporting requirements, includ14 ing— 

15 ‘‘(i) to the local one-call center for ex16 cavation damage events on pipelines and 

17 other underground facilities, that are not 

18 privately owned, including (if available at 

19 the time of reporting)— 

20 ‘‘(I) information about the nature 

21 of the incident, including the facility 

22 damaged and the apparent cause of 

23 such damage (with supporting docu24 mentation); 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•HR 7655 IH

1 ‘‘(II) the organizations or entities 

2 involved; 

3 ‘‘(III) the impact to public safe4 ty, utility operations, and customer 

5 service; and 

6 ‘‘(IV) the impact to the environ7 ment; and 

8 ‘‘(ii) to a nationally focused nonprofit 

9 organization specifically established for the 

10 purpose of reducing construction-related 

11 damages to pipelines and other under12 ground facilities, of damages and near13 miss events to pipelines and other under14 ground facilities from excavation damages, 

15 including potential contributing factors, fa16 cility damaged, type of excavator, work 

17 performed, equipment type, and State; and 

18 ‘‘(C) performance measures to determine 

19 the effectiveness of excavation damage preven20 tion efforts.’’. 

21 SEC. 16. PROTECTING FUEL CHOICE FOR CONSUMERS. 

22 Notwithstanding the first sentence of section 

23 60104(c)(1) of title 49, United States Code, a State or 

24 municipality may not adopt or continue in force a law, 

25 regulation, or standard that has the effect, directly or indiVerDate Sep 11 2014 04:04 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H7655.IH H7655

kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•HR 7655 IH

1 rectly, of limiting or prohibiting the transportation or dis2 tribution for sale or resale of an energy source that is sold 

3 in interstate commerce and transported using a pipeline 

4 facility (as defined in section 60101 of such title). 

5 SEC. 17. MODERNIZING AND EXPANDING PIPELINES. 

6 (a) IN GENERAL.—The Commission may, if re7 quested under subsection (b), issue a Federal authoriza8 tion under this section for— 

9 (1) any construction, modification, expansion, 

10 inspection, repair, or maintenance under chapter 

11 601 of title 49, United States Code, of any pipeline 

12 facility that is constructed, or for which construction 

13 has commenced, prior to the date of enactment of 

14 this Act; or 

15 (2) the construction, modification, expansion, 

16 inspection, repair, or maintenance of pipeline facility 

17 that has not been constructed, or for which con18 struction has not commenced, prior to such date of 

19 enactment, that is to be co-located within the bound20 ary of a pipeline or electrical right-of-way that exists 

21 as of such date of enactment. 

22 (b) REQUEST FOR ISSUANCE.—A person who has 

23 filed for a Federal authorization from a relevant permit24 ting entity may request that the Commission issue the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•HR 7655 IH

1 Federal authorization under this section if the relevant 

2 permitting entity— 

3 (1) notifies the person and the Commission that 

4 it waives its authority to issue the Federal author5 ization; or 

6 (2) does not complete a proceeding that is re7 quired for the Federal authorization by the date that 

8 is 1 year after the date on which the person filed for 

9 the Federal authorization. 

10 (c) ISSUANCE.— 

11 (1) REQUIREMENTS.—Pursuant to a request 

12 under subsection (b), the Commission— 

13 (A) shall consider the request and publish 

14 a decision whether to issue the Federal author15 ization under this section; and 

16 (B) may issue a Federal authorization 

17 under this section only after notice and oppor18 tunity for a hearing and in accordance with the 

19 Federal law under which the Federal authoriza20 tion is required. 

21 (2) EFFECT.—A Federal authorization issued 

22 under this section shall be deemed to have been 

23 issued under the Federal law under which the Fed24 eral authorization is required. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•HR 7655 IH

1 (d) RULEMAKING.—Not later than 180 days after the 

2 date of enactment of this Act, the Commission shall issue 

3 a final rule establishing procedures to carry out this sec4 tion (which may not include any changes to any regulatory 

5 requirement in effect on the date of enactment of this Act 

6 relating to any authority of the Commission under any 

7 other provision of law). 

