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[Senate Report 112-30]
[From the U.S. Government Publishing Office]

112th Congress 
 1st Session                     SENATE                          Report
                                                                 112-30
_______________________________________________________________________

                                                        Calendar No. 96
 
        PIPELINE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 275

                                     

                  July 7, 2011.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                      one hundred twelfth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
     Brian Hendricks, Republican Staff Director and General Counsel
            Todd Bertoson, Republican Deputy Staff Director
                Rebecca Seidel, Republican Chief Counsel
                                                        Calendar No. 96
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-30

======================================================================

         PIPELINE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2011

                                _______
                                

                  July 7, 2011.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 275]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 275) to amend title 49, United 
States Code, to provide for enhanced safety and environmental 
protection in pipeline transportation, to provide for enhanced 
reliability in the transportation of the Nation's energy 
products by pipeline, and for other purposes, having considered 
the same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

  The Pipeline Transportation Safety Improvement Act of 2011 
(S. 275) would reauthorize Federal pipeline safety programs 
under management of the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) of the U.S. Department of Transportation 
(DOT) for fiscal years (FYs) 2011 through 2014. These programs 
provide safety oversight of the Nation's pipeline 
transportation network.

                          Background and Needs

  The United States has approximately 2,500,000 miles of 
pipelines that transport oil, natural and other gases, and 
other hazardous liquids through both remotely and densely 
populated areas. These pipelines are an integral component of 
the U.S. economy and energy supply, enabling the bulk movement 
of products to industries, communities, and consumers. The 
material transported through pipelines is often flammable or 
toxic and a release could cause public injury or environmental 
damage, so ensuring the safety of our Nation's pipelines is 
essential.
  PHMSA, which was created under the Norman Y. Mineta Research 
and Special Improvements Act of 2004, is the agency within DOT 
that is responsible for safe transportation of natural gas, 
petroleum, and other hazardous liquids by pipeline. The mission 
of PHMSA's Office of Pipeline Safety (OPS) is to ensure 
compliance with Federal safety standards through physical and 
programmatic inspections, safety incident investigations, and 
communication with pipeline operators. PHSMA's enforcement 
actions, which include administrative actions and civil 
penalties, are intended to correct safety violations and 
prevent future problems. PHMSA also promulgates rulemakings as 
needed to improve safety; facilitates research and development 
into better pipeline technologies; trains State and Federal 
pipeline inspectors; and administers grants to States and 
localities for pipeline inspections, damage prevention, and 
emergency response.
  PHMSA's pipeline safety program is funded primarily by user 
fees assessed on a per-mile basis on each regulated pipeline 
operator, but is also funded through the Oil Spill Liability 
Trust Fund which is comprised of an environmental tax on 
petroleum and oil spill damage recovery payments. PHMSA's 
pipeline safety appropriation was $106,200,000 for FYs 2010 and 
2011. The President's FY 2012 budget request includes 
$120,900,000 for pipeline safety. At the end of FY 2011, PHMSA 
employed 206 pipeline safety staff, which includes 103 pipeline 
inspectors. The budget request calls for 225 staff members in 
FY 2012.
  The pipeline transportation system is a complex, 
interconnected network that collects products from sources such 
as wells on land or offshore, or from shipping vessels such as 
tankers that carry oil or liquefied natural gas, and transports 
the product to storage and processing facilities. The network 
is generally comprised of transmission and distribution lines. 
Transmission pipelines transport large quantities over longer 
distances. For example, they deliver natural gas to power 
plants, large industrial customers, and to municipalities for 
further distribution, or deliver crude oil to refineries or 
refined products to markets such as airports or depots, where 
fuel oils and gasoline are loaded into trucks for local 
delivery. Distribution lines are only used as part of natural 
gas systems, and range from main lines that move gas to 
industrial customers down to the smaller service lines that 
connect to businesses and homes throughout a municipality. 
Along these pipelines are pump stations for liquids and 
compressor stations for natural gas, storage and distribution 
facilities, and automated control facilities to manage the 
product movement and maintain safety.
  PHMSA is responsible for overseeing interstate transmission 
pipelines, while the States are responsible for monitoring the 
safety of intrastate pipelines. This State authority is 
delegated by PHMSA to intrastate pipeline safety offices, and 
PHMSA also allows State officials to act as ``agents'' in 
administering interstate pipeline safety programs (excluding 
enforcement actions, which are handled by PHMSA directly) for 
those sections of interstate pipelines within a State's 
boundaries. However, if a State does not assume oversight 
responsibility for its intrastate pipelines, whether they 
transport hazardous liquids, such as oil, or natural gas, the 
responsibility for regulation returns to PHMSA. When 
effectively utilized, State inspectors are valuable resources 
for PHMSA because they are familiar with local pipeline 
operations and can increase inspection thoroughness and 
frequency over what PHMSA itself could accomplish.
  In support of these regulatory responsibilities, PHMSA 
administers grants to States to conduct intrastate gas and 
hazardous liquid pipeline safety programs; monitors performance 
of those State agencies participating in the programs; 
collects, compiles, and analyzes pipeline safety and operating 
data; and conducts training programs for Government and 
industry personnel in the application of the pipeline safety 
regulations. According to a PHMSA estimate, States oversee 90 
percent of the total pipeline mileage, largely as a result of 
the States' authority over local gas distribution lines, which 
provide natural gas to residential or commercial customers.
  Overall, pipelines are a relatively safe mode of 
transportation compared to other modes. Since the Pipeline 
Inspection Protection, Enforcement, and Safety Act of 2006 
(PIPES Act) was enacted in 2006, approximately 40 serious 
pipeline incidents involving a fatality or injury requiring in-
patient hospitalization have occurred annually. Accidental 
pipeline releases result from a variety of causes, including 
third-party excavation (leading cause of accidents), corrosion, 
mechanical failure, control system failure, and operator error.
  Both PHMSA and the National Transportation Safety Board 
(NTSB) have the authority to investigate pipeline accidents. 
The NTSB has 1 pipeline-related item on its most wanted list, 
reducing fatigue, as a result of its accident investigations. 
NTSB also has 10 outstanding recommendations to PHMSA related 
to excess flow valves, transportation and reuse of pipes, 
accident notification and spill estimation standards, and pipe 
inspection methods. NTSB has categorized PHMSA's response as 
acceptable to each of the 10 recommendations.
  The Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) and 
the Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129) 
established a Federal role in pipeline safety. These Acts give 
the DOT Secretary authority to regulate the design, 
construction, testing, operation and maintenance, and emergency 
response for interstate pipelines and facilities. As long as 
they uphold minimum Federal standards, States may impose 
additional standards for intrastate pipelines and facilities.
  Previously, pipeline safety generally focused on the pipeline 
itself, including the physical qualities, supporting systems, 
and the administration of an operator's inspection program. 
Beginning in 1997, PHMSA increasingly utilized integrity 
management programs to oversee pipeline safety. Integrity 
management programs take a broader view than the pipeline 
itself, encompassing the environment as well. Pipeline 
operators are required to know more about the areas their 
pipeline traverses; the nature of the population in the area; 
and the existence of environmentally sensitive areas near the 
pipeline. By focusing on a specific pipeline in a particular 
area, integrity management programs equip PHMSA with a better 
understanding of whether people, property, or the environment 
might be at risk should a pipeline failure occur, and sets 
priorities for inspections, operations, and maintenance as a 
result. Regulations for integrity management of hazardous 
liquid pipelines have been in effect since 2001.
  The Pipeline Safety Improvement Act of 2002 (P.L. 107-355) 
was signed into law in December 2002. The requirement for risk 
analysis and integrity management plans in High Consequence 
Areas, which include population centers, commercially navigable 
waters, and environmentally sensitive areas for natural gas 
pipelines, is found in this law. The integrity management 
programs were required at least every 7 years after the 
baseline assessment. However, pipeline operators argued that 
this was too infrequent in some instances and too costly and 
inefficient in others. In 2006, the Government Accountability 
Office (GAO) recommended that Congress permit pipeline 
operators to reassess their transmission integrity management 
programs at intervals based on risk factors, technical data, 
and engineering analysis. PHMSA concurred with GAO's 
recommendation and submitted a legislative proposal to Congress 
in April 2008 to provide variance from the fixed 7 year 
interval. This Pipeline Safety Improvement Act also increased 
public education regarding pipeline safety through 
implementation of ``one-call'' excavation notification 
programs; authorized the DOT to order safety actions for 
pipelines with potential safety problems; and streamlined the 
permitting process for emergency pipeline restoration by 
establishing an interagency committee to ensure a coordinated 
review of repairs.
  Although PHMSA oversees the construction of new pipelines, 
the siting approval of new gas pipelines is the responsibility 
of the Federal Energy Regulatory Commission. Similarly, PHMSA's 
regulatory role over pipelines is limited to transportation. 
The Occupational Safety and Health Administration regulates 
pipelines inside energy facilities. PHMSA's regulatory 
authority of offshore pipelines is limited as well; it begins 
with the outlet flange or final valve of each offshore 
production facility and runs to the shore. Prior to such point, 
the Coast Guard and the Department of Interior's Minerals 
Management Service have regulatory authority over the pipe. 
Overall, PHMSA has regulatory authority over approximately 40 
percent of offshore pipelines. PHMSA also has regulatory 
authority over oil spill and response plans for onshore 
pipelines.
  Two substantial pipeline accidents in 2010 and another in 
2011 resulted in both significant loss of life and extensive 
environmental damage. On September 9, 2010, a 30-inch diameter 
natural gas transmission pipeline owned by Pacific Gas and 
Electric (PG&E) ruptured in a residential area of San Bruno, 
California. The escaping natural gas was ignited, resulting in 
an explosion and large fireball that killed 8 people and 
destroyed or damaged dozens of homes.
  The explosion created a 167 foot long and 26 foot wide hole 
in the ground. The pipeline--constructed in 1956--had to be 
shut off manually, because the pipeline was not equipped with 
automatic shut off valves. Reports estimated that the valve was 
not closed until 1 hour and 46 minutes after the initial 
explosion, and that escaping natural gas continued to fuel the 
fire. The valves are in a secure location, requiring a key to 
access the area and a handle to move the valve. PG&E has 
indicated that rush hour traffic and the fires themselves 
prevented PG&E employees from accessing the valves immediately. 
Estimated recovery costs from the accident are nearly 
$38,000,000, according to the City of San Bruno.
  On July 26, 2010, Enbridge Energy Partners (EEP) reported to 
the National Response Center that a 30 inch-diameter pipe 
ruptured in an area 1 mile south of Marshall, Michigan and was 
spilling oil into a Talmadge Creek, a tributary of the 
Kalamazoo River. Current estimates indicate the spill released 
more than 1,000,000 gallons of oil. According to the NTSB, EEP 
noted severe drops in pressure at their control room the 
evening of July 25, 2010, but the leak was not confirmed with 
authorities until 1:29 p.m. the next day. The pipeline leaking 
was Enbridge pipeline 6B, which was constructed in 1969 to 
deliver up to 190,000 barrels a day. Investigators are 
currently concentrating on the effects of corrosion along Line 
6B.
  On February 9, 2011, a pipeline exploded in the middle of the 
night underneath a densely populated and urban area of 
Allentown, Pennsylvania. The explosion killed 5 people and 
destroyed or severely damaged 8 row houses. The blast happened 
at 10:45 p.m., but gas flow to the area had to be eliminated 
via manual shut-off valve, and was not shut off until 3:45 a.m. 
the following morning. The incident is currently under 
investigation.

                                HEARINGS

  The Senate Committee on Commerce, Science, and Transportation 
Subcommittee on Surface Transportation and Merchant Marine 
Infrastructure, Safety, and Security held 2 hearings focused on 
pipeline safety oversight in 2010.
  The first hearing was held on June 24, 2010, and focused on 
PHMSA's implementation of the Pipeline Inspection, Protection, 
Enforcement, and Safety Act of 2006 and what Congress could do 
to further increase the safety of the Nation's pipeline network 
in reauthorizing the Federal pipeline safety program. The 
hearing also examined the coordination between Federal, State, 
local, and private parties in responding to and investigating 
pipeline accidents and incidents. Representatives from PHMSA, 
the NTSB, the Association of Oil Pipelines, the Interstate 
Natural Gas Association of America, the American Gas 
Association, and the Pipeline Safety Trust testified.
  The second hearing was held on September 29, 2010, and 
focused on the investigation and implications of the San Bruno, 
California natural gas pipeline accident that occurred on 
Thursday, September 9, 2010. In addition, this hearing focused 
on pipeline safety legislation introduced in the Senate at the 
time of the hearing and how improvements to pipeline safety can 
be made to decrease the risk of accidents such as the San Bruno 
accident and Enbridge Energy Company's crude oil pipeline spill 
near Marshall, Michigan-which released over 1,000,000 gallons 
of oil. Representatives from PHMSA, the NTSB, the California 
Public Utilities Commission, PG&E, the city of San Bruno, and 
the Pipeline Safety Trust testified.

                         Summary of Provisions

  The Pipeline Transportation Safety Improvement Act of 2011 
(PTSI Act) would reauthorize PHMSA, within DOT, for FYs 2011 
through 2014. The pipeline safety programs expired at the end 
of FY 2010 and the PTSI Act includes provisions to enhance 
pipeline safety efforts. These provisions would also address 
safety issues identified in recent high-profile pipeline 
accidents in San Bruno, California and near Marshall, Michigan. 
This legislation is a broad-based reauthorization that targets 
known vulnerabilities and outstanding issues in pipeline 
regulation. Specifically, the legislation would:

           Increase the cap on civil penalties for 
        violators of pipeline regulations, and add civil 
        penalties for obstructing investigations;

           Permit expansion of excess flow valve 
        requirements to include multi-family buildings and 
        small commercial facilities;

           Set more stringent standards on State ``One-
        Call'' systems by eliminating all exemptions given to 
        local and State government agencies, and their 
        contractors, on notifying ``One-Call'' centers before 
        digging;

           Permit the requirement of installation of 
        automatic or remote-controlled shut-off valves on new 
        transmission pipelines;

           Require the Secretary to prescribe 
        regulations that establish time limits on accident and 
        leak notification by pipeline operators to local and 
        State government officials and emergency responders;

           Require the Secretary to evaluate whether 
        integrity management system requirements should be 
        expanded beyond currently defined high consequence 
        areas and establish regulations as appropriate;

           Increase public availability of pipeline 
        information, inspections, and standards by requiring 
        that this information be made available on PHMSA's 
        public website;

           Authorize additional pipeline inspectors and 
        pipeline safety support employees, through a phased-in 
        increase over the next 4 years;

           Allow PHMSA to recover costs for oversight 
        of large pipeline design and construction projects;

           Require gas transmission pipeline operators 
        to verify records and confirm maximum allowable 
        operating pressure; and

           Authorize appropriations for PHMSA for FYs 
        2011 through 2014.

                          Legislative History

  S. 275 was introduced by Senator Lautenberg on February 3, 
2011 and was referred to the Committee on Commerce, Science, 
and Transportation. The bill was considered at the Committee's 
May 5, 2011 Executive Session, where the Lautenberg substitute 
was approved by unanimous consent, with 3 additional 
amendments. First Degree Amendments from Senators Boxer, Thune, 
and Tom Udall were adopted.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                      June 9, 2011.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 275, the Pipeline 
Transportation Safety Improvement Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 275--Pipeline Transportation Safety Improvement Act of 2011

    Summary: The Pipeline and Hazardous Materials Safety 
Administration (PHMSA) oversees the safety of pipelines that 
transport gas or hazardous liquids and provides grants to 
states for programs to ensure pipeline safety. For those 
activities, S. 275 would authorize the gross appropriation of 
$420 million over the 2012-2016 period. CBO expects that about 
$365 million of those appropriations would be offset by fees 
paid by pipeline operators over the three-year period. In 
addition, subject to provisions in appropriation acts, CBO 
estimates that the bill would authorize PHMSA to collect and 
spend about $10 million over the 2012-2016 period to recover 
its costs of conducting safety reviews at a pipeline project in 
the state of Alaska. Altogether, CBO estimates that 
implementing S. 275 would have a net cost of $46 million over 
the 2012-2016 period, assuming appropriation of the necessary 
amounts.
    Pay-as-you-go procedures apply because enacting the 
legislation could affect revenues. S. 275 would increase 
certain civil penalties for violating pipeline safety 
regulations. Civil penalties are recorded in the budget as 
revenues and deposited in the general fund of the Treasury. 
However, CBO estimates that any increase in civil penalties 
would be small and would have no significant effect on the 
federal budget. Enacting the bill would not affect direct 
spending.
    S. 275 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new requirements on both public and 
private operators of natural gas pipelines. The bill would 
impose additional private-sector mandates on operators of 
hazardous liquid pipelines. Because of the relatively small 
number of public entities affected, CBO estimates that the 
aggregate cost of intergovernmental mandates in the bill would 
fall below the annual threshold established in UMRA ($71 
million in 2011, adjusted annually for inflation). Based on 
information from PHMSA and industry sources, CBO estimates that 
the aggregate cost of the private-sector mandates would exceed 
the annual threshold established in UMRA ($142 million in 2011, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 275 is shown in the following table. The 
costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Spending for Pipeline Safety:
    Estimated Authorization Level.......................      133      138      141        3        5       420
    Estimated Outlays...................................       65      117      134       72       23       411
Offsetting Collections for User Fees and Alaska Pipeline
 Design Review:
    Estimated Authorization Level.......................     -114     -120     -123       -3       -5      -365
    Estimated Outlays...................................     -114     -120     -123       -3       -5      -365
Estimated Net Spending:
    Estimated Authorization Level.......................       19       18       18        0        0        55
    Estimated Outlays...................................      -49       -3       11       69       18        46
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
275 will be enacted before the end of fiscal year 2011 and that 
the specified and necessary amounts authorized over the 2012-
2016 period will be appropriated each year. Estimates of 
spending are based on historical spending patterns for pipeline 
safety programs.

Spending subject to appropriation

    Spending for Pipeline Safety. S. 275 would reauthorize the 
laws that govern PHMSA's role in pipeline safety. The bill 
would authorize the appropriation of $420 million for PHMSA's 
pipeline safety activities over the 2012-2016 period, CBO 
estimates. (In 2011, PHMSA's gross appropriation for pipeline 
safety was $106 million.) S. 275 would authorize PHMSA to hire 
39 new employees to analyze and inspect pipelines over the 
2012-2014 period. The bill also would require PHMSA to complete 
a number of studies, update certain standards, and issue new 
regulations on pipeline safety more quickly than under current 
law. CBO estimates that implementing those provisions would 
cost $411 million over the 2012-2016 period, assuming 
appropriation of the specified and necessary amounts.
    Offsetting Collections for User Fees and Alaska Pipeline 
Design Review. Under provisions of the bill, CBO estimates that 
PHMSA would collect $365 million in user fees over the 2012-
2016 period. Those amounts include user fees authorized under 
current law and are based on the appropriated level of funding 
and new fees for PHMSA activities related to the review of a 
large pipeline project in Alaska.

Revenues

    S. 275 would increase the maximum penalties PHMSA may 
impose for certain violations of safety regulations that cause 
serious environmental damage or result in serious injuries or 
death. The bill also would permit new penalties to be imposed 
for obstructing inspections or investigations by PHMSA. Based 
on PHMSA's past penalty collections, CBO estimates that those 
provisions would result in increased revenue of less than 
$500,000 over the 2012-2021 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Enacting S. 275 would have a negligible effect on 
revenues.
    Intergovernmental and private-sector impact: S. 275 would 
impose mandates on public and private entities that operate 
natural gas pipelines and additional private-sector mandates on 
operators of hazardous liquid pipelines. Because of the 
relatively small number of public entities affected, CBO 
estimates that the aggregate cost of intergovernmental mandates 
in the bill would fall below the annual threshold established 
in UMRA ($71 million in 2011, adjusted annually for inflation); 
we estimate that the aggregate cost of the private-sector 
mandates in the bill would exceed the annual threshold 
established in UMRA ($142 million in 2011, adjusted annually 
for inflation).

