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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 93 Enrolled Bill (ENR)]

        H.Con.Res.93
                                     Agreed to December 15, 2011        

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven

                          Concurrent Resolution

    Resolved by the House of Representatives (the Senate concurring), 
That, in the enrollment of the bill H.R. 2845, the Clerk of the House 
of Representatives shall make the following correction: Strike all 
after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
              DEFINITIONS; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Definitions.--
        (1) Applicability of chapter 601 definitions.--In this Act, any 
    term defined in chapter 601 of title 49, United States Code, has 
    the meaning given that term in that chapter.
        (2) High-consequence area.--In this Act, the term ``high-
    consequence area'' means an area described in section 60109(a) of 
    title 49, United States Code.
    (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
          definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan 
          compliance.
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by 
          pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.
Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government 
          personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged 
          businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

    (a) General Penalties; Penalty Considerations.--Section 60122 is 
amended--
        (1) in subsection (a)(1)--
            (A) in the first sentence by striking ``$100,000'' and 
        inserting ``$200,000''; and
            (B) in the last sentence by striking ``$1,000,000'' and 
        inserting ``$2,000,000''; and
        (2) in subsection (b)(1)(B) by striking ``the ability to 
    pay,''.
    (b) Operator Assistance in Investigations.--Section 60118(e) is 
amended to read as follows:
    ``(e) Operator Assistance in Investigations.--
        ``(1) Assistance and access.--If the Secretary or the National 
    Transportation Safety Board investigates an accident or incident 
    involving a pipeline facility, the operator of the facility shall--
            ``(A) make available to the Secretary or the Board all 
        records and information that in any way pertain to the accident 
        or incident, including integrity management plans and test 
        results; and
            ``(B) afford all reasonable assistance in the investigation 
        of the accident or incident.
        ``(2) Operator assistance in investigations.--
            ``(A) In general.--The Secretary may impose a civil penalty 
        under section 60122 on a person who obstructs or prevents the 
        Secretary from carrying out inspections or investigations under 
        this chapter.
            ``(B) Obstructs defined.--
                ``(i) In general.--In this paragraph, the term 
            `obstructs' includes actions that were known, or reasonably 
            should have been known, to prevent, hinder, or impede an 
            investigation without good cause.
                ``(ii) Good cause.--In clause (i), the term `good 
            cause' may include actions such as restricting access to 
            facilities that are not secure or safe for nonpipeline 
            personnel or visitors.''.
    (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) 
is amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
    (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
        (1) in the subsection heading by striking ``and Waiver Orders'' 
    and inserting ``, Orders, and Other Final Agency Actions''; and
        (2) by striking ``about an application for a waiver under 
    section 60118(c) or (d) of this title'' and inserting ``under this 
    chapter''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

    (a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
    ``(a) Minimum Standards.--
        ``(1) In general.--In order to qualify for a grant under 
    section 6106, a State one-call notification program, at a minimum, 
    shall provide for--
            ``(A) appropriate participation by all underground facility 
        operators, including all government operators;
            ``(B) appropriate participation by all excavators, 
        including all government and contract excavators; and
            ``(C) flexible and effective enforcement under State law 
        with respect to participation in, and use of, one-call 
        notification systems.
        ``(2) Exemptions prohibited.--In order to qualify for a grant 
    under section 6106, a State one-call notification program may not 
    exempt municipalities, State agencies, or their contractors from 
    the one-call notification system requirements of the program.''.
    (b) State Damage Prevention Programs.--Section 60134(a) is 
amended--
        (1) in paragraph (1) by striking ``and'' after the semicolon;
        (2) in paragraph (2)(B) by striking ``(b).'' and inserting 
    ``(b); and''; and
        (3) by adding at the end the following:
        ``(3) does not provide any exemptions to municipalities, State 
    agencies, or their contractors from the one-call notification 
    system requirements of the program.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.
    (d) Excavation Damage.--
        (1) Study.--The Secretary of Transportation shall conduct a 
    study on the impact of excavation damage on pipeline safety.
        (2) Contents.--The study shall include--
            (A) an analysis of the frequency and severity of different 
        types of excavation damage incidents;
            (B) an analysis of exemptions to the one-call notification 
        system requirements in each State;
            (C) a comparison of exemptions to the one-call notification 
        system requirements in each State to the types of excavation 
        damage incidents in that State; and
            (D) an analysis of the potential safety benefits and 
        adverse consequences of eliminating all exemptions for 
        mechanized excavation from State one-call notification systems.
        (3) Report.--Not later than 2 years after the date of enactment 
    of this Act, the Secretary shall submit to the Committee on 
    Transportation and Infrastructure and the Committee on Energy and 
    Commerce of the House of Representatives and the Committee on 
    Commerce, Science, and Transportation of the Senate a report on the 
    results of the study.