8 (e) DEFINITIONS.—In this section: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Energy Regulatory Commission. 

11 (2) FEDERAL AUTHORIZATION.—The term 

12 ‘‘Federal authorization’’ means any authorization re13 quired under Federal law in connection with an ap14 plication for the construction, modification, expan15 sion, inspection, repair, or maintenance of a pipeline 

16 facility, including a permit, special use authoriza17 tion, certification, opinion, or other approval (includ18 ing a any authorization required pursuant to a gen19 eral permit). 

20 (3) PIPELINE FACILITY.—The term ‘‘pipeline 

21 facility’’ has the meaning given that term in section 

22 60101 of title 49, United States Code. 

23 (4) RELEVANT PERMITTING ENTITY.—The 

24 term ‘‘relevant permitting entity’’ means, with re25 spect to a Federal authorization— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•HR 7655 IH

1 (A) the Federal agency with statutory au2 thority to issue the Federal authorization; or 

3 (B) a State in which the applicable pipeline 

4 facility is to be constructed, modified, or ex5 panded, to which authority to issue the Federal 

6 authorization has been delegated by the Federal 

7 agency described in subparagraph (A). 

8 SEC. 18. REGULATORY UPDATES. 

9 (a) REPORTS.— 

10 (1) IN GENERAL.—The Secretary of Transpor11 tation shall submit reports to the Committees on 

12 Energy and Commerce and Transportation and In13 frastructure of the House of Representatives and the 

14 Committee on Commerce, Science, and Transpor15 tation of the Senate regarding the status of a final 

16 rule for each outstanding regulation. 

17 (2) DEADLINES.—The Secretary shall submit a 

18 report under this subsection not later than 120 days 

19 after the date of enactment of this Act, and every 

20 90 days thereafter until a final rule has been issued 

21 for each outstanding regulation described in sub22 section (c)(2)(A). 

23 (b) CONTENTS.—The Secretary shall include in each 

24 report submitted under subsection (a)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•HR 7655 IH

1 (1) a description of the work plan for each out2 standing regulation; 

3 (2) an updated rulemaking timeline for each 

4 outstanding regulation; 

5 (3) current staff allocations with respect to 

6 each outstanding regulation; 

7 (4) any resource constraints affecting the rule8 making process for each outstanding regulation; and 

9 (5) any other details associated with the devel10 opment of each outstanding regulation that affect 

11 the progress of the rulemaking process. 

12 (c) OUTSTANDING REGULATION DEFINED.—In this 

13 section, the term ‘‘outstanding regulation’’ means a regu14 lation relating to pipeline safety— 

15 (1) for which no final rule, including an interim 

16 final rule or direct final rule, has been issued; and 

17 (2) that— 

18 (A) is required under any law for which 

19 more than 2 years have passed since the statu20 tory deadline for the regulation; or 

21 (B) is being developed under an authority 

22 not described in subparagraph (A), and is con23 sidered to be a significant regulatory action 

24 under Executive Order 12866. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•HR 7655 IH

1 SEC. 19. CLASS LOCATION CHANGES. 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Secretary of Transportation shall issue a 

4 final rule amending the safety standards for class location 

5 changes in parts 191 and 192 of title 49, Code of Federal 

6 Regulations, based on the notice of proposed rulemaking 

7 published by the Pipeline and Hazardous Materials Safety 

8 Administration on October 14, 2020, titled ‘‘Pipeline Safe9 ty: Class Location Change Requirements’’ (85 Fed. Reg. 

10 65142), including consideration of all documents in Dock11 et No. PHMSA–2017–0151. 