Mandates that apply to both public and private entities

    Operating Pressure. The bill would require operators of 
transmission pipelines for natural gas in areas at risk of 
significant damage from spills to confirm safe operating 
pressures for pipelines. The mandate would require such 
operators to ensure they have accurate records, test pipelines 
for which records are not sufficient, and report when pressure 
exceeds acceptable limits. According to PHMSA, about 24,000 to 
30,000 miles of transmission pipelines are in affected areas. 
Published estimates indicate that the cost of testing pipelines 
could range from $150,000 to $500,000 per mile; according to 
industry sources, approximately 20 percent of pipelines in 
areas at risk of significant damage from spills might require 
testing. Based on that information, CBO expects that compliance 
cost to pipeline operators in the private sector could total 
several hundred million dollars or more annually in the first 
two years the mandate is in effect. Because public entities 
operate a relatively small fraction of transmission pipelines 
for natural gas, CBO estimates the cost to state and local 
governments would total less than $20 million annually in the 
first two years after the mandate takes effect.
    Integrity Management. S. 275 would extend existing 
planning, testing, and safety requirements to additional 
pipelines. CBO cannot determine the costs of the mandates for 
private-sector entities because they would depend on future 
regulations. However, based on information from PHMSA and 
industry sources about the cost to comply with existing 
standards, the cost of imposing such standards on additional 
pipelines could be significant. Because of the relatively small 
number of public entities affected, CBO estimates the cost to 
state and local governments would be small.
    Shut-Off Valves. The bill would impose a mandate on 
operators of transmission pipelines by requiring them to 
install shut-off valves in new or entirely replaced 
transmission pipelines. According to industry sources, such 
valves currently cost $100,000 to $500,000 per valve depending 
on the size of the pipeline. The number of valves to be 
installed would depend on the spacing required between valves 
and areas where operators would have to install them. Because 
such requirements would be developed as part of future 
regulations, CBO has no basis for determining the cost of the 
mandate to private-sector entities. Because of the relatively 
small number of public entities affected, CBO estimates the 
cost to state and local governments would be small.
    Reporting Requirements. The bill would require pipeline 
operators to report additional information to PHMSA. Industry 
sources indicate the cost of the mandate to private entities 
would be in the tens of millions of dollars. Based on 
information from industry sources, CBO estimates the cost of 
the mandate to publicly owned pipeline operators could be 
significant because many such operators are small and lack 
resources to comply with the new reporting requirements. 
However, CBO estimates the costs to state and local governments 
would total less than $15 million annually.
    Excess Flow Valves. S. 275 would require operators of 
distribution pipelines for natural gas to install valves 
designed to prevent natural gas leakage in areas to be 
determined by PHMSA. According to industry sources, each valve 
would add about $30 to the cost of installation and 
approximately 200,000 installations per year could require such 
valves. While the total cost of the mandate would depend on the 
number of units PHMSA would require to have such valves, CBO 
estimates that those costs would be relatively small.
    Notification Requirements. The bill would require pipeline 
operators to notify state and local governments and emergency 
responders of accidents or incidents within specified time 
limits. CBO estimates that the cost of the mandate to public 
and private entities would be minimal.

Mandates that apply to private entities only

    Leak Detection. The bill would impose a mandate by 
requiring the operators of hazardous liquid pipelines, such as 
oil pipelines, to use leak detection technologies where 
feasible. Under the bill, PHMSA would designate pipelines from 
a total of 176,000 miles of pipeline. Because the cost of the 
mandate would depend on such future PHMSA regulations, CBO has 
no basis for determining the cost of this mandate.
    Oil Flow Lines. S. 275 could impose a mandate on pipeline 
operators that transport oil by allowing PHMSA to collect 
additional data. Because CBO does not know what information 
PHMSA would require operators to report, we have no basis for 
determining the cost of the mandate.
    Offshore Gathering Pipelines. S. 275 would impose a mandate 
by requiring the operators of pipelines used to gather 
hazardous liquids to follow additional safety requirements. 
According to industry sources, the mandate would apply to about 
5,000 miles of pipeline. Because the cost of the mandate would 
depend on future PHMSA regulations, CBO has no basis for 
determining the cost of the mandate.
    Fees. The bill would authorize PHMSA to collect new fees on 
construction projects that are large or use new technology. 
Based on information from PHMSA on the expenses it would incur 
because of the bill, CBO estimates that PHMSA would charge an 
average of $120 million in additional fees per year to pipeline 
operators over the 2012-2014 period as a result of enactment of 
the bill.
    Other Requirements. The bill would impose several other new 
requirements on pipeline operators. Specifically, the bill 
would impose additional safety requirements on pipelines 
transporting biofuels; require PHMSA to regularly review 
waivers on safety requirements it provides to pipeline 
operators; and impose minimum safety standards for pipelines 
transporting carbon dioxide in a gaseous state. Based on 
information from industry sources and PHMSA, CBO estimates that 
the cost of each of those mandates would fall well below the 
annual threshold established in UMRA.
    Estimate prepared by: Federal spending: Sarah Puro; Federal 
revenues: Kalyani Parthasarathy; Impact on state, local, and 
tribal governments: Ryan Miller; Impact on the private sector: 
Samuel Wice.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 275 is intended to reauthorize PHMSA's OPS. The OPS 
currently has the authority to provide direct oversight of the 
Nation's interstate pipelines and set minimum standards that 
the Nation's intrastate pipelines must adhere to. The bill is 
intended to provide the OPS with additional authority to 
oversee the pipeline industry. With the exception of providing 
increased authority to carbon dioxide pipelines and offshore 
gathering lines in certain cases, the number of pipelines 
subject to the Office's oversight is not expected to changes as 
a result of this bill.

                            ECONOMIC IMPACT

  S. 275 is not expected to have an adverse economic impact on 
the Nation. This bill would promote a safer regulatory 
environment for pipelines, which could ultimately reduce the 
monetary consequences of leaks and explosions.

                                PRIVACY

  S. 275 would not have any effect on the privacy of 
individuals' information.

                               PAPERWORK

  S. 275 would require pipeline operators to provide additional 
information in digital form that they are not currently 
required to provide. Any additional paperwork burdens would be 
minimal.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short Title; Amendment of Title 49, United States Code; 
        Table of Contents.

  This section would provide that the Act be cited as the 
``Pipeline Transportation Safety Improvement Act of 2011,'' 
would reference Title 49, United States Code, and would provide 
a table of contents.

Section 2. Civil Penalties.

  This section would amend section 49 U.S.C. 60122(a) to 
provide for increased administrative civil penalties for major 
consequence violations involving deaths, injuries, and major 
environmental damage. For these types of violations, it would 
increase the caps from $100,000 per violation day/$1,000,000 
series to $250,000 per violation day/$2,500,000 series. It also 
would clarify that civil penalties can be assessed for 
obstruction of investigations. This section also would amend 49 
U.S.C. 60120 (a) to confirm that the 49 U.S.C. 60122 caps on 
administrative civil penalties do not apply to judicial actions 
under 49 U.S.C. 60120. This section would also add the 
availability of judicial review of final enforcement orders in 
the Courts of Appeals. Finally, this section would strike the 
consideration of a defendant's ability to pay when determining 
civil penalties.

Section 3. Pipeline Damage Prevention.

  This section would amend State one-call program requirements 
to eliminate all exemptions for local municipalities, State 
government agencies, and their contractors. This section would 
become effective 2 years after the date of enactment of this 
Act.

Section 4. Offshore Gathering Pipelines.

  This section would require the Secretary of Transportation 
(Secretary) to issue regulations governing offshore hazardous 
liquid low-stress pipelines and hazardous liquid low-stress 
gathering pipelines located in the Gulf of Mexico to the same 
standards as other hazardous liquid gathering pipelines. It 
would not apply to low-stress distribution pipelines.

Section 5. Automatic and Remote-Controlled Shut-Off Valves.

  This section would amend section 49 U.S.C. 60102 to require 
the Secretary to prescribe regulations requiring the use of 
remote-controlled shut-off valves, or equivalent technology 
when economically, technically, and operationally feasible. 
This would apply to transmission pipelines constructed or 
replaced after the final rule is issued.

Section 6. Excess Flow Valves.

  This section would amend 49 U.S.C. 60109(e)(3) to require the 
Secretary, within 2 years after the date of enactment of this 
Act, to prescribe the use of excess flow valves in new or 
replaced distribution branch services, multi-family facilities, 
and small commercial facilities where economically and 
technically feasible.

Section 7. Integrity Management.

  This section would require the Secretary to report on whether 
integrity management system requirements, or elements thereof, 
should be expanded beyond high consequence areas. The report 
would examine whether applying integrity management system 
requirements to additional areas in gas pipeline facilities 
would mitigate the need for class location requirements, with 
an emphasis on class 3 and 4 facilities. This section is 
intended to examine potential redundancy between integrity 
management requirements and class location requirements on 
transmission pipelines. The report would examine whether data 
collected outside high consequence areas as part of integrity 
management should be included as part of the records required 
to be maintained by operators. This section would also require 
the Secretary to prescribe new standards, as appropriate, and 
collect relevant data necessary to complete the evaluation and 
for the purposes of any new standards issued, while considering 
the seismology of the area being evaluated.

Section 8. Public Education and Awareness.

  This section would add a new section to 49 U.S.C. 60138 that 
would require the Secretary to maintain and make available to 
the public monthly summaries of all pipeline inspections 
conducted by and reported to PHMSA, information about each 
pipeline operators' facility response plan, maps of all 
currently designated high consequence areas, and information 
about all industry--or professional organization--developed 
safety standards. The Secretary would be able to satisfy the 
requirements of this section by making the information 
available on its public website. The Secretary would not be 
required to disclose information that is not subject to 
disclosure under the Freedom of Information Act and other 
information that is deemed proprietary or security-sensitive.

Section 9. Cast Iron Pipelines.

  This section would require the Secretary to conduct a follow-
on survey of that required in 49 U.S.C. 60108(d) to determine 
progress that has been made on the extent to which each 
operator has adopted a plan to safely manage and replace cast 
iron pipelines in its system. This section would require that 
the Secretary perform this survey biannually.

Section 10. Leak Detection.

  This section would require the Secretary to submit a report 
to Congress analyzing the technical limitations of current leak 
detection systems utilized by hazardous liquid pipelines, and 
what can be done to foster development of better technologies. 
This section would require the Secretary to prescribe 
regulations for use of leak detection technologies on 
pipelines.

Section 11. Incident Notification.

  This section would require the Secretary to prescribe 
regulations that establish time limits for accident and 
incident notification by pipeline operators to State and local 
government officials. It also would require the Secretary to 
review procedures for pipeline operators and the National 
Response Center to provide thorough and coordinated 
notification to all relevant officials. These procedures would 
be revised as appropriate.

Section 12. Transportation-Related Onshore Facility Response Plan 
        Compliance and Maximum Penalties.

  This section would authorize the Secretary to assess 
administrative civil penalties or take other enforcement 
actions for a transportation-related onshore facility's failure 
to have a facility response plan or for deficiencies in a 
facility response plan, or for failure to provide notice of 
spills.

Section 13. Pipeline Infrastructure Data Collection.

  This section would amend 49 U.S.C. 60132 to permit the 
Secretary to collect additional geospatial pipeline data for 
the National Pipeline Mapping System. The Secretary would not 
be permitted to disclose data, except as permitted by the 
Freedom of Information Act.

Section 14. International Cooperation and Consultation.

  This section would amend 49 U.S.C. 60117 to authorize PHMSA 
to engage in activities supporting efforts to exchange 
expertise on pipeline safety with other governments. This 
section would also allow PHMSA to consult on the safety of 
cross-border pipeline operations with Canada and Mexico.

Section 15. Gas and Hazardous Liquid Gathering Lines.

  This section would require the Secretary to review all 
exemptions for gas and hazardous liquid gathering lines and 
submit a report to Congress recommending any necessary 
modifications or elimination of such exemptions.

Section 16. Transportation-Related Oil Flow Lines.

  This section would amend 49 U.S.C. 60102 to permit the 
Secretary to gather geospatial, technical, or other data on 
transportation-related oil flow lines. This section would 
define a transportation-related oil flow line as a pipeline 
transporting oil off the grounds of the production facility 
where it originated across areas not owned by the producer, 
regardless of the extent to which the oil has been processed.

Section 17. Alaska Project Coordination.

  This section would add 49 U.S.C. 60139 to permit the 
Secretary to provide for enhanced coordination with the State 
of Alaska, the Joint Pipeline Office, and other agencies and 
organizations on inspector training programs, oversight of 
pipeline construction, expansion projects, as well as repair 
and operation of existing lines.

Section 18. Cost Recovery for Design Reviews.

  This section would amend 49 U.S.C. 60117(n) to authorize 
PHMSA to receive compensation from project applicants for 
design review, consulting, and field support that the agency 
performs for eligible new pipeline construction projects. This 
section would define an eligible project as one that has design 
and construction costs no less than $3,400,000,000, or uses new 
or novel technologies or designs.

Section 19. Special Permits.

  This section would amend 49 U.S.C. 60118 to set forth general 
requirements for review of special permits applications. It 
would require the Secretary to formally review a special permit 
after 5 years to determine that permit parameters are still 
valid, including whether ownership or control of the pipeline 
has changed, conditions surrounding the pipe have changed, and 
other factors as appropriate. Waiver applications would be 
required to be noticed to the public with opportunity for 
comment.

Section 20. Biofuel Pipelines.

  This section would amend 49 U.S.C. 60101(a) to include 
biofuels and clarify that biofuels transported by pipeline are 
subject to transportation safety regulations.

Section 21. Carbon Dioxide Pipelines.

  This section would amend 49 U.S.C. 60102(i) to require the 
Secretary to prescribe minimum safety standards for the 
transportation of carbon dioxide by pipeline in either a liquid 
or gaseous state.

Section 22. Study of the Transportation of Tar Sands Crude Oil.

  This section would require the Secretary to review whether 
current regulations are sufficient to regulate pipelines 
transmitting tar sands crude oil. The study would analyze 
whether tar sands oil presents an increased risk of release.

Section 23. Study of Non-Petroleum Hazardous Liquids Transported by 
        Pipeline.

  This section would authorize the Secretary to analyze the 
extent to which pipelines are being used to transport non-
petroleum hazardous liquids (e.g., chlorine) from chemical 
production facilities across land areas not owned by the 
producer. This analysis would also identify the extent to which 
these types of lines are regulated by the States. The Secretary 
would be required to provide the analysis to Congress.

Section 24. Clarifications.

  This section: (1) would remove the word ``intrastate'' from 
the first sentence of 49 U.S.C. 60108(a) to clarify that 
PHMSA's authority to require operators to amend operating plans 
and procedures is not limited to intrastate pipeline 
facilities; (2) would clarify that PHMSA's authority for 
purposes of enforcement is not limited to an entity that is 
both the owner and operator of a pipeline; and (3) would 
clarify that PHMSA is authorized to enforce its one-call 
regulations with regard to pipeline operators.

Section 25. Additional Resources.

  This section would provide 39 additional full time equivalent 
positions over 4 years for inspection and enforcement personnel 
and administrative support personnel.

Section 26. Maintenance of Effort.

  This section would amend 49 U.S.C. 60107(b) to permit the 
Secretary to provide pipeline safety funds to a State authority 
when the State authority pays an amount equal the average 
amount of contributions made in FYs 2004 through 2006 to the 
costs of its pipeline safety program. A waiver can be granted 
if a State can demonstrate an inability to maintain or increase 
its funding share due to economic hardship.

Section 27. Maximum Allowable Operating Pressure.

  This section would require gas transmission pipeline 
operators to conduct a verification of records to confirm these 
pipelines' physical and operational characteristics and confirm 
their established maximum allowable operating pressure. 
Operators would be required to report to the Secretary any 
pipelines for which they cannot verify such records, and would 
be required to reconfirm the pipelines' maximum allowable 
operational pressure as expeditiously as possible, subject to 
conditions set forth by the Secretary.

Section 28. Administrative Enforcement Process.

  This section would require the Secretary to issue regulations 
that would require a presiding official at all hearings related 
to corrective action orders, safety orders, compliance orders 
and waivers, and civil penalties. These regulations would also 
provide an opportunity for those requesting hearings to request 
a transcript, and ensure expedited review of corrective action 
orders. This section would also require a presiding official to 
be an attorney on the staff of PHMSA's Deputy Chief Counsel 
that does not engage in investigative or prosecutorial 
functions. The section would also establish standards for 
judicial review of agency action.

Section 29. Authorization of Appropriations.

  This section would authorize appropriations for FYs 2011 
through 2014.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  FEDERAL WATER POLLUTION CONTROL ACT

SEC. 311. OIL AND HAZARDOUS SUBSTANCES LIABILITY

[33 U.S.C. 1321]

