IB 

Union Calendar No. 721 

118TH CONGRESS 

2D SESSION H. R. 6494 

[Report No. 118–884, Part I] 

To amend title 49, United States Code, to provide enhanced safety in pipeline 

transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2023 

Mr. GRAVES of Missouri (for himself, Mr. LARSEN of Washington, Mr. 

NEHLS, and Mr. PAYNE) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure, and in addition 

to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 16, 2024 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 16, 2024 

Committee on Energy and Commerce discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 29, 2023] 


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A BILL 

To amend title 49, United States Code, to provide enhanced 

safety in pipeline transportation, and for other purposes. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI4 TION. 

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pro6 moting Innovation in Pipeline Efficiency and Safety Act 

7 of 2023’’ or the ‘‘PIPES Act of 2023’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents; definition. 

Sec. 2. Authorization of appropriations. 

Sec. 3. Definitions. 

Sec. 4. Workforce development. 

Sec. 5. Regulatory updates. 

Sec. 6. Incorporation by reference. 

Sec. 7. Inspection activity reporting. 

Sec. 8. Technical safety standards committees. 

Sec. 9. Sense of Congress on PHMSA engagement prior to rulemaking activities. 

Sec. 10. Office of Public Engagement. 

Sec. 11. Class location changes. 

Sec. 12. Pipeline operating status. 

Sec. 13. Rights-of-way management. 

Sec. 14. Study on composite materials for pipelines. 

Sec. 15. Competitive Academic Agreement Program. 

Sec. 16. Geohazard mitigation study. 

Sec. 17. Special permit program. 

Sec. 18. Excavation damage prevention. 

Sec. 19. Integrity management study. 

Sec. 20. Hydrogen study. 

Sec. 21. Penalty for causing a defect in or disrupting operation of pipeline infrastructure. 

Sec. 22. Civil penalties. 

Sec. 23. Liquefied natural gas regulatory coordination. 

Sec. 24. Pipeline safety voluntary information-sharing system. 

Sec. 25. Carbon dioxide pipelines. 

Sec. 26. Opportunity for formal hearing. 

Sec. 27. State pipeline safety grants reporting. 

Sec. 28. Inspection of in-service breakout tanks. 

Sec. 29. Disclosure of safety information assessment. 

Sec. 30. Assessment of certain pipeline safety definitions. 

Sec. 31. Report assessing the costs of pipeline failures. 

Sec. 32. Study on localized emergency alert system for pipeline facilities incidents. 

Sec. 33. Maximum allowable operating pressure. 


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1 (c) STATE DEFINED.—In this Act, the term ‘‘State’’ 

2 has the meaning given such term in section 60101(a) of title 

3 49, United States Code. 

4 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) GAS AND HAZARDOUS LIQUID.—Section 60125 of 

6 title 49, United States Code, is amended by striking sub7 section (a) and inserting the following: 

8 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

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

10 section 60301, there are authorized to be appropriated 

11 to the Secretary to carry out section 12 of the Pipe12 line Safety Improvement Act of 2002 (49 U.S.C. 

13 60101 note; Public Law 107–355) and the provisions 

14 of this chapter relating to gas and hazardous liquid— 

15 ‘‘(A) $181,400,000 for fiscal year 2024, of 

16 which— 

17 ‘‘(i) $9,000,000 shall be used to carry 

18 out section 12 of the Pipeline Safety Im19 provement Act of 2002 (49 U.S.C. 60101 

20 note; Public Law 107–355); and 

21 ‘‘(ii) $73,000,000 shall be used for 

22 making grants; 

23 ‘‘(B) $189,800,000 for fiscal year 2025, of 

24 which— 


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

2 out section 12 of the Pipeline Safety Im3 provement Act of 2002 (49 U.S.C. 60101 

4 note; Public Law 107–355); and 

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

6 making grants; 

7 ‘‘(C) $198,200,000 for fiscal year 2026, of 

8 which— 

9 ‘‘(i) $9,000,000 shall be used to carry 

10 out section 12 of the Pipeline Safety Im11 provement Act of 2002 (49 U.S.C. 60101 

12 note; Public Law 107–355); and 

13 ‘‘(ii) $77,000,000 shall be used for 

14 making grants; and 

15 ‘‘(D) $206,600,000 for fiscal year 2027, of 

16 which— 

17 ‘‘(i) $9,000,000 shall be used to carry 

18 out section 12 of the Pipeline Safety Im19 provement Act of 2002 (49 U.S.C. 60101 

20 note; Public Law 107–355); and 

21 ‘‘(ii) $79,000,000 shall be used for 

22 making grants. 

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

24 amounts authorized to be appropriated under para25 graph (1), there are authorized to be appropriated 


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1 from the Oil Spill Liability Trust Fund established 

2 by section 9509(a) of the Internal Revenue Code of 

3 1986 to carry out section 12 of the Pipeline Safety 

4 Improvement Act of 2002 (49 U.S.C. 60101 note; 

5 Public Law 107–355) and the provisions of this chap6 ter relating to hazardous liquid— 

7 ‘‘(A) $30,000,000 for fiscal year 2024, of 

8 which— 

9 ‘‘(i) $2,000,000, pursuant to the au10 thority in section 12(f) of the Pipeline Safe11 ty Improvement Act of 2002 (49 U.S.C. 

12 60101 note; Public Law 107–355), shall be 

13 used to carry out section 12 of such Act; 

14 and 

15 ‘‘(ii) $11,000,000 shall be used for 

16 making grants; 

17 ‘‘(B) $30,500,000 for fiscal year 2025, of 

18 which— 

19 ‘‘(i) $2,000,000, pursuant to the au20 thority in section 12(f) of the Pipeline Safe21 ty Improvement Act of 2002 (49 U.S.C. 

22 60101 note; Public Law 107–355), shall be 

23 used to carry out section 12 of such Act; 

24 and 


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1 ‘‘(ii) $11,500,000 shall be used for 

2 making grants; 

3 ‘‘(C) $31,000,000 for fiscal year 2026, of 

4 which— 

5 ‘‘(i) $2,000,000, pursuant to the au6 thority in section 12(f) of the Pipeline Safe7 ty Improvement Act of 2002 (49 U.S.C. 

8 60101 note; Public Law 107–355), shall be 

9 used to carry out section 12 of such Act; 

10 and 

11 ‘‘(ii) $12,000,000 shall be used for 

12 making grants; and 

13 ‘‘(D) $31,500,000 for fiscal year 2027, of 

14 which— 

15 ‘‘(i) $2,000,000, pursuant to the au16 thority in section 12(f) of the Pipeline Safe17 ty Improvement Act of 2002 (49 U.S.C. 

18 60101 note; Public Law 107–355), shall be 

19 used to carry out section 12 of such Act; 

20 and 

21 ‘‘(ii) $12,500,000 shall be used for 

22 making grants. 

23 ‘‘(3) UNDERGROUND NATURAL GAS STORAGE FA24 CILITY SAFETY ACCOUNT.—From fees collected under 

25 section 60302, there is authorized to be appropriated 


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1 to the Secretary to carry out section 60141 $7,000,000 

2 for each of fiscal years 2024 through 2027. 

3 ‘‘(4) RECRUITMENT AND RETENTION.—From 

4 amounts made available to the Secretary under para5 graphs (1) and (2), the Secretary shall use, to carry 

6 out section 104(a) of the PIPES Act of 2023 and sec7 tion 102(c) of the Protecting our Infrastructure of 

8 Pipelines and Enhancing Safety Act of 2020 (Public 

9 Law 116–260)— 

10 ‘‘(A) $3,400,000 for fiscal year 2024, of 

11 which— 

12 ‘‘(i) $2,890,000 shall be from amounts 

13 made available under paragraph (1)(A); 

14 and 

15 ‘‘(ii) $510,000 shall be from amounts 

16 made available under paragraph (2)(A); 

17 ‘‘(B) $5,100,000 for fiscal year 2025, of 

18 which— 

19 ‘‘(i) $4,335,000 shall be from amounts 

20 made available under paragraph (1)(B); 

21 and 

22 ‘‘(ii) $765,000 shall be from amounts 

23 made available under paragraph (2)(B); 

24 ‘‘(C) $6,800,000 for fiscal year 2026, of 

25 which— 


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1 ‘‘(i) $5,780,000 shall be from amounts 

2 made available under paragraph (1)(C); 

3 and 

4 ‘‘(ii) $1,020,000 shall be from amounts 

5 made available under paragraph (2)(C); 

6 and 

7 ‘‘(D) $8,500,000 for fiscal year 2027, of 

8 which— 

9 ‘‘(i) $7,225,000 shall be from amounts 

10 made available under paragraph (1)(D); 

11 and 

12 ‘‘(ii) $1,275,000 shall be from amounts 

13 made available under paragraph (2)(D).’’. 

14 (b) OPERATIONAL EXPENSES.—Section 2(b) of the 

15 PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515) 

16 is amended by striking paragraphs (1) through (3) and in17 serting the following: 

18 ‘‘(1) $31,000,000 for fiscal year 2024. 

19 ‘‘(2) $32,000,000 for fiscal year 2025. 

20 ‘‘(3) $33,000,000 for fiscal year 2026. 

21 ‘‘(4) $34,000,000 for fiscal year 2027.’’. 

22 (c) ONE-CALL NOTIFICATION PROGRAMS.—Section 

23 6107 of title 49, United States Code, is amended by striking 

24 ‘‘$1,058,000 for each of fiscal years 2021 through 2023’’ and 


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1 inserting ‘‘$2,000,000 for each of fiscal years 2024 through 

2 2027’’. 

3 (d) EMERGENCY RESPONSE GRANTS.—Section 

4 60125(b)(2) of title 49, United States Code, is amended by 

5 striking ‘‘fiscal years 2021 through 2023’’ and inserting 

6 ‘‘fiscal years 2024 through 2027’’. 

7 (e) PIPELINE SAFETY INFORMATION GRANTS TO COM8 MUNITIES.—Section 60130(c)(1) of title 49, United States 

9 Code, is amended by striking ‘‘$2,000,000 for each of fiscal 

10 years 2021 through 2023 to carry out this section.’’ and 

11 inserting the following: ‘‘, to carry out this section, the fol12 lowing: 

13 ‘‘(A) $2,250,000 for fiscal year 2024. 

14 ‘‘(B) $2,500,000 for fiscal year 2025. 

15 ‘‘(C) $2,750,000 for fiscal year 2026. 

16 ‘‘(D) $3,000,000 for fiscal year 2027.’’. 

17 (f) IMPROVING TECHNICAL ASSISTANCE.—Section 

18 60130(c)(2) of title 49, United States Code, is amended— 

19 (1) by striking ‘‘each fiscal year, the Secretary 

20 shall award $1,000,000’’ and inserting ‘‘, the Sec21 retary shall award’’; and 

22 (2) by striking the period at the end and insert23 ing the following: ‘‘the following amounts: 

24 ‘‘(A) $1,250,000 for fiscal year 2024. 

25 ‘‘(B) $1,500,000 for fiscal year 2025. 


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1 ‘‘(C) $1,750,000 for fiscal year 2026. 

2 ‘‘(D) $2,000,000 for fiscal year 2027.’’. 

3 (g) DAMAGE PREVENTION PROGRAMS.—Section 

4 60134(i) of title 49, United States Code, is amended in the 

5 first sentence by striking ‘‘$1,500,000 for each of fiscal years 

6 2021 through 2023’’ and inserting ‘‘$2,000,000 for each of 

7 fiscal years 2024 through 2027’’. 

8 (h) PIPELINE INTEGRITY PROGRAM.—Section 12(f) of 

9 the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 

10 60101 note) is amended— 

11 (1) by striking ‘‘$3,000,000’’ and inserting 

12 ‘‘$2,000,000’’; and 

13 (2) by striking ‘‘2021 through 2023’’ and insert14 ing ‘‘2024 through 2027’’. 

15 SEC. 3. DEFINITIONS. 

16 Section 60101(a) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (8)(B) by inserting ‘‘and car19 bon dioxide’’ after ‘‘hazardous liquid’’; 

20 (2) in paragraph (18) by inserting ‘‘, a carbon 

21 dioxide pipeline facility,’’ after ‘‘gas pipeline facil22 ity’’; 

23 (3) in paragraph (19) by inserting ‘‘, trans24 porting carbon dioxide,’’ after ‘‘transporting gas’’; 


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1 (4) in paragraph (24) by inserting ‘‘, carbon di2 oxide,’’ after ‘‘a gas’’; 

3 (5) in paragraph (25) by striking ‘‘and’’ at the 

4 end; 

5 (6) by redesignating paragraphs (1), (2), (3), 

6 (4), (5), (6), (9), (7), (10), (8), (11), (12), (13), (14), 

7 (15), (16), (17), (18), (19), (23), (24), (25), (20), (21), 

8 (22), and (26) as paragraphs (4), (5), (6), (7), (8), 

9 (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), 

10 (21), (23), (24), (25), (27), (28), (29), (30), (32), (33), 

11 and (35), respectively, and transferring the para12 graphs so as to appear in numerical order; 

13 (7) by inserting before paragraph (4), as so re14 designated, the following: 

15 ‘‘(1) ‘carbon dioxide’ means a product stream 

16 consisting of more than 50 percent carbon dioxide 

17 molecules in any state of matter except solid; 

18 ‘‘(2) ‘carbon dioxide pipeline facility’— 

19 ‘‘(A) means a pipeline, a right of way, a fa20 cility, a building, or equipment used, or in21 tended to be used, in transporting carbon dioxide 

22 or treating carbon dioxide during the transpor23 tation of such carbon dioxide; but 


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1 ‘‘(B) does not include any storage facility, 

2 piping, or equipment covered by the exclusion in 

3 section 60102(i)(3)(B)(ii); 

4 ‘‘(3) ‘de-identified’ means the process by which 

5 all information that is likely to establish the identity 

6 of the specific persons, organizations, or entities sub7 mitting reports, data, or other information is removed 

8 from reports, data, or other information;’’; 

9 (8) by inserting after paragraph (8), as so redes10 ignated, the following: 

11 ‘‘(9) ‘interstate carbon dioxide pipeline facility’ 

12 means a carbon dioxide pipeline facility used to 

13 transport carbon dioxide in interstate or foreign com14 merce; 

15 ‘‘(10) ‘intrastate carbon dioxide pipeline facility’ 

16 means a carbon dioxide pipeline facility that is not 

17 an interstate carbon dioxide facility;’’; 

18 (9) by inserting after paragraph (21), as so re19 designated, the following: 

20 ‘‘(22) ‘non-public pipeline safety data and infor21 mation’ means any pipeline safety data or informa22 tion, regardless of form or format, that a company 

23 does not disclose, disseminate, or make available to 

24 the public or that is not otherwise in the public do25 main;’’; 


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1 (10) by inserting after paragraph (25), as so re2 designated, the following: 

3 ‘‘(26) ‘public information’ means any data or 

4 information, regardless of form or format, that a com5 pany discloses, disseminates, or makes available to the 

6 public or that is otherwise in the public domain;’’; 

7 (11) by inserting after paragraph (30), as so re8 designated, the following: 

9 ‘‘(31) ‘transporting carbon dioxide’ means the 

10 movement of carbon dioxide or the storage of carbon 

11 dioxide incidental to the movement of carbon dioxide 

12 by pipeline, in or affecting interstate or foreign com13 merce;’’; and 

14 (12) by inserting after paragraph (33), as so re15 designated, the following: 

16 ‘‘(34) ‘Tribal’ means relating to Indian Tribes, 

17 as such term is defined in section 102 of the Federally 

18 Recognized Indian Tribe List Act of 1994 (25 U.S.C. 

19 5130); and’’. 