12 SEC. 20. INSPECTION OF IN-SERVICE BREAKOUT TANKS. 

13 (a) INSPECTION OF IN-SERVICE BREAKOUT

14 TANKS.—Not later than 1 year after the date of enact15 ment of this Act, the Secretary of Transportation shall— 

16 (1) review the safety standards in part 195 of 

17 title 49, Code of Federal Regulations, relating to the 

18 internal inspection of the bottoms of in-service 

19 breakout tanks; and 

20 (2) amend such safety standards to allow for 

21 risk-based inspections if the Secretary determines 

22 that allowing risk-based inspections will achieve an 

23 equivalent level of safety to the level of safety re24 quired under such part 195, relating to the internal 

25 inspection of the bottoms of in-service breakout 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•HR 7655 IH

1 tanks, as in effect on the date of enactment of this 

2 Act. 

3 (b) CONSIDERATION.—In amending the safety stand4 ards under subsection (a), the Secretary shall consider the 

5 5th edition of standard 653 published by the American 

6 Petroleum Institute issued in November 2014 titled 

7 ‘‘Tank Inspection, Repair, Alteration, and Reconstruc8 tion’’. 

9 SEC. 21. LIQUEFIED NATURAL GAS REGULATORY COORDI10 NATION. 

11 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

12 of Transportation shall establish and convene a Liquefied 

13 Natural Gas Regulatory Safety Working Group through 

14 the National Center of Excellence for Liquefied Natural 

15 Gas Safety to clarify the authority of covered agencies in 

16 the authorizing and oversight of LNG facilities, other than 

17 peak shaving facilities, and improve coordination of the 

18 authority of such agencies. 

19 (b) MEMBERSHIP.— 

20 (1) IN GENERAL.—The Working Group shall 

21 consist of representatives of covered agencies des22 ignated by the Secretary of Transportation or the 

23 head of a covered agency. 

24 (2) CHAIR.—The Administrator of the Pipeline 

25 and Hazardous Materials Safety Administration, or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•HR 7655 IH

1 a designee of the Administrator, shall serve as the 

2 Chair of the Working Group, unless another member 

3 of the Working Group is selected by unanimous con4 sent of the members of the Working Group. 

5 (3) RESPONSIBILITIES OF CHAIR.—The Chair 

6 of the Working Group shall establish an agenda and 

7 schedule for the Working Group to accomplish the 

8 requirements described in subsection (c). 

9 (c) EVALUATION.— 

10 (1) IN GENERAL.—The Working Group shall 

11 evaluate the authorities of each covered agency per12 taining to the siting and design, construction, oper13 ation and maintenance, and operational and process 

14 safety regulations of LNG facilities. 

15 (2) NEGOTIATION.—The Working Group shall 

16 negotiate the terms of agreements or memorandums 

17 between each covered agency pursuant to subsection 

18 (d) to establish procedures for— 

19 (A) the application of the respective au20 thorities of each Federal agency in a manner 

21 that ensures, through effective regulation, that 

22 LNG facilities are safe and in the public inter23 est; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•HR 7655 IH

1 (B) resolving conflicts concerning overlap2 ping jurisdiction among the covered agencies; 

3 and 

4 (C) avoiding, to the extent possible and if 

5 appropriate, conflicting or duplicative regula6 tion, inspection protocols, and reporting obliga7 tions between the covered agencies. 

8 (d) INTERAGENCY AGREEMENTS AND MEMORAN9 DUMS OF UNDERSTANDING.—Not later than 2 years after 

10 the date of enactment of this Act, the covered agencies 

11 shall enter into interagency agreements or memorandums 

12 of understanding with respect to best practices and indi13 vidual agency safety oversight and enforcement respon14 sibilities regarding LNG facilities, other than peak shav15 ing facilities. 

16 (e) REPORT TO CONGRESS.—Not later than 1 year 

17 after the date on which the covered agencies enter into 

18 agreements or memorandums under subsection (d), the 

19 Secretary of Transportation shall submit to the Com20 mittee on Energy and Commerce and the Committee on 

21 Transportation and Infrastructure of the House of Rep22 resentatives and the Committee on Commerce, Science, 

23 and Transportation of the Senate a report on such agree24 ments or memorandums entered into and how such agree25 ments or memorandums have contributed to the improved 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•HR 7655 IH

1 safety and enforcement oversight coordination of LNG fa2 cilities. 