           *       *       *       *       *       *       *

  (b) Congressional Declaration of Policy Against Discharges of 
Oil or Hazardous Substances; Designation of Hazardous 
Substances; Study of Higher Standard of Care Incentives and 
Report to Congress; Liability; Penalties; Civil Actions: 
Penalty Limitations, Separate Offenses, Jurisdiction, 
Mitigation of Damages and Costs, Recovery of Removal Costs, 
Alternative Remedies, and Withholding Clearance of Vessels.--
          (1) The Congress hereby declares that it is the 
        policy of the United States that there should be no 
        discharges of oil or hazardous substances into or upon 
        the navigable waters of the United States, adjoining 
        shorelines, or into or upon the waters of the 
        contiguous zone, or in connection with activities under 
        the Outer Continental Shelf Lands Act or the Deepwater 
        Port Act of 1974, or which may affect natural resources 
        belonging to, appertaining to, or under the exclusive 
        management authority of the United States (including 
        resources under the Magnuson-Stevens Fishery 
        Conservation and Management Act of 1976).
          (2)(A) The Administrator shall develop, promulgate, 
        and revise as may be appropriate, regulations 
        designating as hazardous substances, other than oil as 
        defined in this section, such elements and compounds 
        which, when discharged in any quantity into or upon the 
        navigable waters of the United States or adjoining 
        shorelines or the waters of the contiguous zone or in 
        connection with activities under the Outer Continental 
        Shelf Lands Act or the Deepwater Port Act of 1974, or 
        which may affect natural resources belonging to, 
        appertaining to, or under the exclusive management 
        authority of the United States (including resources 
        under the Magnuson-Stevens Fishery Conservation and 
        Management Act of 1976), present an imminent and 
        substantial danger to the public health or welfare, 
        including, but not limited to, fish, shellfish, 
        wildlife, shorelines, and beaches.
                  (B) The Administrator shall within 18 months 
                after the date of enactment of this paragraph, 
                conduct a study and report to the Congress on 
                methods, mechanisms, and procedures to create 
                incentives to achieve a higher standard of care 
                in all aspects of the management and movement 
                of hazardous substances on the part of owners, 
                operators, or persons in charge of onshore 
                facilities, offshore facilities, or vessels. 
                The Administrator shall include in such study 
                (1) limits of liability, (2) liability for 
                third party damages, (3) penalties and fees, 
                (4) spill prevention plans, (5) current 
                practices in the insurance and banking 
                industries, and (6) whether the penalty enacted 
                in subclause (bb) of clause (iii) of 
                subparagraph (B) of subsection (b)(2) of 
                section 311 of Public Law 92-500 should be 
                enacted.
          (3) The discharge of oil or hazardous substances (i) 
        into or upon the navigable waters of the United States, 
        adjoining shorelines, or into or upon the waters of the 
        contiguous zone, or (ii) in connection with activities 
        under the Outer Continental Shelf Lands Act or the 
        Deepwater Port Act of 1974, or which may affect natural 
        resources belonging to, appertaining to, or under the 
        exclusive management authority of the United States 
        (including resources under the Magnuson-Stevens Fishery 
        Conservation and Management Act of 1976), in such 
        quantities as may be harmful as determined by the 
        President under paragraph (4) of this subsection, is 
        prohibited, except (A) in the case of such discharges 
        into the waters of the contiguous zone or which may 
        affect natural resources belonging to, appertaining to, 
        or under the exclusive management authority of the 
        United States (including resources under the Magnuson-
        Stevens Fishery Conservation and Management Act of 
        1976), where permitted under the Protocol of 1978 
        Relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and (B) where 
        permitted in quantities and at times and locations or 
        under such circumstances or conditions as the President 
        may, by regulation, determine not to be harmful. Any 
        regulations issued under this subsection shall be 
        consistent with maritime safety and with marine and 
        navigation laws and regulations and applicable water 
        quality standards.
          (4) The President shall by regulation determine for 
        the purposes of this section those quantities of oil 
        and any hazardous substances the discharge of which may 
        be harmful to the public health or welfare or the 
        environment of the United States, including but not 
        limited to fish, shellfish, wildlife, and public and 
        private property, shorelines, and beaches.
          (5) Any person in charge of a vessel or of an onshore 
        facility or an offshore facility shall, as soon as he 
        has knowledge of any discharge of oil or a hazardous 
        substance from such vessel or facility in violation of 
        paragraph (3) of this subsection, immediately notify 
        the appropriate agency of the United States Government 
        of such discharge. The Federal agency shall immediately 
        notify the appropriate State agency of any State which 
        is, or may reasonably be expected to be, affected by 
        the discharge of oil or a hazardous substance. Any such 
        person (A) in charge of a vessel from which oil or a 
        hazardous substance is discharged in violation of 
        paragraph (3)(i) of this subsection, or (B) in charge 
        of a vessel from which oil or a hazardous substance is 
        discharged in violation of paragraph (3)(ii) of this 
        subsection and who is otherwise subject to the 
        jurisdiction of the United States at the time of the 
        discharge, or (C) in charge of an onshore facility or 
        an offshore facility, who fails to notify immediately 
        such agency of such discharge shall, upon conviction, 
        be fined in accordance with title 18, United States 
        Code, or imprisoned for not more than 5 years, or both. 
        Notification received pursuant to this paragraph shall 
        not be used against any such natural person in any 
        criminal case, except a prosecution for perjury or for 
        giving a false statement.
          (6) Administrative penalties.--
                  (A) Violations.--Any owner, operator, or 
                person in charge of any vessel, onshore 
                facility, or offshore facility--
                          (i) from which oil or a hazardous 
                        substance is discharged in violation of 
                        paragraph (3), or
                          (ii) who fails or refuses to comply 
                        with any regulation issued under 
                        subsection (j) to which that owner, 
                        operator, or person in charge is 
                        subject,may be assessed a class I or 
                        class II civil penalty by the Secretary 
                        of the department in which the Coast 
                        Guard is [operating or] operating, the 
                        Secretary of Transportation, or the 
                        Administrator.
                  (B) Classes of penalties.--
                          (i) Class I.--The amount of a class I 
                        civil penalty under subparagraph (A) 
                        may not exceed $10,000 per violation, 
                        except that the maximum amount of any 
                        class I civil penalty under this 
                        subparagraph shall not exceed $25,000. 
                        Before assessing a civil penalty under 
                        this clause, the Administrator or 
                        Secretary, as the case may be, shall 
                        give to the person to be assessed such 
                        penalty written notice of the 
                        Administrator's or Secretary's proposal 
                        to assess the penalty and the 
                        opportunity to request, within 30 days 
                        of the date the notice is received by 
                        such person, a hearing on the proposed 
                        penalty. Such hearing shall not be 
                        subject to section 554 or 556 of title 
                        5, United States Code, but shall 
                        provide a reasonable opportunity to be 
                        heard and to present evidence.
                          (ii) Class II.--The amount of a class 
                        II civil penalty under subparagraph (A) 
                        may not exceed $10,000 per day for each 
                        day during which the violation 
                        continues; except that the maximum 
                        amount of any class II civil penalty 
                        under this subparagraph shall not 
                        exceed $125,000. Except as otherwise 
                        provided in this subsection, a class II 
                        civil penalty shall be assessed and 
                        collected in the same manner, and 
                        subject to the same provisions, as in 
                        the case of civil penalties assessed 
                        and collected after notice and 
                        opportunity for a hearing on the record 
                        in accordance with section 554 of title 
                        5, United States Code. The 
                        Administrator and Secretary may issue 
                        rules for discovery procedures for 
                        hearings under this paragraph.
                  (C) Rights of interested persons.--
                          (i) Public notice.--Before issuing an 
                        order assessing a class II civil 
                        penalty under this paragraph the 
                        Administrator or Secretary, as the case 
                        may be, shall provide public notice of 
                        and reasonable opportunity to comment 
                        on the proposed issuance of such order.
                          (ii) Presentation of evidence.--Any 
                        person who comments on a proposed 
                        assessment of a class II civil penalty 
                        under this paragraph shall be given 
                        notice of any hearing held under this 
                        paragraph and of the order assessing 
                        such penalty. In any hearing held under 
                        this paragraph, such person shall have 
                        a reasonable opportunity to be heard 
                        and to present evidence.
                          (iii) Rights of interested persons to 
                        a hearing.--If no hearing is held under 
                        subparagraph (B) before issuance of an 
                        order assessing a class II civil 
                        penalty under this paragraph, any 
                        person who commented on the proposed 
                        assessment may petition, within 30 days 
                        after the issuance of such order, the 
                        Administrator or Secretary, as the case 
                        may be, to set aside such order and to 
                        provide a hearing on the penalty. If 
                        the evidence presented by the 
                        petitioner in support of the petition 
                        is material and was not considered in 
                        the issuance of the order, the 
                        Administrator or Secretary shall 
                        immediately set aside such order and 
                        provide a hearing in accordance with 
                        subparagraph (B)(ii). If the 
                        Administrator or Secretary denies a 
                        hearing under this clause, the 
                        Administrator or Secretary shall 
                        provide to the petitioner, and publish 
                        in the Federal Register, notice of and 
                        the reasons for such denial.
                  (D) Finality of order.--An order assessing a 
                class II civil penalty under this paragraph 
                shall become final 30 days after its issuance 
                unless a petition for judicial review is filed 
                under subparagraph (G) or a hearing is 
                requested under subparagraph (C)(iii). If such 
                a hearing is denied, such order shall become 
                final 30 days after such denial.
                  (E) Effect of order.--Action taken by the 
                Administrator or Secretary, as the case may be, 
                under this paragraph shall not affect or limit 
                the Administrator's or Secretary's authority to 
                enforce any provision of this Act [33 USCS  
                1251 et seq.]; except that any violation--
                          (i) with respect to which the 
                        Administrator or Secretary has 
                        commenced and is diligently prosecuting 
                        an action to assess a class II civil 
                        penalty under this paragraph, or
                          (ii) for which the Administrator or 
                        Secretary has issued a final order 
                        assessing a class II civil penalty not 
                        subject to further judicial review and 
                        the violator has paid a penalty 
                        assessed under this paragraph, shall 
                        not be the subject of a civil penalty 
                        action under section 309(d), 309(g), or 
                        505 of this Act [33 USCS  1319(d), 
                        (g), 1365] or under paragraph (7).
                  (F) Effect of action on compliance.--No 
                action by the Administrator or Secretary under 
                this paragraph shall affect any person's 
                obligation to comply with any section of this 
                Act [33 USCS  1251 et seq.].
                  (G) Judicial review.--Any person against whom 
                a civil penalty is assessed under this 
                paragraph or who commented on the proposed 
                assessment of such penalty in accordance with 
                subparagraph (C) may obtain review of such 
                assessment--
                          (i) in the case of assessment of a 
                        class I civil penalty, in the United 
                        States District Court for the District 
                        of Columbia or in the district in which 
                        the violation is alleged to have 
                        occurred, or
                          (ii) in the case of assessment of a 
                        class II civil penalty, in United 
                        States Court of Appeals for the 
                        District of Columbia Circuit or for any 
                        other circuit in which such person 
                        resides or transacts business,by filing 
                        a notice of appeal in such court within 
                        the 30-day period beginning on the date 
                        the civil penalty order is issued and 
                        by simultaneously sending a copy of 
                        such notice by certified mail to the 
                        Administrator or Secretary, as the case 
                        may be, and the Attorney General. The 
                        Administrator or Secretary shall 
                        promptly file in such court a certified 
                        copy of the record on which the order 
                        was issued. Such court shall not set 
                        aside or remand such order unless there 
                        is not substantial evidence in the 
                        record, taken as a whole, to support 
                        the finding of a violation or unless 
                        the Administrator's or Secretary's 
                        assessment of the penalty constitutes 
                        an abuse of discretion and shall not 
                        impose additional civil penalties for 
                        the same violation unless the 
                        Administrator's or Secretary's 
                        assessment of the penalty constitutes 
                        an abuse of discretion.
                  (H) Collection.--If any person fails to pay 
                an assessment of a civil penalty--
                          (i) after the assessment has become 
                        final, or
                          (ii) after a court in an action 
                        brought under subparagraph (G) has 
                        entered a final judgment in favor of 
                        the Administrator or Secretary, as the 
                        case may be,the Administrator or 
                        Secretary shall request the Attorney 
                        General to bring a civil action in an 
                        appropriate district court to recover 
                        the amount assessed (plus interest at 
                        currently prevailing rates from the 
                        date of the final order or the date of 
                        the final judgment, as the case may 
                        be). In such an action, the validity, 
                        amount, and appropriateness of such 
                        penalty shall not be subject to review. 
                        Any person who fails to pay on a timely 
                        basis the amount of an assessment of a 
                        civil penalty as described in the first 
                        sentence of this subparagraph shall be 
                        required to pay, in addition to such 
                        amount and interest, attorneys fees and 
                        costs for collection proceedings and a 
                        quarterly nonpayment penalty for each 
                        quarter during which such failure to 
                        pay persists. Such nonpayment penalty 
                        shall be in an amount equal to 20 
                        percent of the aggregate amount of such 
                        person's penalties and nonpayment 
                        penalties which are unpaid as of the 
                        beginning of such quarter.
                  (I) Subpoenas.--The Administrator or 
                Secretary, as the case may be, may issue 
                subpoenas for the attendance and testimony of 
                witnesses and the production of relevant 
                papers, books, or documents in connection with 
                hearings under this paragraph. In case of 
                contumacy or refusal to obey a subpoena issued 
                pursuant to this subparagraph and served upon 
                any person, the district court of the United 
                States for any district in which such person is 
                found, resides, or transacts business, upon 
                application by the United States and after 
                notice to such person, shall have jurisdiction 
                to issue an order requiring such person to 
                appear and give testimony before the 
                administrative law judge or to appear and 
                produce documents before the administrative law 
                judge, or both, and any failure to obey such 
                order of the court may be punished by such 
                court as a contempt thereof.
          (7) Civil penalty action.--
                  (A) Discharge, generally.--Any person who is 
                the owner, operator, or person in charge of any 
                vessel, onshore facility, or offshore facility 
                from which oil or a hazardous substance is 
                discharged in violation of paragraph (3), shall 
                be subject to a civil penalty in an amount up 
                to $25,000 per day of violation or an amount up 
                to $1,000 per barrel of oil or unit of 
                reportable quantity of hazardous substances 
                discharged.
                  (B) Failure to remove or comply.--Any person 
                described in subparagraph (A) who, without 
                sufficient cause--
                          (i) fails to properly carry out 
                        removal of the discharge under an order 
                        of the President pursuant to subsection 
                        (c); or
                          (ii) fails to comply with an order 
                        pursuant to subsection (e)(1)(B);shall 
                        be subject to a civil penalty in an 
                        amount up to $25,000 per day of 
                        violation or an amount up to 3 times 
                        the costs incurred by the Oil Spill 
                        Liability Trust Fund as a result of 
                        such failure.
                  (C) Failure to comply with regulation.--Any 
                person who fails or refuses to comply with any 
                regulation issued under subsection (j) shall be 
                subject to a civil penalty in an amount up to 
                $25,000 per day of violation.
                  (D) Gross negligence.--In any case in which a 
                violation of paragraph (3) was the result of 
                gross negligence or willful misconduct of a 
                person described in subparagraph (A), the 
                person shall be subject to a civil penalty of 
                not less than $100,000, and not more than 
                $3,000 per barrel of oil or unit of reportable 
                quantity of hazardous substance discharged.
                  (E) Jurisdiction.--An action to impose a 
                civil penalty under this paragraph may be 
                brought in the district court of the United 
                States for the district in which the defendant 
                is located, resides, or is doing business, and 
                such court shall have jurisdiction to assess 
                such penalty.
                  (F) Limitation.--A person is not liable for a 
                civil penalty under this paragraph for a 
                discharge if the person has been assessed a 
                civil penalty under paragraph (6) for the 
                discharge.
          (8) Determination of amount.--In determining the 
        amount of a civil penalty under paragraphs (6) and (7), 
        the Administrator, Secretary, or the court, as the case 
        may be, shall consider the seriousness of the violation 
        or violations, the economic benefit to the violator, if 
        any, resulting from the violation, the degree of 
        culpability involved, any other penalty for the same 
        incident, any history of prior violations, the nature, 
        extent, and degree of success of any efforts of the 
        violator to minimize or mitigate the effects of the 
        discharge, the economic impact of the penalty on the 
        violator, and any other matters as justice may require.
          (9) Mitigation of damage.--In addition to 
        establishing a penalty for the discharge of oil or a 
        hazardous substance, the Administrator or the Secretary 
        of the department in which the Coast Guard is operating 
        may act to mitigate the damage to the public health or 
        welfare caused by such discharge. The cost of such 
        mitigation shall be deemed a cost incurred under 
        subsection (c) of this section for the removal of such 
        substance by the United States Government.
          (10) Recovery of removal costs.--Any costs of removal 
        incurred in connection with a discharge excluded by 
        subsection (a)(2)(C) of this section shall be 
        recoverable from the owner or operator of the source of 
        the discharge in an action brought under section 309(b) 
        of this Act [33 USCS  1319(b)].
          (11) Limitation.--Civil penalties shall not be 
        assessed under both this section and section 309 [33 
        USCS  1319] for the same discharge.
          (12) Withholding clearance.--If any owner, operator, 
        or person in charge of a vessel is liable for a civil 
        penalty under this subsection, or if reasonable cause 
        exists to believe that the owner, operator, or person 
        in charge may be subject to a civil penalty under this 
        subsection, the Secretary of the Treasury, upon the 
        request of the Secretary of the department in which the 
        Coast Guard is operating or the Administrator, shall 
        with respect to such vessel refuse or revoke--
                  (A) the clearance required by section 4197 of 
                the Revised Statutes of the United States (46 
                U.S.C. App. 91 [46 USCS  60105]);
                  (B) a permit to proceed under section 4367 of 
                the Revised Statutes of the United States (46 
                U.S.C. App. 313); and
                  (C) a permit to depart required under section 
                443 of the Tariff Act of 1930 (19 U.S.C. 
                1443);as applicable. Clearance or a permit 
                refused or revoked under this paragraph may be 
                granted upon the filing of a bond or other 
                surety satisfactory to the Secretary of the 
                department in which the Coast Guard is 
                operating or the Administrator.

           *       *       *       *       *       *       *

  (m) Administrative Provisions.--
          (1) For vessels.--Anyone authorized by the President 
        to enforce the provisions of this section with respect 
        to any vessel may, except as to public vessels--
                  (A) board and inspect any vessel upon the 
                navigable waters of the United States or the 
                waters of the contiguous zone,
                  (B) with or without a warrant, arrest any 
                person who in the presence or view of the 
                authorized person violates the provisions of 
                this section or any regulation issued 
                thereunder, and
                  (C) execute any warrant or other process 
                issued by an officer or court of competent 
                jurisdiction.
          (2) For facilities.--
                  (A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                [Administrator or] Administrator, the Secretary 
                of Transportation, or the Secretary of the 
                Department in which the Coast Guard is 
                operating shall require the owner or operator 
                of a facility to which this section applies to 
                establish and maintain such records, make such 
                reports, install, use, and maintain such 
                monitoring equipment and methods, and provide 
                such other information as the [Administrator 
                or] Administrator, the Secretary of 
                Transportation, or Secretary, as the case may 
                be, may require to carry out the objectives of 
                this section.
                  (B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                [Administrator or] Administrator, the Secretary 
                of Transportation, or the Secretary of the 
                Department in which the Coast Guard is 
                operating or an authorized representative of 
                the [Administrator or] Administrator, the 
                Secretary of Transportation, or Secretary, upon 
                presentation of appropriate credentials, may--
                          (i) enter and inspect any facility to 
                        which this section applies, including 
                        any facility at which any records are 
                        required to be maintained under 
                        subparagraph (A); and
                          (ii) at reasonable times, have access 
                        to and copy any records, take samples, 
                        and inspect any monitoring equipment or 
                        methods required under subparagraph 
                        (A).
                  (C) Arrests and execution of warrants.--
                Anyone authorized by the Administrator or the 
                Secretary of the department in which the Coast 
                Guard is operating to enforce the provisions of 
                this section with respect to any facility may--
                          (i) with or without a warrant, arrest 
                        any person who violates the provisions 
                        of this section or any regulation 
                        issued thereunder in the presence or 
                        view of the person so authorized; and
                          (ii) execute any warrant or process 
                        issued by an officer or court of 
                        competent jurisdiction.
                  (D) Public access.--Any records, reports, or 
                information obtained under this paragraph shall 
                be subject to the same public access and 
                disclosure requirements which are applicable to 
                records, reports, and information obtained 
                pursuant to section 308 [33 USCS  1318].

           *       *       *       *       *       *       *

PIPELINE SAFETY IMPROVEMENT ACT OF 2002

           *       *       *       *       *       *       *

SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND 
                    DEVELOPMENT.

                         [49 U.S.C. 60101 note]

  (a) In General.--The heads of the participating agencies 
shall carry out a program of research, development, 
demonstration, and standardization to ensure the integrity of 
pipeline facilities.
  (b) Memorandum of Understanding.--
          (1) In general.--Not later than 120 days after the 
        date of enactment of this Act, the heads of the 
        participating agencies shall enter into a memorandum of 
        understanding detailing their respective 
        responsibilities in the program authorized by 
        subsection (a).
          (2) Areas of expertise.--Under the memorandum of 
        understanding, each of the participating agencies shall 
        have the primary responsibility for ensuring that the 
        elements of the program within its expertise are 
        implemented in accordance with this section. The 
        Department of Transportation's responsibilities shall 
        reflect its lead role in pipeline safety and expertise 
        in pipeline inspection, integrity management, and 
        damage prevention. The Department of Energy's 
        responsibilities shall reflect its expertise in system 
        reliability, low-volume gas leak detection, and 
        surveillance technologies. The National Institute of 
        Standards and Technology's responsibilities shall 
        reflect its expertise in materials research and 
        assisting in the development of consensus technical 
        standards, as that term is used in section 12(d)(4) of 
        Public Law 104-13 (15 U.S.C. 272 note).
  (c) Program Elements.--The program authorized by subsection 
(a) shall include research, development, demonstration, and 
standardization activities related to--
          (1) materials inspection;
          (2) stress and fracture analysis, detection of 
        cracks, corrosion, abrasion, and other abnormalities 
        inside pipelines that lead to pipeline failure, and 
        development of new equipment or technologies that are 
        inserted into pipelines to detect anomalies;
          (3) internal inspection and leak detection 
        technologies, including detection of leaks at very low 
        volumes;
          (4) methods of analyzing content of pipeline 
        throughput;
          (5) pipeline security, including improving the real-
        time surveillance of pipeline rights-of-way, developing 
        tools for evaluating and enhancing pipeline security 
        and infrastructure, reducing natural, technological, 
        and terrorist threats, and protecting first response 
        units and persons near an incident;
          (6) risk assessment methodology, including 
        vulnerability assessment and reduction of third-party 
        damage;
          (7) communication, control, and information systems 
        surety;
          (8) fire safety of pipelines;
          (9) improved excavation, construction, and repair 
        technologies; and
          (10) other appropriate elements.
  (d) Program Plan.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Secretary of 
        Transportation, in coordination with the Secretary of 
        Energy and the Director of the National Institute of 
        Standards and Technology, shall prepare and transmit to 
        Congress a 5-year program plan to guide activities 
        under this section. Such program plan shall be 
        submitted to the Technical Pipeline Safety Standards 
        Committee and the Technical Hazardous Liquid Pipeline 
        Safety Standards Committee for review, and the report 
        to Congress shall include the comments of the 
        committees. The 5-year program plan shall be based on 
        the memorandum of understanding under subsection (b) 
        and take into account related activities of other 
        Federal agencies.
          (2) Consultation.--In preparing the program plan and 
        selecting and prioritizing appropriate project 
        proposals, the Secretary of Transportation shall 
        consult with or seek the advice of appropriate 
        representatives of the natural gas, crude oil, and 
        petroleum product pipeline industries, utilities, 
        manufacturers, institutions of higher learning, Federal 
        agencies, pipeline research institutions, national 
        laboratories, State pipeline safety officials, labor 
        organizations, environmental organizations, pipeline 
        safety advocates, and professional and technical 
        societies.
          (3) Ongoing pipeline transportation research and 
        development.--After the initial 5-year program plan has 
        been carried out by the participating agencies, the 
        Secretary of Transportation shall prepare a research 
        and development program plan every 5 years thereafter 
        and shall transmit a report to Congress on the status 
        and results-to-date of implementation of the program 
        each year that funds are appropriated for carrying out 
        the plan.
  (e) Reports to Congress.--Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
heads of the participating agencies shall transmit jointly to 
Congress a report on the status and results to date of the 
implementation of the program plan prepared under subsection 
(d).
  (f) Authorization of Appropriations.--
          (1) Department of transportation.--There is 
        authorized to be appropriated to the Secretary of 
        Transportation for carrying out this section 
        $10,000,000 for each of the fiscal years [2003 through 
        2006.] 2011 through 2014.
          (2) Department of energy.--There is authorized to be 
        appropriated to the Secretary of Energy for carrying 
        out this section $10,000,000 for each of the fiscal 
        years [2003 through 2006.] 2011 through 2014.
          (3) National institute of standards and technology.--
        There is authorized to be appropriated to the Director 
        of the National Institute of Standards and Technology 
        for carrying out this section $5,000,000 for each of 
        the fiscal years [2003 through 2006.] 2011 through 
        2014.
          (4) General revenue funding.--Any sums appropriated 
        under this subsection shall be derived from general 
        revenues and may not be derived from amounts collected 
        under section 60301 of title 49, United States Code.
  (g) Pipeline Integrity Program.--Of the amounts available in 
the Oil Spill Liability Trust Fund established by section 9509 
of the Internal Revenue Code of 1986 (26 U.S.C. 9509), 
$3,000,000 shall be transferred to the Secretary of 
Transportation, as provided in appropriation Acts, to carry out 
programs for detection, prevention, and mitigation of oil 
spills for each of the fiscal years 2003 through 2006.
  (h) Participating Agencies Defined.--In this section, the 
term ``participating agencies'' means the Department of 
Transportation, the Department of Energy, and the National 
Institute of Standards and Technology.