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended--
        (1) by striking subsection (j)(3); and
        (2) by adding at the end the following:
    ``(n) Automatic and Remote-Controlled Shut-off Valves for New 
Transmission Pipelines.--
        ``(1) In general.--Not later than 2 years after the date of 
    enactment of this subsection, and after considering the factors 
    specified in subsection (b)(2), the Secretary, if appropriate, 
    shall require by regulation the use of automatic or remote-
    controlled shut-off valves, or equivalent technology, where 
    economically, technically, and operationally feasible on 
    transmission pipeline facilities constructed or entirely replaced 
    after the date on which the Secretary issues the final rule 
    containing such requirement.
        ``(2) High-consequence area study.--
            ``(A) Study.--The Comptroller General of the United States 
        shall conduct a study on the ability of transmission pipeline 
        facility operators to respond to a hazardous liquid or gas 
        release from a pipeline segment located in a high-consequence 
        area.
            ``(B) Considerations.--In conducting the study, the 
        Comptroller General shall consider the swiftness of leak 
        detection and pipeline shutdown capabilities, the location of 
        the nearest response personnel, and the costs, risks, and 
        benefits of installing automatic and remote-controlled shut-off 
        valves.
            ``(C) Report.--Not later than 1 year after the date of 
        enactment of this subsection, the Comptroller General shall 
        submit to the Committee on Transportation and Infrastructure 
        and the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.''.

SEC. 5. INTEGRITY MANAGEMENT.