3 (f) DEFINITIONS.—In this section: 

4 (1) COVERED AGENCY.—The term ‘‘covered 

5 agency’’ means each of the following: 

6 (A) The Pipeline and Hazardous Materials 

7 Safety Administration. 

8 (B) The Federal Energy Regulatory Com9 mission. 

10 (C) The Department of Energy. 

11 (D) The Occupational Safety and Health 

12 Administration. 

13 (E) The Coast Guard. 

14 (2) LNG.—The term ‘‘LNG’’ means liquefied 

15 natural gas. 

16 (3) WORKING GROUP.—The term ‘‘Working 

17 Group’’ means the Liquefied Natural Gas Regu18 latory Safety Working Group established under sub19 section (a). 

20 SEC. 22. HYDROGEN STUDY. 

21 (a) IN GENERAL.—The Comptroller General of the 

22 United States shall conduct a study on existing gas pipe23 line facilities that transport a gas blend, containing great24 er than 5 percent hydrogen by volume, to identify the 

25 changes that operators have implemented to such gas 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•HR 7655 IH

1 pipeline facilities in order to transport such a gas blend 

2 safely. 

3 (b) ADDITIONAL CONTENTS.—The study under sub4 section (a) shall include— 

5 (1) an identification of any technical challenges 

6 with repurposing existing natural gas pipeline infra7 structure to allow such natural gas pipeline infra8 structure to be used for distributing gas blends de9 scribed in subsection (a); and 

10 (2) an examination of the changes made by 

11 international operators to gas pipeline facilities to 

12 transport gas blends described in subsection (a) 

13 safely, including changes made to pipeline facilities 

14 in the United Kingdom, Canada, Europe, Australia, 

15 and Hong Kong. 

16 (c) CONSIDERATIONS.—In conducting the study 

17 under subsection (a), the Comptroller General shall con18 sider— 

19 (1) changes that domestic and international op20 erators of gas pipeline facilities have implemented to 

21 safely transport a gas blend described in subsection 

22 (a), including changes to odorants and leak-detection 

23 methods, pipeline materials, metering, and oper24 ational standards used by such operators to account 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
59 

•HR 7655 IH

1 for the operation and integrity of gas pipeline facili2 ties; and 

3 (2) how such operators have taken into account 

4 the effect of transporting a gas blend described in 

5 subsection (a) on gas pipeline facility infrastructure, 

6 including— 

7 (A) gas pipeline facility materials, includ8 ing cast iron, steel, composite pipe, and plastic 

9 pipe; and 

10 (B) components of a gas pipeline facility, 

11 including valves and meters. 

12 (d) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the Comptroller General shall 

14 submit to the Committee on Energy and Commerce and 

15 the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate a report 

18 on the results of the study conducted under subsection (a). 

19 (e) RULEMAKING.—The Secretary of Transportation 

20 may consider the results of the study under subsection (a) 

21 in issuing any final rule related to the transportation of 

22 a gas blend that contains greater than 5 percent hydrogen 

23 by volume. 

24 (f) STATUTORY CONSTRUCTION.—Nothing in this 

25 section shall be construed to prohibit or otherwise limit 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
60 

•HR 7655 IH

1 the authority of the Secretary of Transportation to issue 

2 a final rule relating to the transportation of a gas blend 

3 that contains greater than 5 percent hydrogen by volume 

4 prior to the submission of the report under subsection (d). 

5 (g) GAS PIPELINE FACILITY DEFINED.—In this sec6 tion, the term ‘‘gas pipeline facility’’ has the meaning 

7 given such term in section 60101 of title 49, United States 

8 Code. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB