House Report 112-297 - PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB CREATION ACT OF 2011[House Report 112-297]
[From the U.S. Government Printing Office]


112th Congress                                            Rept. 112-297
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
  PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB CREATION ACT OF 2011

                                _______
                                

December 1, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Mica, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2845]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2845) 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, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation and Summary...........................    10
Background and Need for the Legislation..........................    10
Legislative History..............................................    11
Hearings.........................................................    11
Committee Votes..................................................    12
Committee Oversight Findings.....................................    12
New Budget Authority and Tax Expenditures........................    12
Congressional Budget Office Cost Estimate........................    12
Performance Goals and Objectives.................................    16
Advisory on Earmarks.............................................    16
Federal Mandates Statement.......................................    16
Preemption Clarification.........................................    16
Advisory Committee Statement.....................................    16
Applicability to the Legislative Branch..........................    16
Section-by-Section Analysis......................................    17
Changes in Existing Law Made by the Bill, as Reported............    21
Exchange of Letters..............................................    32

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
                    DEFINITIONS; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011''.
  (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
  (c) Definitions.--Any term used in this Act that is defined in 
chapter 601 of title 49, United States Code, shall have the meaning 
given that term in that chapter.
  (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan 
compliance.
Sec. 11. Transportation-related oil flow lines.
Sec. 12. Cost recovery for design reviews.
Sec. 13. Biofuel pipelines.
Sec. 14. Carbon dioxide pipelines.
Sec. 15. Study of transportation of diluted bitumen.
Sec. 16. Study of non-petroleum hazardous liquids transported by 
pipeline.
Sec. 17. Clarifications.
Sec. 18. Maintenance of effort.
Sec. 19. Administrative enforcement process.
Sec. 20. Gas and hazardous liquid gathering lines.
Sec. 21. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

  (a) General Penalties; Penalty Considerations.--Section 60122 is 
amended--
          (1) in subsection (a)(1)--
                  (A) in the first sentence by striking ``$100,000'' 
                and inserting ``$175,000''; and
                  (B) in the last sentence by striking ``$1,000,000'' 
                and inserting ``$1,750,000''; and
          (2) in subsection (b)(1)(B) by striking ``the ability to 
        pay,''.
  (b) Operator Assistance in Investigations.--Section 60118(e) is 
amended to read as follows:
  ``(e) Operator Assistance in Investigations.--
          ``(1) Assistance and access.--If the Secretary or the 
        National Transportation Safety Board investigates an accident 
        involving a pipeline facility, the operator of the facility 
        shall--
                  ``(A) 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
                  ``(B) afford all reasonable assistance in the 
                investigation of the accident.
          ``(2) Operator assistance in investigations.--
                  ``(A) In general.--The Secretary may impose a civil 
                penalty under section 60122 on a person who obstructs 
                or prevents the Secretary from carrying out inspections 
                or investigations under this chapter.
                  ``(B) Definitions.--In this paragraph, the following 
                definitions apply:
                          ``(i) Obstructs.--The term `obstructs' 
                        includes actions that were known, or reasonably 
                        should have been known, to prevent, hinder, or 
                        impede an investigation without good cause.
                          ``(ii) Good cause.--The term `good cause' 
                        includes, at a minimum, restricting access to 
                        facilities that are not secure or safe for non-
                        pipeline personnel or visitors.''.
  (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) is 
amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
  (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
          (1) in the subsection heading by striking ``and Waiver 
        Orders'' and inserting ``, Orders, and Other Final Agency 
        Actions''; and
          (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of this title'' and inserting ``under 
        this chapter''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

  (a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
  ``(a) Minimum Standards.--
          ``(1) In general.--In order to qualify for a grant under 
        section 6106, a State one-call notification program, at a 
        minimum, shall 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.--In order to qualify for a grant 
        under section 6106, a State one-call notification program may 
        not exempt municipalities, State agencies, or their contractors 
        from its one-call notification system requirements.''.
  (b) State Damage Prevention Programs.--Section 60134(a) is amended--
          (1) in paragraph (1) by striking ``and'' after the semicolon;
          (2) in paragraph (2)(B) by striking ``(b).'' and inserting 
        ``(b); and''; and
          (3) by adding at the end the following:
          ``(3) does not provide any exemptions to municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.''.
  (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.
  (d) Third Party Damage.--
          (1) Study.--The Secretary of Transportation shall conduct a 
        study on the impact of third party damage on pipeline safety.
          (2) Contents.--The study shall include--
                  (A) an analysis of the frequency and severity of 
                different types of third party damage incidents;
                  (B) an analysis of exemptions to the one-call 
                notification system requirements in each State;
                  (C) a comparison of exemptions to the one-call 
                notification system requirements in each State to the 
                types of third party damage incidents in that State; 
                and
                  (D) an analysis of the potential safety benefits and 
                adverse consequences of eliminating all exemptions for 
                mechanized excavation from State one-call notification 
                systems.
          (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the House 
        of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce and the 
        Senate Committee on Commerce, Science, and Transportation a 
        report on the results of the study.

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

  Section 60102 is amended--
          (1) by striking subsection (j)(3); and
          (2) by adding at the end the following:
  ``(n) Automatic and Remote-Controlled Shut-Off Valves for New 
Transmission Pipelines.--
          ``(1) In general.--The Secretary may require by regulation, 
        if determined appropriate by the Secretary, the use of 
        automatic or remote-controlled shut-off valves, or equivalent 
        technology, where economically, technically, and operationally 
        feasible on transmission pipeline facilities constructed or 
        entirely replaced after the date on which the Secretary issues 
        the final rule containing such requirement.
          ``(2) Factors for consideration.--In determining whether to 
        proceed with a rulemaking under paragraph (1), the Secretary 
        shall consider the factors specified in subsection (b)(2).''.

SEC. 5. INTEGRITY MANAGEMENT.