    (a) Evaluation.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall evaluate--
        (1) whether integrity management system requirements, or 
    elements thereof, should be expanded beyond high-consequence areas; 
    and
        (2) with respect to gas transmission pipeline facilities, 
    whether applying integrity management program requirements, or 
    elements thereof, to additional areas would mitigate the need for 
    class location requirements.
    (b) Factors.--In conducting the evaluation under subsection (a), 
the Secretary shall consider, at a minimum, the following:
        (1) The continuing priority to enhance protections for public 
    safety.
        (2) The continuing importance of reducing risk in high-
    consequence areas.
        (3) The incremental costs of applying integrity management 
    standards to pipelines outside of high-consequence areas where 
    operators are already conducting assessments beyond what is 
    required under chapter 601 of title 49, United States Code.
        (4) The need to undertake integrity management assessments and 
    repairs in a manner that is achievable and sustainable, and that 
    does not disrupt pipeline service.
        (5) The options for phasing in the extension of integrity 
    management requirements beyond high-consequence areas, including 
    the most effective and efficient options for decreasing risks to an 
    increasing number of people living or working in proximity to 
    pipeline facilities.
        (6) The appropriateness of applying repair criteria, such as 
    pressure reductions and special requirements for scheduling 
    remediation, to areas that are not high-consequence areas.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report, based on the evaluation 
conducted under subsection (a), containing the Secretary's analysis and 
findings regarding--
        (1) expansion of integrity management requirements, or elements 
    thereof, beyond high-consequence areas; and
        (2) with respect to gas transmission pipeline facilities, 
    whether applying the integrity management program requirements, or 
    elements thereof, to additional areas would mitigate the need for 
    class location requirements.
    (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a).
    (e) Technical Correction.--Section 60109(c)(3)(B) is amended to 
read as follows:
            ``(B) Subject to paragraph (5), periodic reassessments of 
        the facility, at a minimum of once every 7 calendar years, 
        using methods described in subparagraph (A). The Secretary may 
        extend such deadline for an additional 6 months if the operator 
        submits written notice to the Secretary with sufficient 
        justification of the need for the extension.''.
    (f) Rulemaking Requirements.--
        (1) Review period defined.--In this subsection, the term 
    ``review period'' means the period beginning on the date of 
    enactment of this Act and ending on the earlier of--
            (A) the date that is 1 year after the date of completion of 
        the report under subsection (c); or
            (B) the date that is 3 years after the date of enactment of 
        this Act.
        (2) Congressional authority.--In order to provide Congress the 
    necessary time to review the results of the report required by 
    subsection (c) and implement appropriate recommendations, the 
    Secretary shall not, during the review period, issue final 
    regulations described in paragraph (3)(B).
        (3) Standards.--
            (A) Findings.--As soon as practicable following the review 
        period, the Secretary shall issue final regulations described 
        in subparagraph (B), if the Secretary finds, in the report 
        required under subsection (c), that--
                (i) integrity management system requirements, or 
            elements thereof, should be expanded beyond high-
            consequence areas; and
                (ii) with respect to gas transmission pipeline 
            facilities, applying integrity management program 
            requirements, or elements thereof, to additional areas 
            would mitigate the need for class location requirements.
            (B) Regulations.--Regulations issued by the Secretary under 
        subparagraph (A), if any, shall--
                (i) expand integrity management system requirements, or 
            elements thereof, beyond high-consequence areas; and
                (ii) remove redundant class location requirements for 
            gas transmission pipeline facilities that are regulated 
            under an integrity management program adopted and 
            implemented under section 60109(c)(2) of title 49, United 
            States Code.
        (4) Savings clause.--
            (A) In general.--Notwithstanding any other provision of 
        this subsection, the Secretary, during the review period, may 
        issue final regulations described in paragraph (3)(B), if the 
        Secretary determines that a condition that poses a risk to 
        public safety, property, or the environment is present or an 
        imminent hazard exists and that the regulations will address 
        the risk or hazard.
            (B) Imminent hazard defined.--In subparagraph (A), the term 
        ``imminent hazard'' means the existence of a condition related 
        to pipelines or pipeline operations that presents a substantial 
        likelihood that death, serious illness, severe personal injury, 
        or substantial endangerment to health, property, or the 
        environment may occur.
    (g) Report to Congress on Risk-Based Pipeline Reassessment 
Intervals.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall evaluate--
        (1) whether risk-based reassessment intervals are a more 
    effective alternative for managing risks to pipelines in high-
    consequence areas once baseline assessments are complete when 
    compared to the reassessment interval specified in section 
    60109(c)(3)(B) of title 49, United States Code;
        (2) the number of anomalies found in baseline assessments 
    required under section 60109(c)(3)(A) of title 49, United States 
    Code, as compared to the number of anomalies found in reassessments 
    required under section 60109(c)(3)(B) of such title; and
        (3) the progress made in implementing the recommendations in 
    GAO Report 06-945 and the current relevance of those 
    recommendations that have not been implemented.

SEC. 6. PUBLIC EDUCATION AND AWARENESS.

    (a) National Pipeline Mapping System.--Section 60132 is amended by 
adding at the end the following:
    ``(d) Map of High-consequence Areas.--The Secretary shall--
        ``(1) maintain, as part of the National Pipeline Mapping 
    System, a map of designated high-consequence areas (as described in 
    section 60109(a)) in which pipelines are required to meet integrity 
    management program regulations, excluding any proprietary or 
    sensitive security information; and
        ``(2) update the map biennially.
    ``(e) Program To Promote Awareness of National Pipeline Mapping 
System.--Not later than 1 year after the date of enactment of this 
subsection, the Secretary shall develop and implement a program 
promoting greater awareness of the existence of the National Pipeline 
Mapping System to State and local emergency responders and other 
interested parties. The program shall include guidance on how to use 
the National Pipeline Mapping System to locate pipelines in communities 
and local jurisdictions.''.
    (b) Information to Emergency Response Agencies.--
        (1) Guidance.--Not later than 18 months after the date of 
    enactment of this Act, the Secretary shall issue guidance to owners 
    and operators of pipeline facilities on the importance of providing 
    system-specific information about their pipeline facilities to 
    emergency response agencies of the communities and jurisdictions in 
    which those facilities are located.
        (2) Consultation.--Before issuing guidance under paragraph (1), 
    the Secretary shall consult with owners and operators of pipeline 
    facilities to determine the extent to which the owners and 
    operators are already providing system-specific information about 
    their pipeline facilities to emergency response agencies.
    (c) Response Plans.--
        (1) In general.--Chapter 601 is amended by adding at the end 
    the following:

