II 

118TH CONGRESS 

1ST SESSION S. 2980 

To amend title 49, United States Code, to eliminate the requirement for 

cost-benefit analyses in the establishment of minimum safety standards 

for pipeline transportation and pipeline facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2023 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

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

requirement for cost-benefit analyses in the establishment 

of minimum safety standards for pipeline transportation 

and pipeline facilities, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Penalizing and Improv5 ing Prevention of Emergencies Act of 2023’’ or the ‘‘PIPE 

6 Act of 2023’’. 


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1 SEC. 2. COST-BENEFIT ANALYSES. 

2 (a) IN GENERAL.—Section 60102(b) of title 49, 

3 United States Code, is amended— 

4 (1) in paragraph (2)— 

5 (A) by striking subparagraphs (D) and 

6 (E); and 

7 (B) by redesignating subparagraphs (F) 

8 and (G) as subparagraphs (D) and (E), respec9 tively; and 

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

11 (b) TECHNICAL AND SAFETY STANDARDS COMMIT12 TEES.—Section 60115 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (a), by striking the third sen15 tence; 

16 (2) in subsection (b)(4)(C), by striking the sec17 ond sentence; and 

18 (3) in subsection (c)— 

19 (A) in paragraph (1)— 

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

21 ‘‘Committee each standard proposed under 

22 this chapter for transporting gas and for 

23 gas pipeline facilities including the risk as24 sessment information and other analyses 

25 supporting each proposed standard;’’ and 

26 inserting the following: ‘‘Committee— 


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1 ‘‘(i) each standard proposed under this 

2 chapter for— 

3 ‘‘(I) transporting gas; or 

4 ‘‘(II) gas pipeline facilities; and 

5 ‘‘(ii) analyses supporting each proposed 

6 standard described in clause (i);’’; and 

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

8 ‘‘Committee each standard proposed under 

9 this chapter for transporting hazardous liq10 uid and for hazardous liquid pipeline facili11 ties including the risk assessment informa12 tion and other analyses supporting each 

13 proposed standard.’’ and inserting the fol14 lowing: ‘‘Committee— 

15 ‘‘(i) each standard proposed under this 

16 chapter for— 

17 ‘‘(I) transporting hazardous liquid; or 

18 ‘‘(II) hazardous liquid pipeline facili19 ties; and 

20 ‘‘(ii) analyses supporting each proposed 

21 standard described in clause (i).’’; and 

22 (B) in paragraph (2), by striking ‘‘cost-ef23 fectiveness,’’. 


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1 SEC. 3. ELIMINATION OF NONAPPLICATION CLAUSE FOR 

2 EXISTING PIPELINES. 

3 (a) IN GENERAL.—Section 60104 of title 49, United 

4 States Code, is amended— 

5 (1) by striking subsection (b); and 

6 (2) by redesignating subsections (c) through (e) 

7 as subsections (b) through (d), respectively. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) Section 60106(b)(1) of title 49, United 

10 States Code, is amended, in the third sentence, by 

11 striking ‘‘section 60104(c)’’ and inserting ‘‘section 

12 60104(b)’’. 

13 (2) Section 60109(c) of title 49, United States 

14 Code, is amended— 

15 (A) by striking paragraph (11); and 

16 (B) by redesignating paragraph (12) as 

17 paragraph (11). 

18 SEC. 4. PROHIBITION AGAINST RELEASES. 

19 Section 60118(a) of title 49, United States Code, is 

20 amended— 

21 (1) in paragraph (4), by striking the period at 

22 the end and inserting ‘‘; and’’; 

23 (2) by redesignating paragraphs (1) through 

24 (4) as subparagraphs (A) through (D), respectively, 

25 and indenting appropriately; 


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1 (3) in the matter preceding subparagraph (A) 

2 (as so redesignated), by striking ‘‘facility shall—’’ 

3 and inserting the following: ‘‘facility— 

4 ‘‘(1) shall—’’; and 

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

6 ‘‘(2) shall not release gas or hazardous liquid 

7 from a pipeline facility in a quantity that would re8 quire the reporting of an incident or accident under 

9 a regulation prescribed under this chapter.’’. 

10 SEC. 5. PENALTIES. 

11 (a) MAXIMUM CIVIL PENALTY FOR A RELATED SE12 RIES OF VIOLATIONS.— 

13 (1) IN GENERAL.—Section 60122(a)(1) of title 

14 49, United States Code, is amended by striking the 

15 third sentence. 

16 (2) RULEMAKING.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary of Transportation, acting through the Admin19 istrator of the Pipeline and Hazardous Materials 

20 Safety Administration, shall revise subpart B of part 

21 190 of title 49, Code of Federal Regulations, in ac22 cordance with the amendment made by paragraph 

23 (1). 


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1 (b) SCIENTER REQUIREMENT FOR CRIMINAL PEN2 ALTIES.—Section 60123(a) of title 49, United States 

3 Code, is amended— 

4 (1) by striking ‘‘knowingly and willfully’’ and 

5 inserting ‘‘knowingly, willfully, or recklessly’’; 

6 (2) by striking ‘‘A person’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—A person’’; and 

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

10 ‘‘(2) MEANING OF TERMS.— 

11 ‘‘(A) IN GENERAL.—For purposes of para12 graph (1)— 

13 ‘‘(i) a person acts knowingly when— 

14 ‘‘(I) the person has actual knowl15 edge of the facts giving rise to the vio16 lation; or 

17 ‘‘(II) a reasonable person acting 

18 in the circumstances and exercising 

19 reasonable care would have that 

20 knowledge; 

21 ‘‘(ii) a person acts willfully when— 

22 ‘‘(I) the person has knowledge of 

23 the facts giving rise to the violation; 

24 and 


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1 ‘‘(II) the person has knowledge 

2 that the conduct was unlawful; and 

3 ‘‘(iii) a person acts recklessly when 

4 the person displays a deliberate indiffer5 ence or conscious disregard to the con6 sequences of that person’s conduct. 

7 ‘‘(B) KNOWLEDGE.—For purposes of para8 graph (1), knowledge of the existence of a stat9 utory provision, or a regulation or requirement 

10 of the Secretary, is not an element of an offense 

11 under that paragraph.’’. 

Æ 


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