  (a) Evaluation.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall evaluate--
          (1) whether integrity management system requirements, or 
        elements thereof, should be expanded beyond high consequence 
        areas; and
          (2) with respect to gas transmission pipeline facilities, 
        whether applying integrity management program requirements, or 
        elements thereof, to additional areas would mitigate the need 
        for class location requirements.
  (b) Repair Criteria.--In conducting the evaluation under subsection 
(a), the Secretary shall consider applying repair criteria, such as 
pressure reductions and special requirements for scheduling 
remediation, to areas that are not high consequence areas.
  (c) Report.--Based on the evaluation to be conducted under subsection 
(a), the Secretary shall submit to the House of Representatives 
Committee on Transportation and Infrastructure and Committee on Energy 
and Commerce and the Senate Committee on Commerce, Science, and 
Transportation a report containing the Secretary's analysis and 
findings regarding--
          (1) expansion of integrity management requirements, or 
        elements thereof, beyond high consequence areas; and
          (2) with respect to gas transmission pipeline facilities, 
        whether applying the integrity management program requirements, 
        or elements thereof, to additional areas would mitigate the 
        need for class location requirements.
  (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a).
  (e) Technical Correction.--Section 60109(c)(3)(B) is amended to read 
as follows:
                  ``(B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of once 
                every 7 calendar years, using methods described in 
                subparagraph (A). Such deadline shall be extended for 
                an additional 6 months if the operator submits written 
                notice to the Secretary that includes an explanation of 
                the need for the extension.''.
  (f) Rulemaking Requirements.--
          (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                  (A) the date that is 1 year after the date of 
                completion of the report under subsection (c); or
                  (B) the date that is 3 years after the date of 
                enactment of this Act.
          (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (c) and implement appropriate recommendations, 
        the Secretary shall not, during the review period, proceed with 
        a rulemaking to prescribe regulations described in paragraph 
        (3).
          (3) Standards.--Following the review period, the Secretary 
        may, as appropriate, prescribe regulations that--
                  (A) expand integrity management system requirements, 
                or elements thereof, beyond high consequence areas; and
                  (B) remove redundant class location requirements for 
                gas transmission pipeline facilities that are regulated 
                under an integrity management program adopted and 
                implemented under section 60109(c)(2) of title 49, 
                United States Code.
          (4) Savings clause.--
                  (A) In general.--Notwithstanding any other provision 
                of this subsection, the Secretary, during the review 
                period, may proceed to a rulemaking to prescribe 
                regulations described in paragraph (3), and may 
                prescribe the regulations, if the Secretary determines 
                that a condition that poses a risk to public safety, 
                property, or the environment is present or an imminent 
                hazard exists and that the rulemaking will address the 
                risk or hazard.
                  (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.
  (g) Report to Congress on Risk-Based Pipeline Reassessment 
Intervals.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall evaluate--
          (1) whether risk-based reassessment intervals are a more 
        effective alternative for managing risks to pipelines in high-
        consequence areas once baseline assessments are complete when 
        compared to a 7-year reassessment interval;
          (2) the number of anomalies found in baseline assessments 
        required under section 60109(c)(3)(A) of title 49, United 
        States Code, as compared to the number of anomalies found in 
        reassessments required under section 60109(c)(3)(B) of such 
        title; and
          (3) the progress made in incorporating the recommendations in 
        GAO Report 06-945 and the current relevance of recommendations 
        not incorporated to date.
  (h) High Consequence Area Defined.--In this section, the term ``high 
consequence area'' means an area described in section 60109(a) of title 
49, United States Code.

SEC. 6. PUBLIC EDUCATION AND AWARENESS.

  (a) National Pipeline Mapping System.--
          (1) Map of high consequence areas.--The Secretary of 
        Transportation shall--
                  (A) maintain, as part of the National Pipeline 
                Mapping System, a map of all designated high 
                consequence areas (as described in section 60109(a) of 
                title 49, United States Code) in which pipelines are 
                required to meet integrity management safety 
                regulations, excluding any proprietary or sensitive 
                security information; and
                  (B) update the map biennially.
          (2) Program to promote awareness of national pipeline mapping 
        system.--Not later than 1 year after the date of enactment of 
        this Act, the Secretary shall develop and implement a program 
        promoting greater awareness of the existence of the National 
        Pipeline Mapping System to State and local emergency responders 
        and other interested parties. The program shall include 
        guidance on how to use the National Pipeline Mapping System to 
        locate pipelines in communities and local jurisdictions.
  (b) Information to Emergency Response Agencies.--
          (1) Guidance.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall issue guidance to 
        owners and operators of pipeline facilities on the importance 
        of providing system-specific information about their pipeline 
        facilities to emergency response agencies of the communities 
        and jurisdictions in which those facilities are located.
          (2) Consultation.--Before issuing guidance under paragraph 
        (1), the Secretary shall consult with owners and operators of 
        pipeline facilities to determine the extent to which the owners 
        and operators are already providing system-specific information 
        about their pipeline facilities to emergency response agencies.

SEC. 7. CAST IRON GAS PIPELINES.

  (a) Follow-Up Surveys.--Section 60108(d) is amended by adding at the 
end the following:
  ``(4) Not later than December 31, 2012, and every 2 years thereafter, 
the Secretary shall conduct a follow-up survey to measure the progress 
that owners and operators of pipeline facilities have made in 
implementing their plans for the safe management and replacement of 
cast iron gas pipelines.''.
  (b) Status Report.--Not later than December 31, 2013, the Secretary 
of Transportation shall transmit to the House of Representatives 
Committee on Transportation and Infrastructure and Committee on Energy 
and Commerce and the Senate Committee on Commerce, Science, and 
Transportation a report that--
          (1) identifies the total mileage of cast iron gas pipelines 
        in the United States; and
          (2) evaluates the progress that owners and operators of 
        pipeline facilities have made in implementing their plans for 
        the safe management and replacement of cast iron gas pipelines.

SEC. 8. LEAK DETECTION.

  (a) Leak Detection Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure and Committee on Energy and 
        Commerce a report on leak detection systems utilized by 
        operators of hazardous liquid pipeline facilities and 
        transportation-related flow lines.
          (2) Contents.--The report shall include--
                  (A) an analysis of the technical limitations of 
                current leak detection systems, including the systems' 
                ability to detect ruptures and small leaks that are 
                ongoing or intermittent, and what can be done to foster 
                development of better technologies; and
                  (B) an analysis of the feasibility of establishing 
                technically, operationally, and economically feasible 
                standards for the capability of such systems to detect 
                leaks, and the safety benefits and adverse consequences 
                of requiring operators to use leak detection systems.
  (b) Rulemaking Requirements.--
          (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                  (A) the date that is 1 year after the date of 
                completion of the report under subsection (a); or
                  (B) the date that is 2 years after the date of 
                enactment of this Act.
          (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (a) and implement appropriate recommendations, 
        the Secretary shall not, during the review period, proceed with 
        a rulemaking to prescribe regulations described in paragraph 
        (3).
          (3) Standards.--Following the review period, the Secretary 
        may, as appropriate, prescribe regulations that--
                  (A) require operators of hazardous liquid pipeline 
                facilities to use leak detection systems; and
                  (B) establish technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks.
          (4) Savings clause.--
                  (A) In general.--Notwithstanding any other provision 
                of this subsection, the Secretary, during the review 
                period, may proceed to a rulemaking to prescribe 
                regulations described in paragraph (3), and may 
                prescribe the regulations, if the Secretary determines 
                that a condition that poses a risk to public safety, 
                property, or the environment is present or an imminent 
                hazard exists and that the rulemaking will address the 
                risk or hazard.
                  (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.