``Sec. 60138. Response plans

    ``(a) In General.--The Secretary of Transportation shall--
        ``(1) maintain on file a copy of the most recent response plan 
    (as defined in part 194 of title 49, Code of Federal Regulations) 
    prepared by an owner or operator of a pipeline facility; and
        ``(2) provide upon written request to a person a copy of the 
    plan, which may exclude, as the Secretary determines appropriate--
            ``(A) proprietary information;
            ``(B) security-sensitive information, including information 
        described in section 1520.5(a) of title 49, Code of Federal 
        Regulations;
            ``(C) specific response resources and tactical resource 
        deployment plans; and
            ``(D) the specific amount and location of worst case 
        discharges (as defined in part 194 of title 49, Code of Federal 
        Regulations), including the process by which an owner or 
        operator determines the worst case discharge.
    ``(b) Relationship to FOIA.--Nothing in this section may be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
        (2) Clerical amendment.--The analysis for chapter 601 is 
    amended by inserting after the item relating to section 60137 the 
    following:

``60138. Response plans.''.

SEC. 7. CAST IRON GAS PIPELINES.

    (a) Follow-Up Surveys.--Section 60108(d) is amended by adding at 
the end the following:
    ``(4) Not later than December 31, 2012, and every 2 years 
thereafter, the Secretary shall conduct a follow-up survey to measure 
the progress that owners and operators of pipeline facilities have made 
in adopting and implementing their plans for the safe management and 
replacement of cast iron gas pipelines.''.
    (b) Status Report.--Not later than December 31, 2013, the Secretary 
of Transportation shall transmit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that--
        (1) identifies the total mileage of cast iron gas pipelines in 
    the United States; and
        (2) evaluates the progress that owners and operators of 
    pipeline facilities have made in implementing their plans for the 
    safe management and replacement of cast iron gas pipelines.

SEC. 8. LEAK DETECTION.

    (a) Leak Detection Report.--
        (1) In general.--Not later than 1 year after the date of 
    enactment of this Act, the Secretary of Transportation shall submit 
    to the Committee on Commerce, Science, and Transportation of the 
    Senate and the Committee on Transportation and Infrastructure and 
    the Committee on Energy and Commerce of the House of 
    Representatives a report on leak detection systems utilized by 
    operators of hazardous liquid pipeline facilities and 
    transportation-related flow lines.
        (2) Contents.--The report shall include--
            (A) an analysis of the technical limitations of current 
        leak detection systems, including the ability of the systems to 
        detect ruptures and small leaks that are ongoing or 
        intermittent, and what can be done to foster development of 
        better technologies; and
            (B) an analysis of the practicability of establishing 
        technically, operationally, and economically feasible standards 
        for the capability of such systems to detect leaks, and the 
        safety benefits and adverse consequences of requiring operators 
        to use leak detection systems.
    (b) Rulemaking Requirements.--
        (1) Review period defined.--In this subsection, the term 
    ``review period'' means the period beginning on the date of 
    enactment of this Act and ending on the earlier of--
            (A) the date that is 1 year after the date of completion of 
        the report under subsection (a); or
            (B) the date that is 2 years after the date of enactment of 
        this Act.
        (2) Congressional authority.--In order to provide Congress the 
    necessary time to review the results of the report required by 
    subsection (a) and implement appropriate recommendations, the 
    Secretary, during the review period, shall not issue final 
    regulations described in paragraph (3).
        (3) Standards.--As soon as practicable following the review 
    period, if the report required by subsection (a) finds that it is 
    practicable to establish technically, operationally, and 
    economically feasible standards for the capability of leak 
    detection systems to detect leaks, the Secretary shall issue final 
    regulations that--
            (A) require operators of hazardous liquid pipeline 
        facilities to use leak detection systems where practicable; and
            (B) establish technically, operationally, and economically 
        feasible standards for the capability of such systems to detect 
        leaks.
        (4) Savings clause.--
            (A) In general.--Notwithstanding any other provision of 
        this subsection, the Secretary, during the review period, may 
        issue final regulations described in paragraph (3) if the 
        Secretary determines that a condition that poses a risk to 
        public safety, property, or the environment is present or an 
        imminent hazard exists and that the regulations will address 
        the risk or hazard.
            (B) Imminent hazard defined.--In subparagraph (A), the term 
        ``imminent hazard'' means the existence of a condition related 
        to pipelines or pipeline operations that presents a substantial 
        likelihood that death, serious illness, severe personal injury, 
        or substantial endangerment to health, property, or the 
        environment may occur.