20 SEC. 4. WORKFORCE DEVELOPMENT. 

21 (a) ADDITIONAL FULL-TIME EQUIVALENT EMPLOY22 EES.—In addition to the personnel level authorized for the 

23 Pipeline and Hazardous Materials Safety Administration 

24 as of the date of enactment of this Act, the Administrator 

25 of such Administration may increase the number of fullVerDate Sep 11 2014 02:30 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H6494.RH H6494

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1 time equivalent employees in the Office of Pipeline Safety 

2 by not more than 30 positions for employees who have ad3 vanced engineering, scientific, or other technical expertise 

4 (or equivalent experience) to— 

5 (1) develop and implement pipeline safety poli6 cies and regulations; and 

7 (2) fulfill congressional rulemaking mandates. 

8 (b) REPORT REQUIRED.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary of Transpor10 tation shall submit to Congress a report on— 

11 (1) any progress made on implementation of 

12 subsection (a); 

13 (2) the implementation of the recruitment and 

14 retention incentives authorized in section 102 of the 

15 PIPES Act of 2020 (Public Law 116–260); 

16 (3) barriers and challenges to hiring and reten17 tion at the Administration; 

18 (4) staffing levels of inspection and enforcement 

19 personnel of the Administration; and 

20 (5) any additional workforce needs of the Ad21 ministration. 

22 (c) EFFECT ON EXISTING REGULATION.—Section 

23 102(c) of the PIPES Act of 2020 (49 U.S.C. 60101 note) 

24 is amended by striking paragraph (3) and inserting the fol25 lowing: 


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1 ‘‘(3) EFFECT ON EXISTING REGULATION.—In im2 plementing the incentives described in paragraph (1), 

3 the Secretary, in consultation with the Administrator 

4 of the Pipeline and Hazardous Materials Safety Ad5 ministration, may waive existing regulations.’’. 

6 SEC. 5. REGULATORY UPDATES. 

7 (a) DEFINITION OF OUTSTANDING MANDATE.—In this 

8 section, the term ‘‘outstanding mandate’’ means— 

9 (1) a final rule required to be issued under the 

10 Pipeline Safety, Regulatory Certainty, and Job Cre11 ation Act of 2011 (Public Law 112–90) that has not 

12 been published in the Federal Register; 

13 (2) a final rule required to be issued under the 

14 PIPES Act of 2016 (Public Law 114–183) that has 

15 not been published in the Federal Register; 

16 (3) a final rule required to be issued under the 

17 PIPES Act of 2020 (Public Law 116–260) that has 

18 not been published in the Federal Register; and 

19 (4) any other final rule regarding gas or haz20 ardous liquid pipeline facilities that— 

21 (A) has not been published in the Federal 

22 Register; and 

23 (B) is required to be issued under this Act 

24 or any other Act. 

25 (b) REQUIREMENTS.— 


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1 (1) PERIODIC UPDATES.—Not later than 30 days 

2 after the date of enactment of this Act, and every 30 

3 days thereafter until each outstanding mandate is 

4 published in the Federal Register, the Secretary of 

5 Transportation shall publish on a publicly available 

6 website of the Department of Transportation an up7 date regarding the status of each such mandate in ac8 cordance with subsection (c). 

9 (2) NOTIFICATION OF CONGRESS.—On publica10 tion of a final rule in the Federal Register for an out11 standing mandate, the Secretary shall submit to the 

12 Committee on Transportation and Infrastructure and 

13 the Committee on Energy and Commerce of the House 

14 of Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate a notifica16 tion of such publication. 

17 (c) CONTENTS.—An update published or a notification 

18 submitted under subsection (b)(1) shall contain, as applica19 ble— 

20 (1) with respect to information relating to the 

21 Administration— 

22 (A) a description of the work plan for each 

23 outstanding mandate; 

24 (B) an updated rulemaking timeline for 

25 each outstanding mandate; 


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1 (C) the staff allocations with respect to each 

2 outstanding mandate; 

3 (D) any resource constraints affecting the 

4 rulemaking process for each outstanding man5 date; 

6 (E) any other details associated with the de7 velopment of each outstanding mandate that af8 fect the progress of the rulemaking process with 

9 respect to that outstanding mandate; and 

10 (F) a description of all rulemakings regard11 ing gas or hazardous liquid pipeline facilities 

12 published in the Federal Register that are not 

13 identified under subsection (b)(2); and 

14 (2) with respect to information relating to the 

15 Office of the Secretary— 

16 (A) the date that the outstanding mandate 

17 was submitted to the Office of the Secretary for 

18 review; 

19 (B) the reason that the outstanding man20 date is under review beyond 45 days; 

21 (C) the staff allocations within the Office of 

22 the Secretary with respect to each outstanding 

23 mandate; 

24 (D) any resource constraints affecting re25 view of the outstanding mandate; 


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1 (E) an estimated timeline of when review of 

2 the outstanding mandate will be complete, as of 

3 the date of the update; 

4 (F) if applicable, the date that the out5 standing mandate was returned to the Adminis6 tration for revision and the anticipated date for 

7 resubmission to the Office of the Secretary; 

8 (G) the date that the outstanding mandate 

9 was submitted to the Office of Management and 

10 Budget for review; and 

11 (H) a statement of whether the outstanding 

12 mandate remains under review by the Office of 

13 Management and Budget. 

14 SEC. 6. INCORPORATION BY REFERENCE. 

15 (a) IN GENERAL.—Section 60102 of title 49, United 

16 States Code, is amended by striking subsection (l) and in17 serting the following: 

18 ‘‘(l) UPDATING STANDARDS.— 

19 ‘‘(1) IN GENERAL.—Not less frequently than once 

20 every 4 years, or if an interested person otherwise pe21 titions in accordance with section 190.331 of title 49, 

22 Code of Federal Regulations (or successor regulation), 

23 the Secretary shall review, and update as necessary, 

24 incorporated industry standards that have been 

25 adopted, either partially or in full, as part of the 


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1 Federal pipeline safety regulatory program under this 

2 chapter that are modified and published by a stand3 ards development organization, as such term is de4 fined in section 2(a) of the National Cooperative Re5 search and Production Act of 1993 (15 U.S.C. 

6 4301(a)). 

7 ‘‘(2) DISCRETION IN ADOPTING INDUSTRY STAND8 ARDS.—The Secretary may decline to adopt an indus9 try standard that is inconsistent with applicable law 

10 or otherwise impracticable, including in cir11 cumstances where the use of an industry standard 

12 would not serve the needs of the Federal pipeline safe13 ty regulatory program, or would impose undue bur14 dens. 

15 ‘‘(3) LIST OF INDUSTRY STANDARDS.—The Sec16 retary shall— 

17 ‘‘(A) maintain a publicly available list of 

18 all industry standards considered for adoption 

19 under this chapter and the agency’s adjudication 

20 of each considered standard; 

21 ‘‘(B) include the reasoning for not adopting 

22 an industry standard, whether in full or in part, 

23 on the list under subparagraph (A); and 

24 ‘‘(C) submit to the Committee on Transpor25 tation and Infrastructure and the Committee on 


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1 Energy and Commerce of the House of Rep2 resentatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate such 

4 list not later than— 

5 ‘‘(i) 30 days after completion of such 

6 list; and 

7 ‘‘(ii) 30 days after the date of any sub8 sequent revisions to such list. 

9 ‘‘(4) PUBLIC ACCESSIBILITY.—Any industry 

10 standards incorporated by reference, or portions 

11 thereof, shall be made available by the entity that de12 veloped such standards free of charge for viewing on 

13 a publicly available website.’’. 

14 (b) GAO REPORT.—Not later than 2 years after the 

15 date of enactment of this Act, the Comptroller General of 

16 the United States shall— 

17 (1) conduct a review to determine compliance 

18 with section 60102(l)(4) of title 49, United States 

19 Code; and 

20 (2) submit to the Committee on Transportation 

21 and Infrastructure and the Committee on Energy and 

22 Commerce of the House of Representatives and the 

23 Committee on Commerce, Science, and Transpor24 tation of the Senate a report on the review conducted 

25 under paragraph (1). 


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1 SEC. 7. INSPECTION ACTIVITY REPORTING. 

2 (a) INSPECTION AND ENFORCEMENT PRIORITIES.— 

3 Not later than 1 year after the date of enactment of this 

4 Act, the Secretary of Transportation shall establish, and 

5 make available to the public in an electronically accessible 

6 format, a report containing the inspection and enforcement 

7 priorities of the Office of Pipeline Safety of the Pipeline 

8 and Hazardous Materials Safety Administration for fiscal 

9 years 2024 through 2027. Such report shall include a de10 scription of— 

11 (1) how the Administrator will use the priorities 

12 to guide the inspection program of such Office; 

13 (2) how the inspection and enforcement prior14 ities will improve pipeline safety; and 

15 (3) how the Administrator communicates and co16 ordinates the implementation of inspection and en17 forcement priorities with regional offices and State 

18 inspectors operating under delegated authority. 

19 (b) NOTICE AND COMMENT.—Prior to publication of 

20 the inspection and enforcement priorities under subsection 

21 (a), the Administrator shall solicit through notice in the 

22 Federal Register public comment on such priorities. 

23 (c) SUMMARY OF PIPELINE INSPECTIONS.—Not later 

24 than June 1 of each year beginning with the year after the 

25 date of enactment of this Act, the Administrator shall make 

26 available to the public in an electronically accessible format 


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1 a summary of Federal and State pipeline inspections con2 ducted under direct or delegated authority of title 49, 

3 United States Code, during the previous calendar year, to 

4 include— 

5 (1) the date of the inspection; 

6 (2) the name of the pipeline owner or operator; 

7 (3) the pipeline system or segment inspected; 

8 (4) the region or regions of the Pipeline and 

9 Hazardous Materials Safety Administration in which 

10 the inspected system or segment operates; 

11 (5) the State or States in which the inspected 

12 system or segment operates; and 

13 (6) any violations, or proposed violations, found 

14 as a result of pipeline inspections. 

15 SEC. 8. TECHNICAL SAFETY STANDARDS COMMITTEES. 

16 (a) COMMITTEE REPORTS ON PROPOSED STAND17 ARDS.—Section 60115(c)(1) of title 49, United States Code, 

18 is amended— 

19 (1) in subparagraph (A) by inserting ‘‘, if appli20 cable’’ after ‘‘each proposed standard’’; and 

21 (2) in subparagraph (B) by inserting ‘‘, if appli22 cable’’ after ‘‘each proposed standard’’. 

23 (b) REPORT.—Section 60115(c)(2) of title 49, United 

24 States Code, is amended by inserting ‘‘and provide written 

25 notification of such reasons to the Committee on TransporVerDate Sep 11 2014 02:30 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H6494.RH H6494

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1 tation and Infrastructure and the Committee on Energy 

2 and Commerce of the House of Representatives and the 

3 Committee on Commerce, Science, and Transportation of 

4 the Senate at the time a final rulemaking relating to the 

5 standard is issued’’ after ‘‘publish the reasons’’. 

6 (c) FREQUENCY OF MEETINGS.—Section 60115(e) of 

7 title 49, United States Code, is amended by striking ‘‘up 

8 to 4’’ and inserting ‘‘2’’. 

9 SEC. 9. SENSE OF CONGRESS ON PHMSA ENGAGEMENT 

10 PRIOR TO RULEMAKING ACTIVITIES. 

11 It is the sense of Congress that— 

12 (1) the Secretary of Transportation should en13 gage with pipeline stakeholder groups, including State 

14 pipeline safety programs with an approved certifi15 cation under section 60105 of title 49, United States 

16 Code, and the public during predrafting stages of 

17 rulemaking activities and use, to the greatest extent 

18 practicable, properly docketed ex parte discussions 

19 during rulemaking activities in order to— 

20 (A) inform the work of the Secretary; 

21 (B) assist the Administrator of the Pipeline 

22 and Hazardous Materials Safety Administration 

23 in developing the scope of a rule; and 

24 (C) reduce the timeline for issuance of pro25 posed and final rules; and 


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1 (2) when it would reduce the time required for 

2 the Secretary to adjudicate public comments, the Ad3 ministrator should publicly provide information de4 scribing the rationale behind a regulatory decision in5 cluded in proposed regulations in order to better 

6 allow for the public to provide clear and informed 

7 comments on such regulations. 

8 SEC. 10. OFFICE OF PUBLIC ENGAGEMENT. 

9 (a) IN GENERAL.—Not later than 1 year after the date 

10 of enactment of this Act, the Secretary of Transportation 

11 shall rename the Community Liaison Services within the 

12 Office of Pipeline Safety of the Pipeline and Hazardous 

13 Materials Safety Administration as the Office of Public En14 gagement (hereinafter in this section referred to as the ‘‘Of15 fice’’). 