           *       *       *       *       *       *       *

                        TITLE 49. TRANSPORTATION

                        SUBTITLE VIII. PIPELINES

                          CHAPTER 601. SAFETY

60101. Definitions

  (a) General.--In this chapter [49 USCS  60101 et seq.]--
          (1) ``existing liquefied natural gas facility''--
                  (A) means a liquefied natural gas facility 
                for which an application to approve the site, 
                construction, or operation of the facility was 
                filed before March 1, 1978, with--
                          (i) the Federal Energy Regulatory 
                        Commission (or any predecessor); or
                          (ii) the appropriate State or local 
                        authority, if the facility is not 
                        subject to the jurisdiction of the 
                        Commission under the Natural Gas Act 
                        (15 U.S.C. 717 et seq.); but
                  (B) does not include a facility on which 
                construction is begun after November 29, 1979, 
                without the approval;
          (2) ``gas'' means natural gas, flammable gas, or 
        toxic or corrosive gas;
          (3) ``gas pipeline facility'' includes a pipeline, a 
        right of way, a facility, a building, or equipment used 
        in transporting gas or treating gas during its 
        transportation;
          (4) ``hazardous liquid'' means--
                  (A) petroleum or a petroleum product; [and]
                  (B) non-petroleum fuels, including biofuels 
                that are flammable, toxic, or corrosive or 
                would be harmful to the environment if released 
                in significant quantities; and
                  [(B)] (C) a substance the Secretary of 
                Transportation decides may pose an unreasonable 
                risk to life or property when transported by a 
                hazardous liquid pipeline facility in a liquid 
                state (except for liquefied natural gas);
          (5) ``hazardous liquid pipeline facility'' includes a 
        pipeline, a right of way, a facility, a building, or 
        equipment used or intended to be used in transporting 
        hazardous liquid;
          (6) ``interstate gas pipeline facility'' means a gas 
        pipeline facility--
                  (A) used to transport gas; and
                  (B) subject to the jurisdiction of the 
                Commission under the Natural Gas Act (15 U.S.C. 
                717 et seq.);
          (7) ``interstate hazardous liquid pipeline facility'' 
        means a hazardous liquid pipeline facility used to 
        transport hazardous liquid in interstate or foreign 
        commerce;
          (8) ``interstate or foreign commerce''--
                  (A) related to gas, means commerce--
                          (i) between a place in a State and a 
                        place outside that State; or
                          (ii) that affects any commerce 
                        described in subclause (A)(i) of this 
                        clause; and
                  (B) related to hazardous liquid, means 
                commerce between--
                          (i) a place in a State and a place 
                        outside that State; or
                          (ii) places in the same State through 
                        a place outside the State;
          (9) ``intrastate gas pipeline facility'' means a gas 
        pipeline facility and transportation of gas within a 
        State not subject to the jurisdiction of the Commission 
        under the Natural Gas Act (15 U.S.C. 717 et seq.);
          (10) ``intrastate hazardous liquid pipeline 
        facility'' means a hazardous liquid pipeline facility 
        that is not an interstate hazardous liquid pipeline 
        facility;
          (11) ``liquefied natural gas'' means natural gas in a 
        liquid or semisolid state;
          (12) ``liquefied natural gas accident'' means a 
        release, burning, or explosion of liquefied natural gas 
        from any cause, except a release, burning, or explosion 
        that, under regulations prescribed by the Secretary, 
        does not pose a threat to public health or safety, 
        property, or the environment;
          (13) ``liquefied natural gas conversion'' means 
        conversion of natural gas into liquefied natural gas or 
        conversion of liquefied natural gas into natural gas;
          (14) ``liquefied natural gas pipeline facility''--
                  (A) means a gas pipeline facility used for 
                transporting or storing liquefied natural gas, 
                or for liquefied natural gas conversion, in 
                interstate or foreign commerce; but
                  (B) does not include any part of a structure 
                or equipment located in navigable waters (as 
                defined in section 3 of the Federal Power Act 
                (16 U.S.C. 796));
          (15) ``municipality'' means a political subdivision 
        of a State;
          (16) ``new liquefied natural gas pipeline facility'' 
        means a liquefied natural gas pipeline facility except 
        an existing liquefied natural gas pipeline facility;
          (17) ``person'', in addition to its meaning under 
        section 1 of title 1 (except as to societies), includes 
        a State, a municipality, and a trustee, receiver, 
        assignee, or personal representative of a person;
          (18) ``pipeline facility'' means a gas pipeline 
        facility and a hazardous liquid pipeline facility;
          (19) ``pipeline transportation'' means transporting 
        gas and transporting hazardous liquid;
          (20) ``State'' means a State of the United States, 
        the District of Columbia, and Puerto Rico;
          (21) ``transporting gas''--
                  (A) means--
                          (i) the gathering, transmission, or 
                        distribution of gas by pipeline, or the 
                        storage of gas, in interstate or 
                        foreign commerce; and
                          (ii) the movement of gas through 
                        regulated gathering lines; but
                  (B) does not include the gathering of gas, 
                other than gathering through regulated 
                gathering lines, in those rural locations that 
                are located outside the limits of any 
                incorporated or unincorporated city, town, or 
                village, or any other designated residential or 
                commercial area (including a subdivision, 
                business, shopping center, or community 
                development) or any similar populated area that 
                the Secretary of Transportation determines to 
                be a nonrural area, except that the term 
                ``transporting gas'' includes the movement of 
                gas through regulated gathering lines;
          (22) ``transporting hazardous liquid''--
                  (A) means--
                          (i) the movement of hazardous liquid 
                        by pipeline, or the storage of 
                        hazardous liquid incidental to the 
                        movement of hazardous liquid by 
                        pipeline, in or affecting interstate or 
                        foreign commerce; and
                          (ii) the movement of hazardous liquid 
                        through regulated gathering lines; but
                  (B) does not include moving hazardous liquid 
                through--
                          (i) gathering lines (except regulated 
                        gathering lines) in a rural area;
                          (ii) onshore production, refining, or 
                        manufacturing facilities; or
                          (iii) storage or in-plant piping 
                        systems associated with onshore 
                        production, refining, or manufacturing 
                        facilities;
          (23) ``risk management'' means the systematic 
        application, by the owner or operator of a pipeline 
        facility, of management policies, procedures, finite 
        resources, and practices to the tasks of identifying, 
        analyzing, assessing, reducing, and controlling risk in 
        order to protect employees, the general public, the 
        environment, and pipeline facilities;
          (24) ``risk management plan'' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility 
        owner or operator that encompasses risk management; and
          (25) ``Secretary'' means the Secretary of 
        Transportation.
  (b) Gathering Lines.--
          (1)(A) Not later than October 24, 1994, the Secretary 
        shall prescribe standards defining the term ``gathering 
        line''.
          (B) In defining ``gathering line'' for gas, the 
        Secretary--
                  (i) shall consider functional and operational 
                characteristics of the lines to be included in 
                the definition; and
                  (ii) is not bound by a classification the 
                Commission establishes under the Natural Gas 
                Act (15 U.S.C. 717 et seq.).
          (2)(A) Not later than October 24, 1995, the 
        Secretary, if appropriate, shall prescribe standards 
        defining the term ``regulated gathering line''. In 
        defining the term, the Secretary shall consider factors 
        such as location, length of line from the well site, 
        operating pressure, throughput, and the composition of 
        the transported gas or hazardous liquid, as 
        appropriate, in deciding on the types of lines that 
        functionally are gathering but should be regulated 
        under this chapter [49 USCS  60101 et seq.] because 
        of specific physical characteristics.
          (B)(i) The Secretary also shall consider diameter 
        when defining ``regulated gathering line'' for 
        hazardous liquid.
          (ii) The definition of ``regulated gathering line'' 
        for hazardous liquid may not include a crude oil 
        gathering line that has a nominal diameter of not more 
        than 6 inches, is operated at low pressure, and is 
        located in a rural area that is not unusually sensitive 
        to environmental damage.

60102. Purpose and general authority

  (a) Purpose and Minimum Safety Standards.--
          (1) Purpose.--The purpose of this chapter [49 USCS  
        60101 et seq.] is to provide adequate protection 
        against risks to life and property posed by pipeline 
        transportation and pipeline facilities by improving the 
        regulatory and enforcement authority of the Secretary 
        of Transportation.
          (2) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for pipeline 
        transportation and for pipeline facilities. The 
        standards--
                  (A) apply to [owners and operators] any or 
                all of the owners or operators of pipeline 
                facilities;
                  (B) may apply to the design, installation, 
                inspection, emergency plans and procedures, 
                testing, construction, extension, operation, 
                replacement, and maintenance of pipeline 
                facilities; and
                  (C) shall include a requirement that all 
                individuals who operate and maintain pipeline 
                facilities shall be qualified to operate and 
                maintain the pipeline facilities.
          (3) Qualifications of pipeline operators.--The 
        qualifications applicable to an individual who operates 
        and maintains a pipeline facility shall address the 
        ability to recognize and react appropriately to 
        abnormal operating conditions that may indicate a 
        dangerous situation or a condition exceeding design 
        limits. The operator of a pipeline facility shall 
        ensure that employees who operate and maintain the 
        facility are qualified to operate and maintain the 
        pipeline facilities.
  (b) Practicability and Safety Needs Standards.--
          (1) In general.--A standard prescribed under 
        subsection (a) shall be--
                  (A) practicable; and
                  (B) designed to meet the need for--
                          (i) gas pipeline safety, or safely 
                        transporting hazardous liquids, as 
                        appropriate; and
                          (ii) protecting the environment.
          (2) Factors for consideration.--When prescribing any 
        standard under this section or section 60101(b), 60103, 
        60108, 60109, 60110, or 60113 [49 USCS  60101(b), 
        60103, 60108, 60109, 60110, or 60113], the Secretary 
        shall consider--
                  (A) relevant available--
                          (i) gas pipeline safety information;
                          (ii) hazardous liquid pipeline safety 
                        information; and
                          (iii) environmental information;
                  (B) the appropriateness of the standard for 
                the particular type of pipeline transportation 
                or facility;
                  (C) the reasonableness of the standard;
                  (D) based on a risk assessment, the 
                reasonably identifiable or estimated benefits 
                expected to result from implementation or 
                compliance with the standard;
                  (E) based on a risk assessment, the 
                reasonably identifiable or estimated costs 
                expected to result from implementation or 
                compliance with the standard;
                  (F) comments and information received from 
                the public; and
                  (G) the comments and recommendations of the 
                Technical Pipeline Safety Standards Committee, 
                the Technical Hazardous Liquid Pipeline Safety 
                Standards Committee, or both, as appropriate.
          (3) Risk assessment.--In conducting a risk assessment 
        referred to in subparagraphs (D) and (E) of paragraph 
        (2), the Secretary shall--
                  (A) identify the regulatory and nonregulatory 
                options that the Secretary considered in 
                prescribing a proposed standard;
                  (B) identify the costs and benefits 
                associated with the proposed standard;
                  (C) include--
                          (i) an explanation of the reasons for 
                        the selection of the proposed standard 
                        in lieu of the other options 
                        identified; and
                          (ii) with respect to each of those 
                        other options, a brief explanation of 
                        the reasons that the Secretary did not 
                        select the option; and
                  (D) identify technical data or other 
                information upon which the risk assessment 
                information and proposed standard is based.
          (4) Review.--
                  (A) In general.--The Secretary shall--
                          (i) submit any risk assessment 
                        information prepared under paragraph 
                        (3) of this subsection to the Technical 
                        Pipeline Safety Standards Committee, 
                        the Technical Hazardous Liquid Pipeline 
                        Safety Standards Committee, or both, as 
                        appropriate; and
                          (ii) make that risk assessment 
                        information available to the general 
                        public.
                  (B) Peer review panels.--The committees 
                referred to in subparagraph (A) shall serve as 
                peer review panels to review risk assessment 
                information prepared under this section. Not 
                later than 90 days after receiving risk 
                assessment information for review pursuant to 
                subparagraph (A), each committee that receives 
                that risk assessment information shall prepare 
                and submit to the Secretary a report that 
                includes--
                          (i) an evaluation of the merit of the 
                        data and methods used; and
                          (ii) any recommended options relating 
                        to that risk assessment information and 
                        the associated standard that the 
                        committee determines to be appropriate.
                  (C) Review by Secretary.--Not later than 90 
                days after receiving a report submitted by a 
                committee under subparagraph (B), the 
                Secretary--
                          (i) shall review the report;
                          (ii) shall provide a written response 
                        to the committee that is the author of 
                        the report concerning all significant 
                        peer review comments and recommended 
                        alternatives contained in the report; 
                        and
                          (iii) may revise the risk assessment 
                        and the proposed standard before 
                        promulgating the final standard.
          (5) Secretarial decision making.--Except where 
        otherwise required by statute, the Secretary shall 
        propose or issue a standard under this Chapter only 
        upon a reasoned determination that the benefits of the 
        intended standard justify its costs.
          (6) Exceptions from application.--The requirements of 
        subparagraphs (D) and (E) of paragraph (2) do not apply 
        when--
                  (A) the standard is the product of a 
                negotiated rulemaking, or other rulemaking 
                including the adoption of industry standards 
                that receives no significant adverse comment 
                within 60 days of notice in the Federal 
                Register;
                  (B) based on a recommendation (in which 
                three-fourths of the members voting concur) by 
                the Technical Pipeline Safety Standards 
                Committee, the Technical Hazardous Liquid 
                Pipeline Safety Standards Committee, or both, 
                as applicable, the Secretary waives the 
                requirements; or
                  (C) the Secretary finds, pursuant to section 
                553(b)(3)(B) of title 5, United States Code, 
                that notice and public procedure are not 
                required.
          (7) Report.--Not later than March 31, 2000, the 
        Secretary shall transmit to the Congress a report 
        that--
                  (A) describes the implementation of the risk 
                assessment requirements of this section, 
                including the extent to which those 
                requirements have affected regulatory 
                decisionmaking and pipeline safety; and
                  (B) includes any recommendations that the 
                Secretary determines would make the risk 
                assessment process conducted pursuant to the 
                requirements under this chapter a more 
                effective means of assessing the benefits and 
                costs associated with alternative regulatory 
                and nonregulatory options in prescribing 
                standards under the Federal pipeline safety 
                regulatory program under this chapter [49 USCS 
                 60101 et seq.].
  (c) Public Safety Program Requirements.--
          (1) The Secretary shall include in the standards 
        prescribed under subsection (a) of this section a 
        requirement that an operator of a gas pipeline facility 
        participate in a public safety program that--
                  (A) notifies an operator of proposed 
                demolition, excavation, tunneling, or 
                construction near or affecting the facility;
                  (B) requires an operator to identify a 
                pipeline facility that may be affected by the 
                proposed demolition, excavation, tunneling, or 
                construction, to prevent damaging the facility; 
                and
                  (C) the Secretary decides will protect a 
                facility adequately against a hazard caused by 
                demolition, excavation, tunneling, or 
                construction.
          (2) To the extent a public safety program referred to 
        in paragraph (1) of this subsection is not available, 
        the Secretary shall prescribe standards requiring an 
        operator to take action the Secretary prescribes to 
        provide services comparable to services that would be 
        available under a public safety program.
          (3) The Secretary may include in the standards 
        prescribed under subsection (a) of this section a 
        requirement that an operator of a hazardous liquid 
        pipeline facility participate in a public safety 
        program meeting the requirements of paragraph (1) of 
        this subsection or maintain and carry out a damage 
        prevention program that provides services comparable to 
        services that would be available under a public safety 
        program.
          (4) Promoting public awareness.--
                  (A) Not later than one year after the date of 
                enactment of the Accountable Pipeline Safety 
                and Accountability Act of 1996 [enacted Oct. 
                12, 1996], and annually thereafter, the owner 
                or operator of each interstate gas pipeline 
                facility shall provide to the governing body of 
                each municipality in which the interstate gas 
                pipeline facility is located, a map identifying 
                the location of such facility.
                  (B)(i) Not later than June 1, 1998, the 
                Secretary shall survey and assess the public 
                education programs under section 60116 [49 USCS 
                 60116] and the public safety programs under 
                section 60102(c) [49 USCS  60102(c)] and 
                determine their effectiveness and applicability 
                as components of a model program. In 
                particular, the survey shall include the 
                methods by which operators notify residents of 
                the location of the facility and its right of 
                way, public information regarding existing One-
                Call programs, and appropriate procedures to be 
                followed by residents of affected 
                municipalities in the event of accidents 
                involving interstate gas pipeline facilities.
                  (ii) Not later than one year after the survey 
                and assessment are completed, the Secretary 
                shall institute a rulemaking to determine the 
                most effective public safety and education 
                program components and promulgate if 
                appropriate, standards implementing those 
                components on a nationwide basis. In the event 
                that the Secretary finds that promulgation of 
                such standards are not appropriate, the 
                Secretary shall report to Congress the reasons 
                for that finding.
  (d) Facility Operation Information Standards.--The Secretary 
shall prescribe minimum standards requiring an operator of a 
pipeline facility subject to this chapter [49 USCS  60101 et 
seq.] to maintain, to the extent practicable, information 
related to operating the facility as required by the standards 
prescribed under this chapter [49 USCS  60101 et seq.] and, 
when requested, to make the information available to the 
Secretary and an appropriate State official as determined by 
the Secretary. The information shall include--
          (1) the business name, address, and telephone number, 
        including an operations emergency telephone number, of 
        the operator;
          (2) accurate maps and a supplementary geographic 
        description, including an identification of areas 
        described in regulations prescribed under section 60109 
        of this title [49 USCS  60109], that show the location 
        in the State of--
                  (A) major gas pipeline facilities of the 
                operator, including transmission lines and 
                significant distribution lines; and
                  (B) major hazardous liquid pipeline 
                facilities of the operator;
          (3) a description of--
                  (A) the characteristics of the operator's 
                pipelines in the State; and
                  (B) products transported through the 
                operator's pipelines in the State;
          (4) the manual that governs operating and maintaining 
        pipeline facilities in the State;
          (5) an emergency response plan describing the 
        operator's procedures for responding to and containing 
        releases, including--
                  (A) identifying specific action the operator 
                will take on discovering a release;
                  (B) liaison procedures with State and local 
                authorities for emergency response; and
                  (C) communication and alert procedures for 
                immediately notifying State and local officials 
                at the time of a release; and
          (6) other information the Secretary considers useful 
        to inform a State of the presence of pipeline 
        facilities and operations in the State.
  (e) Pipe Inventory Standards.--The Secretary shall prescribe 
minimum standards requiring an operator of a pipeline facility 
subject to this chapter [49 USCS  60101 et seq.] to maintain 
for the Secretary, to the extent practicable, an inventory with 
appropriate information about the types of pipe used for the 
transportation of gas or hazardous liquid, as appropriate, in 
the operator's system and additional information, including the 
material's history and the leak history of the pipe. The 
inventory--
          (1) for a gas pipeline facility, shall include an 
        identification of each facility passing through an area 
        described in regulations prescribed under section 60109 
        of this title [49 USCS  60109] but shall exclude 
        equipment used with the compression of gas; and
          (2) for a hazardous liquid pipeline facility, shall 
        include an identification of each facility and 
        gathering line passing through an area described in 
        regulations prescribed under section 60109 of this 
        title [49 USCS  60109], whether the facility or 
        gathering line otherwise is subject to this chapter [49 
        USCS  60101 et seq.], but shall exclude equipment 
        associated only with the pipeline pumps or storage 
        facilities.
  (f) Standards as Accommodating ``Smart Pigs''.--
          (1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards requiring that--
                  (A) the design and construction of new 
                natural gas transmission pipeline or hazardous 
                liquid pipeline facilities, and
                  (B) when the replacement of existing natural 
                gas transmission pipeline or hazardous liquid 
                pipeline facilities or equipment is required, 
                the replacement of such existing facilities be 
                carried out, to the extent practicable, in a 
                manner so as to accommodate the passage through 
                such natural gas transmission pipeline or 
                hazardous liquid pipeline facilities of 
                instrumented internal inspection devices 
                (commonly referred to as ``smart pigs''). The 
                Secretary may extend such standards to require 
                existing natural gas transmission pipeline or 
                hazardous liquid pipeline facilities, whose 
                basic construction would accommodate an 
                instrumented internal inspection device to be 
                modified to permit the inspection of such 
                facilities with instrumented internal 
                inspection devices.
          (2) Periodic inspections.--Not later than October 24, 
        1995, the Secretary shall prescribe, if necessary, 
        additional standards requiring the periodic inspection 
        of each pipeline the operator of the pipeline 
        identifies under section 60109 of this title [49 USCS  
        60109]. The standards shall include any circumstances 
        under which an inspection shall be conducted with an 
        instrumented internal inspection device and, if the 
        device is not required, use of an inspection method 
        that is at least as effective as using the device in 
        providing for the safety of the pipeline.
  (g) Effective Dates.--A standard prescribed under this 
section and section 60110 of this title [49 USCS  60110] is 
effective on the 30th day after the Secretary prescribes the 
standard. However, the Secretary for good cause may prescribe a 
different effective date when required because of the time 
reasonably necessary to comply with the standard. The different 
date must be specified in the regulation prescribing the 
standard.
  (h) Safety Condition Reports.--
          (1) The Secretary shall prescribe regulations 
        requiring each operator of a pipeline facility (except 
        a master meter) to submit to the Secretary a written 
        report on any--
                  (A) condition that is a hazard to life, 
                property, or the environment; and
                  (B) safety-related condition that causes or 
                has caused a significant change or restriction 
                in the operation of a pipeline facility.
          (2) The Secretary must receive the report not later 
        than 5 working days after a representative of a person 
        to which this section applies first establishes that 
        the condition exists. Notice of the condition shall be 
        given concurrently to appropriate State authorities.
  [(i) Carbon Dioxide Regulation.--The Secretary shall regulate 
carbon dioxide transported by a hazardous liquid pipeline 
facility. The Secretary shall prescribe standards related to 
hazardous liquid to ensure the safe transportation of carbon 
dioxide by such a facility.]
  (i) Pipelines Transporting Carbon Dioxide.--The Secretary 
shall prescribe minimum safety standards for the transportation 
of carbon dioxide by pipeline in either a liquid or gaseous 
state.
  (j) Emergency Flow Restricting Devices.--
          (1) Not later than October 24, 1994, the Secretary 
        shall survey and assess the effectiveness of emergency 
        flow restricting devices (including remotely controlled 
        valves and check valves) and other procedures, systems, 
        and equipment used to detect and locate hazardous 
        liquid pipeline ruptures and minimize product releases 
        from hazardous liquid pipeline facilities.
          (2) Not later than 2 years after the survey and 
        assessment are completed, the Secretary shall prescribe 
        standards on the circumstances under which an operator 
        of a hazardous liquid pipeline facility must use an 
        emergency flow restricting device or other procedure, 
        system, or equipment described in paragraph (1) of this 
        subsection on the facility.
          (3) Remotely controlled valves.--
                  (A) Not later than June 1, 1998, the 
                Secretary shall survey and assess the 
                effectiveness of remotely controlled valves to 
                shut off the flow of natural gas in the event 
                of a rupture of an interstate natural gas 
                pipeline facility and shall make a 
                determination about whether the use of remotely 
                controlled valves is technically and 
                economically feasible and would reduce risks 
                associated with a rupture of an interstate 
                natural gas pipeline facility.
                  (B) Not later than one year after the survey 
                and assessment are completed, if the Secretary 
                has determined that the use of remotely 
                controlled valves is technically and 
                economically feasible and would reduce risks 
                associated with a rupture of an interstate 
                natural gas pipeline facility, the Secretary 
                shall prescribe standards under which an 
                operator of an interstate natural gas pipeline 
                facility must use a remotely controlled valve. 
                These standards shall include, but not be 
                limited to, requirements for high-density 
                population areas.
  (k) Low-stress Hazardous Liquid Pipelines.--
          (1) Minimum standards.--Not later than December 31, 
        2007, the Secretary shall issue regulations subjecting 
        low-stress hazardous liquid pipelines to the same 
        standards and regulations as other hazardous liquid 
        pipelines, except as provided in paragraph (3). The 
        implementation of the applicable standards and 
        regulatory requirements may be phased in. [The 
        regulations issued under this paragraph shall not apply 
        to gathering lines.] Not later than 1 year after the 
        date of enactment of the Pipeline Transportation Safety 
        Improvement Act of 2011, the Secretary shall issue 
        regulations, after notice and an opportunity for a 
        hearing, subjecting offshore hazardous liquid gathering 
        pipelines and hazardous liquid gathering pipelines 
        located within the inlets of the Gulf of Mexico to the 
        same standards and regulations as other hazardous 
        liquid gathering pipelines. The regulations issued 
        under this paragraph shall not apply to lowstress 
        distribution pipelines.
          (2) General prohibition against low internal stress 
        exception.--Except as provided in paragraph (3), the 
        Secretary may not provide an exception to the 
        requirements of this chapter [49 USCS  60101 et seq.] 
        for a hazardous liquid pipeline because the pipeline 
        operates at low internal stress.
          (3) Limited exceptions.--The Secretary shall provide 
        or continue in force exceptions to this subsection for 
        low-stress hazardous liquid pipelines that--
                  (A) are subject to safety regulations of the 
                United States Coast Guard; or
                  (B) serve refining, manufacturing, or truck, 
                rail, or vessel terminal facilities if the 
                pipeline is less than 1 mile long (measured 
                outside the facility grounds) and does not 
                cross an offshore area or a waterway currently 
                used for commercial navigation, until 
                regulations issued under paragraph (1) become 
                effective. After such regulations become 
                effective, the Secretary may retain or remove 
                those exceptions as appropriate.
          (4) Relationship to other laws.--Nothing in this 
        subsection shall be construed to prohibit or otherwise 
        affect the applicability of any other statutory or 
        regulatory exemption to any hazardous liquid pipeline.
          (5) Definition.--For purposes of this subsection, the 
        term ``low-stress hazardous liquid pipeline'' means a 
        hazardous liquid pipeline that is operated in its 
        entirety at a stress level of 20 percent or less of the 
        specified minimum yield strength of the line pipe.
          (6) Effective date.--The requirements of this 
        subsection shall not take effect as to low-stress 
        hazardous liquid pipeline operators before the 
        effective date of the rules promulgated by the 
        Secretary under this subsection.
  (l) Updating Standards.--The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry 
standards that have been adopted as part of the Federal 
pipeline safety regulatory program under this chapter [49 USCS 
 60101 et seq.].
  (m) Inspections by Direct Assessment.--Not later than 1 year 
after the date of the enactment of this subsection [enacted 
Dec. 17, 2002], the Secretary shall issue regulations 
prescribing standards for inspection of a pipeline facility by 
direct assessment.
  (n) Automatic and Remote-controlled Shutoff Valves.--Not 
later than 2 years after the date of enactment of the Pipeline 
Transportation Safety Improvement Act of 2011, the Secretary 
shall by regulation, after notice and an opportunity for a 
hearing, require the use of automatic or remote-controlled 
shut-off valves, or equivalent technology, where economically, 
technically, and operationally feasible on transmission 
pipelines constructed or entirely replaced after the date on 
which the Secretary issues a final rule.
  (o) Transportation-related Oil Flow Lines.--
          (1) Data collection.--The Secretary may collect 
        geospatial, technical, or other pipeline data on 
        transportation-related oil flow lines, including 
        unregulated transportation-related oil flow lines.
          (2) Transportation-related oil flow line defined.--In 
        this subsection, the term ``transportation-related oil 
        flow line'' means a pipeline transporting oil off of 
        the grounds of the well where it originated across 
        areas not owned by the producer regardless of the 
        extent to which the oil has been processed, if at all.
          (3) Limitation.--Nothing in this subsection 
        authorizes the Secretary to prescribe standards for the 
        movement of oil through production, refining, or 
        manufacturing facilities, or through oil production 
        flow lines located on the grounds of wells.