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.

    (a) Revision of Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
revise regulations issued under sections 191.5 and 195.52 of title 49, 
Code of Federal Regulations, to establish specific time limits for 
telephonic or electronic notice of accidents and incidents involving 
pipeline facilities to the Secretary and the National Response Center.
    (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
        (1) establish time limits for telephonic or electronic 
    notification of an accident or incident to require such 
    notification at the earliest practicable moment following confirmed 
    discovery of an accident or incident and not later than 1 hour 
    following the time of such confirmed discovery;
        (2) review procedures for owners and operators of pipeline 
    facilities and the National Response Center to provide thorough and 
    coordinated notification to all relevant State and local emergency 
    response officials, including 911 emergency call centers, for the 
    jurisdictions in which those pipeline facilities are located in the 
    event of an accident or incident, and revise such procedures as 
    appropriate; and
        (3) require such owners and operators to revise their initial 
    telephonic or electronic notice to the Secretary and the National 
    Response Center with an estimate of the amount of the product 
    released, an estimate of the number of fatalities and injuries, if 
    any, and any other information determined appropriate by the 
    Secretary within 48 hours of the accident or incident, to the 
    extent practicable.
    (c) Updating of Reports.--After receiving revisions described in 
subsection (b)(3), the National Response Center shall update the 
initial report on an accident or incident instead of generating a new 
report.

SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
              COMPLIANCE.

    (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.
    (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by 
striking ``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.

    (a) In General.--Section 60132(a) is amended by adding at the end 
the following:
        ``(4) Any other geospatial or technical data, including design 
    and material specifications, that the Secretary determines are 
    necessary to carry out the purposes of this section. The Secretary 
    shall give reasonable notice to operators that the data are being 
    requested.''.
    (b) Disclosure Limited to FOIA Requirements.--Section 60132, as 
amended by this Act, is further amended by adding at the end the 
following:
    ``(f) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.

SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(o) Transportation-Related Oil Flow Lines.--
        ``(1) Data collection.--The Secretary may collect geospatial or 
    technical data on transportation-related oil flow lines, including 
    unregulated transportation-related oil flow lines.
        ``(2) Transportation-related oil flow line defined.--In this 
    subsection, the term `transportation-related oil flow line' means a 
    pipeline transporting oil off of the grounds of the well where it 
    originated and across areas not owned by the producer, regardless 
    of the extent to which the oil has been processed, if at all.
        ``(3) Limitation.--Nothing in this subsection authorizes the 
    Secretary to prescribe standards for the movement of oil through 
    production, refining, or manufacturing facilities or through oil 
    production flow lines located on the grounds of wells.''.

SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.

    (a) In General.--Section 60117(n) is amended to read as follows:
    ``(n) Cost Recovery for Design Reviews.--
        ``(1) In general.--
            ``(A) Review costs.--For any project described in 
        subparagraph (B), if the Secretary conducts facility design 
        safety reviews in connection with a proposal to construct, 
        expand, or operate a gas or hazardous liquid pipeline facility 
        or liquefied natural gas pipeline facility, including 
        construction inspections and oversight, the Secretary may 
        require the person proposing the project to pay the costs 
        incurred by the Secretary relating to such reviews. If the 
        Secretary exercises the cost recovery authority described in 
        this paragraph, the Secretary shall prescribe a fee structure 
        and assessment methodology that is based on the costs of 
        providing these reviews and shall prescribe procedures to 
        collect fees under this paragraph. The Secretary may not 
        collect design safety review fees under this paragraph and 
        section 60301 for the same design safety review.
            ``(B) Projects to which applicable.--Subparagraph (A) 
        applies to any project that--
                ``(i) has design and construction costs totaling at 
            least $2,500,000,000, as periodically adjusted by the 
            Secretary to take into account increases in the Consumer 
            Price Index for all-urban consumers published by the 
            Department of Labor, based on--

                    ``(I) the cost estimate provided to the Federal 
                Energy Regulatory Commission in an application for a 
                certificate of public convenience and necessity for a 
                gas pipeline facility or an application for 
                authorization for a liquefied natural gas pipeline 
                facility; or
                    ``(II) a good faith estimate developed by the 
                person proposing a hazardous liquid pipeline facility 
                and submitted to the Secretary; or