16 (b) DUTIES.—The duties of the Office are to— 

17 (1) proactively engage with pipeline stakeholders, 

18 including the public, pipeline operators, public safety 

19 organizations, and government officials, to raise 

20 awareness of pipeline safety practices; 

21 (2) promote the adoption and increased use of 

22 safety programs and activities; 

23 (3) inform the public of pipeline safety regula24 tions and best practices; and 


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1 (4) assist the public with inquiries regarding 

2 pipeline safety. 

3 (c) PUBLIC ACCESS.—The Office shall ensure that ac4 tivities carried out by the Office and information products 

5 developed by the Office are accessible to the public. 

6 (d) COMMUNITY LIAISONS.—The Office shall incor7 porate positions known as ‘‘community liaisons’’ under the 

8 Community Liaison Services. 

9 (e) REPORT.—Not later than 18 months after the date 

10 of enactment of this Act, the Secretary shall submit to Con11 gress a report on the implementation of this section. 

12 SEC. 11. CLASS LOCATION CHANGES. 

13 Not later than 90 days after the date of enactment of 

14 this Act, the Secretary of Transportation shall prescribe a 

15 final rule amending the safety standards for class location 

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

17 Regulations, based on the notice of proposed rulemaking 

18 published by the Pipeline and Hazardous Materials Safety 

19 Administration on October 14, 2020, titled ‘‘Pipeline Safe20 ty: Class Location Change Requirements’’ (85 Fed. Reg. 

21 65142), including consideration of all documents in Docket 

22 No. PHMSA–2017–0151. 

23 SEC. 12. PIPELINE OPERATING STATUS. 

24 Section 60143(b) of title 49, United States Code, is 

25 amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—Not later than 180 days 

4 after the date of enactment of the PIPES Act of 2023, 

5 the Secretary shall issue a notice of proposed rule6 making prescribing the applicability of the pipeline 

7 safety requirements to idled natural gas or other gas 

8 transmission and hazardous liquid pipelines.’’; and 

9 (2) in paragraph (2) by adding at the end the 

10 following: 

11 ‘‘(E) CONSIDERATION.—In promulgating 

12 regulations under this section, the Secretary 

13 shall consider the adoption of industry consensus 

14 standards.’’. 

15 SEC. 13. RIGHTS-OF-WAY MANAGEMENT. 

16 Section 60108(a) of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(4) ALTERNATIVE METHOD OF MAINTAINING

19 RIGHTS-OF-WAY.— 

20 ‘‘(A) IN GENERAL.—As part of the review con21 ducted under paragraph (3), the Secretary shall allow 

22 for an alternative method of maintaining rights-of23 way for pipelines and other pipeline facilities under 

24 a voluntary program carried out by the operator if 

25 such alternative method achieves a level of safety at 


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1 least equal to the level of safety required by regula2 tions issued under this chapter. 

3 ‘‘(B) PURPOSE.—An operator considering imple4 menting an alternative method described under sub5 paragraph (A) may consider incorporating into the 

6 plan for implementing such method 1 or more con7 servation practices, including— 

8 ‘‘(i) integrated vegetation management 

9 practices, including reduced mowing; 

10 ‘‘(ii) the development of habitat and forage 

11 for pollinators and other wildlife through seeding 

12 or planting of diverse native forbs and grasses; 

13 ‘‘(iii) practices relating to maintenance 

14 strategies that promote early successional vegeta15 tion or limit disturbance during periods of high16 est use by target pollinator species and other 

17 wildlife on pipeline or facilities rights-of-way, 

18 including— 

19 ‘‘(I) increasing mowing height; 

20 ‘‘(II) reducing mowing frequency; and 

21 ‘‘(III) refraining from mowing mon22 arch and other pollinator habitat during 

23 periods in which monarchs or other polli24 nators are present; 


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1 ‘‘(iv) an integrated vegetation management 

2 plan that may include approaches such as me3 chanical tree and brush removal and targeted 

4 and judicious use of herbicides and mowing to 

5 address incompatible or undesirable vegetation 

6 while promoting compatible and beneficial vege7 tation on pipeline and facilities rights-of-way; 

8 ‘‘(v) planting or seeding of deeply rooted, 

9 regionally appropriate perennial grasses and 

10 wildflowers, including milkweed, to enhance 

11 habitat; 

12 ‘‘(vi) removing shallow-rooted grasses from 

13 planting and seeding mixes, except for use as 

14 nurse or cover crops; or 

15 ‘‘(vii) obtaining expert training or assist16 ance on wildlife and pollinator-friendly prac17 tices, including— 

18 ‘‘(I) native plant identification; 

19 ‘‘(II) establishment and management of 

20 regionally appropriate native plants; 

21 ‘‘(III) land management practices; and 

22 ‘‘(IV) integrated vegetation manage23 ment. 

24 ‘‘(C) SAVINGS CLAUSE.—Nothing in this section 

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1 cable requirements under this chapter or any applica2 ble regulations promulgated under this chapter. 

3 ‘‘(D) CONSULTATION.— 

4 ‘‘(i) AVAILABLE GUIDANCE.—In developing 

5 such alternative methods, an operator shall con6 sult any available guidance issued by— 

7 ‘‘(I) the Secretary; or 

8 ‘‘(II) an applicable State agency car9 rying out compliance activities on behalf of 

10 the Secretary in accordance with section 

11 60105. 

12 ‘‘(ii) LEADING INDUSTRY PRACTICES.—In 

13 the absence of the guidance described in clause 

14 (i), an operator may consult leading industry 

15 practices and guidance to develop and imple16 ment such alternative methods.’’. 

17 SEC. 14. STUDY ON COMPOSITE MATERIALS FOR PIPE18 LINES. 

19 (a) STUDY ON USE OF COMPOSITE MATERIALS.—Not 

20 later than 18 months after the date of enactment of this 

21 Act, the Secretary of Transportation shall complete a study 

22 assessing the potential and existing use of pipelines con23 structed with composite materials to safely transport hydro24 gen and hydrogen blended with natural gas. 


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1 (b) STUDY CONSIDERATIONS.—In completing the 

2 study under subsection (a), the Secretary shall consider— 

3 (1) any commercially available composite pipe4 line materials; 

5 (2) any completed or ongoing tests and data re6 garding composite pipeline materials available to the 

7 Secretary or other Federal agencies; and 

8 (3) any recommended standards, including con9 sensus standards, and Federal agency authorizations 

10 relating to use of composite pipeline materials. 

11 (c) PUBLIC PARTICIPATION.—To ensure adequate pub12 lic participation in completing the study under subsection 

13 (a), the Secretary shall— 

14 (1) hold a public meeting with interested stake15 holders, including the affected industries, interest 

16 groups, and other individuals with relevant expertise; 

17 (2) release a draft version of the study for public 

18 comment for a period of not less than 60 days; and 

19 (3) address any substantive comments submitted 

20 by the public during the public comment period under 

21 paragraph (2) in preparing the final study. 

22 (d) PUBLIC MEETING.—Not later than 60 days after 

23 the closing of the public comment period under subsection 

24 (c)(2), the Secretary shall hold a public meeting to present 


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1 the findings of the study under this section and any re2 sponses to public comments received under such subsection. 

3 (e) RULEMAKING.—Not later than 18 months after the 

4 meeting described in subsection (d), the Secretary shall 

5 issue a rulemaking that includes a Notice of Proposed Rule6 making to allow for the use of composite materials for pipe7 line transportation of hydrogen and hydrogen blended with 

8 natural gas. 

9 SEC. 15. COMPETITIVE ACADEMIC AGREEMENT PROGRAM. 

10 (a) FEDERAL SHARE.— 

11 (1) IN GENERAL.—In carrying out the Competi12 tive Academic Agreement Program pursuant to sec13 tion 60117(l) of title 49, United States Code, the Sec14 retary of Transportation may allow for a 100-percent 

15 Federal share of financial assistance for a project car16 ried out by small and mid-sized institutions. 

17 (2) WRITTEN REQUEST REQUIRED.—The Sec18 retary may only allow the use of a 100-percent Fed19 eral share under paragraph (1) if the applicable in20 stitution has provided a written request to the Sec21 retary prior to the award of Federal assistance under 

22 such Program. 

23 (3) SMALL AND MID-SIZED INSTITUTIONS DE24 FINED.—In this subsection, the term ‘‘small and mid25 sized institutions’’ means academic institutions eligiVerDate Sep 11 2014 02:30 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H6494.RH H6494

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1 ble for a grant under the Competitive Academic 

2 Agreement Program with a current total enrollment 

3 of 17,500 students or less, including graduate and un4 dergraduate as well as full- and part-time students. 

5 (b) REPORT.—Following any award of grants under 

6 the Competitive Academic Agreement Program, the Sec7 retary shall provide to Congress a written report detail8 ing— 

9 (1) the recipients of such grants; and 

10 (2) any grantees that were provided a 100-per11 cent Federal share under this section. 

12 SEC. 16. GEOHAZARD MITIGATION STUDY. 

13 (a) IN GENERAL.—Not later than 1 year after the date 

14 of enactment of this Act, the Comptroller General of the 

15 United States shall prepare a report containing— 

16 (1) the results of a study that— 

17 (A) evaluates Federal and State, as applica18 ble, requirements for gas, hazardous liquid, and 

19 carbon dioxide pipeline facility design, siting, 

20 construction, operation and maintenance, and 

21 integrity management relating to geohazards, in22 cluding seismicity, land subsidence, landslides, 

23 slope instability, frost heave, soil settlement, ero24 sion, river scour, washouts, floods, unstable soil, 

25 water currents, hurricanes, dynamic geologic 


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1 conditions, tsunamis, tornados, wildfires, floods, 

2 ice storms, or other hazards that may cause a 

3 pipeline to move or be affected by abnormal ex4 ternal loads; 

5 (B) evaluates any industry consensus stand6 ards or best practices related to the requirements 

7 described in subparagraph (A); 

8 (C) evaluates the implementation by opera9 tors of Federal and State regulations related to 

10 geohazards and application of recommendations 

11 included in the Advisory Bulletin of the Pipeline 

12 and Hazardous Materials Safety Administration 

13 titled ‘‘Pipeline Safety: Potential for Damage to 

14 Pipeline Facilities Caused by Earth Movement 

15 and Other Geological Hazards’’, issued on May 

16 2, 2019 (PHMSA–019–0087); 

17 (D) identifies any discrepancies in the re18 quirements described in subparagraph (A) and 

19 advisories, industry consensus standards, or best 

20 practices for operators of gas, hazardous liquid, 

21 and carbon dioxide pipeline facilities; and 

22 (E) identifies any areas relating to 

23 geohazards not addressed under subparagraphs 

24 (A) through (D); and 


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1 (2) any recommendations of the Government Ac2 countability Office based on the results of the study 

3 under paragraph (1). 

4 (b) REPORT TO CONGRESS.—Upon completion of the 

5 report under subsection (a), the Comptroller General shall 

6 submit to the Secretary of Transportation, the Committee 

7 on Transportation and Infrastructure and the Committee 

8 on Energy and Commerce of the House of Representatives, 

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate the report. 

11 SEC. 17. SPECIAL PERMIT PROGRAM. 

12 (a) COMPLIANCE AND WAIVERS.—Section 60118(c)(1) 

13 of title 49, United States Code, is amended by adding at 

14 the end the following: 

15 ‘‘(C) LIMITATION ON TERMS.—The Sec16 retary shall impose no terms on a waiver under 

17 this paragraph that do not apply to known pipe18 line safety risks applicable to the standard being 

19 waived under subparagraph (A). 

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

21 the application requirements under section 

22 190.341 of title 49, Code of Federal Regulations, 

23 or successor regulations, the Secretary shall pub24 lish notice of the application in the Federal Reg25 ister. 


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1 ‘‘(E) REVIEW OF APPLICATION.—The Sec2 retary shall complete a review of each such ap3 plication not later than 18 months after pub4 lishing a notice in the Federal Register described 

5 in subparagraph (D) with respect to the applica6 tion.’’. 

7 (b) REPORT TO CONGRESS.— 

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

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

10 Transportation shall submit to the Committee on 

11 Transportation and Infrastructure and Committee on 

12 Energy and Commerce of the House of Representa13 tives and the Committee on Commerce, Science, and 

14 Transportation of the Senate a report on the imple15 mentation by the Administrator of the Pipeline and 

16 Hazardous Materials Safety Administration of the 

17 amendment made by subsection (a). 

18 (2) CONTENTS.—The report required under 

19 paragraph (1) shall include— 

20 (A) a listing of each special permit applica21 tion applied for under section 60118(c)(1) of title 

22 49, United States Code; 

23 (B) a brief summary of the purpose of each 

24 such special permit; 


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1 (C) the date on which each such application 

2 was received; 

3 (D) the date on which each such application 

4 was completed or, in the absence of completion, 

5 the status of the application; 

6 (E) the date on which the Secretary issued 

7 a determination on the application; and 

8 (F) the explanation of the Secretary for any 

9 decision made outside the review period identi10 fied in section 60118(c)(1)(E) of title 49, United 

11 States Code, if applicable. 

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

13 submission of the report under subsection (b), the Comp14 troller General of the United States shall submit to the Com15 mittee on Transportation and Infrastructure and the Com16 mittee on Energy and Commerce of the House of Represent17 atives and the Committee on Commerce, Science, and 

18 Transportation of the Senate a report assessing the Sec19 retary’s implementation of, and compliance with, subpara20 graphs (C) through (E) of section 60118(c)(1) of title 49, 

21 United States Code. 

22 SEC. 18. EXCAVATION DAMAGE PREVENTION. 

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

24 United States Code, is amended— 


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

2 progress toward adoption of the leading practices list3 ed in subsection (b) and’’ before ‘‘legislative and regu4 latory’’; 

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

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

7 (3) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) LEADING PRACTICES.—A State one-call program 

10 shall implement leading practices that— 

11 ‘‘(1) identify the size and scope of a one-call tick12 et for standard locate requests, including process ex13 ceptions for special large project tickets; 

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

15 standard locate requests, which may include process 

16 exceptions for special large project tickets; 

17 ‘‘(3) examine and limit exemptions to one-call 

18 programs to prevent common excavation damage inci19 dents, including— 

20 ‘‘(A) excavation or demolition performed by 

21 the owner of a single-family residential property; 

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

23 when maintenance activities are performed; 


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

2 conducting routine maintenance of a private or 

3 public underground utility facility; and 

4 ‘‘(D) municipalities, public works organiza5 tions, and State departments of transportation 

6 for road maintenance; 

7 ‘‘(4) specify tolerance zone horizontal dimensions 

8 and requirements for hand-dig, hydro, vacuum exca9 vation, and other nonintrusive methods; 

10 ‘‘(5) specify emergency excavation notification 

11 requirements, including defining emergency exca12 vation and identifying the notification requirements 

13 for an emergency excavation; 

14 ‘‘(6) specify the responsibilities of the excavator, 

15 including the reporting of damages due to excavation 

16 activities; 

17 ‘‘(7) define who is an excavator and what is con18 sidered excavation; 

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

20 white lining, allowing for exceptions for special large21 project tickets; 

22 ‘‘(9) require a positive response, such as the util23 ity, municipality, or other entity placing the marks 

24 positively responds to the notification center and the 


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1 excavator checks for a positive response before begin2 ning excavation; 

3 ‘‘(10) require newly installed underground facili4 ties to be locatable; 

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

6 including sewer lines and laterals; 

7 ‘‘(12) require training programs and require8 ments for third-party excavators performing exca9 vation activities that are not subject to pipeline con10 struction requirements under part 192 or part 195 of 

11 title 49, Code of Federal Regulations; 

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

13 and 

14 ‘‘(14) require the use of commercially available 

15 technologies to locate underground facilities, such as 

16 geographic information systems and enhanced posi17 tive response. 

