29–006 

113TH CONGRESS REPT. 113–152 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

AMENDING TITLE 49, UNITED STATES CODE, TO MODIFY REQUIREMENTS 

RELATING TO THE AVAILABILITY OF PIPELINE SAFETY REGULATORY 

DOCUMENTS, AND FOR OTHER PURPOSES 

JULY 16, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2576] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2576) to amend title 49, United States 

Code, to modify requirements relating to the availability of pipeline 

safety regulatory documents, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Legislative History and Consideration .................................................................. 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 4 

Performance Goals and Objectives ......................................................................... 4 

Advisory of Earmarks .............................................................................................. 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 5 

Federal Mandate Statement ................................................................................... 5 

Preemption Clarification ......................................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability of Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of Legislation ............................................................ 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

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PURPOSE OF LEGISLATION

H.R. 2576 amends title 49, United States Code, to modify requirements relating to the availability of pipeline safety regulatory 

documents. The bill corrects an unintended consequence of the 

Pipeline Safety, Regulatory Certainty, and Job Creation Act of 

2011. 

BACKGROUND AND NEED FOR LEGISLATION

For many years, government agencies have used standards and 

other materials published by standards development organizations 

(SDOs) as one means of satisfying regulatory objectives. In 1982, 

the Office of Management and Budget (OMB) promulgated OMB 

Circular A–119, which required federal agencies to use privately 

developed voluntary consensus standards in lieu of governmentunique standards in their procurement and regulatory activities, 

except where inconsistent with law or otherwise impractical. The 

use of such standards, whenever practicable and appropriate, was 

intended to achieve the following goals: (1) eliminate the cost to the 

government of developing its own standards and decrease the cost 

of goods procured and the burden of complying with agency regulation; (2) provide incentives and opportunities to establish standards 

that serve national needs; (3) encourage long-term growth for U.S. 

enterprises and promote efficiency and economic competition 

through harmonization of standards; and (4) further the policy of 

reliance upon the private sector to supply government needs for 

goods and services. 

In 1996, Congress passed the National Technology Transfer and 

Advancement Act, codifying the requirements contained in the 

OMB Circular into law. Therefore, by law, federal agencies are required to use such voluntary consensus standards, instead of expending resources to create their own, unless use of such standards 

would be inconsistent with applicable law or otherwise impractical. 

Oftentimes, instead of reprinting the standards into the federal 

regulations, agencies simply reference the voluntary consensus 

standards by name, a practice more commonly known as ‘‘incorporation by reference.’’ SDOs maintain that the practice of incorporation by reference has a number of benefits, including dramatically 

reducing costs to the government of developing its own standards, 

preventing duplicative and conflicting government-imposed standards, and allowing agencies to use standards that are already recognized and accepted in the United States and around the world, 

which result in a public-private partnership that enhances public 

safety and health while saving government agencies and taxpayers 

money. Many safety advocates, universities, researchers, and state 

and local communities, however, have raised concerns about the 

lack of transparency and openness in reviewing the voluntary consensus standards, particularly when incorporated into federal safety regulations. 

In 2011, the bipartisan Pipeline Safety, Regulatory Certainty, 

and Job Creation Act of 2011 (Pipeline Safety Act) became law. In 

an effort to ensure public access to pipeline standards, section 24 

of the Pipeline Safety Act included a provision, codified at section 

60102(p) of title 49, United States Code, that requires the Pipeline 

and Hazardous Materials Safety Administration (PHMSA) to make 

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any document, or portion thereof, incorporated by reference into 

PHMSA regulations or guidance publicly available, free of charge, 

on an internet website. Acting in good faith, the intent was to ensure transparency and openness in government regulation, but an 

unintended consequence arose with regard to some SDOs whose 

business model could be jeopardized by allowing internet access to 

its standards. H.R. 2576 will ensure that the provisions of the Pipeline Safety Act support broader public availability of voluntary consensus standards and related information to the general public for 

non-commercial purposes—consistent with existing law and regulations—while also maintaining the invaluable public-private partnership between the private sector and government agencies. H.R. 

2576 provides PHMSA with the flexibility necessary to continue to 

work with SDOs to improve regulatory outcomes and ensure that 

materials incorporated by reference are made available to the public. 

HEARINGS

No hearings were held on H.R. 2576. 

LEGISLATIVE HISTORY AND CONSIDERATION

On June 28, 2013, Representatives Bill Shuster, Jeff Denham, 

Nick Rahall, and Corrine Brown introduced H.R. 2576 to ensure 

the protection of intellectual property and copyrights of standard 

development organizations while providing public access to documents incorporated by reference into pipeline safety regulations. 