  (a) Revision of Regulations.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Transportation shall revise 
regulations issued under sections 191.5 and 195.52 of title 49, Code of 
Federal Regulations, to establish specific time limits for telephonic 
or electronic notice of accidents and incidents involving pipeline 
facilities to the Secretary and the National Response Center.
  (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
          (1) establish time limits for telephonic or electronic 
        notification of an accident or incident to require such 
        notification not less than 1 hour and not more than 2 hours 
        after discovery of the accident or incident;
          (2) review procedures for owners and operators of pipeline 
        facilities and the National Response Center to provide thorough 
        and coordinated notification to all relevant State and local 
        emergency response officials, including 911 emergency call 
        centers, for the jurisdictions in which those pipeline 
        facilities are located in the event of an accident or incident, 
        and revise such procedures as appropriate; and
          (3) require such owners and operators to revise their initial 
        telephonic or electronic notice to the Secretary and the 
        National Response Center with an estimated amount of the 
        product released, an estimated number of fatalities and 
        injuries, if any, and any other information determined 
        appropriate by the Secretary within 24 to 48 hours of the 
        accident or incident, to the extent practicable.
  (c) Updating of Reports.--After receiving revisions described in 
subsection (b)(3), the National Response Center shall update the 
initial report on an accident or incident instead of generating a new 
report.

SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
                    COMPLIANCE.

  (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.
  (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking 
``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 11. TRANSPORTATION-RELATED OIL FLOW LINES.

  Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
  ``(o) Transportation-Related Oil Flow Lines.--
          ``(1) Data collection.--The Secretary may collect geospatial 
        or technical 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.''.

SEC. 12. COST RECOVERY FOR DESIGN REVIEWS.

  (a) In General.--Section 60117(n) is amended to read as follows:
  ``(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 facility or liquefied natural gas 
                pipeline facility, the Secretary may require the person 
                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 
                subsection, 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 
                subsection. The Secretary shall not collect design 
                safety review fees under this chapter 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, as adjusted 
                        for inflation, based on a good faith estimate 
                        developed by the person proposing the project; 
                        or
                          ``(ii) uses new or novel technologies or 
                        design.
          ``(2) Notification.--For any new pipeline facility 
        construction project for which the Secretary will conduct 
        design reviews, the person 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. If 
        the Secretary determines that the proposed design of the 
        project is inconsistent with pipeline safety, the Secretary 
        shall provide written comments, feedback, and guidance on the 
        project on or before the 60th day following the date of receipt 
        of the design specifications, construction plans and 
        procedures, and related materials for the project.
          ``(3) Pipeline safety design review fund.--
                  ``(A) Establishment.--There is established a Pipeline 
                Safety Design Review Fund in the Treasury of the United 
                States.
                  ``(B) Deposits.--The Secretary shall deposit funds 
                paid under this subsection into the Fund.
                  ``(C) Use.--Amounts in the Fund shall be available to 
                the Secretary, in amounts specified in appropriations 
                Acts, to offset the costs of conducting facility design 
                safety reviews under this subsection.
          ``(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 (1)(B).''.
  (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the meaning of the term ``new or novel technologies or design'' 
as used in section 60117(n) of title 49, United States Code, as amended 
by subsection (a) of this section.

SEC. 13. BIOFUEL PIPELINES.

  Section 60101(a)(4) is amended--
          (1) in subparagraph (A) by striking ``and'' after the 
        semicolon;
          (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
          (3) by inserting after subparagraph (A) the following:
                  ``(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''.

SEC. 14. CARBON DIOXIDE PIPELINES.

  Section 60102(i) is amended to read as follows:
  ``(i) Pipelines Transporting Carbon Dioxide.--
          ``(1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for the transportation of 
        carbon dioxide by pipeline in a gaseous state.
          ``(2) Standards applicable to certain pipelines.--For 
        pipelines that transport carbon dioxide in both a liquid and 
        gaseous state, the Secretary shall apply standards, in effect 
        on the date of enactment of the Pipeline Safety, Regulatory 
        Certainty, and Job Creation Act of 2011, for the transportation 
        of carbon dioxide by pipeline in a liquid state to the 
        transportation of carbon dioxide by pipeline in a gaseous 
        state.''.

SEC. 15. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

  Not later than 18 months after the date of enactment of this Act, the 
Secretary of Transportation shall complete a comprehensive review of 
hazardous liquid pipeline facility regulations to determine whether 
these regulations are sufficient to regulate pipeline facilities used 
for the transportation of diluted bitumen. In conducting this review, 
the Secretary shall conduct an analysis of whether any increase in risk 
of release exists for pipeline facilities transporting diluted bitumen. 
The Secretary shall report the results of this review to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 16. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
                    PIPELINE.

  The Secretary of Transportation may conduct an analysis of the 
transportation of non-petroleum hazardous liquids by pipeline facility 
for the purpose of identifying the extent to which pipeline facilities 
are currently being used to transport non-petroleum hazardous liquids, 
such as chlorine, from chemical production facilities across land areas 
not owned by the producer that are accessible to the public. The 
analysis should identify the extent to which the safety of the pipeline 
facilities is unregulated by the States and evaluate whether the 
transportation of such chemicals by pipeline facility across areas 
accessible to the public would present significant risks to public 
safety, property, or the environment in the absence of regulation. The 
results of the analysis shall be made available to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 17. CLARIFICATIONS.

  (a) Amendment of Procedures Clarification.--Section 60108(a)(1) is 
amended by striking ``an intrastate'' and inserting ``a''.
  (b) Owner and Operator Clarification.--Section 60102(a)(2)(A) is 
amended by striking ``owners and operators'' and inserting ``any or all 
of the owners or operators''.

SEC. 18. MAINTENANCE OF EFFORT.

  Section 60107(b) is amended by adding at the end the following: ``For 
each of fiscal years 2012 and 2013, the Secretary shall grant such a 
wavier to a State if the 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. For fiscal year 2014 and each fiscal year 
thereafter, the Secretary may grant such a waiver to a State if the 
State can make the demonstration described in the preceding 
sentence.''.

SEC. 19. ADMINISTRATIVE ENFORCEMENT PROCESS.

  (a) Issuance of Regulations.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall prescribe 
        regulations--
                  (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 to be convened before a presiding 
                official;
                  (B) providing the opportunity for any person 
                requesting a hearing under section 60112, 60117, 60118, 
                or 60122 to arrange for a transcript of that hearing, 
                at the expense of the requesting person;
                  (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e);
                  (D) implementing a separation of functions between 
                personnel involved with investigative and prosecutorial 
                activities and advising the Secretary on findings and 
                determinations; and
                  (E) prohibiting ex-parte communication relevant to 
                the question to be decided in the case by parties to an 
                investigation or hearing.
          (2) Presiding official.--The regulations prescribed under 
        this subsection shall--
                  (A) define the term ``presiding official'' to mean 
                the person who conducts any hearing relating to civil 
                penalty assessments, compliance orders, safety orders, 
                or corrective action orders; and
                  (B) require that the presiding official must be an 
                attorney on the staff of the Deputy Chief Counsel that 
                is not engaged in investigative or prosecutorial 
                functions, including the preparation of notices of 
                probable violations, notices relating to civil penalty 
                assessments, notices relating to compliance, or notices 
                of proposed corrective actions.
          (3) Expedited review.--The regulations prescribed under this 
        subsection shall define the term ``expedited review'' for the 
        purposes of paragraph (1)(C).
  (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
  ``(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 20. GAS AND HAZARDOUS LIQUID GATHERING LINES.