18 ‘‘(c) REPORT TO CONGRESS.— 

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

20 after the implementation of subsection (b), the Sec21 retary shall submit to the Committee on Transpor22 tation and Infrastructure and the Committee on En23 ergy and Commerce of the House of Representatives 

24 and the Committee on Commerce, Science, and Trans25 portation of the Senate a report detailing— 


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1 ‘‘(A) the implementation of the leading 

2 practices described in such subsection; 

3 ‘‘(B) recommendations to increase the adop4 tion of such leading practices and recommenda5 tions for the reduction of excavation damage in6 cidents; and 

7 ‘‘(C) the number of underground facility 

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

9 for the reporting year. 

10 ‘‘(2) ADDITIONAL REPORTS.—Not later than once 

11 every 2 years after the submittal of the report under 

12 paragraph (1), the Secretary shall submit to the Com13 mittee on Transportation and Infrastructure and the 

14 Committee on Energy and Commerce of the House of 

15 Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report 

17 detailing— 

18 ‘‘(A) the implementation of the leading 

19 practices described in subsection (b); 

20 ‘‘(B) recommendations to increase the adop21 tion of such leading practices and recommenda22 tions for the reduction of excavation damage in23 cidents; and 


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1 ‘‘(C) the number of underground facility 

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

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

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

5 ‘‘(f) SAVINGS CLAUSE.—Nothing in this section shall 

6 make a grant award to a State by the Secretary pursuant 

7 to section 60107 or section 60134 for a State program cer8 tified under section 60105 or section 60106 contingent on 

9 compliance by the State with all leading practices described 

10 in subsection (b).’’. 

11 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec12 tion 60134(c) of title 49, United States Code, is amended— 

13 (1) by striking ‘‘In making grants’’ and insert14 ing the following: 

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

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

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

18 for determining the effectiveness of the damage pre19 vention program of a State, the Secretary shall con20 sider whether the State has, at a minimum— 

21 ‘‘(A) effective, active, and consistent enforce22 ment of State one-call laws (including consist23 ency in the application of enforcement resources, 

24 fines, and penalties to all relevant stakeholders, 

25 such as operators, locators, and excavators); 


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1 ‘‘(B) data reporting requirements such as 

2 those— 

3 ‘‘(i) to the local one-call center for ex4 cavation damage events on pipelines and 

5 other underground facilities, that are not 

6 privately owned, including (if available at 

7 the time of reporting)— 

8 ‘‘(I) information about the nature 

9 of the incident, including the facility 

10 damaged and the apparent cause of 

11 such damage (with supporting docu12 mentation); 

13 ‘‘(II) the organizations or entities 

14 involved; 

15 ‘‘(III) the impact to public safety, 

16 utility operations, and customer serv17 ice; and 

18 ‘‘(IV) the impact to the environ19 ment; and 

20 ‘‘(ii) to a nationally focused nonprofit 

21 organization specifically established for the 

22 purpose of reducing construction-related 

23 damages to underground facilities, of dam24 ages and near-miss events to underground 

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1 ing potential contributing factors, facility 

2 damaged, type of excavator, work per3 formed, equipment type, and State; 

4 ‘‘(C) data reporting requirements, to a non5 profit organization specifically established for the 

6 purpose of reducing construction-related damage 

7 to underground facilities, of damage and near8 miss events to underground facilities from exca9 vation damage, including root cause, facility 

10 damaged, type of excavator, work performed, 

11 equipment type, and State; and 

12 ‘‘(D) performance measures to determine the 

13 effectiveness of excavation damage prevention ef14 forts.’’. 

15 SEC. 19. INTEGRITY MANAGEMENT STUDY. 

16 (a) IN GENERAL.—Not later than 45 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall enter into an agreement with the National 

19 Academies under which the National Academies shall con20 duct a study of the effectiveness of integrity management 

21 regulations applicable to natural gas and hazardous liquid 

22 pipeline facilities. 

23 (b) DATA SOURCES.—In carrying out the study under 

24 subsection (a), the National Academies shall— 


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1 (1) use publicly available data from the Pipeline 

2 and Hazardous Materials Safety Administration, 

3 State pipeline regulatory agencies, and other public 

4 sources; and 

5 (2) consult with pipeline stakeholders in the de6 velopment of findings under the study, including 

7 State and Federal regulators, pipeline operators, pub8 lic safety organizations, and environmental organiza9 tions. 

10 (c) ELEMENTS.—The study described under subsection 

11 (a) shall include— 

12 (1) a review of previous assessments of integrity 

13 management program implementation produced by or 

14 for the Secretary or the National Transportation 

15 Safety Board; 

16 (2) a review of the implementation and enforce17 ment by the Secretary of integrity management regu18 lations and any modifications of the regulations 

19 issued by the Secretary pursuant to section 60109 of 

20 title 49, United States Code; 

21 (3) a trend analysis and assessment of pipeline 

22 safety incidents, accidents, and repairs for high con23 sequence and non-high consequence areas, including 

24 comparing— 


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1 (A) the frequency of such incidents, acci2 dents, and repairs before and after the imple3 mentation of the Federal integrity management 

4 requirements described in subsection (a); and 

5 (B) the frequency of such incidents, acci6 dents, and repairs during the period of time such 

7 integrity management requirements have been in 

8 effect; 

9 (4) development of metrics to gauge the effective10 ness of the implementation and enforcement of such 

11 integrity management regulations; 

12 (5) an assessment of how integrity management 

13 informs operator activities, including planning and 

14 completion of repairs, and whether the implementa15 tion of integrity management regulations by operators 

16 of pipeline facilities has had a demonstrable effect on 

17 improving gas and hazardous liquid pipeline safety; 

18 and 

19 (6) identification of areas where pipeline safety 

20 has improved and where it has not improved due to 

21 integrity management. 

22 (d) REPORT TO CONGRESS.—The Secretary shall— 

23 (1) require the National Academies to submit to 

24 the Secretary a report on the results of the study 

25 under subsection (a); and 


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1 (2) not later than 2 years after the date of enact2 ment of this Act, submit to the Committee on Trans3 portation and Infrastructure and the Committee on 

4 Energy and Commerce of the House of Representa5 tives and the Committee on Commerce, Science, and 

6 Transportation of the Senate such report. 

7 SEC. 20. HYDROGEN STUDY. 

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

9 United States shall conduct a study on existing natural gas 

10 pipeline systems that, as a result of hydrogen-natural gas 

11 blending, contain a percentage of hydrogen that is greater 

12 than 5 percent by volume to identify the changes that opera13 tors have implemented, including— 

14 (1) modifications or alternatives to— 

15 (A) odorants and leak-detection methods; 

16 (B) pipeline materials; and 

17 (C) operational standards; and 

18 (2) modifications to pipeline infrastructure. 

19 (b) ADDITIONAL CONTENTS.—The study under sub20 section (a) shall include— 

21 (1) an identification of any technical challenges 

22 with repurposing existing natural gas infrastructure 

23 to allow such infrastructure to be used for hydrogen24 natural gas blended service; and 


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1 (2) an examination of hydrogen-natural gas 

2 blended pipeline systems currently operating, includ3 ing in the United States, the United Kingdom, Can4 ada, Europe, Australia, and Hong Kong. 

5 (c) CONSIDERATIONS.—In conducting the study under 

6 subsection (a), the Comptroller General shall consider— 

7 (1) any changes that domestic and international 

8 operators of natural gas pipeline systems have imple9 mented to the processes, pipeline materials, metering, 

10 and operational standards used by such operators to 

11 account for the operation and integrity of natural gas 

12 pipeline systems that use a hydrogen content at vari13 able percentages above 5 percent by volume; and 

14 (2) how such operators have taken into account 

15 the effects of hydrogen-natural gas blending on dif16 ferent types of— 

17 (A) natural gas pipeline systems materials, 

18 including cast iron, steel, composite pipe, and 

19 plastic pipe; and 

20 (B) components of such systems, including 

21 valves and meters. 

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

23 enactment of this Act, the Comptroller General shall submit 

24 to the Committee on Transportation and Infrastructure and 

25 the Committee on Energy and Commerce of the House of 


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1 Representatives and the Committee on Commerce, Science, 

2 and Transportation of the Senate a report on the results 

3 of the study conducted under subsection (a). 

4 (e) RULEMAKING.—The results of the study under sub5 section (a) should inform the rulemaking efforts of the Sec6 retary relating to hydrogen-natural gas blending. The Sec7 retary may determine that rulemaking efforts related to hy8 drogen should be advanced before completion of the study 

9 under subsection (a). 

10 (f) STATUTORY CONSTRUCTION.—Nothing in this sec11 tion shall be construed to prohibit or otherwise limit the 

12 authority of the Secretary to issue regulations relating to 

13 hydrogen prior to the submission of the report under sub14 section (d). 

15 SEC. 21. PENALTY FOR CAUSING A DEFECT IN OR DIS16 RUPTING OPERATION OF PIPELINE INFRA17 STRUCTURE. 

18 Section 60123 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(e) PENALTY FOR CAUSING A DEFECT IN OR DIS21 RUPTING OPERATION OF PIPELINE INFRASTRUCTURE.— 

22 ‘‘(1) IN GENERAL.—A person shall be fined 

23 under title 18, imprisoned for not more than 10 

24 years, or both, if the person knowingly and will25 fully— 


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1 ‘‘(A) causes a defect in a pipe, pump, com2 pressor, or valve in the possession of a pipeline 

3 operator to be used in construction of any pipe4 line facility described in subsection (b) that 

5 would affect the integrity or safe operation of 

6 any such facility; or 

7 ‘‘(B) disrupts the operation of any pipeline 

8 facility described in subsection (b) by causing or 

9 undertaking the unauthorized or unplanned 

10 turning or manipulation of a valve. 

11 ‘‘(2) DEFINITION.—In this subsection, the term 

12 ‘in the possession of a pipeline operator’ means, with 

13 respect to a pipe, pump, compressor, or valve, that 

14 such pipe, pump, compressor, or valve is— 

15 ‘‘(A) in transit to a pipeline component 

16 staging site or construction site; 

17 ‘‘(B) at a pipeline component staging site; 

18 or 

19 ‘‘(C) at a construction site.’’. 

20 SEC. 22. CIVIL PENALTIES. 

21 Section 60122(a)(1) of title 49, United States Code, 

22 is amended by striking ‘‘$2,000,000’’ and inserting 

23 ‘‘$2,500,000’’. 


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1 SEC. 23. LIQUEFIED NATURAL GAS REGULATORY COORDI2 NATION. 

3 (a) ESTABLISHMENT AND PURPOSE.—The Secretary of 

4 Transportation shall establish and convene a Liquefied Nat5 ural Gas Regulatory Safety Working Group (in this section 

6 referred to as the ‘‘Working Group’’) through the National 

7 Center of Excellence for Liquefied Natural Gas Safety to 

8 clarify the authority of Federal agencies in the authorizing 

9 and oversight of LNG facilities, other than peak shaving 

10 facilities, and improve coordination of the authority of such 

11 agencies. 

12 (b) MEMBERSHIP.— 

13 (1) IN GENERAL.—The Working Group shall con14 sist of certain representatives of the Federal govern15 ment, as such term is defined in clauses (i) through 

16 (v) of section 111(a)(3)(F) of the PIPES Act of 2020 

17 (Public Law 116–260), as designated by the Secretary 

18 of Transportation or appropriate Federal agency 

19 leadership. 

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

21 and Hazardous Materials Safety Administration or a 

22 designee of the Administrator shall serve as chair of 

23 the Working Group, unless an alternate member of the 

24 working group is selected by unanimous consent of the 

25 Working Group. 


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1 (3) RESPONSIBILITIES OF CHAIR.—The Chair of 

2 the Working Group shall establish an agenda and 

3 schedule for the Working Group to accomplish the ob4 jectives described in subsection (c). 

5 (c) EVALUATION.— 

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

7 evaluate individual Federal agency authorities per8 taining to the siting and design, construction, oper9 ation and maintenance, and operational and process 

10 safety regulations of LNG facilities. 

11 (2) NEGOTIATION.—The Working Group shall 

12 negotiate Federal agency agreements pursuant to sub13 section (d) to establish procedures for— 

14 (A) the application of the respective au15 thorities of each Federal agency in ensuring safe16 ty in a manner to ensure effective regulation of 

17 LNG facilities in the public interest; 

18 (B) resolving conflicts concerning overlap19 ping jurisdiction among the Federal agencies; 

20 and 

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

22 appropriate, conflicting or duplicative regula23 tion, inspection protocols, and reporting obliga24 tions. 


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1 (d) MEMORANDUM OF UNDERSTANDING AND INTER2 AGENCY AGREEMENTS.—Not later than 2 years after the 

3 date of enactment of this Act, the agencies represented on 

4 the Working Group shall enter into interagency agreements 

5 or memorandums of understanding regarding best practices 

6 and individual agency safety oversight enforcement respon7 sibilities regarding LNG facilities, other than peak shaving 

8 facilities. 