60107. State pipeline safety grants

  (a) General Authority.--If a State authority files an 
application not later than September 30 of a calendar year, the 
Secretary of Transportation shall pay not more than 80 percent 
of the cost of the personnel, equipment, and activities the 
authority reasonably requires during the next calendar year--
          (1) to carry out a safety program under a 
        certification under section 60105 of this title [49 
        USCS  60105] or an agreement under section 60106 of 
        this title [49 USCS  60106]; or
          (2) to act as an agent of the Secretary on interstate 
        gas pipeline facilities or interstate hazardous liquid 
        pipeline facilities.
  [(b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment 
when the Secretary decides that the authority is not carrying 
out satisfactorily a safety program or not acting 
satisfactorily as an agent. The Secretary may pay an authority 
under this section only when the authority ensures the 
Secretary that it will provide the remaining costs of a safety 
program and that the total State amount spent for a safety 
program (excluding grants of the United States Government) will 
at least equal the average amount spent for gas and hazardous 
liquid safety programs for the 3 fiscal years prior to the 
fiscal year in which the Secretary makes the payment, except 
when the Secretary waives this requirement.]
  (b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment 
when the Secretary decides that the authority is not carrying 
out satisfactorily a safety program or not acting 
satisfactorily as an agent. The Secretary may pay an authority 
under this section only when the authority ensures the 
Secretary that it will provide the remaining costs of a safety 
program and that the total State amount spent for a safety 
program (excluding grants of the United States Government) will 
at least equal the average amount spent for gas and hazardous 
liquid safety programs for fiscal years 2004 through 2006, 
except when the Secretary waives the requirements of this 
subsection. The Secretary shall grant such a waiver if a State 
can demonstrate an inability to maintain or increase the 
required funding share of its pipeline safety program at or 
above the level required by this subsection due to economic 
hardship in that State.
  (c) Apportionment and Method of Payment.--The Secretary shall 
apportion the amount appropriated to carry out this section 
among the States. A payment may be made under this section in 
installments, in advance, or on a reimbursable basis.
  (d) Additional Authority and Considerations.--
          (1) The Secretary may prescribe--
                  (A) the form of, and way of filing, an 
                application under this section;
                  (B) reporting and fiscal procedures the 
                Secretary considers necessary to ensure the 
                proper accounting of money of the Government; 
                and
                  (C) qualifications for a State to meet to 
                receive a payment under this section, including 
                qualifications for State employees who perform 
                inspection activities under section 60105 or 
                60106 of this title [49 USCS  60105 or 60106].
          (2) The qualifications prescribed under paragraph 
        (1)(C) of this subsection may--
                  (A) consider the experience and training of 
                the employee;
                  (B) order training or other requirements; and
                  (C) provide for approval of qualifications on 
                a conditional basis until specified 
                requirements are met.

60108. Inspection and maintenance

  (a) Plans.--
          (1) Each person owning or operating [an intrastate] a 
        gas pipeline facility or hazardous liquid pipeline 
        facility shall carry out a current written plan 
        (including any changes) for inspection and maintenance 
        of each facility used in the transportation and owned 
        or operated by the person. A copy of the plan shall be 
        kept at any office of the person the Secretary of 
        Transportation considers appropriate. The Secretary 
        also may require a person owning or operating a 
        pipeline facility subject to this chapter [49 USCS  
        60101 et seq.] to file a plan for inspection and 
        maintenance for approval.
          (2) If the Secretary or a State authority responsible 
        for enforcing standards prescribed under this chapter 
        [49 USCS  60101 et seq.] decides that a plan required 
        under paragraph (1) of this subsection is inadequate 
        for safe operation, the Secretary or authority shall 
        require the person to revise the plan. Revision may be 
        required only after giving notice and an opportunity 
        for a hearing. A plan required under paragraph (1) must 
        be practicable and designed to meet the need for 
        pipeline safety and must include terms designed to 
        enhance the ability to discover safety-related 
        conditions described in section 60102(h)(1) of this 
        title [49 USCS  60102(h)(1)]. In deciding on the 
        adequacy of a plan, the Secretary or authority shall 
        consider--
                  (A) relevant available pipeline safety 
                information;
                  (B) the appropriateness of the plan for the 
                particular kind of pipeline transportation or 
                facility;
                  (C) the reasonableness of the plan; and
                  (D) the extent to which the plan will 
                contribute to public safety and the protection 
                of the environment.
          (3) A plan required under this subsection shall be 
        made available to the Secretary or State authority on 
        request under section 60117 of this title [49 USCS  
        60117].
  (b) Inspection and Testing.--
          (1) The Secretary shall inspect and require 
        appropriate testing of a pipeline facility subject to 
        this chapter [49 USCS  60101 et seq.] that is not 
        covered by a certification under section 60105 of this 
        title [49 USCS  60105] or an agreement under section 
        60106 of this title [49 USCS  60106]. The Secretary 
        shall decide on the frequency and type of inspection 
        and testing under this subsection on a case-by-case 
        basis after considering the following:
                  (A) the location of the pipeline facility.
                  (B) the type, size, age, manufacturer, method 
                of construction, and condition of the pipeline 
                facility.
                  (C) the nature and volume of material 
                transported through the pipeline facility.
                  (D) the pressure at which that material is 
                transported.
                  (E) climatic, geologic, and seismic 
                characteristics (including soil 
                characteristics) and conditions of the area in 
                which the pipeline facility is located.
                  (F) existing and projected population and 
                demographic characteristics of the area in 
                which the pipeline facility is located.
                  (G) for a hazardous liquid pipeline facility, 
                the proximity of the area in which the facility 
                is located to an area that is unusually 
                sensitive to environmental damage.
                  (H) the frequency of leaks.
                  (I) other factors the Secretary decides are 
                relevant to the safety of pipeline facilities.
          (2) To the extent and in amounts provided in advance 
        in an appropriation law, the Secretary shall decide on 
        the frequency of inspection under paragraph (1) of this 
        subsection. The Secretary may reduce the frequency of 
        an inspection of a master meter system.
          (3) Testing under this subsection shall use the most 
        appropriate technology practicable.
  (c) Pipeline facilities offshore and in other waters.--
          (1) In this subsection--
                  (A) ``abandoned'' means permanently removed 
                from service.
                  (B) ``pipeline facility'' includes an 
                underwater abandoned pipeline facility.
                  (C) if a pipeline facility has no operator, 
                the most recent operator of the facility is 
                deemed to be the operator of the facility.
          (2)(A) Not later than May 16, 1993, on the basis of 
        experience with the inspections under section 
        3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 
        1968 or section 203(l)(1)(A) of the Hazardous Liquid 
        Pipeline Safety Act of 1979, as appropriate, and any 
        other information available to the Secretary, the 
        Secretary shall establish a mandatory, systematic, and, 
        where appropriate, periodic inspection program of--
                  (i) all offshore pipeline facilities; and
                  (ii) any other pipeline facility crossing 
                under, over, or through waters where a 
                substantial likelihood of commercial navigation 
                exists, if the Secretary decides that the 
                location of the facility in those waters could 
                pose a hazard to navigation or public safety.
          (B) In prescribing standards to carry out 
        subparagraph (A) of this paragraph--
                  (i) the Secretary shall identify what is a 
                hazard to navigation with respect to an 
                underwater abandoned pipeline facility; and
                  (ii) for an underwater pipeline facility 
                abandoned after October 24, 1992, the Secretary 
                shall include requirements that will lessen the 
                potential that the facility will pose a hazard 
                to navigation and shall consider the 
                relationship between water depth and 
                navigational safety and factors relevant to the 
                local marine environment.
          (3)(A) The Secretary shall establish by regulation a 
        program requiring an operator of a pipeline facility 
        described in paragraph (2) of this subsection to report 
        a potential or existing navigational hazard involving 
        that pipeline facility to the Secretary through the 
        appropriate Coast Guard office.
          (B) The operator of a pipeline facility described in 
        paragraph (2) of this subsection that discovers any 
        part of the pipeline facility that is a hazard to 
        navigation shall mark the location of the hazardous 
        part with a Coast-Guard-approved marine buoy or marker 
        and immediately shall notify the Secretary as provided 
        by the Secretary under subparagraph (A) of this 
        paragraph. A marine buoy or marker used under this 
        subparagraph is deemed a pipeline sign or right-of-way 
        marker under section 60123(c) of this title [49 USCS  
        60123(c)].
          (4)(A) The Secretary shall establish a standard that 
        each pipeline facility described in paragraph (2) of 
        this subsection that is a hazard to navigation is 
        buried not later than 6 months after the date the 
        condition of the facility is reported to the Secretary. 
        The Secretary may extend that 6-month period for a 
        reasonable period to ensure compliance with this 
        paragraph.
          (B) In prescribing standards for subparagraph (A) of 
        this paragraph for an underwater pipeline facility 
        abandoned after October 24, 1992, the Secretary shall 
        include requirements that will lessen the potential 
        that the facility will pose a hazard to navigation and 
        shall consider the relationship between water depth and 
        navigational safety and factors relevant to the local 
        marine environment.
          (5)(A) Not later than October 24, 1994, the Secretary 
        shall establish standards on what is an exposed 
        offshore pipeline facility and what is a hazard to 
        navigation under this subsection.
          (B) Not later than 6 months after the Secretary 
        establishes standards under subparagraph (A) of this 
        paragraph, or October 24, 1995, whichever occurs first, 
        the operator of each offshore pipeline facility not 
        described in section 3(h)(1)(A) of the Natural Gas 
        Pipeline Safety Act of 1968 or section 203(l)(1)(A) of 
        the Hazardous Liquid Pipeline Safety Act of 1979, as 
        appropriate, shall inspect the facility and report to 
        the Secretary on any part of the facility that is 
        exposed or is a hazard to navigation. This subparagraph 
        applies only to a facility that is between the high 
        water mark and the point at which the subsurface is 
        under 15 feet of water, as measured from mean low 
        water. An inspection that occurred after October 3, 
        1989, may be used for compliance with this subparagraph 
        if the inspection conforms to the requirements of this 
        subparagraph.
          (C) The Secretary may extend the time period 
        specified in subparagraph (B) of this paragraph for not 
        more than 6 months if the operator of a facility 
        satisfies the Secretary that the operator has made a 
        good faith effort, with reasonable diligence, but has 
        been unable to comply by the end of that period.
          (6)(A) The operator of a pipeline facility abandoned 
        after October 24, 1992, shall report the abandonment to 
        the Secretary in a way that specifies whether the 
        facility has been abandoned properly according to 
        applicable United States Government and State 
        requirements.
          (B) Not later than October 24, 1995, the operator of 
        a pipeline facility abandoned before October 24, 1992, 
        shall report to the Secretary reasonably available 
        information related to the facility, including 
        information that a third party possesses. The 
        information shall include the location, size, date, and 
        method of abandonment, whether the facility has been 
        abandoned properly under applicable law, and other 
        relevant information the Secretary may require. Not 
        later than April 24, 1994, the Secretary shall specify 
        how the information shall be reported. The Secretary 
        shall ensure that the Government maintains the 
        information in a way accessible to appropriate 
        Government agencies and State authorities.
          (C) The Secretary shall request that a State 
        authority having information on a collision between a 
        vessel and an underwater pipeline facility report the 
        information to the Secretary in a timely way and make a 
        reasonable effort to specify the location, date, and 
        severity of the collision. Chapter 35 of title 44 [44 
        USCS  3501 et seq.] does not apply to this 
        subparagraph.
          (7) The Secretary may not exempt from this chapter 
        [49 USCS  60101 et seq.] an offshore hazardous liquid 
        pipeline facility only because the pipeline facility 
        transfers hazardous liquid in an underwater pipeline 
        between a vessel and an onshore facility.
  (d) Replacing Cast Iron Gas Pipelines.--
          (1) The Secretary shall publish a notice on the 
        availability of industry guidelines, developed by the 
        Gas Piping Technology Committee, for replacing cast 
        iron pipelines. Not later than 2 years after the 
        guidelines become available, the Secretary shall 
        conduct a survey of gas pipeline operators with cast 
        iron pipe in their systems to establish--
                  (A) the extent to which each operator has 
                adopted a plan for the safe management and 
                replacement of cast iron;
                  (B) the elements of the plan, including the 
                anticipated rate of replacement; and
                  (C) the progress that has been made.
          (2) Chapter 35 of title 44 [44 USCS  3501 et seq.] 
        does not apply to the conduct of the survey.
          (3) This subsection does not prevent the Secretary 
        from developing Government guidelines or standards for 
        cast iron gas pipelines as the Secretary considers 
        appropriate.
          (4) The secretary shall conduct a follow-up survey to 
        measure progress of plan implementation biannually.