  (a) Review.--The Secretary of Transportation shall complete a review 
of existing Federal and State regulations for gas and hazardous liquid 
gathering lines located onshore and offshore in the United States, 
including within the inlets of the Gulf of Mexico.
  (b) Report to Congress.--
          (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the House 
        of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce and the 
        Senate Committee on Commerce, Science, and Transportation a 
        report on the results of the review.
          (2) Recommendations.--The report shall include the 
        Secretary's recommendations with respect to--
                  (A) the sufficiency of existing Federal and State 
                laws and regulations to ensure the safety of gas and 
                hazardous liquid gathering lines;
                  (B) quantifying the economical and technical 
                practicability and challenges of applying existing 
                Federal regulations to gathering lines that are 
                currently not subject to Federal regulation when 
                compared to the public safety benefits; and
                  (C) subject to a risk-based assessment, the need to 
                modify or revoke existing exemptions from Federal 
                regulation for gas and hazardous liquid gathering 
                lines.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

  (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read as 
follows:
  ``(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), there is authorized to be 
        appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $88,014,000, of which $4,686,000 is for carrying 
        out such section 12 and $34,461,000 is for making grants.
          ``(2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1), there is 
        authorized to be appropriated for each of fiscal years 2012 
        through 2015 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), $18,905,000, of 
        which $2,185,000 is for carrying out such section 12 and 
        $4,985,000 is for making grants.''.
  (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
  (c) One-Call Notification Programs.--Section 6107 is amended--
          (1) in subsection (a) by striking ``2007 through 2010.'' and 
        inserting ``2012 through 2015.'';
          (2) in subsection (b) by striking ``2007 through 2010.'' and 
        inserting ``2012 through 2015.''; and
          (3) by striking subsection (c).
  (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
  ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall 
remain available until expended.''.
  (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
          (1) in subsection (b)--
                  (A) by inserting ``to grant recipients and their 
                contractors'' after ``this section''; and
                  (B) by inserting ``, for any type of advocacy 
                activity for or against a pipeline construction or 
                expansion project,'' after ``for lobbying''; and
          (2) in subsection (d) by striking ``2010'' and inserting 
        ``2015''.
  (f) Pipeline Transportation Research and Development.--Section 12 of 
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is 
amended--
          (1) in subsection (d) by adding at the end the following:
          ``(3) Ongoing pipeline transportation research and 
        development.--
                  ``(A) In general.--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 every 2 years.
                  ``(B) Consultation.--The Secretary of Transportation 
                shall comply with the consultation requirements of 
                subsection (d)(2) when preparing the program plan and 
                in the selection and prioritization of research and 
                development projects.
                  ``(C) Funding from non-federal sources.--When 
                carrying out research and development activities, the 
                Secretary, to the greatest extent practicable, shall 
                obtain funding for research and development projects 
                from non-Federal sources.''; and
          (2) in subsection (f) by striking ``2003 through 2006.'' and 
        inserting ``2012 through 2015.''.

                 Purpose of the Legislation and Summary

    H.R. 2845 amends title 49, United States Code, to 
reauthorize the federal pipeline safety programs administered 
by the Pipeline and Hazardous Materials Safety Administration 
(PHMSA) of the U.S. Department of Transportation (USDOT) for 
fiscal years 2012 through 2015. H.R. 2845 provides for enhanced 
safety in pipeline transportation and provides for enhanced 
reliability in the transportation of the Nation's energy 
products by pipeline. The bill also ensures regulatory 
certainty which will help create a positive environment for job 
development.

                  Background and Need for Legislation

    The Nation's pipelines are a transportation system that 
enables the safe movement of extraordinary quantities of energy 
products to industry and consumers, literally fueling our 
economy and way of life. Pipelines are the arteries of the 
Nation's energy infrastructure, as well as the safest and least 
costly ways to transport energy products.
    PHMSA is the federal safety authority for the Nation's 2.3 
million miles of natural gas, petroleum and other hazardous 
liquid pipelines. PHMSA's pipeline safety programs ensure the 
safe design, construction, testing, operation, maintenance, and 
emergency response of U.S. hazardous liquid and natural gas 
pipeline facilities.
    The federal pipeline safety programs were last authorized 
under the Pipeline Inspection, Protection, Enforcement, and 
Safety Act of 2006 (Public Law 109-468), a four-year 
authorization for fiscal years 2007 through 2010. The federal 
pipeline safety programs expired on September 30, 2010. This 
bill authorizes these programs through fiscal year 2015.
    The bill increases the maximum amount of civil penalties 
the U.S. can seek from pipeline owners or operators who violate 
pipeline safety rules and regulations. H.R. 2845 requires 
states to eliminate most exemptions to their ``Call Before You 
Dig'' programs in order to receive federal grant funding. The 
bill allows the Secretary to issue a rulemaking requiring the 
installation of automatic and remote-controlled shutoff valves 
on newly constructed transmission pipelines but does not 
require operators to retrofit existing pipelines.
    The bill requires the Secretary to study expanding pipeline 
integrity management requirements and leak detection systems 
but gives Congress the final say in whether or not the 
requirements should be expanded or the leak detection systems 
should be installed. H.R. 2845 requires USDOT and pipeline 
operators to provide information to first responders on the 
location of pipelines in their jurisdiction. The bill requires 
USDOT to review regulations regarding accident reporting 
requirements for pipeline operators.
    The bill authorizes funding to be appropriated for several 
pipeline safety programs. Specifically, the bill authorizes 
$107 million a year to be appropriated for safety inspections. 
The bill also authorizes grants to states funded from pipeline 
safety fees collected from pipeline operators. Further, it 
authorizes approximately $13 million a year to be appropriated 
out of the General Fund for emergency response grants and 
damage prevention programs.

                          Legislative History

    The federal pipeline safety programs expired on September 
30, 2010. This bill authorizes these programs through fiscal 
year 2015. On September 7, 2011, Subcommittee Chairman Shuster 
and Committee Chairman Mica introduced H.R. 2845. On September 
8, 2011, the Committee on Transportation and Infrastructure met 
in open session to consider H.R. 2845, and ordered the bill 
reported favorably to the House by voice vote with a quorum 
present.