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

10 after entering into interagency agency agreements or memo11 randum of understanding under subsection (d), the Sec12 retary shall submit to the Committee on Transportation 

13 and Infrastructure and the Committee on Energy and Com14 merce of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate 

16 a report on the memorandum of understanding or inter17 agency agreements and how such memorandum or agree18 ments have contributed to improved safety and enforcement 

19 oversight coordination of LNG facilities. 

20 (f) LNG DEFINED.—In this section, the term ‘‘LNG’’ 

21 means liquefied natural gas. 

22 SEC. 24. PIPELINE SAFETY VOLUNTARY INFORMATION23 SHARING SYSTEM. 

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

25 States Code, is amended by adding at the end the following: 


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1 ‘‘§ 60144. Voluntary information-sharing system 

2 ‘‘(a) ESTABLISHMENT.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall establish 

4 a confidential voluntary information-sharing system 

5 (referred to in this section as ‘VIS’) to encourage the 

6 sharing of pipeline safety data and information in a 

7 non-punitive context in order to improve the safety of 

8 gas, carbon dioxide, and hazardous liquid gathering, 

9 transmission, and distribution pipelines and facili10 ties, including storage facilities. 

11 ‘‘(2) PURPOSE.—The purpose of the VIS is to es12 tablish a comprehensive, systematic, and integrated 

13 structure to gather, evaluate, and quantify critical 

14 pipeline safety data and information and to share 

15 recommended remediation measures and lessons 

16 learned across the pipeline industry in an effort to 

17 improve pipeline safety, including damage prevention 

18 efforts, while protecting participant confidentiality. 

19 ‘‘(3) IMPLEMENTATION AND MANAGEMENT.—In 

20 establishing the VIS under this section, the Secretary 

21 shall implement and manage such VIS based on the 

22 Pipeline Safety Voluntary Information-Sharing Sys23 tem Recommendation Report prepared pursuant to 

24 section 10 of the Protecting Our Infrastructure of 

25 Pipelines and Enhancing Safety Act of 2016 (49 

26 U.S.C. 60108 note). 


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1 ‘‘(4) INAPPLICABILITY OF FACA.—The VIS shall 

2 not be considered a Federal advisory committee and 

3 shall not be subject to the requirements of chapter 10 

4 of title 5. 

5 ‘‘(b) GOVERNANCE.— 

6 ‘‘(1) IN GENERAL.—A Governing Board, a Pro7 gram Manager, a Third-Party Information Manager, 

8 and Issue Analysis Teams shall govern the VIS. 

9 ‘‘(2) GOVERNING BOARD.— 

10 ‘‘(A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this section, 

12 the Administrator of the Pipeline and Haz13 ardous Materials Safety Administration shall 

14 appoint a Governing Board after consulting with 

15 public and private pipeline safety stakeholders. 

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

17 Governing Board shall be comprised of at least 

18 9 members and shall represent a balanced cross19 section of pipeline safety stakeholders with pipe20 line safety knowledge or experience as follows: 

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1 ments, 1 of which shall be the Adminis2 trator. 

3 ‘‘(ii) At least 3 individuals shall be se4 lected from the gas, carbon dioxide, or haz5 ardous liquid industries, such as operators, 

6 trade associations, inspection technology, 

7 coating, and cathodic protection vendors, 

8 and pipeline inspection organizations. 

9 ‘‘(iii) At least 3 individuals shall be se10 lected from public safety advocate organiza11 tions, such as pipeline safety and environ12 mental advocacy groups, public safety-fo13 cused research institutions, or labor and 

14 worker safety representatives. 

15 ‘‘(C) BOARD TERMS.— 

16 ‘‘(i) IN GENERAL.—Each member of 

17 the Governing Board shall be appointed for 

18 a term of 3 years, with the terms of 3 of the 

19 members expiring each year. 

20 ‘‘(ii) TERM EXPIRATION.—The term of 

21 at least 1 member of each of the 3 stake22 holder groups established in subparagraph 

23 (B) shall expire each year. 

24 ‘‘(iii) INITIAL APPOINTMENT.—In the 

25 initial appointment of members, terms of 1, 


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1 2, and 3 years shall be established to allow 

2 the terms of 3 members to expire thereafter 

3 each year. 

4 ‘‘(iv) REAPPOINTMENT.—Each member 

5 may be reappointed for consecutive 3-year 

6 terms. 

7 ‘‘(D) CO-CHAIRS.— 

8 ‘‘(i) IN GENERAL.—The Governing 

9 Board shall be co-chaired by— 

10 ‘‘(I) the Administrator; 

11 ‘‘(II) a representative of the stake12 holder group described in subpara13 graph (B)(ii), who shall be appointed 

14 with advice and consent of the Gov15 erning Board; and 

16 ‘‘(III) a representative of the 

17 stakeholder group described in sub18 paragraph (B)(iii), who shall be ap19 pointed with advice and consent of the 

20 Governing Board. 

21 ‘‘(ii) RESPONSIBILITIES.—The co22 chairs of the Governing Board shall be 

23 jointly responsible for organizing and con24 ducting meetings of the Governing Board. 


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1 ‘‘(E) AUTHORITY.—The Governing Board 

2 shall make decisions by a super-majority of two3 thirds plus 1 of the Governing Board members 

4 and shall have the authority to— 

5 ‘‘(i) govern and provide strategic over6 sight to the VIS; 

7 ‘‘(ii) develop governance documents, 

8 including a Governing Board charter that 

9 is made available to the public, and that de10 scribes the scope of the authority and objec11 tives of the Board; 

12 ‘‘(iii) select a Third-Party Data Man13 ager described in paragraph (4) with exper14 tise in data protection, aggregation, and 

15 analytics and geographic information sys16 tems; 

17 ‘‘(iv) approve the criteria and proce18 dures governing how the Third-Party Data 

19 Manager described in paragraph (4) will 

20 receive and accept pipeline safety data and 

21 information and who will have the author22 ity to view VIS data; 

23 ‘‘(v) establish and appoint members to 

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1 graph (5) that consist of technical and sub2 ject matter experts; 

3 ‘‘(vi) collaborate with Issue Analysis 

4 Teams described in paragraph (5) to iden5 tify the issues and topics to be analyzed; 

6 ‘‘(vii) collaborate with Issue Analysis 

7 Teams described in paragraph (5) to specify 

8 the type of de-identified pipeline safety data 

9 and information that Issue Analysis Teams 

10 need in order to analyze the issues identi11 fied under clause (vi) and topics; 

12 ‘‘(viii) determine the information to be 

13 disseminated; 

14 ‘‘(ix) determine the reports to be dis15 seminated; 

16 ‘‘(x) at least once per year, issue a re17 port to the public on VIS processes, mem18 bership of the Governing Board, issues or 

19 topics being investigated and analyzed, 

20 pipeline safety data and information that 

21 the VIS has requested for submission to the 

22 VIS, and safety trends identified; and 

23 ‘‘(xi) perform other functions as the 

24 Governing Board decides are necessary or 


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1 appropriate consistent with the purpose of 

2 the VIS. 

3 ‘‘(3) PROGRAM MANAGER.—The Administrator 

4 shall provide the day-to-day program management 

5 and administrative support for the VIS, including 

6 oversight of the Third-Party Data Manager described 

7 in paragraph (4). 

8 ‘‘(4) THIRD-PARTY DATA MANAGER.— 

9 ‘‘(A) IN GENERAL.—A Third-Party Data 

10 Manager shall provide data management and 

11 data oversight services for the VIS. 

12 ‘‘(B) RESPONSIBILITIES.—In fulfilling the 

13 responsibilities described in subparagraph (A), 

14 the Third-Party Data Manager shall— 

15 ‘‘(i) accept pipeline safety data and in16 formation submitted to the VIS that meets 

17 the criteria and procedures established by 

18 the Governing Board under paragraph 

19 (2)(E)(iv); 

20 ‘‘(ii) de-identify, securely store, and 

21 manage pipeline safety data and informa22 tion that is accepted by the VIS; 

23 ‘‘(iii) collaborate with Issue Analysis 

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1 ty data and information that is accepted by 

2 the VIS; 

3 ‘‘(iv) prepare reports as requested by 

4 the Governing Board regarding the type of 

5 pipeline safety data and information that is 

6 managed by the VIS; and 

7 ‘‘(v) make recommendations regarding 

8 the management of pipeline safety data and 

9 information, as appropriate. 

10 ‘‘(5) ISSUE ANALYSIS TEAMS.—Issue Analysis 

11 Teams of the VIS shall— 

12 ‘‘(A) work with the Third-Party Data Man13 ager described in paragraph (4) to aggregate and 

14 analyze de-identified pipeline safety data and 

15 information accepted by the VIS; 

16 ‘‘(B) collaborate with the Governing Board 

17 to identify issues and topics for analysis and 

18 submit internal reports and recommendations to 

19 the Governing Board; and 

20 ‘‘(C) prepare reports as requested by the 

21 Governing Board regarding issues and topics 

22 identified for additional research by the Gov23 erning Board. 

24 ‘‘(6) PARTICIPATION.— 


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1 ‘‘(A) IN GENERAL.—The submission of pipe2 line safety data and information to the VIS by 

3 any person shall be voluntary, with no person 

4 compelled to participate in or submit data or in5 formation for inclusion in the VIS. 

6 ‘‘(B) ACCEPTANCE OF INFORMATION.—The 

7 VIS shall implement policies to ensure that all 

8 operator data or information submitted has been 

9 authorized by the operator for submission. 

10 ‘‘(C) SHARING OF INFORMATION.—The Gov11 erning Board shall encourage the voluntary shar12 ing of pipeline safety data and information 

13 among operators of gas, carbon dioxide, and haz14 ardous liquid gathering, transmission, and dis15 tribution pipelines and facilities, employees, 

16 labor unions, contractors, in-line inspection serv17 ice providers, non-destructive evaluation experts, 

18 the Pipeline and Hazardous Materials Safety 

19 Administration, representatives of State pipeline 

20 safety agencies, local and Tribal governments, 

21 pipeline safety advocacy groups, manufacturers, 

22 research and academic institutions, and other 

23 pipeline stakeholders. 

24 ‘‘(c) INFORMATION SHARING.— 


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1 ‘‘(1) INCLUSIONS.—Pipeline safety data and in2 formation accepted by the VIS may include— 

3 ‘‘(A) pipeline integrity risk analysis infor4 mation; 

5 ‘‘(B) lessons learned from accidents and 

6 near misses; 

7 ‘‘(C) process improvements; 

8 ‘‘(D) technology deployment practices; 

9 ‘‘(E) information obtained through VIS 

10 pipeline safety surveys of pipeline operator em11 ployees, as long as such surveys are voluntarily 

12 agreed to by the pipeline operator; and 

13 ‘‘(F) pipeline safety data and information 

14 which may lead to the identification of pipeline 

15 safety risks. 

16 ‘‘(d) CONFIDENTIALITY.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) CONFIDENTIALITY.—To facilitate the 

19 sharing of otherwise non-public pipeline safety 

20 data and information (hereinafter known as 

21 ‘non-public information’) in the VIS, non-public 

22 information accepted by the VIS and which may 

23 be analyzed, stored, or managed by the VIS shall 

24 be kept confidential by the VIS. 


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1 ‘‘(B) RULE OF CONSTRUCTION.—Subpara2 graph (A) shall not be construed to apply to pub3 lic information that may be submitted to the 

4 VIS or to non-public information that is re5 quired to be submitted to any Federal, State, 

6 local, or Tribal agency under any other provi7 sion of law. 

8 ‘‘(2) DISCLOSURE OF DE-IDENTIFIED, NON-PUB9 LIC INFORMATION.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding sub11 sections (e) and (f), the Governing Board may 

12 approve the disclosure of de-identified, non-pub13 lic information by the VIS or by the Adminis14 trator of the Pipeline and Hazardous Materials 

15 Safety Administration based on analysis of the 

16 de-identified information and any safety find17 ings or recommendations that the Governing 

18 Board in the sole discretion of the Board deter19 mines to publish or authorizes the Administrator 

20 to publish to improve pipeline safety. 

21 ‘‘(B) PUBLIC REPORTS.—In issuing public 

22 reports under subsection (b)(2)(E)(x), the Gov23 erning Board shall approve the disclosure of de24 identified, non-public information by the VIS 

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1 essary to adequately describe and illustrate the 

2 issues and topics being investigated and ana3 lyzed by the VIS. 

4 ‘‘(3) LIMITATION.—Except as provided in para5 graph (2), no person, including any VIS Governing 

6 Board member, the Program Manager, the Third7 Party Data Manager described in subsection (b)(4), 

8 an Issue Analysis Team member described in sub9 section (b)(5), or any Federal, State, local, or Tribal 

10 agency, having or obtaining access to non-public in11 formation by virtue of the acceptance of such infor12 mation to the VIS, shall release or communicate VIS 

13 held non-public information, in either an identified 

14 or de-identified form, to any person that does not 

15 have the authority to view VIS data. 

16 ‘‘(e) APPLICABILITY OF FOIA.—Any non-public infor17 mation that is accepted by the VIS and which may be ana18 lyzed, stored, or managed by the VIS and subsequently ob19 tained by the Secretary or the Administrator by virtue of 

20 the acceptance of such information to the VIS shall be ex21 empt from the requirements of section 552 of title 5 and 

22 specifically exempt from release under subsection (b)(3) of 

23 such section. 

24 ‘‘(f) EXCLUSIONS.— 


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1 ‘‘(1) EXCLUDED EVIDENCE.—Except as provided 

2 in paragraph (3), non-public information accepted by 

3 the VIS and which may be analyzed, stored, or man4 aged by the VIS shall not be obtained from the VIS— 

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

6 any Federal, State, local, Tribal, or private liti7 gation, including any action or proceeding; or 

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

9 civil litigation against a pipeline operator or 

10 employees or contractors of such operator relat11 ing to a probable violation under this chapter 

12 (including any regulation promulgated or order 

13 issued under this chapter). 