60109. High-density population areas and environmentally sensitive 
                    areas

  (a) Identification Requirements.--Not later than October 24, 
1994, the Secretary of Transportation shall prescribe standards 
that--
          (1) establish criteria for identifying--
                  (A) by operators of gas pipeline facilities, 
                each gas pipeline facility (except a natural 
                gas distribution line) located in a high-
                density population area; and
                  (B) by operators of hazardous liquid pipeline 
                facilities and gathering lines--
                          (i) each hazardous liquid pipeline 
                        facility, whether otherwise subject to 
                        this chapter [49 USCS  60101 et 
                        seq.], that crosses waters where a 
                        substantial likelihood of commercial 
                        navigation exists or that is located in 
                        an area described in the criteria as a 
                        high-density population area; and
                          (ii) each hazardous liquid pipeline 
                        facility and gathering line, whether 
                        otherwise subject to this chapter [49 
                        USCS  60101 et seq.], located in an 
                        area that the Secretary, in 
                        consultation with the Administrator of 
                        the Environmental Protection Agency, 
                        describes as unusually sensitive to 
                        environmental damage if there is a 
                        hazardous liquid pipeline accident; and
          (2) provide that the identification be carried out 
        through the inventory required under section 60102(e) 
        of this title [49 USCS  60102(e)].
  (b) Areas to be Included as Unusually Sensitive.--When 
describing areas that are unusually sensitive to environmental 
damage if there is a hazardous liquid pipeline accident, the 
Secretary shall consider areas where a pipeline rupture would 
likely cause permanent or long-term environmental damage, 
including--
          (1) locations near pipeline rights-of-way that are 
        critical to drinking water, including intake locations 
        for community water systems and critical sole source 
        aquifer protection areas; and
          (2) locations near pipeline rights-of-way that have 
        been identified as critical wetlands, riverine or 
        estuarine systems, national parks, wilderness areas, 
        wildlife preservation areas or refuges, wild and scenic 
        rivers, or critical habitat areas for threatened and 
        endangered species.
  (c) Risk Analysis and Integrity Management Programs.--
          (1) Requirement.--Each operator of a gas pipeline 
        facility shall conduct an analysis of the risks to each 
        facility of the operator located in an area identified 
        pursuant to subsection (a)(1) and defined in chapter 
        192 of title 49, Code of Federal Regulations, including 
        any subsequent modifications, and shall adopt and 
        implement a written integrity management program for 
        such facility to reduce the risks.
          (2) Regulations.--
                  (A) In general.--Not later than 12 months 
                after the date of enactment of this subsection 
                [enacted Dec. 17, 2002], the Secretary shall 
                issue regulations prescribing standards to 
                direct an operator's conduct of a risk analysis 
                and adoption and implementation of an integrity 
                management program under this subsection. The 
                regulations shall require an operator to 
                conduct a risk analysis and adopt an integrity 
                management program within a time period 
                prescribed by the Secretary, ending not later 
                than 24 months after such date of enactment. 
                Not later than 18 months after such date of 
                enactment, each operator of a gas pipeline 
                facility shall begin a baseline integrity 
                assessment described in paragraph (3).
                  (B) Authority to issue regulations.--The 
                Secretary may satisfy the requirements of this 
                paragraph through the issuance of regulations 
                under this paragraph or under other authority 
                of law.
          (3) Minimum requirements of integrity management 
        programs.--An integrity management program required 
        under paragraph (1) shall include, at a minimum, the 
        following requirements:
                  (A) A baseline integrity assessment of each 
                of the operator's facilities in areas 
                identified pursuant to subsection (a)(1) and 
                defined in chapter 192 of title 49, Code of 
                Federal Regulations, including any subsequent 
                modifications, by internal inspection device, 
                pressure testing, direct assessment, or an 
                alternative method that the Secretary 
                determines would provide an equal or greater 
                level of safety. The operator shall complete 
                such assessment not later than 10 years after 
                the date of enactment of this subsection 
                [enacted Dec. 17, 2002]. At least 50 percent of 
                such facilities shall be assessed not later 
                than 5 years after such date of enactment. The 
                operator shall prioritize such facilities for 
                assessment based on all risk factors, including 
                any previously discovered defects or anomalies 
                and any history of leaks, repairs, or failures. 
                The operator shall ensure that assessments of 
                facilities with the highest risks are given 
                priority for completion and that such 
                assessments will be completed not later than 5 
                years after such date of enactment.
                  (B) Subject to paragraph (5), periodic 
                reassessment of the facility, at a minimum of 
                once every 7 years, using methods described in 
                subparagraph (A).
                  (C) Clearly defined criteria for evaluating 
                the results of assessments conducted under 
                subparagraphs (A) and (B) and for taking 
                actions based on such results.
                  (D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility 
                and the consequences of releases from the 
                facility.
                  (E) A description of actions to be taken by 
                the operator to promptly address any integrity 
                issue raised by an evaluation conducted under 
                subparagraph (C) or the analysis conducted 
                under subparagraph (D).
                  (F) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility.
                  (G) A method for monitoring cathodic 
                protection systems throughout the pipeline 
                system of the operator to the extent not 
                addressed by other regulations.
                  (H) If the Secretary raises a safety concern 
                relating to the facility, a description of the 
                actions to be taken by the operator to address 
                the safety concern, including issues raised 
                with the Secretary by States and local 
                authorities under an agreement entered into 
                under section 60106 [49 USCS  60106].
          (4) Treatment of baseline integrity assessments.--In 
        the case of a baseline integrity assessment conducted 
        by an operator in the period beginning on the date of 
        enactment of this subsection [enacted Dec. 17, 2002] 
        and ending on the date of issuance of regulations under 
        this subsection, the Secretary shall accept the 
        assessment as complete, and shall not require the 
        operator to repeat any portion of the assessment, if 
        the Secretary determines that the assessment was 
        conducted in accordance with the requirements of this 
        subsection.
          (5) Waivers and modifications.--In accordance with 
        section 60118(c) [49 USCS  60118(c)], the Secretary 
        may waive or modify any requirement for reassessment of 
        a facility under paragraph (3)(B) for reasons that may 
        include the need to maintain local product supply or 
        the lack of internal inspection devices if the 
        Secretary determines that such waiver is not 
        inconsistent with pipeline safety.
          (6) Standards.--The standards prescribed by the 
        Secretary under paragraph (2) shall address each of the 
        following factors:
                  (A) The minimum requirements described in 
                paragraph (3).
                  (B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to 
                the minimum requirements of paragraph (3)(B).
                  (C) The manner in which the inspections or 
                testing are conducted.
                  (D) The criteria used in analyzing results of 
                the inspections or testing.
                  (E) The types of information sources that 
                must be integrated in assessing the integrity 
                of a pipeline facility as well as the manner of 
                integration.
                  (F) The nature and timing of actions selected 
                to address the integrity of a pipeline 
                facility.
                  (G) Such other factors as the Secretary 
                determines appropriate to ensure that the 
                integrity of a pipeline facility is addressed 
                and that appropriate mitigative measures are 
                adopted to protect areas identified under 
                subsection (a)(1).
        In prescribing those standards, the Secretary shall 
        ensure that all inspections required are conducted in a 
        manner that minimizes environmental and safety risks, 
        and shall take into account the applicable level of 
        protection established by national consensus standards 
        organizations.
          (7) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a 
        pipeline facility to include in an integrity management 
        program under this subsection--
                  (A) changes to valves or the establishment or 
                modification of systems that monitor pressure 
                and detect leaks based on the operator's risk 
                analysis; and
                  (B) the use of emergency flow restricting 
                devices.
          (8) Lack of regulations.--In the absence of 
        regulations addressing the elements of an integrity 
        management program described in this subsection, the 
        operator of a pipeline facility shall conduct a risk 
        analysis and adopt and implement an integrity 
        management program described in this subsection not 
        later than 24 months after the date of enactment of 
        this subsection [enacted Dec. 17, 2002] and shall 
        complete the baseline integrity assessment described in 
        this subsection not later than 10 years after such date 
        of enactment. At least 50 percent of such facilities 
        shall be assessed not later than 5 years after such 
        date of enactment. The operator shall prioritize such 
        facilities for assessment based on all risk factors, 
        including any previously discovered defects or 
        anomalies and any history of leaks, repairs, or 
        failures. The operator shall ensure that assessments of 
        facilities with the highest risks are given priority 
        for completion and that such assessments will be 
        completed not later than 5 years after such date of 
        enactment.
          (9) Review of integrity management programs.--
                  (A) Review of programs.--
                          (i) In general.--The Secretary shall 
                        review a risk analysis and integrity 
                        management program under paragraph (1) 
                        and record the results of that review 
                        for use in the next review of an 
                        operator's program.
                          (ii) Context of review.--The 
                        Secretary may conduct a review under 
                        clause (i) as an element of the 
                        Secretary's inspection of an operator.
                          (iii) Inadequate programs.--If the 
                        Secretary determines that a risk 
                        analysis or integrity management 
                        program does not comply with the 
                        requirements of this subsection or 
                        regulations issued as described in 
                        paragraph (2), has not been adequately 
                        implemented, or is inadequate for the 
                        safe operation of a pipeline facility, 
                        the Secretary may conduct proceedings 
                        under this chapter [49 USCS  60101 et 
                        seq.].
                  (B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an 
                operator of a pipeline facility shall notify 
                the Secretary of any amendment made to the 
                operator's integrity management program not 
                later than 30 days after the date of adoption 
                of the amendment. The Secretary shall review 
                any such amendment in accordance with this 
                paragraph.
                  (C) Transmittal of programs to State 
                authorities.--The Secretary shall provide a 
                copy of each risk analysis and integrity 
                management program reviewed by the Secretary 
                under this paragraph to any appropriate State 
                authority with which the Secretary has entered 
                into an agreement under section 60106 [49 USCS 
                 60106].
          (10) State review of integrity management plans.--A 
        State authority that enters into an agreement pursuant 
        to section 60106 [49 USCS  60106], permitting the 
        State authority to review the risk analysis and 
        integrity management program pursuant to paragraph (9), 
        may provide the Secretary with a written assessment of 
        the risk analysis and integrity management program, 
        make recommendations, as appropriate, to address safety 
        concerns not adequately addressed by the operator's 
        risk analysis or integrity management program, and 
        submit documentation explaining the State-proposed 
        revisions. The Secretary shall consider carefully the 
        State's proposals and work in consultation with the 
        States and operators to address safety concerns.
          (11) Application of standards.--Section 60104(b) [49 
        USCS  60104(b)] shall not apply to this section.
  (d) Evaluation of Integrity Management Regulations.--Not 
later than 4 years after the date of enactment of this 
subsection [enacted Dec. 17, 2002], the Comptroller General 
shall complete an assessment and evaluation of the effects on 
public safety and the environment of the requirements for the 
implementation of integrity management programs contained in 
the standards prescribed as described in subsection (c)(2).
  (e) Distribution Integrity Management Programs.--
          (1) Minimum standards.--Not later than December 31, 
        2007, the Secretary shall prescribe minimum standards 
        for integrity management programs for distribution 
        pipelines.
          (2) Additional authority of Secretary.--In carrying 
        out this subsection, the Secretary may require 
        operators of distribution pipelines to continually 
        identify and assess risks on their distribution lines, 
        to remediate conditions that present a potential threat 
        to line integrity, and to monitor program 
        effectiveness.
          (3) Excess flow valves.--
                  (A) In general.--The minimum standards shall 
                include a requirement for an operator of a 
                natural gas distribution system to install an 
                excess flow valve on each single family 
                residence service line connected to such system 
                if--
                          (i) the service line is installed or 
                        entirely replaced after June 1, 2008;
                          (ii) the service line operates 
                        continuously throughout the year at a 
                        pressure not less than 10 pounds per 
                        square inch gauge;
                          (iii) the service line is not 
                        connected to a gas stream with respect 
                        to which the operator has had prior 
                        experience with contaminants the 
                        presence of which could interfere with 
                        the operation of an excess flow valve;
                          (iv) the installation of an excess 
                        flow valve on the service line is not 
                        likely to cause loss of service to the 
                        residence or interfere with necessary 
                        operation or maintenance activities, 
                        such as purging liquids from the 
                        service line; and
                          (v) an excess flow valve meeting 
                        performance standards developed under 
                        section 60110(e) of title 49, United 
                        States Code, is commercially available 
                        to the operator, as determined by the 
                        Secretary.
                  (B) Distribution branch services, multi-
                family facilities, and small commercial 
                facilities.--Not later than 2 years after the 
                date of enactment of the Pipeline 
                Transportation Safety Improvement Act of 2011, 
                the Secretary shall prescribe regulations, 
                after notice and an opportunity for hearing, to 
                require the use of excess flow valves, where 
                economically and technically feasible, on new 
                or entirely replaced distribution branch 
                services, multi-family facilities, and small 
                commercial facilities.
                  [(B)] (C) Reports.--Operators of natural gas 
                distribution systems shall report annually to 
                the Secretary on the number of excess flow 
                valves installed on their systems under 
                subparagraph (A).
          (4) Applicability.--The Secretary shall determine 
        which distribution pipelines will be subject to the 
        minimum standards.
          (5) Development and implementation.--Each operator of 
        a distribution pipeline that the Secretary determines 
        is subject to the minimum standards prescribed by the 
        Secretary under this subsection shall develop and 
        implement an integrity management program in accordance 
        with those standards.
          (6) Savings clause.--Subject to section 60104(c) [49 
        USCS  60104(c)], a State authority having a current 
        certification under section 60105 [49 USCS  60105] may 
        adopt or continue in force additional integrity 
        management requirements, including additional 
        requirements for installation of excess flow valves, 
        for gas distribution pipelines within the boundaries of 
        that State.
  (f) Certification of Pipeline Integrity Management Program 
Performance.--The Secretary shall establish procedures 
requiring certification of annual and semiannual pipeline 
integrity management program performance reports by a senior 
executive officer of the company operating a pipeline subject 
to this chapter [49 USCS  60101 et seq.]. The procedures 
shall require a signed statement, which may be effected 
electronically in accordance with the provisions of the 
Electronic Signatures in Global and National Commerce Act (15 
U.S.C. 7001 et seq.), certifying that--
          (1) the signing officer has reviewed the report; and
          (2) to the best of such officer's knowledge and 
        belief, the report is true and complete.

60114. One-call notification systems

  (a) Minimum requirements.--The Secretary of Transportation 
shall prescribe regulations providing minimum requirements for 
establishing and operating a one-call notification system for a 
State to adopt that will notify an operator of a pipeline 
facility of activity in the vicinity of the facility that could 
threaten the safety of the facility. The regulations shall 
include the following:
          (1) a requirement that the system apply to all areas 
        of the State containing underground pipeline 
        facilities.
          (2) a requirement that a person, including a 
        government employee or contractor, intending to engage 
        in an activity the Secretary decides could cause 
        physical damage to an underground facility must contact 
        the appropriate system to establish if there are 
        underground facilities present in the area of the 
        intended activity.
          (3) a requirement that all operators of underground 
        pipeline facilities participate in an appropriate one-
        call notification system.
          (4) qualifications for an operator of a facility, a 
        private contractor, or a State or local authority to 
        operate a system.
          (5) procedures for advertisement and notice of the 
        availability of a system.
          (6) a requirement about the information to be 
        provided by a person contacting the system under clause 
        (2) of this subsection.
          (7) a requirement for the response of the operator of 
        the system and of the facility after they are contacted 
        by an individual under this subsection.
          (8) a requirement that each State decide whether the 
        system will be toll free.
          (9) a requirement for sanctions substantially the 
        same as provided under sections 60120 and 60122 of this 
        title [49 USCS  60120 and 60122].
  (b) Marking Facilities.--On notification by an operator of a 
damage prevention program or by a person planning to carry out 
demolition, excavation, tunneling, or construction in the 
vicinity of a pipeline facility, the operator of the facility 
shall mark accurately, in a reasonable and timely way, the 
location of the pipeline facilities in the vicinity of the 
demolition, excavation, tunneling, or construction.
  (c) Relationship to Other Laws.--This section and regulations 
prescribed under this section do not affect the liability 
established under a law of the United States or a State for 
damage caused by an activity described in subsection (a)(2) of 
this section.
  (d) Prohibition Applicable to Excavators.--A person who 
engages in demolition, excavation, tunneling, or construction--
          (1) may not engage in a demolition, excavation, 
        tunneling, or construction activity in a State that has 
        adopted a one-call notification system without first 
        using that system to establish the location of 
        underground facilities in the demolition, excavation, 
        tunneling, or construction area;
          (2) may not engage in such demolition, excavation, 
        tunneling, or construction activity in disregard of 
        location information or markings established by a 
        pipeline facility operator pursuant to subsection (b); 
        and
          (3) and who causes damage to a pipeline facility that 
        may endanger life or cause serious bodily harm or 
        damage to property--
                  (A) may not fail to promptly report the 
                damage to the owner or operator of the 
                facility; and
                  (B) if the damage results in the escape of 
                any flammable, toxic, or corrosive gas or 
                liquid, may not fail to promptly report to 
                other appropriate authorities by calling the 
                911 emergency telephone number.
  (e) Prohibition Applicable to Underground Pipeline Facility 
Owners and Operators.--Any owner or operator of a pipeline 
facility who fails to respond to a location request in order to 
prevent damage to the pipeline facility or who fails to take 
reasonable steps, in response to such a request, to ensure 
accurate marking of the location of the pipeline facility in 
order to prevent damage to the pipeline facility shall be 
subject to a civil action under section 60120 [49 USCS  60120] 
or assessment of a civil penalty under section 60122 [49 USCS  
60122].
  (f) Limitation.--The Secretary may not conduct an enforcement 
proceeding under subsection (d) for a violation within the 
boundaries of a State that has the authority to impose 
penalties described in section 60134(b)(7) [49 USCS  
60134(b)(7)] against persons who violate that State's damage 
prevention laws, unless the Secretary has determined that the 
State's enforcement is inadequate to protect safety, consistent 
with this chapter, and until the Secretary issues, through a 
rulemaking proceeding, the procedures for determining 
inadequate State enforcement of penalties. This subsection does 
not apply to proceedings against persons who are pipeline 
operators.
  (g) Technology development grants.--The Secretary may make 
grants to any organization or entity (not including for-profit 
entities) for the development of technologies that will 
facilitate the prevention of pipeline damage caused by 
demolition, excavation, tunneling, or construction activities, 
with emphasis on wireless and global positioning technologies 
having potential for use in connection with notification 
systems and underground facility locating and marking services. 
Funds provided under this subsection may not be used for 
lobbying or in direct support of litigation. The Secretary may 
also support such technology development through cooperative 
agreements with trade associations, academic institutions, and 
other organizations.