                                Hearings

    On May 10, 2010, the Subcommittee on Railroads, Pipelines 
and Hazardous Materials held an oversight hearing on PHMSA's 
progress implementing the Pipeline Inspection, Protection, 
Enforcement and Safety Act of 2006.
    On June 29, 2010, the Subcommittee on Railroads, Pipelines 
and Hazardous Materials held an oversight hearing on the 
federal and state pipeline safety regulatory regime for 
hazardous liquid pipelines.
    On July 15, 2010, the Subcommittee on Railroads, Pipelines 
and Hazardous Materials held an oversight hearing on how 
federal integrity management system requirements impact the 
safety of hazardous liquid pipelines.
    On July 18, 2010, the Subcommittee on Railroads, Pipelines 
and Hazardous Materials held an oversight hearing on public 
awareness and education programs carried out by pipeline owners 
and operators.
    On September 15, 2010, the Committee on Transportation and 
Infrastructure held a hearing to receive testimony on the 
Enbridge pipeline failure that occurred on July 25, 2010, in 
Marshall, Michigan.
    On July 14, 2011, the Subcommittee on Railroads, Pipelines 
and Hazardous Materials held an oversight hearing entitled 
``Silvertip Pipeline Oil Spill in Yellowstone County, 
Montana,'' to examine the July 1, 2011, release of crude oil 
from the Silvertip Pipeline in Yellowstone County, Montana.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. During consideration of H.R. 2845, no recorded 
votes were taken. The bill was reported to the House with a 
favorable recommendation after a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Transportation and 
Infrastructure's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the estimated annual funding 
levels authorized for the programs funded from pipeline safety 
fees collected from pipeline operators under H.R. 2845 are the 
same annual funding levels authorized for such programs under 
current law in fiscal year 2010. The estimated annual funding 
levels authorized for pipeline safety programs authorized to be 
appropriated out of the General Fund under H.R. 2845 are equal 
to the annual funding levels appropriated out of the General 
Fund in FY 2010. This legislation does not authorize any new or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2845, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 27, 2011.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2845, the Pipeline 
Safety, Regulatory Certainty, and Job Creation 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.

H.R. 2845--Pipeline Safety, Regulatory Certainty, and Job Creation 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, H.R. 2845 would authorize gross appropriations of 
$505 million over the 2012-2016 period. CBO expects, however, 
that about $434 million of those appropriations would be offset 
by fees paid by pipeline operators over the four-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. CBO estimates that implementing H.R. 2845 
would have a net cost of $45 million over the 2012-2016 period, 
assuming appropriation of the specified and estimated amounts.
    Pay-as-you-go procedures apply because enacting the 
legislation could affect revenues. H.R. 2845 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 over the next 10 years. Enacting the bill would 
not affect direct spending.
    H.R. 2845 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). Because many 
of the mandates on private entities would depend on future 
regulations, CBO cannot determine whether 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 H.R. 2845 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   2011-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Spending for Pipeline Safety:
    Estimated Authorization Level.......................      124      125      125      126        5       505
    Estimated Outlays...................................       61      107      120      125       66       479
Offsetting Collections from User Fees and Alaska
 Pipeline Design Review:
    Estimated Authorization Level.......................     -106     -107     -107     -109       -5      -434
    Estimated Outlays...................................     -106     -107     -107     -109       -5      -434
Estimated Net Spending:
    Estimated Authorization Level.......................       18       18       18       18        0        72
    Estimated Outlays...................................      -45        0       13       16       61        45
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2845 will be enacted near the end of 2011 and that the 
authorized amounts for 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. H.R. 2845 would reauthorize 
the laws that govern PHMSA's role in pipeline safety. CBO 
estimates that the bill would authorize the appropriation of 
$505 million for PHMSA's pipeline safety activities over the 
2012-2016 period. (In 2011, PHMSA appropriations for pipeline 
safety totaled $106 million.) The bill would require PHMSA to 
revise certain pipeline safety regulations and to complete a 
number of studies and reports concerning pipeline safety. CBO 
estimates that implementing those provisions would cost $479 
million, assuming appropriation of the specified and necessary 
amounts. However, CBO expects that more than 85 percent of 
those costs would be recovered by PHMSA via user fees. CBO also 
expects that most of the remaining spending would be 
appropriated from fees deposited into the Oil Spill Liability 
Trust Fund.
    Offsetting Collections from User Fees and Alaska Pipeline 
Design Review. Under provisions of the bill, CBO estimates that 
PHMSA would collect $434 million in user fees over the 2012-
2016 period. Those amounts include user fees authorized under 
current law based on the appropriated level of funding and new 
fees for PHMSA activities related to the approval of a large 
pipeline in Alaska.

Revenues

    H.R. 2845 would increase the maximum penalties PHMSA can 
impose for certain violations of safety regulations that cause 
serious environmental damage or result in serious injuries or 
death. The bill also would permit the imposition of new 
penalties for obstructing inspections or investigations by 
PHMSA. Based on PHMSA's past penalty collections, CBO estimates 
that those provisions would result in revenue increases of less 
than $500,000 in any year 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 H.R. 2845 would have a negligible effect on 
revenues.
    Intergovernmental and private sector impact: H.R. 2845 
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). 
Because many of the mandates on private entities would depend 
on future regulations, CBO cannot determine whether the 
aggregate cost of the private-sector mandates 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

    Integrity Management. The bill would authorize PHMSA to 
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 that the cost 
to state and local governments would be small.
    Shut-Off Valves. The bill would authorize PHMSA to require 
operators of transmission pipelines to install shut-off valves 
in new transmission pipelines and in ones that are entirely 
replaced. 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.
    Notification and Reporting Requirements. The bill would 
require pipeline operators to notify emergency responders of 
accidents or incidents within specified time limits. The bill 
also would require operators of cast iron gas pipelines to 
provide information on the management and replacement of 
pipelines to PHMSA. CBO estimates that the cost of those 
mandates to public and private entities would be minimal.

Mandates that apply to private entities only

    Leak Detection. The bill would require operators of 
hazardous liquid pipelines, such as oil pipelines, to use leak 
detection technologies where feasible. Under the bill, PHMSA 
would be authorized to 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. The bill could impose a mandate on pipeline 
operators that transport oil by allowing PHMSA to collect 
additional data on oil flow lines. Because CBO does not know 
what information PHMSA would require operators to report, we 
have 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 $107 million in additional fees per year to pipeline 
operators over the 2012-2015 period as a result of enactment of 
the bill.
    Other Requirements. The bill would impose two other new 
requirements on pipeline operators. Specifically, the bill 
would impose additional safety requirements on pipelines 
transporting biofuels 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.
    Previous CBO estimate: On June 9, 2011, CBO transmitted a 
cost estimate for S. 275, the Pipeline Transportation Safety 
Improvement Act of 2011, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on May 5, 
2011. That bill would authorize the pipeline safety activities 
conducted by PHMSA for three years; funds for the agency would 
be authorized for four years. The gross authorization of 
appropriations in S. 275 totaled $420 million. The CBO cost 
estimates reflect those differences.
    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: 
Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the performance and goals of H.R. 
2845 are 
to improve the safety of pipeline transportation, to provide 
for enhanced reliability in the transportation of the Nation's 
energy products by pipeline, and to create jobs by providing 
regulatory certainty.