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

15 provided in paragraph (3), non-public information 

16 accepted by the VIS and which may be analyzed, 

17 stored, or managed by the VIS shall not be subject to 

18 discovery from the VIS in any Federal, State, local, 

19 Tribal, or private litigation or other proceeding. 

20 ‘‘(3) LIMITATIONS ON EXCLUSIONS.—The exclu21 sions described in paragraphs (1) and (2) shall not 

22 apply to non-public information accepted by the VIS 

23 that is— 

24 ‘‘(A) evidence of a criminal violation; 


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1 ‘‘(B) not related to the established purpose 

2 of the VIS described in subsection (a)(2); 

3 ‘‘(C) otherwise required to be reported to the 

4 Secretary under part 191 (including information 

5 about an incident or accident), part 192, part 

6 194, part 195, or part 199 of title 49, Code of 

7 Federal Regulations (or successor regulations), or 

8 required to be reported under the requirements of 

9 a State authority; or 

10 ‘‘(D) developed or obtained from a source 

11 other than the VIS, including through discovery 

12 from a person or an entity other than the VIS 

13 in an enforcement action or private litigation. 

14 ‘‘(4) ADDITIONAL LIMITATIONS ON EXCLU15 SIONS.—The exclusions described in paragraphs (1) 

16 and (2) shall not apply to non-public information 

17 that is submitted to but not accepted by the VIS. 

18 ‘‘(g) EFFECT ON STATE LAW.—Nothing in this section 

19 shall be construed to affect Federal, State, or local pipeline 

20 safety law. 

21 ‘‘(h) NO EFFECT ON DISCOVERY.— 

22 ‘‘(1) RULE OF CONSTRUCTION.—Nothing in this 

23 section or any rule, regulation, or amendment issued 

24 pursuant to this section shall be construed to create 

25 a defense to a discovery request or otherwise limit or 


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1 affect the discovery of pipeline safety data and infor2 mation arising from a cause of action authorized 

3 under any Federal, State, or local law. 

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

5 apply to exclusions from discovery from the VIS as 

6 described in subsection (f)(2). 

7 ‘‘(i) EXPENSES.— 

8 ‘‘(1) IN GENERAL.—Members of the VIS Gov9 erning Board and Issue Analysis Teams may be paid 

10 expenses under section 5703 of title 5. 

11 ‘‘(2) RULE OF CONSTRUCTION.—A payment 

12 under this subsection shall not be construed to make 

13 a member of the VIS Governing Board an officer or 

14 employee of the Federal Government. 

15 ‘‘(3) FEDERAL EMPLOYEES.—Paragraph (1) 

16 shall not apply to members of the VIS Governing 

17 Board that are employees of the Federal Government. 

18 ‘‘(j) REPORT ON VIS.—Not later than 2 years after 

19 the date of enactment of this section, the Secretary shall 

20 submit to the Committee on Transportation and Infrastruc21 ture and the Committee on Energy and Commerce of the 

22 House of Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate, and make pub24 licly available, a report that includes— 


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1 ‘‘(1) a detailed accounting of the allocation and 

2 uses of expenditures authorized under this section; 

3 ‘‘(2) an estimate of the annual cost to maintain 

4 the VIS program, including an assessment and pro5 jection of costs associated with the Third-Party Data 

6 Manager, data sourcing and storage, data governance, 

7 data architecture, data consumption, and the VIS op8 erations and administration by the Pipeline and 

9 Hazardous Materials Safety Administration; 

10 ‘‘(3) the methodology for determining the esti11 mate under paragraph (2); 

12 ‘‘(4) the number of expected participants in the 

13 VIS program; 

14 ‘‘(5) the number of Pipeline and Hazardous Ma15 terials Safety Administration positions needed to 

16 maintain the VIS program; 

17 ‘‘(6) the projected timeline for the implementa18 tion of the VIS program to meet the purposes under 

19 subsection (a)(2); and 

20 ‘‘(7) recommendations to ensure sufficient fund21 ing for the ongoing activities of the VIS program, in22 cluding a reasonable fee assessed on authorized par23 ticipants in the VIS program. 

24 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated for the establishment of 


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1 a voluntary information-sharing program under this sec2 tion— 

3 ‘‘(1) $1,000,000 for fiscal year 2024; 

4 ‘‘(2) $10,000,000 for fiscal year 2025; 

5 ‘‘(3) $10,000,000 for fiscal year 2026; and 

6 ‘‘(4) $10,000,000 for fiscal year 2027.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 601 of title 49, United States Code, is amended by adding 

9 at the end the following: 

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

10 SEC. 25. CARBON DIOXIDE PIPELINES. 

11 (a) PURPOSE AND GENERAL AUTHORITY.—Section 

12 60102 of title 49, United States Code, is amended— 

13 (1) in subsection (b)— 

14 (A) in subparagraph (1)(B)(i) by inserting 

15 ‘‘or carbon dioxide’’ after ‘‘hazardous liquids’’; 

16 and 

17 (B) in paragraph (2)(A)— 

18 (i) by redesignating clause (ii) and 

19 (iii) as clause (iii) and (iv), respectively; 

20 and 

21 (ii) by inserting after clause (i) the fol22 lowing: 

23 ‘‘(ii) carbon dioxide pipeline safety in24 formation;’’; 


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1 (2) in subsection (c) by inserting ‘‘or carbon di2 oxide pipeline facility’’ after ‘‘hazardous liquid pipe3 line facility’’; 

4 (3) in subsection (d)(2)— 

5 (A) in subparagraph (A) by striking ‘‘and’’ 

6 at the end; 

7 (B) in subparagraph (B) by striking the 

8 semicolon and inserting ‘‘; and’’; and 

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

10 ‘‘(C) major carbon dioxide pipeline facili11 ties of the operator;’’; 

12 (4) in subsection (e) by striking ‘‘transportation 

13 of gas or hazardous liquid’’ and inserting ‘‘transpor14 tation of gas, hazardous liquid, or carbon dioxide’’; 

15 (5) in subsection (f)(1) by striking ‘‘natural gas 

16 transmission pipeline or hazardous liquid pipeline fa17 cilities’’ and inserting ‘‘natural gas transmission 

18 pipeline, hazardous liquid pipeline facilities, or car19 bon dioxide pipeline facilities’’ each place it appears; 

20 (6) in subsection (i)— 

21 (A) in paragraph (1) by striking ‘‘regulate 

22 carbon dioxide’’ and all that follows through ‘‘by 

23 such a facility’’ and inserting ‘‘prescribe stand24 ards related to pipeline facilities to ensure the 


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1 safe transportation of carbon dioxide in a liquid 

2 or supercritical state by such facilities’’; 

3 (B) by striking paragraph (2)(B) and in4 serting the following: 

5 ‘‘(B) INCLUSION OF APPLICABLE STAND6 ARDS.—The Secretary shall establish the min7 imum safety standards in part 195 of title 49, 

8 Code of Federal Regulations, as applicable.’’; 

9 (C) in paragraph (3) by inserting ‘‘ pre10 scribe the location of a carbon dioxide storage fa11 cility or to’’ before ‘‘regulate piping’’; 

12 (D) by redesignating paragraph (3) as 

13 paragraph (4); 

14 (E) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) STORAGE OF CARBON DIOXIDE.— 

17 ‘‘(A) MINIMUM SAFETY STANDARDS.—The 

18 Secretary shall prescribe minimum safety stand19 ards for the injection, withdrawal, and storage of 

20 carbon dioxide incidental to pipeline transpor21 tation. 

22 ‘‘(B) STORAGE OF CARBON DIOXIDE INCI23 DENTAL TO PIPELINE TRANSPORTATION.—In this 

24 paragraph, the term ‘storage of carbon dioxide 

25 incidental to pipeline transportation’— 


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1 ‘‘(i) means the temporary receipt and 

2 storage of carbon dioxide transported by 

3 pipeline for continued transport; but 

4 ‘‘(ii) does not include— 

5 ‘‘(I) with respect to each State, 

6 the long-term containment of carbon 

7 dioxide in subsurface geologic forma8 tions or other activity subject to the re9 quirements of a State underground in10 jection control program prescribed by 

11 the Administrator of the Environ12 mental Protection Agency and applica13 ble to the State, or adopted by the 

14 State and approved by the Adminis15 trator, under part C of the Safe Drink16 ing Water Act (42 U.S.C. 300h et seq.); 

17 or 

18 ‘‘(II) the temporary storage of 

19 carbon dioxide in any excepted pipe20 lines listed in paragraph (b) of section 

21 195.1 of title 49, Code of Federal Regu22 lations, as of the date of enactment of 

23 the PIPES Act of 2023.’’; and 

24 (F) by adding at the end the following: 

25 ‘‘(5) DISPERSION MODELING.— 


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1 ‘‘(A) SAFETY STANDARDS.—The Secretary 

2 shall prescribe minimum safety standards to re3 quire each operator of a carbon dioxide pipeline 

4 facility to employ vapor dispersion modeling to 

5 identify high consequence areas, as defined at 

6 section 195.450 of title 49, Code of Federal Regu7 lations, and paragraph (7)(I)(A) of Appendix C 

8 to part 195 of such title, that could be affected 

9 by a release from such a pipeline. 

10 ‘‘(B) CONSIDERATIONS.—In performing the 

11 vapor dispersion modeling under subparagraph 

12 (A), operators of a carbon dioxide pipeline facil13 ity shall consider— 

14 ‘‘(i) the topography surrounding the 

15 pipeline; 

16 ‘‘(ii) atmospheric conditions that could 

17 affect vapor dispersion; 

18 ‘‘(iii) pipeline operating characteris19 tics; and 

20 ‘‘(iv) additional substances present in 

21 the pipeline that could affect vapor disper22 sion. 

23 ‘‘(C) MAINTENANCE OF FILES.—The Sec24 retary shall require each operator of a carbon di25 oxide pipeline facility to maintain records docuVerDate Sep 11 2014 02:30 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H6494.RH H6494

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1 menting the areas that could affect high con2 sequence areas, as determined using the vapor 

3 dispersion modeling required pursuant to sub4 paragraph (A), in the manual of written proce5 dures for operating, maintaining, and handling 

6 emergencies for such pipeline. 

7 ‘‘(D) PROTECTION OF SENSITIVE INFORMA8 TION.—In responding to a public request for in9 formation regarding carbon dioxide dispersion 

10 modeling, the Secretary may, taking into ac11 count public safety, security, and the need for 

12 public access, exclude from disclosure (as the Sec13 retary determines appropriate)— 

14 ‘‘(i) security sensitive information re15 lated to strategies for responding to worst16 case carbon dioxide release scenarios; 

17 ‘‘(ii) security sensitive information re18 lated to carbon dioxide release plumes; and 

19 ‘‘(iii) security sensitive information re20 lated to plans for responding to a carbon 

21 dioxide release. 

22 ‘‘(E) STATUTORY CONSTRUCTION.—Nothing 

23 in this section may be construed to require dis24 closure of information or records that are exempt 

25 from disclosure under section 552 of title 5.’’. 


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1 (b) REGULATIONS REQUIRED.—Not later than 1 year 

2 after the date of publishing a notice of proposed rulemaking 

3 titled ‘‘Pipeline Safety: Safety of Carbon Dioxide and Haz4 ardous Liquid Pipelines’’ (or any other notice of proposed 

5 rulemaking covering substantially similar regulatory re6 quirements), the Secretary shall issue a final rule based on 

7 such proposed rulemaking. The final rule shall include up8 dates to such regulations as are necessary to implement sec9 tion 60102(i) of title 49, United States Code, as amended 

10 by subsection (a), and other carbon dioxide safety issues 

11 identified by the Secretary. 

12 (c) STATE PIPELINE SAFETY PROGRAM CERTIFI13 CATIONS.—Section 60105(b)(9)(A) of title 49, United States 

14 Code, is amended by striking ‘‘natural gas and hazardous 

15 liquid’’ and inserting ‘‘natural gas, hazardous liquid, and 

16 carbon dioxide’’. 

17 (d) STATE PIPELINE SAFETY GRANTS.—Section 

18 60107(a)(2) of title 49, United States Code, is amended by 

19 inserting ‘‘or interstate carbon dioxide’’ after ‘‘interstate 

20 hazardous liquid’’. 

21 (e) INSPECTION AND MAINTENANCE.—Section 60108 of 

22 title 49, United States Code, is amended— 

23 (1) in subsection (a)(1) by striking ‘‘gas pipeline 

24 facility or hazardous liquid pipeline facility’’ and inVerDate Sep 11 2014 02:30 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H6494.RH H6494

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1 serting ‘‘gas pipeline facility, hazardous liquid pipe2 line facility, or carbon dioxide pipeline facility’’; and 

3 (2) in subsection (e)(1) by striking ‘‘gas or haz4 ardous liquid pipeline facility’’ and inserting ‘‘gas 

5 pipeline facility, hazardous liquid pipeline facility, or 

6 carbon dioxide pipeline facility’’. 

7 (f) HIGH-DENSITY POPULATION AREAS AND ENVIRON8 MENTALLY SENSITIVE AREAS.—Section 60109 of title 49, 

9 United States Code, is amended— 

10 (1) in subsection (a)(1)(B)— 

11 (A) by inserting ‘‘or carbon dioxide’’ after 

12 ‘‘by operators of hazardous liquid’’; 

13 (B) by inserting ‘‘and carbon dioxide’’ after 

14 ‘‘each hazardous liquid’’ each place it appears; 

15 and 

16 (C) in clause (ii) by inserting ‘‘or carbon 

17 dioxide’’ after ‘‘there is a hazardous liquid’’; and 

18 (2) in subsection (b) by inserting ‘‘or carbon di19 oxide’’ after ‘‘there is a hazardous liquid’’; and 

20 (3) in subsection (g)— 

21 (A) in the heading by inserting ‘‘AND CAR22 BON DIOXIDE’’ after ‘‘LIQUID’’; and 

23 (B) in paragraph (2) by inserting ‘‘or car24 bon dioxide’’ after ‘‘underwater hazardous liq25 uid’’. 