60117. Administrative

  (a) General Authority.--To carry out this chapter [49 USCS  
60101 et seq.], the Secretary of Transportation may conduct 
investigations, make reports, issue subpenas, conduct hearings, 
require the production of records, take depositions, and 
conduct research, testing, development, demonstration, and 
training activities and promotional activities relating to 
prevention of damage to pipeline facilities. The Secretary may 
not charge a tuition-type fee for training State or local 
government personnel in the enforcement of regulations 
prescribed under this chapter [49 USCS  60101 et seq.].
  (b) Records, Reports, and Information.--To enable the 
Secretary to decide whether a person owning or operating a 
pipeline facility is complying with this chapter [49 USCS  
60101 et seq.] and standards prescribed or orders issued under 
this chapter [49 USCS  60101 et seq.], the person shall--
          (1) maintain records, make reports, and provide 
        information the Secretary requires; and
          (2) make the records, reports, and information 
        available when the Secretary requests.
The Secretary may require owners and operators of gathering 
lines to provide the Secretary information pertinent to the 
Secretary's ability to make a determination as to whether and 
to what extent to regulate gathering lines.
  (c) Entry and Inspection.--An officer, employee, or agent of 
the Department of Transportation designated by the Secretary, 
on display of proper credentials to the individual in charge, 
may enter premises to inspect the records and property of a 
person at a reasonable time and in a reasonable way to decide 
whether a person is complying with this chapter [49 USCS  
60101 et seq.] and standards prescribed or orders issued under 
this chapter [49 USCS  60101 et seq.].
  (d) Confidentiality of Information.--Information related to a 
confidential matter referred to in section 1905 of title 18 [18 
USCS  1905] that is obtained by the Secretary or an officer, 
employee, or agent in carrying out this section may be 
disclosed only to another officer or employee concerned with 
carrying out this chapter [49 USCS  60101 et seq.] or in a 
proceeding under this chapter [49 USCS  60101 et seq.].
  (e) Use of Accident Reports.--
          (1) Each accident report made by an officer, 
        employee, or agent of the Department may be used in a 
        judicial proceeding resulting from the accident. The 
        officer, employee, or agent may be required to testify 
        in the proceeding about the facts developed in 
        investigating the accident. The report shall be made 
        available to the public in a way that does not identify 
        an individual.
          (2) Each report related to research and demonstration 
        projects and related activities is public information.
  (f) Testing Facilities Involved in Accidents.--The Secretary 
may require testing of a part of a pipeline facility subject to 
this chapter [49 USCS  60101 et seq.] that has been involved 
in or affected by an accident only after--
          (1) notifying the appropriate State official in the 
        State in which the facility is located; and
          (2) attempting to negotiate a mutually acceptable 
        plan for testing with the owner of the facility and, 
        when the Secretary considers appropriate, the National 
        Transportation Safety Board.
  (g) Providing Safety Information.--On request, the Secretary 
shall provide the Federal Energy Regulatory Commission or 
appropriate State authority with information the Secretary has 
on the safety of material, operations, devices, or processes 
related to pipeline transportation or operating a pipeline 
facility.
  (h) Cooperation.--The Secretary may--
          (1) advise, assist, and cooperate with other 
        departments, agencies, and instrumentalities of the 
        United States Government, the States, and public and 
        private agencies and persons in planning and developing 
        safety standards and ways to inspect and test to decide 
        whether those standards have been complied with;
          (2) consult with and make recommendations to other 
        departments, agencies, and instrumentalities of the 
        Government, State and local governments, and public and 
        private agencies and persons to develop and encourage 
        activities, including the enactment of legislation, 
        that will assist in carrying out this chapter [49 USCS 
         60101 et seq.] and improve State and local pipeline 
        safety programs; and
          (3) participate in a proceeding involving safety 
        requirements related to a liquefied natural gas 
        facility before the Commission or a State authority.
  (i) Promoting Coordination.--
          (1) After consulting with appropriate State 
        officials, the Secretary shall establish procedures to 
        promote more effective coordination between 
        departments, agencies, and instrumentalities of the 
        Government and State authorities with regulatory 
        authority over pipeline facilities about responses to a 
        pipeline accident.
          (2) In consultation with the Occupational Safety and 
        Health Administration, the Secretary shall establish 
        procedures to notify the Administration of any pipeline 
        accident in which an excavator that has caused damage 
        to a pipeline may have violated a regulation of the 
        Administration.
  (j) Withholding Information from Congress.--This section does 
not authorize information to be withheld from a committee of 
Congress authorized to have the information.
  (k) Authority for Cooperative Agreements.--To carry out this 
chapter [49 USCS  60101 et seq.], the Secretary may enter 
into grants, cooperative agreements, and other transactions 
with any person, agency, or instrumentality of the United 
States, any unit of State or local government, any educational 
institution, or any other entity to further the objectives of 
this chapter [49 USCS  60101 et seq.]. The objectives of this 
chapter [49 USCS  60101 et seq.] include the development, 
improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.
  (l) Safety Orders.--
          (1) In general.--Not later than December 31, 2007, 
        the Secretary shall issue regulations providing that, 
        after notice and opportunity for a hearing, if the 
        Secretary determines that a pipeline facility has a 
        condition that poses a pipeline integrity risk to 
        public safety, property, or the environment, the 
        Secretary may order the operator of the facility to 
        take necessary corrective action, including physical 
        inspection, testing, repair, or other appropriate 
        action, to remedy that condition.
          (2) Considerations.--In making a determination under 
        paragraph (1), the Secretary, if relevant and pursuant 
        to the regulations issued under paragraph (1), shall 
        consider--
                  (A) the considerations specified in 
                paragraphs (1) through (6) of section 60112(b) 
                [49 USCS  60112(b)];
                  (B) the likelihood that the condition will 
                impair the serviceability of a pipeline;
                  (C) the likelihood that the condition will 
                worsen over time; and
                  (D) the likelihood that the condition is 
                present or could develop on other areas of the 
                pipeline.
  (m) Restoration of Operations.--
          (1) In general.--The Secretary may advise, assist, 
        and cooperate with the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, the States, and public and private agencies 
        and persons to facilitate the restoration of pipeline 
        operations that have been or are anticipated to become 
        disrupted by manmade or natural disasters.
          (2) Savings clause.--Nothing in this section alters 
        or amends the authorities and responsibilities of any 
        department, agency, or instrumentality of the United 
        States Government, other than the Department of 
        Transportation.
  [(n) Cost Recovery for Design Reviews.--
          [(1) In general.--If the Secretary conducts facility 
        design safety reviews in connection with a proposal to 
        construct, expand, or operate a liquefied natural gas 
        pipeline facility, the Secretary may require the person 
        requesting such reviews to pay the associated staff 
        costs relating to such reviews incurred by the 
        Secretary in section 60301(d) [49 USCS  60301(d)]. The 
        Secretary may assess such costs in any reasonable 
        manner.
          [(2) Deposit.--The Secretary shall deposit all funds 
        paid to the Secretary under this subsection into the 
        Department of Treasury account 69-5172-0-2-407 or its 
        successor account.
          [(3) Authorization of appropriations.--Funds 
        deposited pursuant to this subsection are authorized to 
        be appropriated for the purposes set forth in section 
        60301(d) [49 USCS  60301(d)].]
  (n) Cost Recovery for Design Reviews.--
          (1) In general.--
                  (A) Review costs.--For any project described 
                in subparagraph (B), if the Secretary conducts 
                facility design safety reviews in connection 
                with a proposal to construct, expand, or 
                operate a new gas or hazardous liquid pipeline 
                or liquefied natural gas pipeline facility, 
                including construction inspections and 
                oversight, the Secretary may require the person 
                or entity proposing the project to pay the 
                costs incurred by the Secretary relating to 
                such reviews. If the Secretary exercises the 
                cost recovery authority described in this 
                section, the Secretary shall prescribe a fee 
                structure and assessment methodology that is 
                based on the costs of providing these reviews 
                and shall prescribe procedures to collect fees 
                under this section. This authority is in 
                addition to the authority provided in section 
                60301 of this title, but the Secretary may not 
                collect fees under this section and section 
                60301 for the same design safety review.
                  (B) Projects to which applicable.--
                Subparagraph (A) applies to any project that--
                          (i) has design and construction costs 
                        totaling at least $3,400,000,000; or
                          (ii) uses new or novel technologies 
                        or designs.
          (2) Notification.--For any new pipeline construction 
        project in which the Secretary will conduct design 
        reviews, the person or entity proposing the project 
        shall notify the Secretary and provide the design 
        specifications, construction plans and procedures, and 
        related materials at least 120 days prior to the 
        commencement of construction.
          (3) Deposit and use.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United 
        States. The Secretary shall deposit funds paid under 
        this subsection into the Fund. Funds deposited under 
        this section are authorized to be appropriated for the 
        purposes set forth in this chapter. Fees authorized 
        under this section shall be collected and available for 
        obligation only to the extent and in the amount 
        provided in advance in appropriations Acts.
          (4) No additional permitting authority.--Nothing in 
        this subsection shall be construed as authorizing the 
        Secretary to require a person to obtain a permit before 
        beginning design and construction in connection with a 
        project described in paragraph 2 (1)(B).
  (o) International Cooperation and Consultation.--
          (1) Information exchange and technical assistance.--
        If the Secretary determines that it would benefit the 
        United States, subject to guidance from the Secretary 
        of State, the Secretary may engage in activities 
        supporting cooperative international efforts to share 
        information about the risks to the public and the 
        environment from pipelines and means of protecting 
        against those risks. Such cooperation may include the 
        exchange of information with domestic and appropriate 
        international organizations to facilitate efforts to 
        develop and improve safety standards and requirements 
        for pipeline transportation in or affecting interstate 
        or foreign commerce.
          (2) Consultation.--To the extent practicable, subject 
        to guidance from the Secretary of State, the Secretary 
        may consult with interested authorities in Canada, 
        Mexico, and other interested authorities, as needed, to 
        ensure that the respective pipeline safety standards 
        and requirements prescribed by the Secretary and those 
        prescribed by such authorities are consistent with the 
        safe and reliable operation of cross-border pipelines.
          (3) Differences in international standards and 
        requirements.--Nothing in this section requires that a 
        standard or requirement prescribed by the Secretary 
        under this chapter be identical to a standard or 
        requirement adopted by an international authority.

60118. Compliance and waivers

  (a) General Requirements.--A person owning or operating a 
pipeline facility shall--
          (1) comply with applicable safety standards 
        prescribed under this chapter [49 USCS  60101 et 
        seq.], except as provided in this section or in section 
        60126 [49 USCS  60126];
          (2) prepare and carry out a plan for inspection and 
        maintenance required under section 60108(a) and (b) of 
        this title [49 USCS  60108(a) and (b)];
          (3) allow access to or copying of records, make 
        reports and provide information, and allow entry or 
        inspection required under section 60117(a)-(d) of this 
        title [49 USCS  60117(a)-(d)]; and
          (4) conduct a risk analysis, and adopt and implement 
        an integrity management program, for pipeline 
        facilities as required under section 60109(c)[49 USCS  
        60109(c)].
  (b) Compliance Orders.--The Secretary of Transportation may 
issue orders directing compliance with this chapter [49 USCS  
60101 et seq.], an order under section 60126 [49 USCS  60129], 
or a regulation prescribed under this chapter [49 USCS  60101 
et seq.]. An order shall state clearly the action a person must 
take to comply.
  (c) Waivers by Secretary.--
          [(1) Nonemergency waivers.--
                  [(A) In general.--On application of an owner 
                or operator of a pipeline facility, the 
                Secretary by order may waive compliance with 
                any part of an applicable standard prescribed 
                under this chapter [49 USCS  60101 et seq.] 
                with respect to such facility on terms the 
                Secretary considers appropriate if the 
                Secretary determines that the waiver is not 
                inconsistent with pipeline safety.
                  [(B) Hearing.--The Secretary may act on a 
                waiver under this paragraph only after notice 
                and an opportunity for a hearing.]
          (1) Issuance of waivers.--
                  (A) In general.--On application of an owner 
                or operator of a pipeline facility, the 
                Secretary by order may waive compliance with 
                any part of an applicable standard prescribed 
                under this chapter with respect to the facility 
                on terms the Secretary considers appropriate, 
                if the Secretary determines that the waiver is 
                not inconsistent with pipeline safety.
                  (B) Considerations.--In determining whether 
                to grant a waiver, the Secretary shall 
                consider--
                          (i) the fitness of the applicant to 
                        conduct the activity authorized by the 
                        waiver in a manner that is consistent 
                        with pipeline safety;
                          (ii) the applicant's compliance 
                        history;
                          (iii) the applicant's accident 
                        history; and
                          (iv) any other information or data 
                        the Secretary considers relevant to 
                        making the determination.
                  (C) Effective period.--A waiver of one or 
                more pipeline operating requirements shall be 
                reviewed by the Secretary 5 years after its 
                effective date. In reviewing a waiver, the 
                Secretary shall consider any change in 
                ownership or control of the pipeline, any 
                change in the conditions around the pipeline, 
                and other factors as appropriate. The Secretary 
                may modify, suspend, or revoke a waiver after 
                such review under subparagraph (E).
                  (D) Public notice and hearing.--The Secretary 
                may act on a waiver under this section only 
                after public notice and an opportunity for a 
                hearing, which may consist of publication of 
                notice in the Federal Register that an 
                application for a waiver has been filed and 
                providing the public with the opportunity to 
                review and comment on the application. If a 
                waiver is granted, the Secretary shall state in 
                the order and associated analysis the reasons 
                for granting it.
                  (E) Noncompliance and modification, 
                suspension, or revocation.--After notice to a 
                holder of a waiver and opportunity to show 
                cause, the Secretary may modify, suspend, or 
                revoke a waiver issued under this section for 
                failure to comply with its terms or conditions, 
                intervening changes in Federal law, a material 
                change in circumstances affecting safety, 
                including erroneous information in the 
                application, or any other reason. If necessary 
                to avoid a significant risk of harm to persons, 
                property, or the environment, the Secretary may 
                waive the show cause procedure and make the 
                action immediately effective.
          (2) Emergency waivers.
                  (A) In general.--The Secretary by order may 
                waive compliance with any part of an applicable 
                standard prescribed under this chapter [49 USCS 
                 60101 et seq.] on terms the Secretary 
                considers appropriate without prior notice and 
                comment if the Secretary determines that--
                          (i) it is in the public interest to 
                        grant the waiver;
                          (ii) the waiver is not inconsistent 
                        with pipeline safety; and
                          (iii) the waiver is necessary to 
                        address an actual or impending 
                        emergency involving pipeline 
                        transportation, including an emergency 
                        caused by a natural or manmade 
                        disaster.
                  (B) Period of waiver.--A waiver under this 
                paragraph may be issued for a period of not 
                more than 60 days and may be renewed upon 
                application to the Secretary only after notice 
                and an opportunity for a hearing on the waiver. 
                The Secretary shall immediately revoke the 
                waiver if continuation of the waiver would not 
                be consistent with the goals and objectives of 
                this chapter [49 USCS  60101 et seq.].
          (3) Statement of reasons.--The Secretary shall state 
        in an order issued under this subsection the reasons 
        for granting the waiver.
  (d) Waivers by State Authorities.--If a certification under 
section 60105 of this title [49 USCS  60105] or an agreement 
under section 60106 of this title [49 USCS  60106] is in 
effect, the State authority may waive compliance with a safety 
standard to which the certification or agreement applies in the 
same way and to the same extent the Secretary may waive 
compliance under subsection (c) of this section. However, the 
authority must give the Secretary written notice of the waiver 
at least 60 days before its effective date. If the Secretary 
makes a written objection before the effective date of the 
waiver, the waiver is stayed. After notifying the authority of 
the objection, the Secretary shall provide a prompt opportunity 
for a hearing. The Secretary shall make the final decision on 
granting the waiver.
  (e) Operator Assistance in Investigations.--If the Secretary 
or the National Transportation Safety Board investigate an 
accident involving a pipeline facility, the operator of the 
facility shall make available to the Secretary or the Board all 
records and information that in any way pertain to the accident 
(including integrity management plans and test results), and 
shall afford all reasonable assistance in the investigation of 
the accident. The Secretary may impose a civil penalty under 
section 60122 of this title on a person who obstructs or 
prevents the Secretary from carrying out inspections or 
investigations under this chapter.
  (f) Limitation on Statutory Construction.--Nothing in this 
section may be construed to infringe upon the constitutional 
rights of an operator or its employees.

60119. Judicial review

  [(a) Review of Regulations and Waiver Orders.--] (a) Review 
of Regulations, Orders, and Other Final Agency Actions.--
          (1) Except as provided in subsection (b) of this 
        section, a person adversely affected by a regulation 
        prescribed under this chapter [49 USCS  60101 et 
        seq.] or an order issued [about an application for a 
        waiver under section 60118(c) or (d) of] under this 
        title may apply for review of the regulation or order 
        by filing a petition for review in the United States 
        Court of Appeals for the District of Columbia Circuit 
        or in the court of appeals of the United States for the 
        circuit in which the person resides or has its 
        principal place of business. The petition must be filed 
        not later than 89 days after the regulation is 
        prescribed or order is issued. The clerk of the court 
        immediately shall send a copy of the petition to the 
        Secretary of Transportation.
          (2) A judgment of a court under paragraph (1) of this 
        subsection may be reviewed only by the Supreme Court 
        under section 1254 of title 28 [28 USCS  1254]. A 
        remedy under paragraph (1) is in addition to any other 
        remedies provided by law.
  (b) Review of Financial Responsibility Orders.--
          (1) A person adversely affected by an order issued 
        under section 60111 of this title [49 USCS  60111] may 
        apply for review of the order by filing a petition for 
        review in the appropriate court of appeals of the 
        United States. The petition must be filed not later 
        than 60 days after the order is issued. Findings of 
        fact the Secretary makes are conclusive if supported by 
        substantial evidence.
          (2) A judgment of a court under paragraph (1) of this 
        subsection may be reviewed only by the Supreme Court 
        under section 1254(1) of title 28 [28 USCS  1254(1)].
          (3) All judicial review of agency action under this 
        section shall apply the standards of review established 
        in section 706 of title 5.

60120. Enforcement

  (a) Civil Actions.--
          (1) Civil actions to enforce this chapter.--At the 
        request of the Secretary of Transportation, the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this chapter [49 USCS  60101 et seq.], 
        including section 60112 [49 USCS  60112], or a 
        regulation prescribed or order issued under this 
        chapter [49 USCS  60101 et seq.]. The court may award 
        appropriate relief, including a temporary or permanent 
        injunction, punitive damages, and assessment of civil 
        penalties, considering the same factors as prescribed 
        for the Secretary in an administrative case under 
        section 60122 [49 USCS  60122]. The maximum amount of 
        civil penalties for administrative enforcement actions 
        under section 60122 of this title shall not apply to 
        enforcement actions under this section.
          (2) Civil actions to require compliance with 
        subpoenas or allow for inspections.--At the request of 
        the Secretary, the Attorney General may bring a civil 
        action in a district court of the United States to 
        require a person to comply immediately with a subpena 
        or to allow an officer, employee, or agent authorized 
        by the Secretary to enter the premises, and inspect the 
        records and property, of the person to decide whether 
        the person is complying with this chapter [49 USCS  
        60101 et seq.]. The action may be brought in the 
        judicial district in which the defendant resides, is 
        found, or does business. The court may punish a failure 
        to obey the order as a contempt of court.
  (b) Jury Trial Demand.--In a trial for criminal contempt for 
violating an injunction issued under this section, the 
violation of which is also a violation of this chapter [49 USCS 
 60101 et seq.], the defendant may demand a jury trial. The 
defendant shall be tried as provided in rule 42(b) of the 
Federal Rules of Criminal Procedure (18 App. U.S.C.).
  (c) Effect on Tort Liability.--This chapter [49 USCS  60101 
et seq.] does not affect the tort liability of any person.