                          Advisory of Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2845 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2845 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                      Section-by-Section Analysis

    The following describes the bill as reported by the 
Committee.

Section 1. Short title; Amendment of Title 49, United States Code; 
        Table of contents

    This section provides the title of the bill; clarifies that 
except where otherwise expressly provided, changes made in this 
Act are considered to be made to a section or other provision 
of title 49, United States Code; and provides a table of 
contents.

Section 2. Civil penalties

    This section increases civil penalties for certain 
violations from $100,000 to $175,000, increases the maximum 
civil penalty for a related series of violations from 
$1,000,000 to $1,750,000, and strikes ``the ability to pay'' 
from the Secretary of Transportation's considerations when 
determining the amount of a civil penalty.
    This section provides the Secretary the authority to impose 
civil penalties for certain violations on a person who 
obstructs or prevents the Secretary from carrying out certain 
inspections or investigations.
    This section removes the cap on the maximum amount of civil 
penalties for administrative enforcement actions under section 
60122.

Section 3. Pipeline damage prevention

    Subsection (a) revises the minimum standards for State One-
call Notification Programs by prohibiting exemptions for 
municipalities, state agencies, or their contractors.
    Subsection (b) prohibits exemptions for municipalities, 
state agencies, or their contractors in State Damage Prevention 
Programs.
    Subsection (c) sets an effective date for this section of 2 
years after the date of enactment of this Act.
    Subsection (d) requires the Secretary to conduct a study on 
the impact of third party damage on pipeline safety and submit 
a report on the results of the study to Congress no later than 
2 years after the date of enactment of this Act.

Section 4. Automatic and remote-controlled shut-off valves

    This section provides the Secretary the authority to 
require, if the Secretary determines appropriate, the use of 
automatic or remote-controlled shut-off valves, or equivalent 
technology, where economically, technically, and operationally 
feasible on new transmission pipeline facilities. This does not 
impact existing pipeline facilities.

Section 5. Integrity management

    Subsection (a) requires the Secretary to evaluate whether 
integrity management system requirements should be expanded 
beyond high consequence areas (high population density areas 
and environmentally sensitive areas) and, with respect to gas 
transmission pipeline facilities, whether applying integrity 
management program requirements to additional areas would 
mitigate the need for class location requirements.
    Subsection (b) requires the Secretary to consider applying 
repair criteria requirements to areas beyond high consequence 
areas in the evaluation in subsection (a).
    Subsection (c) requires the Secretary to submit a report to 
Congress based on the evaluation in subsection (a).
    Subsection (d) requires the Secretary to collect any 
relevant data necessary to complete the evaluation required by 
subsection (a).
    Subsection (e) provides for up to an additional 6 month 
extension to the once every 7 years periodic reassessment 
requirements for gas transmission pipelines.
    Subsection (f) outlines the rulemaking process for the 
expansion of the integrity management program. This section 
provides Congress a period of time to make legislative changes 
to the integrity management program after the report described 
in subsection (c) is completed. However, this subsection also 
allows the Secretary to move forward with a rulemaking before 
Congress acts if the Secretary determines that a risk to public 
safety, property, or environment or imminent hazard exists.
    Subsection (g) requires the Inspector General of the 
Department of Transportation to evaluate risk-based pipeline 
reassessment intervals.

Section 6. Public education and awareness

    Subsection (a) requires the Secretary to maintain, as part 
of the National Pipeline Mapping System, a map of all 
designated high consequence areas in which pipelines are 
required to meet integrity management safety regulations 
(excluding any proprietary or sensitive security information) 
and to update the map biennially. Additionally, subsection (a) 
requires the Secretary to develop and implement a program to 
promote awareness of the National Pipeline Mapping System.
    Subsection (b) requires the Secretary to issue guidance to 
owners and operators of pipeline facilities on the importance 
of providing system-specific information about their pipeline 
facilities to the emergency response agencies of the 
communities in which those facilities are located.

Section 7. Cast iron gas pipelines

    Subsection (a) requires the Secretary to conduct a survey 
to measure the progress that owners and operators of pipelines 
facilities have made in implementing their plans for the safe 
management and replacement of cast iron gas pipelines.
    Subsection (b) requires the Secretary to submit a report to 
Congress that identifies the total mileage of cast iron gas 
pipelines in the U.S. and evaluate the progress that owners and 
operators have made in implementing their plans for the safe 
management and replacement of cast iron gas pipelines.

Section 8. Leak detection

    Subsection (a) requires the Secretary to submit a report to 
Congress on leak detection systems utilized by operators of 
hazardous liquid pipeline facilities and transportation-related 
flow lines.
    Subsection (b) outlines the rulemaking process for the 
setting of standards and requirements for pipeline leak 
detection systems. This section provides Congress a period of 
time to make legislative changes to leak detection standards 
and requirements after the report described in subsection (a) 
is completed. However, this subsection also allows the 
Secretary to move forward with a rulemaking before Congress 
acts if the Secretary determines a risk to public safety, 
property, or environment or imminent hazard exists.

Section 9. Accident and incident notification

    Subsection (a) requires the Secretary to establish specific 
time limits for telephonic or electronic notice of accidents 
and incidents involving pipeline facilities to the Secretary 
and the National Response Center.
    Subsection (b) requires the Secretary to, at a minimum, 
establish time limits that are not less than 1 hour and not 
more than 2 hours; review procedures for owners and operators 
of pipeline facilities and the National Response Center to 
provide thorough and coordinated notification to all relevant 
State and local emergency response officials, including 911 
emergency call centers; and requires owners and operators to 
revise their initial notice with revised estimates of product 
releases and any fatalities or injuries within 24 to 28 hours 
of an accident or incident.
    Subsection (c) requires the National Response Center to, 
after receiving revisions described in subsection (b), update 
the initial report on an accident or incident instead of 
generating a new report.

Section 10. Transportation-related onshore facility response plan 
        compliance

    This section clarifies that the Secretary has the authority 
to review transportation-related onshore facility response 
plans.

Section 11. Transportation-related oil flow lines

    This section authorizes the Secretary to collect 
information on transportation-related oil flow lines but 
clarifies that this language does not authorize the Secretary 
to prescribe standards for the movement of oil through 
production flow lines.

Section 12. Cost recovery for design reviews

    This section authorizes the Secretary to require pipeline 
operators to pay for the costs associated with DOT safety 
design reviews of any pipeline construction or expansion 
project over $3.4 billion.