On July 10, 2013, the Committee on Transportation and Infrastructure met in open session and ordered the bill reported favorably to 

the House by voice vote. 

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. There were no 

record votes taken in connection with consideration of H.R. 2576. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2576 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 11, 2013. 

Hon. BILL SHUSTER, 

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. 2576, a bill to amend title 

49, United States Code, to modify requirements relating to the 

availability of pipeline safety regulatory documents, and for other 

purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to provide PHMSA greater flexibility in providing public access to documents incorporated by reference into pipeline safety regulations. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), the 

Committee finds that no provision of H.R. 2576 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139, or a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

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DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), the 

Committee estimates that enacting H.R. 2576 does not specifically 

direct the completion of any specific rule makings within the meaning of section 551 of title 5, United States Code. 

FEDERAL MANDATE 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. 2576 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY OF 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 OF LEGISLATION

Section 1. Availability of pipeline safety regulatory documents 

H.R. 2576 strikes the phrase ‘‘on an internet Web site’’ from section 60102(p) of title 49, United States Code, which will help protect copyright and intellectual property concerns, while granting 

PHMSA the flexibility necessary to ensure compliance with the 

law. It also extends the deadline for implementation from one year 

after the date of enactment to three years after the date of enactment, and reduces the number of documents to which the provision 

applies by striking ‘‘guidelines’’ from section 60102(p). 

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 and existing law in which no 

change is proposed is shown in roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

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SUBTITLE VIII—PIPELINES 

* * * * * * * 

CHAPTER 601—SAFETY 

* * * * * * * 

§ 60102. Purpose and general authority 

(a) * * * 

* * * * * * * 

(p) LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.—Beginning ø1 year¿ 3 years after the date of enactment 

of this subsection, the Secretary may not issue øguidance or¿ a regulation pursuant to this chapter that incorporates by reference any 

documents or portions thereof unless the documents or portions 

thereof are made available to the public, free of chargeø, on an 

Internet Web site¿. 

* * * * * * * 

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FRED UPTON. MICHIGAN 

CHAIRMAN 

ONE HUNDRED THIRTEENTH CONGRESS 

HENRY A WAXMAN, CAlIFORN!A 

RANKING MFMBEf'! 

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COMMITTEE ON ENERGY AND COMMERCE 

2125 RAYBURN HOUSE OFFIce BUILDING 

WASHI"'GTON, OC 20515-6115 

The Honorable Bill Shuster 

Chairman 

MJjon!y (1071115-2977 

Mlnorliy (202) 22~ 

July 11,2013 

Committee on Transportation and Infrastructure 

2165 Rayburn House Office Building 

Washington, D.c' 20515 

Dear Chairman Shuster, 

I write concerning H.R. 2576, a bill to amend title 49, United States Code, to modify 

requirements relating to the availability of pipeline safety regulatory documents, and for other 

purposes, which was ordered to be reported out of your Committee on July 10,2013. I wanted to 

notify you that the Committee on Energy and Commerce will forgo action on H.R. 2576 so that 

it may proceed expeditiously to the House floor for consideration. 

This is being done with the understanding that the Committee on Energy and Commerce 

is not waiving any of its jurisdiction, and the Committee will not in any way be prejudiced with 

respect to the appointment of conferees or its jurisdictional prerogatives on this or similar 

legislation. 

I would appreciate your response to this letter, confirming this understanding, and ask 

that a copy of our exchange of letters on this matter be included in the Congressional Record 

during consideration ofH.R. 2576 on the House floor. 

Sincerely, ~ 

Chairman 

Fr~ 
8 


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Thank you 1'0:" your leHer regarding I LR 2576. a hill to amend ti!1c ".~q. United Stak~ Code. [0 

rrwdi ry rcqulfcment<; rcJatint~ to lhc ;wailahi!jt~ or pipdinc safety regulatory docum\.~nts, ::l1ld f(w 

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considn,11ion l)j'lhis 

that {(lrgoing action on this kgistation. the COJ11ITlltlcc on 

ing orilsjnri~dlction and \\,ill not in any \'v'HY he 

or ils jurisdictional prcfogalives (In 

! appreciate ::Clllr C{)\)pc'm1inl1 regarding lhis legislation and I will include our !cHefs on! LR, 

2576 in the {'OJl,'.!,I'c,'·sionnl Rt'c'ord during ilnol' clmsidcration of thIs bilL 

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