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1 (g) TECHNICAL SAFETY STANDARDS COMMITTEES.— 

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

3 (1) in subsection (b)(2)— 

4 (A) by striking ‘‘transporting hazardous liq5 uid or operating a hazardous liquid pipeline fa6 cility’’ and inserting ‘‘transporting hazardous 

7 liquid, transporting carbon dioxide, operating a 

8 hazardous liquid pipeline facility, or operating a 

9 carbon dioxide pipeline facility’’ each place it 

10 appears; and 

11 (B) by striking ‘‘transporting hazardous 

12 liquid and of hazardous liquid pipeline facili13 ties’’ and inserting ‘‘transporting hazardous liq14 uid or transporting carbon dioxide and of haz15 ardous liquid pipeline facilities or carbon diox16 ide pipeline facilities’’; 

17 (2) in subsection (b)(3)(B) by striking ‘‘the nat18 ural gas or hazardous liquid industry’’ and inserting 

19 ‘‘the natural gas industry, the hazardous liquid in20 dustry, or the carbon dioxide industry’’; 

21 (3) in subsection (b)(4)(B) by striking ‘‘natural 

22 gas pipelines or hazardous liquid pipeline facilities’’ 

23 and inserting ‘‘natural gas pipelines, hazardous liq24 uid pipeline facilities, or carbon dioxide pipeline fa25 cilities’’; 


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1 (4) in subsection (c)(1)(B) by striking ‘‘trans2 porting hazardous liquid and for hazardous liquid 

3 pipeline facilities’’ and inserting ‘‘transporting car4 bon dioxide, hazardous liquid pipeline facilities and 

5 carbon dioxide facilities’’; and 

6 (5) in subsection (d)(1) by striking ‘‘trans7 porting hazardous liquid and for hazardous liquid 

8 pipeline facilities’’ and inserting ‘‘transporting haz9 ardous liquid, transporting carbon dioxide, hazardous 

10 liquid pipeline facilities, and carbon dioxide pipeline 

11 facilities’’. 

12 (h) PUBLIC EDUCATION PROGRAMS.—Section 60116 of 

13 title 49, United States Code, is amended by striking ‘‘gas 

14 or hazardous liquid pipeline facility’’ and inserting ‘‘gas 

15 pipeline facility, hazardous liquid pipeline facility, or car16 bon dioxide pipeline facility’’ each place that it appears. 

17 (i) ADMINISTRATIVE PROVISIONS.—Section 60117 of 

18 title 49, United States Code, is amended— 

19 (1) in subsection (o)(1)— 

20 (A) in subparagraph (A) by striking ‘‘liquid 

21 pipeline facility or liquefied natural gas pipeline 

22 facility’’ and inserting ‘‘liquid pipeline facility, 

23 a liquefied natural gas pipeline facility, or a 

24 carbon dioxide pipeline facility’’; and 


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1 (B) in subparagraph (B)(i)(II) by inserting 

2 ‘‘or carbon dioxide pipeline facility’’ after ‘‘haz3 ardous liquid pipeline facility’’; and 

4 (2) in subsection (p)— 

5 (A) in paragraph (1) by striking ‘‘gas or 

6 hazardous liquid pipeline facilities’’ and insert7 ing ‘‘gas pipeline facilities, hazardous liquid 

8 pipeline facilities, or carbon dioxide pipeline fa9 cilities’’; and 

10 (B) in paragraph (8) by striking ‘‘gas or 

11 hazardous liquid pipeline facility’’ and inserting 

12 ‘‘gas pipeline facility, hazardous liquid pipeline 

13 facility, or carbon dioxide pipeline facility’’. 

14 (j) CRIMINAL PENALTIES.—Section 60123(b) of title 

15 49, United States Code, is amended by striking ‘‘an inter16 state hazardous liquid pipeline facility, or either an intra17 state gas pipeline facility or intrastate hazardous liquid 

18 pipeline facility’’ and inserting ‘‘an interstate hazardous 

19 liquid pipeline facility, an interstate carbon dioxide pipe20 line facility, or either an intrastate gas pipeline facility, 

21 an intrastate hazardous liquid pipeline facility, or an 

22 intrastate carbon dioxide facility’’. 

23 (k) EMERGENCY RESPONSE GRANTS.—Section 

24 60125(b)(1) of title 49, United States Code, is amended by 

25 striking ‘‘gas or hazardous liquid pipelines’’ and inserting 


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1 ‘‘gas pipelines, hazardous liquid pipelines, or carbon diox2 ide pipelines’’. 

3 (l) DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.— 

4 Section 60128(a) of title 49, United States Code, is amend5 ed by striking ‘‘interstate gas pipeline facility or interstate 

6 hazardous liquid pipeline facility’’ and inserting ‘‘inter7 state gas pipeline facility, interstate hazardous liquid pipe8 line facility, or interstate carbon dioxide pipeline facility’’. 

9 (m) VERIFICATION OF PIPELINE QUALIFICATION PRO10 GRAMS.—Section 60131(g) of title 49, United States Code, 

11 is amended— 

12 (1) in paragraph (1) by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (2) by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(3) with respect to a carbon dioxide pipeline fa18 cility, activities equivalent to the activities described 

19 with respect to a hazardous liquid pipeline facility 

20 under section 195.501 of such title.’’. 

21 (n) ENFORCEMENT TRANSPARENCY.—Section 

22 60135(a)(1) of title 49, United States Code, is amended by 

23 striking ‘‘gas and hazardous liquid pipeline’’ and inserting 

24 ‘‘gas, hazardous liquid, and carbon dioxide pipeline’’. 


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1 (o) PIPELINE CONTROL ROOM MANAGEMENT.—Sec2 tion 60137 and title 49, United States Code, is amended— 

3 (1) in subsection (a) by striking ‘‘gas or haz4 ardous liquid pipeline’’ and inserting ‘‘gas, hazardous 

5 liquid, or carbon dioxide pipeline’’; 

6 (2) in subsection (d) by striking ‘‘gas or haz7 ardous liquid pipeline’’ and inserting ‘‘gas, hazardous 

8 liquid, or carbon dioxide pipeline’’; and 

9 (3) in subsection (e) by striking ‘‘gas or haz10 ardous liquid pipeline’’ and inserting ‘‘gas, hazardous 

11 liquid, or carbon dioxide pipeline’’. 

12 (p) PIPELINE SAFETY ENHANCEMENT PROGRAMS.— 

13 Section 60142 of title 49, United States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1) by striking ‘‘or’’ at 

16 the end; 

17 (B) by redesignating paragraph (2) as 

18 paragraph (3); and 

19 (C) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) a carbon dioxide pipeline facility; or’’; 

22 (2) in subsection (k)(2)(A) by striking ‘‘inter23 state gas or hazardous liquid pipeline facilities’’ and 

24 inserting ‘‘interstate gas pipeline facilities, interstate 


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1 hazardous liquid pipeline facilities, or interstate car2 bon dioxide pipeline facilities’’; and 

3 (3) in subsection (l)(1) by striking ‘‘interstate 

4 gas or hazardous liquid pipeline facilities’’ and in5 serting ‘‘interstate gas pipeline facilities, interstate 

6 hazardous liquid pipeline facilities, or interstate car7 bon dioxide pipeline facilities’’. 

8 (q) IDLED PIPELINES.—Section 60143 of title 49, 

9 United States Code, is amended— 

10 (1) in subsection (a)(2) by inserting ‘‘carbon di11 oxide,’’ after ‘‘hazardous liquid,’’; and 

12 (2) in subsection (b) by striking ‘‘gas trans13 mission and hazardous liquid pipelines’’ and insert14 ing ‘‘gas transmission, hazardous liquid, and carbon 

15 dioxide pipelines’’ each place it appears. 

16 (r) USER FEES.—Section 60301 of title 49, United 

17 States Code, is amended— 

18 (1) in subsection (a) by striking ‘‘natural gas 

19 and hazardous liquids’’ and inserting ‘‘natural gas, 

20 hazardous liquids, and carbon dioxide’’; 

21 (2) in subsection (b) by striking ‘‘gas pipeline fa22 cility, or a hazardous liquid pipeline facility’’ and 

23 inserting ‘‘gas pipeline facility, a hazardous liquid 

24 pipeline facility, or a carbon dioxide pipeline facil25 ity’’; and 


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1 (3) in subsection (d)(1)— 

2 (A) in subparagraph (A) by striking ‘‘and’’ 

3 at the end; and 

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

5 ‘‘(C) related to a carbon dioxide pipeline facility 

6 may be used only for an activity related to carbon di7 oxide under chapter 601 of this title; and’’. 

8 SEC. 26. OPPORTUNITY FOR FORMAL HEARING. 

9 (a) ENFORCEMENT PROCEDURES.—Section 

10 60117(b)(1) of title 49, United States Code, is amended— 

11 (1) in subparagraph (I) by striking ‘‘and’’ at the 

12 end; 

13 (2) in subparagraph (J) by striking the period 

14 and inserting ‘‘; and’’; and 

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

16 ‘‘(K) allow the respondent an opportunity 

17 for a hearing on the record conducted by an ad18 ministrative law judge, in accordance with sec19 tion 554 of title 5, for a notice of probable viola20 tion enforcement matter— 

21 ‘‘(i) with a proposed civil penalty of at 

22 least $125,000; or 

23 ‘‘(ii) where the respondent can reason24 ably show the cost of the proposed compli25 ance action will exceed $125,000.’’. 


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1 (b) PROTOCOLS FOR PUBLIC HEARINGS.—Not later 

2 than 1 year after the date of enactment of this Act, the Sec3 retary of Transportation shall publish protocols for hear4 ings open to the public pursuant to section 60117(b)(2) of 

5 title 49, United States Code, that ensure an orderly process 

6 and protection of confidential information. 

7 (c) REPORT ON USE OF FORMAL HEARING PROC8 ESS.—Not later than 3 years after the date of enactment 

9 of this Act, the Secretary shall submit to the Committee on 

10 Transportation and Infrastructure and the Committee on 

11 Energy and Commerce of the House of Representatives and 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate a report detailing— 

14 (1) the number of hearings held pursuant to sub15 paragraph (K) of section 60117(b)(1) of title 49, 

16 United States Code; 

17 (2) the status of each such hearing; 

18 (3) an analysis comparing the informal hearing 

19 process and the formal hearing process that de20 scribes— 

21 (A) the length of time to resolve an enforce22 ment action under section 60117 of title 49, 

23 United States Code; 

24 (B) the cost of the enforcement action proc25 ess to— 


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1 (i) the respondent; and 

2 (ii) the Pipeline and Hazardous Mate3 rials Safety Administration; and 

4 (C) the number of cases that reach settle5 ment and the outcome of such cases; 

6 (4) any additional resources that are needed by 

7 the Secretary in response to implementing this provi8 sion for each fiscal year to carry out the amendment 

9 made by subsection (a); and 

10 (5) any safety improvements identified as a re11 sult of the implementation of subparagraph (K) of 

12 section 60117(b)(1) of title 49, United States Code. 

13 SEC. 27. STATE PIPELINE SAFETY GRANTS REPORTING. 

14 Section 60107(b) of title 49, United States Code, is 

15 amended— 

16 (1) by striking ‘‘After notifying’’ and inserting 

17 ‘‘(1) WITHHOLDING OF PAYMENT.—After notifying’’; 

18 and 

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

20 ‘‘(2) BUDGET ESTIMATE.—The budget estimates of the 

21 Secretary for each fiscal year shall include— 

22 ‘‘(A) a summary of amounts claimed, 

23 amounts reimbursed, and the percentages reim24 bursed in the preceding 3 fiscal years for the 

25 program under this section; and 


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1 ‘‘(B) the estimated funding necessary to 

2 fund 80 percent of the cost of the personnel, 

3 equipment, and activities under this section for 

4 the subsequent calendar year.’’. 

5 SEC. 28. INSPECTION OF IN-SERVICE BREAKOUT TANKS. 

6 (a) INSPECTION OF IN-SERVICE BREAKOUT TANKS.— 

7 Not later than 1 year after the date of enactment of this 

8 Act, the Secretary of Transportation shall review and, if 

9 determined that such action will achieve an equivalent level 

10 of safety, shall amend the safety standards in part 195 of 

11 title 49, Code of Federal Regulations, relating to the inter12 nal inspection of the bottoms of in-service breakout tanks 

13 to allow for risk-based inspections. 

14 (b) CONSIDERATION.—If the Secretary amends the 

15 safety standards described in subsection (a), the Secretary 

16 shall consider the 5th edition of standard 653 published by 

17 the American Petroleum Institute issued November 2014 ti18 tled ‘‘Tank Inspection, Repair, Alteration, and Reconstruc19 tion’’. 

20 (c) SCOPE.—If the Secretary amends the safety stand21 ards described in subsection (a), the Secretary shall ensure 

22 that such risk-based inspection standards achieve a level of 

23 safety that is equivalent to the level of safety required under 

24 such part 195, as in effect on the date of enactment of this 

25 Act. 


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1 SEC. 29. DISCLOSURE OF SAFETY INFORMATION ASSESS2 MENT. 

3 (a) ASSESSMENT.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall conduct an assessment on how gas pipeline facility, 

6 hazardous liquid pipeline facility, and carbon dioxide pipe7 line facility owners and operators engage with, and provide 

8 safety information to, the public and State or local emer9 gency response organizations. 

10 (b) SAFETY INFORMATION.—In conducting the assess11 ment required under subsection (a), the Secretary shall con12 sider— 

13 (1) pipeline safety materials that the owners and 

14 operators of pipelines described in subsection (a) vol15 untarily provide to the public; 

16 (2) methods of interaction between pipeline facil17 ity owners and operators and the public and State 

18 and local emergency response entities; 

19 (3) Federal, State, and local government regula20 tions governing information that pipeline facility 

21 owners and operators are required to share with the 

22 public; 

23 (4) industry consensus standards regarding the 

24 sharing of pipeline safety and emergency response in25 formation; 


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1 (5) specific data that could be shared with local 

2 and State emergency response and planning agencies, 

3 local public officials, and governing councils to en4 hance information sharing and pipeline safety, spe5 cifically— 

6 (A) the identification of general pipeline lo7 cation, or information including location, the 

8 products transported by pipeline or stored at an 

9 underground natural gas facility, data on break10 out tanks or production facilities that includes 

11 pipeline classification and impact areas, and 

12 owner or operator emergency response planning 

13 materials; and 

14 (B) information emergency response organi15 zations ask pipeline owners and operators to vol16 untarily share with the public; 

17 (6) emergency response materials that pipeline 

18 facility owners and operators voluntarily provide to 

19 emergency response organizations; 

20 (7) how pipeline facility owners and operators 

21 communicate with emergency response organizations, 

22 including— 

23 (A) the functional quality and use of data 

24 shared through the National Pipeline Mapping 

25 System; and 


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1 (B) the measures taken by emergency re2 sponse organizations to secure any sensitive in3 formation shared; 

4 (8) emergency response planning guidance and 

5 requirements issued by emergency response organiza6 tions for pipeline facility owners and operators; and 

7 (9) changes emergency response organizations 

8 recommend to improve communication with the pub9 lic and emergency response coordination organiza10 tions. 