Section 13. Biofuel pipelines

    This section clarifies DOT's authority to oversee the safe 
transportation of biofuels by pipeline.

Section 14. Carbon dioxide pipelines

    This section requires that the Secretary prescribe the 
current safety standards for pipeline transportation of carbon 
dioxide in a liquid state to the transportation of carbon 
dioxide in a gaseous state.

Section 15. Study of the transportation of diluted bitumen

    This section requires the Secretary to complete a 
comprehensive review of hazardous materials liquid pipeline 
facility regulations to determine whether these regulations are 
sufficient to regulate pipeline facilities used for the 
transportation of diluted bitumen. This section also requires 
the Secretary to provide a report to Congress regarding the 
results of this review.

Section 16. Study of non-petroleum hazardous liquids transported by 
        pipeline

    This section provides that the Secretary may conduct an 
analysis of the transportation of non-petroleum hazardous 
liquids by pipeline facility for the purpose of identifying the 
extent to which pipeline facilities are currently being used to 
transport non-petroleum hazardous liquids from chemical 
production facilities across land areas not owned by the 
producer that are accessible to the public. This section also 
requires the Secretary to provide a report to Congress 
regarding the results of any analysis.

Section 17. Clarifications

    Subsections (a) and (b) provide for minor technical 
corrections.

Section 18. Maintenance of effort

    This section outlines the process by which the Secretary 
can grant waivers to maintenance of effort requirements for 
pipeline safety programs.

Section 19. Administrative enforcement process

    This section requires the Secretary to prescribe 
regulations that: require hearings under sections 60122, 60117, 
60118, and 60122 of Title 49 to be convened before a presiding 
official; provide the opportunity for any person requesting a 
hearing under 60112, 60117, 30118, or 60122 to arrange for a 
transcript of that hearing at the expense of the requesting 
person; ensures expedited review of any order issued pursuant 
to section 60122(e); implements a separation of functions 
between personnel involved with investigative and prosecutorial 
activities and advising the Secretary on findings and 
determinations; and prohibits ex-parte communication.

Section 20. Gas and hazardous liquid gathering lines

    Subsection (a) requires the Secretary to complete a review 
of existing federal and state regulations for gas and hazardous 
liquid gathering lines located onshore and offshore in the 
United States.
    Subsection (b) requires the Secretary to submit a report to 
Congress on the results of the review.

Section 21. Authorization of appropriations

    This section authorizes funding to be appropriated for 
pipeline safety programs; $107 million a year is authorized to 
be appropriated from pipeline safety fees collected from 
pipeline operators and about $13 million a year is authorized 
to be appropriated from the General Fund for emergency response 
grants and grants to states.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS

           *       *       *       *       *       *       *



Sec. 6103.   Minimum standards for State one-call notification programs

  [(a) Minimum Standards.--In order to qualify for a grant 
under section 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, at a minimum, shall 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.--In order to qualify for a 
        grant under section 6106, a State one-call notification 
        program may not exempt municipalities, State agencies, 
        or their contractors from its one-call notification 
        system requirements.

           *       *       *       *       *       *       *


Sec. 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 $1,000,000 for each of fiscal years [2007 through 
2010.] 2012 through 2015.
  (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 for fiscal years [2007 
through 2010.] 2012 through 2015.
  [(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.]

           *       *       *       *       *       *       *


SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


                          CHAPTER 601--SAFETY

Sec. 60101.   Definitions

  (a) General.--In this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (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);

           *       *       *       *       *       *       *


Sec. 60102.   Purpose and general authority

  (a) Purpose and Minimum Safety Standards.--
          (1) * * *
          (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;

           *       *       *       *       *       *       *

  [(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.--
          (1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for the 
        transportation of carbon dioxide by pipeline in a 
        gaseous state.
          (2) Standards applicable to certain pipelines.--For 
        pipelines that transport carbon dioxide in both a 
        liquid and gaseous state, the Secretary shall apply 
        standards, in effect on the date of enactment of the 
        Pipeline Safety, Regulatory Certainty, and Job Creation 
        Act of 2011, for the transportation of carbon dioxide 
        by pipeline in a liquid state to the transportation of 
        carbon dioxide by pipeline in a gaseous state.
  (j) Emergency Flow Restricting Devices.--(1) * * *

           *       *       *       *       *       *       *

  [(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.]

           *       *       *       *       *       *       *

  (n) Automatic and Remote-Controlled Shut-Off Valves for New 
Transmission Pipelines.--
          (1) In general.--The Secretary may require by 
        regulation, if determined appropriate by the Secretary, 
        the use of automatic or remote-controlled shut-off 
        valves, or equivalent technology, where economically, 
        technically, and operationally feasible on transmission 
        pipeline facilities constructed or entirely replaced 
        after the date on which the Secretary issues the final 
        rule containing such requirement.
          (2) Factors for consideration.--In determining 
        whether to proceed with a rulemaking under paragraph 
        (1), the Secretary shall consider the factors specified 
        in subsection (b)(2).
  (o) Transportation-Related Oil Flow Lines.--
          (1) Data collection.--The Secretary may collect 
        geospatial or technical 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.

           *       *       *       *       *       *       *


Sec. 60107.   State pipeline safety grants

  (a) * * *
  (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. For each of fiscal 
years 2012 and 2013, the Secretary shall grant such a wavier to 
a State if the 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. For fiscal year 2014 and 
each fiscal year thereafter, the Secretary may grant such a 
waiver to a State if the State can make the demonstration 
described in the preceding sentence.

           *       *       *       *       *       *       *


Sec. 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 to file a 
plan for inspection and maintenance for approval.

           *       *       *       *       *       *       *

  (d) Replacing Cast Iron Gas Pipelines.--(1) * * *

           *       *       *       *       *       *       *

  (4) Not later than December 31, 2012, and every 2 years 
thereafter, the Secretary shall conduct a follow-up survey to 
measure the progress that owners and operators of pipeline 
facilities have made in implementing their plans for the safe 
management and replacement of cast iron gas pipelines.

Sec. 60109.   High-density population areas and environmentally 
                    sensitive areas

  (a) * * *

           *       *       *       *       *       *       *

  (c) Risk Analysis and Integrity Management Programs.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Minimum requirements of integrity management 
        programs.--An integrity management program required 
        under paragraph (1) shall include, at a minimum, the 
        following requirements:
                  (A) * * *
                  [(B) Subject to paragraph (5), periodic 
                reassessment of the facility, at a minimum of 
                once every 7 years, using methods described in 
                subparagraph (A).]
                  (B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of 
                once every 7 calendar years, using methods 
                described in subparagraph (A). Such deadline 
                shall be extended for an additional 6 months if 
                the operator submits written notice to the 
                Secretary that includes an explanation of the 
                need for the extension.