60122. Civil penalties

  (a) General Penalties.--
          (1) A person that the Secretary of Transportation 
        decides, after written notice and an opportunity for a 
        hearing, has violated section 60114(b), 60114(d), or 
        60118(a) of this title [49 USCS  60114(b), 60114(d), 
        or 60118(a)] or a regulation prescribed or order issued 
        under this chapter [49 USCS  60101 et seq.] is liable 
        to the United States Government for a civil penalty of 
        not more than $100,000 for each violation. A separate 
        violation occurs for each day the violation continues. 
        The maximum civil penalty under this paragraph for a 
        related series of violations is $1,000,000.
          (2) A person violating a standard or order under 
        section 60103 or 60111 of this title [49 USCS  60103 
        or 60111] is liable to the Government for a civil 
        penalty of not more than $50,000 for each violation. A 
        penalty under this paragraph may be imposed in addition 
        to penalties imposed under paragraph (1) of this 
        subsection.
          (3) A person violating section 60129 [49 USCS  
        60129], or an order issued thereunder, is liable to the 
        Government for a civil penalty of not more than $1,000 
        for each violation. The penalties provided by paragraph 
        (1) do not apply to a violation of section 60129 [49 
        USCS  60129] or an order issued thereunder.
  (b) Penalty Considerations.--In determining the amount of a 
civil penalty under this section--
          (1) the Secretary shall consider--
                  (A) the nature, circumstances, and gravity of 
                the violation, including adverse impact on the 
                environment;
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior 
                violations, [the ability to pay,] and any 
                effect on ability to continue doing business; 
                and
                  (C) good faith in attempting to comply; and
          (2) the Secretary may consider--
                  (A) the economic benefit gained from the 
                violation without any reduction because of 
                subsequent damages; and
                  (B) other matters that justice requires.
  (c) Penalties for Major Consequence Violations.--
          (1) In general.--A person that the Secretary of 
        Transportation decides, after written notice and an 
        opportunity for a hearing, has committed a major 
        consequence violation of section 60114(b), 60114(d), or 
        60118(a) of this title or a regulation prescribed or 
        order issued under this chapter is liable to the United 
        States Government for a civil penalty of not more than 
        $250,000 for each violation. A separate violation 
        occurs for each day the violation continues. The 
        maximum civil penalty under this paragraph for a 
        related series of major consequence violations is 
        $2,500,000.
          (2) Penalty considerations.--In determining the 
        amount of a civil penalty for a major consequence 
        violation under this subsection, the Secretary shall 
        consider the factors prescribed in subsection (b).
          (3) Major consequence violation defined.--In this 
        subsection, the term ``major consequence violation'' 
        means a violation that contributed to an incident 
        resulting in--
                  (A) 1 or more deaths;
                  (B) 1 or more injuries or illnesses requiring 
                in-patient hospitalization; or
                  (C) environmental harm exceeding $250,000 in 
                estimated damage to the environment including 
                property loss other than the value of natural 
                gas or hazardous liquid lost, or damage to 
                pipeline equipment.
  [(c)](d) Collection and Compromise.--
          (1) The Secretary may request the Attorney General to 
        bring a civil action in an appropriate district court 
        of the United States to collect a civil penalty imposed 
        under this section.
          (2) The Secretary may compromise the amount of a 
        civil penalty imposed under this section before 
        referral to the Attorney General.
  [(d)](e) Setoff.--The Government may deduct the amount of a 
civil penalty imposed or compromised under this section from 
amounts it owes the person liable for the penalty.
  [(e)](f) Deposit in Treasury.--Amounts collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.
  [(f)](g) Prohibition on Multiple Penalties for Same Act.--
Separate penalties for violating a regulation prescribed under 
this chapter [49 USCS  60101 et seq.] and for violating an 
order under section 60112 or 60118(b) of this title [49 USCS  
60112 or 60118(b)] may not be imposed under this chapter [49 
USCS  60101 et seq.] if both violations are based on the same 
act.

60125. Authorization of appropriations

  (a) Gas and Hazardous Liquid.--
           (1) In general.--To carry out the provisions of this 
        chapter related to gas and hazardous liquid and section 
        12 of the Pipeline Safety Improvement Act of 2002 (49 
        U.S.C. 60101 note; Public Law 107-355), the following 
        amounts are authorized to be appropriated to the 
        Department of Transportation from fees collected under 
        section 60301 in each respective year:
                  [(A) For fiscal year 2007, $60,175,000 of 
                which $7,386,000 is for carrying out such 
                section 12 and $17,556,000 is for making 
                grants.
                  [(B) For fiscal year 2008, $67,118,000 of 
                which $7,586,000 is for carrying out such 
                section 12 and $20,614,000 is for making 
                grants.
                  [(C) For fiscal year 2009, $72,045,000 of 
                which $7,586,000 is for carrying out such 
                section 12 and $21,513,000 is for making 
                grants.
                  [(D) For fiscal year 2010, $76,580,000 of 
                which $7,586,000 is for carrying out subsection 
                12 and $22,252,000 is for making grants.]
                  (A) for fiscal year 2011, $92,206,000, of 
                which $9,200,000 is for carrying out such 
                section 12 and $36,958,000 is for making 
                grants;
                  (B) for fiscal year 2012, $96,144,000, of 
                which $9,600,000 for carrying out such section 
                12 and $39,611,000 is for making grants;
                  (C) for fiscal year 2013, $99,876,000, of 
                which $9,900,000 is for carrying out such 
                section 12 and $41,148,000 is for making 
                grants; and
                  (D) for fiscal year 2014, $102,807,000, of 
                which $10,200,000 is for carrying out such 
                section 12 and $42,356,000 is for making 
                grants.
          (2) Trust fund amounts. In addition to the amounts 
        authorized to be appropriated by paragraph (1) the 
        following amounts are authorized from the Oil Spill 
        Liability Trust Fund to carry out the provisions of 
        this chapter related to hazardous liquid and section 12 
        of the Pipeline Safety Improvement Act of 2002 (49 
        U.S.C. 60101 note; Public Law 107-355):
                  [(A) For fiscal year 2007, $18,810,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $2,682,000 is for making grants.
                  [(B) For fiscal year 2008, $19,000,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $2,682,000 is for making grants.
                  [(C) For fiscal year 2009, $19,500,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $3,103,000 is for making grants.
                  [(D) For fiscal year 2010, $20,000,000 of 
                which $4,207,000 is for carrying out such 
                section 12 $3,603,000 is for making grants.]
                  (A) for fiscal year 2011, $18,905,000, of 
                which $7,562,000 is for carrying out such 
                section 12 and $7,864,000 is for making grants;
                  (B) for fiscal year 2012, $19,661,000, of 
                which $7,864,000 is for carrying out such 
                section 12 and $7,864,000 is for making grants;
                  (C) for fiscal year 2013, $20,000,000, of 
                which $8,000,000 is for carrying out such 
                section 12 and $8,000,000 is for making grants; 
                and
                  (D) for fiscal year 2014, $20,000,000, of 
                which $8,000,000 is for carrying out such 
                section 12 and $8,000,000 is for making grants.
  (b) Emergency Response Grants.--
          (1) In general.--The Secretary may establish a 
        program for making grants to State, county, and local 
        governments in high consequence areas, as defined by 
        the Secretary, for emergency response management, 
        training, and technical assistance. To the extent that 
        such grants are used to train emergency responders, 
        such training shall ensure that emergency responders 
        have the ability to protect nearby persons, property, 
        and the environment from the effects of accidents or 
        incidents involving gas or hazardous liquid pipelines, 
        in accordance with existing regulations.
          (2) Authorization of Appropriations.--There is 
        authorized to be appropriated $10,000,000 for each of 
        fiscal years [2007 through 2010] 2011 through 2014 to 
        carry out this subsection.
  (c) Crediting Appropriations for Expenditures for Training.--
The Secretary may credit to an appropriation authorized under 
subsection (a) amounts received from sources other than the 
Government for reimbursement for expenses incurred by the 
Secretary in providing training.
  (d), (e) [Redesignated]

60130. Pipeline safety information grants to communities

  (a) Grant Authority.--
          (1) In general.The Secretary of Transportation may 
        make grants for technical assistance to local 
        communities and groups of individuals (not including 
        for-profit entities) relating to the safety of pipeline 
        facilities in local communities, other than facilities 
        regulated under Public Law 93-153 (43 U.S.C. 1651 et 
        seq.). No grants may be awarded under section 60114(g) 
        [49 USCS  60114(g)] until the Secretary has 
        established competitive procedures for awarding grants 
        under this section and criteria for selecting grant 
        recipients. The amount of any grant under this section 
        may not exceed [$50,000] $100,000 for a single grant 
        recipient. The Secretary shall establish appropriate 
        procedures to ensure the proper use of funds provided 
        under this section.
          (2) Demonstration grants.--At least the first 3 
        grants awarded under this section shall be 
        demonstration grants for the purpose of demonstrating 
        and evaluating the utility of grants under this 
        section. Each such demonstration grant shall not exceed 
        $25,000.
          (3) Dissemination of technical findings.--Each 
        recipient of a grant under this section shall ensure 
        that--
                  (A) the technical findings made possible by 
                the grants are made available to the relevant 
                operators; and
                  (B) open communication between the grant 
                recipients, local operators, local communities, 
                and other interested parties is encouraged.
          (4) Technical assistance defined.--In this 
        subsection, the term ``technical assistance'' means 
        engineering and other scientific analysis of pipeline 
        safety issues, including the promotion of public 
        participation in official proceedings conducted under 
        this chapter [49 USCS  60101 et seq.].
  (b) Prohibited Uses.--Funds provided under this section may 
not be used for lobbying or in direct support of litigation.
  (c) Annual Report.--
          (1) In general.--Not later than 90 days after the 
        last day of each fiscal year for which grants are made 
        by the Secretary under this section, the Secretary 
        shall report to the Committees on Commerce, Science, 
        and Transportation and Energy and Natural Resources of 
        the Senate and the Committees on Transportation and 
        Infrastructure and Energy and Commerce of the House of 
        Representatives on grants made under this section in 
        the preceding fiscal year.
          (2) Contents.--The report shall include--
                  (A) a listing of the identity and location of 
                each recipient of a grant under this section in 
                the preceding fiscal year and the amount 
                received by the recipient;
                  (B) a description of the purpose for which 
                each grant was made; and
                  (C) a description of how each grant was used 
                by the recipient.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of Transportation for carrying 
out this section $1,000,000 for each of the fiscal years [2003 
through 2010.] 2011 through 2014. Such amounts shall not be 
derived from user fees collected under section 60301 [49 USCS  
60301].

60132. National pipeline mapping system

  (a) Information to be Provided.--Not later than 6 months 
after the date of enactment of this section [enacted Dec. 17, 
2002], the operator of a pipeline facility (except distribution 
lines [and gathering lines]) shall provide to the Secretary of 
Transportation the following information with respect to the 
facility:
          (1) Geospatial data appropriate for use in the 
        National Pipeline Mapping System or data in a format 
        that can be readily converted to geospatial data.
          (2) The name and address of the person with primary 
        operational control to be identified as its operator 
        for purposes of this chapter [49 USCS  60101 et 
        seq.].
          (3) A means for a member of the public to contact the 
        operator for additional information about the pipeline 
        facilities it operates.
          (4) Any other geospatial, technical, or other related 
        pipeline data, including design and material 
        specifications, that the Secretary determines is 
        necessary to carry out the purposes of this section. 
        The Secretary shall give reasonable notice to operators 
        that the data are being requested.
  (b) Updates.--A person providing information under subsection 
(a) shall provide to the Secretary updates of the information 
to reflect changes in the pipeline facility owned or operated 
by the person and as otherwise required by the Secretary.
  (c) Technical Assistance to Improve Local Response 
Capabilities.--The Secretary may provide technical assistance 
to State and local officials to improve local response 
capabilities for pipeline emergencies by adapting information 
available through the National Pipeline Mapping System to 
software used by emergency response personnel responding to 
pipeline emergencies.
  (d) Public Disclosure Limited.--The Secretary may not 
disclose information collected pursuant to subsection (a) 
except to the extent permitted by section 552 of title 5.

60134. State damage prevention programs

  (a) In General. The Secretary may make a grant to a State 
authority (including a municipality with respect to intrastate 
gas pipeline transportation) to assist in improving the overall 
quality and effectiveness of a damage prevention program of the 
State authority under subsection (e) if the State authority--
          (1) has in effect an annual certification under 
        section 60105 [49 USCS  60105] or an agreement under 
        section 60106 [49 USCS  60106]; [and]
          (2) (A) has in effect an effective damage prevention 
        program that meets the requirements of subsection (b); 
        or
                  (B) demonstrates that it has made substantial 
                progress toward establishing such a program, 
                and that such program will meet the 
                requirements of subsection [(b).] (b); and
          (3) does not provide any exemptions to 
        municipalities, State agencies, or their contractors 
        from its one-call notification system requirements.
  (b) Damage Prevention Program Elements.--An effective damage 
prevention program includes the following elements:
          (1) Participation by operators, excavators, and other 
        stakeholders in the development and implementation of 
        methods for establishing and maintaining effective 
        communications between stakeholders from receipt of an 
        excavation notification until successful completion of 
        the excavation, as appropriate.
          (2) A process for fostering and ensuring the support 
        and partnership of stakeholders, including excavators, 
        operators, locators, designers, and local government in 
        all phases of the program.
          (3) A process for reviewing the adequacy of a 
        pipeline operator's internal performance measures 
        regarding persons performing locating services and 
        quality assurance programs.
          (4) Participation by operators, excavators, and other 
        stakeholders in the development and implementation of 
        effective employee training programs to ensure that 
        operators, the one-call center, the enforcing agency, 
        and the excavators have partnered to design and 
        implement training for the employees of operators, 
        excavators, and locators.
          (5) A process for fostering and ensuring active 
        participation by all stakeholders in public education 
        for damage prevention activities.
          (6) A process for resolving disputes that defines the 
        State authority's role as a partner and facilitator to 
        resolve issues.
          (7) Enforcement of State damage prevention laws and 
        regulations for all aspects of the damage prevention 
        process, including public education, and the use of 
        civil penalties for violations assessable by the 
        appropriate State authority.
          (8) A process for fostering and promoting the use, by 
        all appropriate stakeholders, of improving technologies 
        that may enhance communications, underground pipeline 
        locating capability, and gathering and analyzing 
        information about the accuracy and effectiveness of 
        locating programs.
          (9) A process for review and analysis of the 
        effectiveness of each program element, including a 
        means for implementing improvements identified by such 
        program reviews.
  (c) Factors to Consider.--In making grants under this 
section, the Secretary shall take into consideration the 
commitment of each State to ensuring the effectiveness of its 
damage prevention program, including legislative and regulatory 
actions taken by the State.
  (d) Application.--If a State authority files an application 
for a grant under this section not later than September 30 of a 
calendar year and demonstrates that the Governor (or chief 
executive) of the State has designated it as the appropriate 
State authority to receive the grant, the Secretary shall 
review the State's damage prevention program to determine its 
effectiveness.
  (e) Use of Funds.--A grant under this section to a State 
authority may only be used to pay the cost of the personnel, 
equipment, and activities that the State authority reasonably 
requires for the calendar year covered by the grant to develop 
or carry out its damage prevention program in accordance with 
subsection (b).
  (f) Nonapplicability of Limitation.--A grant made under this 
section is not subject to the section 60107(a) [49 USCS  
60107(a)] limitation on the maximum percentage of funds to be 
paid by the Secretary.
  (g) Limitation on Use of Funds.--Funds provided to carry out 
this section may not be used for lobbying or in direct support 
of litigation.
  (h) Damage Prevention Process Defined.--In this section, the 
term ``damage prevention process'' means a process that 
incorporates the principles described in sections 60114(b), 
60114(d), and 60114(e) [49 USCS  60114(b), (d), and (e)].
  (i) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to provide grants under this 
section $2,000,000 for each of fiscal years 2011 through 2014. 
The funds shall remain available until expended.

60138. Public education and awareness

  (a) In General.--Not later than 1 year after the date of 
enactment of the Pipeline Transportation Safety Improvement Act 
of 2011, the Secretary shall--
          (1) maintain a monthly updated summary of all 
        completed and final natural gas and hazardous liquid 
        pipeline inspections conducted by or reported to the 
        Pipeline and Hazardous Materials Safety Administration 
        that includes--
                  (A) identification of the operator inspected;
                  (B) the type of inspection;
                  (C) the results of the inspection, including 
                any deficiencies identified; and
                  (D) any corrective actions required to be 
                taken by the operator to remediate such 
                deficiencies;
          (2) maintain--
                  (A) a status indication of the review and 
                approval of each gas emergency response plan 
                pursuant to section 60102(d)(5) of this title 
                and of each hazardous liquid pipeline 
                operator's response plan pursuant to part 194 
                of title 49, Code of Federal Regulations;
                  (B) a comprehensive description of the 
                requirements for such plans; and
                  (C) a detailed summary of each approved plan 
                written by the operator that includes the key 
                elements of the plan, but which may exclude--
                          (i) proprietary information;
                          (ii) security-sensitive information, 
                        including as referenced in section 
                        1520.5(a) of title 49, code of Federal 
                        Regulations;
                          (iii) specific response resources and 
                        tactical resource deployment plans; and
                          (iv) the specific amount and location 
                        of worst-case discharges, including the 
                        process by which an operator determines 
                        the worst discharge.
          (3) excluding any proprietary or security-sensitive 
        information, as part of the National Pipeline Mapping 
        System maintain a map of all currently designated high 
        consequence areas in which pipelines are required to 
        meet integrity management safety regulations and update 
        the map annually; and
          (4) maintain a copy or, at a minimum, a detailed 
        summary of any industry-developed or professional 
        organization pipeline safety standards that have been 
        incorporated by reference into regulations, to the 
        extent consistent with fair use.
  (b) Public Availability.--The requirements of subsection (a) 
shall be considered to have been met if the information 
required to be made public is made available on the Pipeline 
and Hazardous Materials Safety Administration's public Web 
site.
  (c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that 
are exempt from disclosure under section 552 of title 5.

60139. Alaska project coordination

  The Secretary may provide technical assistance to the State 
of Alaska for the purpose of achieving coordinated and 
effective oversight of the construction, expansion, or 
operation of pipeline systems in Alaska. The assistance may 
include--
          (1) conducting coordinated inspections of pipeline 
        systems subject to the respective authorities of the 
        Department of Transportation and the State of Alaska;
          (2) consulting on the development and implementation 
        of programs designed to manage the integrity risks 
        associated with operating pipeline systems in the 
        unique conditions of Alaska;
          (3) training inspection and enforcement personnel and 
        consulting on the development and implementation of 
        inspection protocols and training programs; and
          (4) entering into cooperative agreements, grants, or 
        other transactions with the State of Alaska, the Joint 
        Pipeline Office, other Federal agencies, and other 
        public and private agencies to carry out the objectives 
        of this section.

                        TITLE 49. TRANSPORTATION

             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

               CHAPTER 61. ONE-CALL NOTIFICATION PROGRAMS

6103. Minimum standards for State one-call notification programs

  [(a) Minimum Standards.--In order to qualify for a grant 
under section 6106 [49 USCS  6106], a State one-call 
notification program shall, at a minimum, provide for--
          [(1) appropriate participation by all underground 
        facility operators, including all government operators;
          [(2) appropriate participation by all excavators, 
        including all government and contract excavators; and
          [(3) flexible and effective enforcement under State 
        law with respect to participation in, and use of, one-
        call notification systems.]
  (a) Minimum Standards.--
          (1) In general.--In order to qualify for a grant 
        under section 6106, a State one-call notification 
        program shall, at a minimum, provide for--
                  (A) appropriate participation by all 
                underground facility operators, including all 
                government operators;
                  (B) appropriate participation by all 
                excavators, including all government and 
                contract excavators; and
                  (C) flexible and effective enforcement under 
                State law with respect to participation in, and 
                use of, one-call notification systems.
          (2) Exemptions prohibited.--A State one-call 
        notification program may not exempt municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.
  (b) Appropriate Participation.--In determining the 
appropriate extent of participation required for types of 
underground facilities or excavators under subsection (a), a 
State shall assess, rank, and take into consideration the risks 
to the public safety, the environment, excavators, and vital 
public services associated with--
          (1) damage to types of underground facilities; and
          (2) activities of types of excavators.
  (c) Implementation.--A State one-call notification program 
also shall, at a minimum, provide for and document--
          (1) consideration of the ranking of risks under 
        subsection (b) in the enforcement of its provisions;
          (2) a reasonable relationship between the benefits of 
        one-call notification and the cost of implementing and 
        complying with the requirements of the State one-call 
        notification program; and
          (3) voluntary participation where the State 
        determines that a type of underground facility or an 
        activity of a type of excavator poses a de minimis risk 
        to public safety or the environment.
  (d) Penalties.--To the extent the State determines 
appropriate and necessary to achieve the purposes of this 
chapter, a State one-call notification program shall, at a 
minimum, provide for--
          (1) administrative or civil penalties commensurate 
        with the seriousness of a violation by an excavator or 
        facility owner of a State one-call notification 
        program;
          (2) increased penalties for parties that repeatedly 
        damage underground facilities because they fail to use 
        one-call notification systems or for parties that 
        repeatedly fail to provide timely and accurate marking 
        after the required call has been made to a one-call 
        notification system;
          (3) reduced or waived penalties for a violation of a 
        requirement of a State one-call notification program 
        that results in, or could result in, damage that is 
        promptly reported by the violator;
          (4) equitable relief; and
          (5) citation of violations.

6107. Authorization of appropriations

  (a) For Grants to States.--There are authorized to be 
appropriated to the Secretary to provide grants to States under 
section 6106 [49 USCS  6106] $1,000,000 for each of fiscal 
years [2007 through 2010.] 2011 through 2014. Such funds shall 
remain available until expended.
  (b) For Administration.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
carry out sections 6103, 6104, and 6105 [49 USCS  6103, 6104, 
and 6105] for fiscal years [2007 through 2010.] 2011 through 
2014.
  [(c) General Revenue Funding.--Any sums appropriated under 
this section shall be derived from general revenues and may not 
be derived from amounts collected under section 60301 of this 
title.]

                                  
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