11 (c) CONSULTATION.—In conducting the assessment 

12 under subsection (a), the Secretary shall consult with both 

13 large and small pipeline facility owners and operators, 

14 urban and rural State, local, and Tribal governments, 

15 emergency response organizations, and pipeline safety orga16 nizations. 

17 (d) REPORT TO CONGRESS.—Not later than 180 days 

18 after completion of the assessment in subsection (a), the Sec19 retary shall submit to the Committee on Transportation 

20 and Infrastructure and the Committee on Energy and Com21 merce of the House of Representatives and the Committee 

22 on Commerce, Science, and Transportation of the Senate, 

23 a report containing the findings of the assessment under 

24 subsection (a) and any legislative recommendations of the 

25 Secretary. 


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1 (e) GUIDANCE.—Not later than 180 days after the sub2 mission of the report under subsection (d), the Secretary 

3 may issue guidance to improve pipeline safety information 

4 sharing with the public and other interested parties to ad5 vance pipeline safety. 

6 (f) DEFINITIONS.—The definitions contained in sec7 tion 60101(a) of title 49, United States Code, shall apply 

8 to this section. 

9 SEC. 30. ASSESSMENT OF CERTAIN PIPELINE SAFETY DEFI10 NITIONS. 

11 (a) EVALUATION.—Not later than 1 year after the date 

12 of enactment of this Act, the Secretary of Transportation 

13 shall evaluate the definition in section 192.5(b)(3)(ii) of 

14 title 49, Code of Federal Regulations, and the definition of 

15 identified site in section 192.903 of title 49, Code of Federal 

16 Regulations, to determine the adequacy for protecting build17 ings and occupied outdoor facilities from pipeline safety in18 cidents. 

19 (b) CONSIDERATIONS.—In carrying out the evaluation 

20 under subsection (a), the Secretary shall consider— 

21 (1) whether to revise the definition of the occu22 pancy counts of these areas; 

23 (2) whether consistency in minimum occupancy 

24 thresholds throughout part 192 of title 49, Code of 

25 Federal Regulations, would improve safety; and 


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1 (3) whether defining the occupancy counts in 

2 these areas as 20 or more persons on at least a total 

3 of 50 days within any 12-month period would im4 prove— 

5 (A) safety; and 

6 (B) the efficiency of carrying out class de7 terminations. 

8 (c) MODIFICATION OF DEFINITIONS.—The Secretary 

9 shall issue such regulations as the Secretary determines nec10 essary to modify the definitions in subsection (a) to increase 

11 safety for the protection of buildings and occupied outdoor 

12 facilities from pipeline safety incidents. 

13 SEC. 31. REPORT ASSESSING THE COSTS OF PIPELINE FAIL14 URES. 

15 (a) REPORT ASSESSING THE COSTS OF PIPELINE

16 FAILURES.—Not later than 180 days after the date of enact17 ment of this Act, the Secretary of Transportation shall enter 

18 into an agreement with the National Academies under 

19 which the National Academies shall, not later than 3 years 

20 after such date of enactment, conduct a study of the direct 

21 and indirect costs related to the failure or shutdown of a 

22 gas, hazardous liquid, or carbon dioxide pipeline facility. 

23 (b) ELEMENTS.—The study described under subsection 

24 (a) may include an analysis of— 


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1 (1) the direct and indirect costs related to a fail2 ure or shutdown of a gas, hazardous liquid, or carbon 

3 dioxide pipeline facility, including local community 

4 emergency response costs, local planning for emer5 gency response, and local community impact costs of 

6 loss of product; 

7 (2) the costs to an operator of such a facility of 

8 complying with enforcement actions related to a pipe9 line facility failure or shutdown, such as corrective 

10 action or consent orders, safety orders, and emergency 

11 orders; 

12 (3) the direct and indirect costs related to failure 

13 or shutdown of a gas, hazardous liquid, or carbon di14 oxide pipeline facility resulting from a cyber attack 

15 or intrusion, including any economic and supply 

16 chain impacts; 

17 (4) the impact to emergency response planning 

18 and resources of local communities, operators of gas, 

19 hazardous liquid, or carbon dioxide pipeline facilities, 

20 and the State, Federal, local, and Tribal governments 

21 in responding to and mitigating the impacts of a fail22 ure or shutdown of a gas, hazardous liquid, or carbon 

23 dioxide pipeline facility; 


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1 (5) the costs of environmental remediation result2 ing from a gas, hazardous liquid, or carbon dioxide 

3 pipeline facility failure or shutdown; 

4 (6) the economic impact of a gas, hazardous liq5 uid, or carbon dioxide pipeline facility failure or 

6 shutdown, including— 

7 (A) increases in product costs; 

8 (B) damage to public and private property; 

9 and 

10 (C) the potential costs of moving gas, haz11 ardous liquid, or carbon dioxide by other means 

12 of transportation, including by rail, truck, and 

13 barge; and 

14 (7) increased energy costs to households and 

15 businesses reliant on the movement of the gas, haz16 ardous liquid or carbon dioxide due to the shutdown 

17 or failure of a pipeline facility. 

18 (c) CONSULTATION.—In conducting the study under 

19 subsection (a), the National Academies shall consult with 

20 economists, State, Federal, local, and Tribal governments, 

21 emergency management officials, and pipeline stakeholders, 

22 including pipeline facility operators and public safety and 

23 environmental groups. 

24 (d) REPORT TO CONGRESS.—Upon completion of the 

25 study conducted under subsection (a), the Secretary shall— 


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1 (1) require the National Academies to submit to 

2 the Secretary a report on such study; and 

3 (2) submit to the Committee on Transportation 

4 and Infrastructure and the Committee on Energy and 

5 Commerce of the House of Representatives and the 

6 Committee on Commerce, Science, and Transpor7 tation of the Senate a report containing the results of 

8 such study. 

9 SEC. 32. STUDY ON LOCALIZED EMERGENCY ALERT SYSTEM 

10 FOR PIPELINE FACILITIES INCIDENTS. 

11 (a) GAO REVIEW.—Not later than 18 months after the 

12 date of enactment of this Act, the Comptroller General of 

13 the United States shall submit to the Secretary of Transpor14 tation, the Committee on Transportation and Infrastruc15 ture and the Committee on Energy and Commerce of the 

16 House of Representatives, and the Committee on Commerce, 

17 Science, and Transportation of the Senate a study assess18 ing— 

19 (1) the need and feasibility of requiring owners 

20 and operators of covered facilities to establish and 

21 maintain a localized emergency alert system; and 

22 (2) whether such an alert system would be best 

23 maintained by State or local emergency management 

24 officials or owners and operators of such facilities. 


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1 (b) CONSIDERATIONS.—In conducting the study under 

2 subsection (a), the Comptroller General shall— 

3 (1) consider the feasibility, benefits, costs, and 

4 safety impacts to affected stakeholders, including own5 ers and operators of covered facilities, the public, and 

6 State and local emergency management officials, of 

7 requiring a localized emergency alert system; 

8 (2) consider whether a localized emergency alert 

9 system can be established by such owners and opera10 tors or incorporated into existing public alert, broad11 cast, and electronic emergency alert systems, includ12 ing by assessing— 

13 (A) whether a localized emergency alert sys14 tem established and maintained by an owner or 

15 operator of a covered facility would conflict with, 

16 or impede the operation of, existing emergency 

17 alert systems; 

18 (B) the feasibility, benefits, costs, and tech19 nological needs of incorporating facility system 

20 data into existing emergency alert systems; 

21 (C) whether local emergency management 

22 organizations may need additional hardware, 

23 software, personnel, or communications support 

24 to incorporate a localized emergency alert system 

25 into an existing emergency alert system; 


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1 (D) whether other systems could support no2 tification to the public of an incident or accident 

3 at a covered facility, such as the National Re4 sponse Center, the Reverse-911 telecommuni5 cation system, or severe weather warning sys6 tems; and 

7 (E) whether localized emergency alert sys8 tems have been considered, studied, or imple9 mented in other high hazard industries, such as 

10 industrial gases, chemicals, petrochemicals, and 

11 petroleum refining, and the results of any study 

12 or implementation of such systems in such in13 dustries; 

14 (3) consult with owners and operators of large 

15 and small covered facilities, public safety advocacy 

16 groups, and urban and rural State and local emer17 gency management officials; 

18 (4) assess the adequacy of existing practices of 

19 owners and operators of covered facilities in pro20 viding timely and pertinent safety communication 

21 about an incident or accident at such facility to local 

22 communities affected by such incident or accident; 

23 (5) assess whether there are legal hurdles to es24 tablishing a localized emergency alert system that 


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1 uses voluntarily collected data or opt-in procedures, 

2 including any data security considerations; 

3 (6) consider the feasibility, benefits, costs, and 

4 other impacts to State and Federal safety regulators 

5 who would oversee any requirement of owners and op6 erators of covered facilities; 

7 (7) assess the types of incidents and accidents at 

8 covered facilities, by commodities transported and the 

9 unique characteristics of such incident or accident, 

10 that should be reported through a localized emergency 

11 alert system and the content of the information that 

12 should be provided; 

13 (8) assess which members of the public should re14 ceive communications from localized emergency alert 

15 systems, including individuals, persons, or organiza16 tions located in the vicinity of high consequence areas, 

17 unusually sensitive areas, and any other defining 

18 characteristics as determined by the Comptroller Gen19 eral; and 

20 (9) consider whether any Federal requirements 

21 or mandates are needed in order to establish an effec22 tive localized emergency alert system for incidents or 

23 accidents at covered facilities. 

24 (c) RECOMMENDATIONS.—The Comptroller General 

25 shall include in the study conducted under subsection (a) 


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1 any policy recommendations developed as a result of the 

2 information studied and assessed under subsection (b). 

3 (d) DEFINITIONS.—In this section: 

4 (1) COVERED FACILITY.—The term ‘‘covered fa5 cility’’ means a gas pipeline facility, a hazardous liq6 uid pipeline facility, or a carbon dioxide pipeline fa7 cility, including a liquefied natural gas storage facil8 ity or an underground natural gas storage facility, as 

9 defined in section 60101 of title 49, United States 

10 Code. 

11 (2) LOCALIZED EMERGENCY ALERT SYSTEM.— 

12 The term ‘‘localized emergency alert system’’ means a 

13 system that provides to individuals in the immediate 

14 vicinity of a covered facility an electronic notification 

15 of an incident or accident at such facility that pre16 sents an immediate risk to life or property. 

17 SEC. 33. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

18 (a) IN GENERAL.—Section 60139 of title 49, United 

19 States Code, is amended— 

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

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

22 (2) by redesignating subsection (e) as subsection 

23 (f); and 

24 (3) by inserting after subsection (d) the fol25 lowing: 


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

2 ‘‘(1) PREVIOUSLY TESTED TRANSMISSION

3 LINES.—Until the completion of the report of the 

4 Working Group required under paragraph (2) and 

5 the rulemaking proceeding required under paragraph 

6 (3), the Secretary shall not require an owner or oper7 ator of a pipeline facility to reconfirm the maximum 

8 allowable operating pressure of a natural gas trans9 mission pipeline pursuant to section 192.624 of title 

10 49, Code of Federal Regulations, if the owner or oper11 ator confirms the material strength of the pipeline 

12 through prior testing conducted to a sufficient min13 imum pressure in accordance with prevailing safety 

14 standards and practices, including any applicable 

15 class location factors, and documented in contempora16 neous records. 

17 ‘‘(2) WORKING GROUP REPORT.— 

18 ‘‘(A) IN GENERAL.—No later than 30 days 

19 after the date of enactment of the PIPES Act of 

20 2023, the Secretary of Transportation shall cre21 ate a fairly balanced working group (hereinafter 

22 referred to as the ‘Working Group’) to produce a 

23 report containing recommendations on the min24 imum pressure and contemporaneous records 


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1 that are sufficient to confirm the material 

2 strength of a pipeline through prior testing. 

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

4 The Working Group— 

5 ‘‘(i) shall be comprised of the Adminis6 trator of the Pipeline and Hazardous Mate7 rials Safety Administration, State pipeline 

8 regulators, the public, and industry stake9 holders active in the operation of natural 

10 gas pipelines; and 

11 ‘‘(ii) may include members of the Tech12 nical Pipeline Safety Standards Committee 

13 or be conducted in a manner that otherwise 

14 ensures input from the public, as deter15 mined appropriate by the Secretary. 

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

17 report required under paragraph (1), the Work18 ing Group— 

19 ‘‘(i) shall consider historical practices 

20 and all available research conducted regard21 ing minimum pressure and contempora22 neous records on transmission pipelines; 

23 and 

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

25 additional research or analyses needed to 


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1 demonstrate the adequacy of any strength 

2 testing performed. 

3 ‘‘(D) APPLICABILITY OF FACA.—Chapter 10 

4 of title 5 shall not apply to the Working Group. 

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

6 than 180 days after the date of enactment of the 

7 PIPES Act of 2023, the Working Group shall 

8 submit to the Secretary the report produced 

9 under paragraph (2), including any minority 

10 views. 

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

12 after receiving the report described in paragraph (2), 

13 the Secretary shall initiate a rulemaking proceeding 

14 under section 60102 to revise, or make a technical 

15 correction to, the maximum allowable operating pres16 sure reconfirmation regulations issued pursuant to 

17 this section in effect as of the date of enactment of the 

18 PIPES Act of 2023.’’. 


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Union Calendar No. 721 

118TH CONGRESS 

2D SESSION H. R. 6494 

[Report No. 118–884, Part I] 

A BILL 

To amend title 49, United States Code, to provide 

for other purposes. enhanced safety in pipeline transportation, and 

DECEMBER 16, 2024 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

DECEMBER 16, 2024 

Committee on Energy and Commerce discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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