           *       *       *       *       *       *       *


Sec. 60117.   Administrative

  (a) * * *

           *       *       *       *       *       *       *

  [(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). 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).]
  (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 
                facility or liquefied natural gas pipeline 
                facility, the Secretary may require the person 
                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 subsection, 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 
                subsection. The Secretary shall not collect 
                design safety review fees under this chapter 
                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, as 
                        adjusted for inflation, based on a good 
                        faith estimate developed by the person 
                        proposing the project; or
                          (ii) uses new or novel technologies 
                        or design.
          (2) Notification.--For any new pipeline facility 
        construction project for which the Secretary will 
        conduct design reviews, the person 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. If the 
        Secretary determines that the proposed design of the 
        project is inconsistent with pipeline safety, the 
        Secretary shall provide written comments, feedback, and 
        guidance on the project on or before the 60th day 
        following the date of receipt of the design 
        specifications, construction plans and procedures, and 
        related materials for the project.
          (3) Pipeline safety design review fund.--
                  (A) Establishment.--There is established a 
                Pipeline Safety Design Review Fund in the 
                Treasury of the United States.
                  (B) Deposits.--The Secretary shall deposit 
                funds paid under this subsection into the Fund.
                  (C) Use.--Amounts in the Fund shall be 
                available to the Secretary, in amounts 
                specified in appropriations Acts, to offset the 
                costs of conducting facility design safety 
                reviews under this subsection.
          (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 (1)(B).

Sec. 60118.   Compliance and waivers

  (a) * * *

           *       *       *       *       *       *       *

  [(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.]
  (e) Operator Assistance in Investigations.--
          (1) Assistance and access.--If the Secretary or the 
        National Transportation Safety Board investigates an 
        accident involving a pipeline facility, the operator of 
        the facility shall--
                  (A) 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
                  (B) afford all reasonable assistance in the 
                investigation of the accident.
          (2) Operator assistance in investigations.--
                  (A) In general.--The Secretary may impose a 
                civil penalty under section 60122 on a person 
                who obstructs or prevents the Secretary from 
                carrying out inspections or investigations 
                under this chapter.
                  (B) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Obstructs.--The term 
                        ``obstructs'' includes actions that 
                        were known, or reasonably should have 
                        been known, to prevent, hinder, or 
                        impede an investigation without good 
                        cause.
                          (ii) Good cause.--The term ``good 
                        cause'' includes, at a minimum, 
                        restricting access to facilities that 
                        are not secure or safe for non-pipeline 
                        personnel or visitors.

           *       *       *       *       *       *       *


Sec. 60119.   Judicial review

  (a) Review of Regulations [and Waiver Orders], 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 or an order issued 
[about an application for a waiver under section 60118(c) or 
(d) of this title] under this chapter 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.

           *       *       *       *       *       *       *

  (3) A judicial review of agency action under this section 
shall apply the standards of review established in section 706 
of title 5.

           *       *       *       *       *       *       *


Sec. 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, including section 60112, or a 
        regulation prescribed or order issued under this 
        chapter. 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. The maximum 
        amount of civil penalties for administrative 
        enforcement actions under section 60122 shall not apply 
        to enforcement actions under this section.

           *       *       *       *       *       *       *


Sec. 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 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 [$100,000] 
$175,000 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] $1,750,000.

           *       *       *       *       *       *       *

  (b) Penalty Considerations.--In determining the amount of a 
civil penalty under this section--
          (1) the Secretary shall consider--
                  (A) * * *
                  (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

           *       *       *       *       *       *       *


Sec. 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.
          [(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) 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), there is 
        authorized to be appropriated to the Department of 
        Transportation for each of fiscal years 2012 through 
        2015, from fees collected under section 60301, 
        $88,014,000, of which $4,686,000 is for carrying out 
        such section 12 and $34,461,000 is for making grants.
          (2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1), there 
        is authorized to be appropriated for each of fiscal 
        years 2012 through 2015 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), $18,905,000, of which 
        $2,185,000 is for carrying out such section 12 and 
        $4,985,000 is for making grants.
  (b) Emergency Response Grants.--
          (1) * * *
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated $10,000,000 for each of 
        fiscal years [2007 through 2010] 2012 through 2015 to 
        carry out this subsection.

           *       *       *       *       *       *       *


Sec. 60130.   Pipeline safety information grants to communities

  (a) * * *
  (b) Prohibited Uses.--Funds provided under this section to 
grant recipients and their contractors may not be used for 
lobbying, for any type of advocacy activity for or against a 
pipeline construction or expansion project, or in direct 
support of litigation.

           *       *       *       *       *       *       *

  (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] 2015. Such amounts shall not be derived from 
user fees collected under section 60301.

           *       *       *       *       *       *       *


Sec. 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 or an agreement under section 60106; 
        [and]
          (2)(A) * * *
          (B) demonstrates that it has made substantial 
        progress toward establishing such a program, and that 
        such program will meet the requirements of subsection 
        (b)[.]; and
          (3) does not provide any exemptions to 
        municipalities, State agencies, or their contractors 
        from its one-call notification system requirements.

           *       *       *       *       *       *       *

  (i) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary to provide grants under this 
section $1,500,000 for each of fiscal years 2012 through 2015. 
Such funds shall remain available until expended.

           *       *       *       *       *       *       *

                              ----------                              


                  FEDERAL WATER POLLUTION CONTROL ACT



           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                 OIL AND HAZARDOUS SUBSTANCE LIABILITY

  Sec. 311. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (6) Administrative penalties.--
          (A) Violations.--Any owner, operator, or person in 
        charge of any vessel, onshore facility, or offshore 
        facility--
                  (i) * * *

           *       *       *       *       *       *       *

        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.

           *       *       *       *       *       *       *

  (m) Administrative Provisions.--
          (1) * * *
          (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 
                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 Secretary, upon 
                presentation of appropriate credentials, may--
                          (i) * * *

           *       *       *       *       *       *       *

                              ----------                              


                PIPELINE SAFETY IMPROVEMENT ACT OF 2002



           *       *       *       *       *       *       *
SEC. 12.   PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND 
                    DEVELOPMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Program Plan.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Ongoing pipeline transportation research and 
        development.--
                  (A) In general.--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 every 2 years.
                  (B) Consultation.--The Secretary of 
                Transportation shall comply with the 
                consultation requirements of subsection (d)(2) 
                when preparing the program plan and in the 
                selection and prioritization of research and 
                development projects.
                  (C) Funding from non-federal sources.--When 
                carrying out research and development 
                activities, the Secretary, to the greatest 
                extent practicable, shall obtain funding for 
                research and development projects from non-
                Federal sources.

           *       *       *       *       *       *       *

  (f) 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.] 2012 
through 2015.

           *       *       *       *       *       *       *