                ``(ii) uses new or novel technologies or design, as 
            determined by the Secretary.
        ``(2) Notification.--For any new pipeline facility construction 
    project in which the Secretary will conduct design reviews, the 
    person proposing the project shall notify the Secretary and provide 
    the design specifications, construction plans and procedures, and 
    related materials at least 120 days prior to the commencement of 
    construction. To the maximum extent practicable, not later than 90 
    days after receiving such design specifications, construction plans 
    and procedures, and related materials, the Secretary shall provide 
    written comments, feedback, and guidance on the project.
        ``(3) Pipeline safety design review fund.--
            ``(A) Establishment.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United States.
            ``(B) Deposits.--The Secretary shall deposit funds paid 
        under this subsection into the Fund.
            ``(C) Use.--Amounts in the Fund shall be available to the 
        Secretary, in amounts specified in appropriations Acts, to 
        offset the costs of conducting facility design safety reviews 
        under this subsection.
        ``(4) No additional permitting authority.--Nothing in this 
    subsection may be construed as authorizing the Secretary to require 
    a person to obtain a permit before beginning design and 
    construction in connection with a project described in paragraph 
    (1)(B).''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the meaning of the term ``new or novel technologies or design'' 
as used in section 60117(n)(1)(B)(ii) of title 49, United States Code, 
as amended by subsection (a) of this section.

SEC. 14. BIOFUEL PIPELINES.

    Section 60101(a)(4) is amended--
        (1) in subparagraph (A) by striking ``and'' after the 
    semicolon;
        (2) by redesignating subparagraph (B) as subparagraph (C); and
        (3) by inserting after subparagraph (A) the following:
            ``(B) nonpetroleum fuel, including biofuel, that is 
        flammable, toxic, or corrosive or would be harmful to the 
        environment if released in significant quantities; and''.

SEC. 15. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended--
        (1) by striking ``The Secretary shall regulate'' and inserting 
    the following:
        ``(1) Transportation in liquid state.--The Secretary shall 
    regulate''.
        (2) by adding at the end the following new paragraph:
        ``(2)  Transportation in gaseous state.--
            ``(A) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for the transportation of 
        carbon dioxide by pipeline in a gaseous state.
            ``(B) Considerations.--In establishing the standards, the 
        Secretary shall consider whether applying the minimum safety 
        standards in part 195 of title 49, Code of Federal Regulations, 
        as in effect on the date of enactment of this paragraph, for 
        the transportation of carbon dioxide in a liquid state to the 
        transportation of carbon dioxide in a gaseous state would 
        ensure safety.
        ``(3) Limitation on statutory construction.--Nothing in this 
    subsection authorizes the Secretary to regulate piping or equipment 
    used in the production, extraction, recovery, lifting, 
    stabilization, separation, or treatment of carbon dioxide or the 
    preparation of carbon dioxide for transportation by pipeline at 
    production, refining, or manufacturing facilities.''.

SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Transportation shall complete a comprehensive review 
of hazardous liquid pipeline facility regulations to determine whether 
the regulations are sufficient to regulate pipeline facilities used for 
the transportation of diluted bitumen. In conducting the review, the 
Secretary shall conduct an analysis of whether any increase in the risk 
of a release exists for pipeline facilities transporting diluted 
bitumen. The Secretary shall report the results of the review to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure and the Committee on 
Energy and Commerce of the House of Representatives.

SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
              PIPELINE.

    The Secretary of Transportation may conduct an analysis of the 
transportation of nonpetroleum hazardous liquids by pipeline facility 
for the purpose of identifying the extent to which pipeline facilities 
are currently being used to transport nonpetroleum hazardous liquids, 
such as chlorine, from chemical production facilities across land areas 
not owned by the producer that are accessible to the public. The 
analysis should identify the extent to which the safety of the pipeline 
facilities is unregulated by the States and evaluate whether the 
transportation of such chemicals by pipeline facility across areas 
accessible to the public would present significant risks to public 
safety, property, or the environment in the absence of regulation. The 
results of the analysis shall be made available to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives.

SEC. 18. CLARIFICATIONS.

    (a) Inspection and Maintenance.--Section 60108(a)(1) is amended by 
striking ``an intrastate'' and inserting ``a''.
    (b) Owner and Operator.--Section 60102(a)(2)(A) is amended by 
striking ``owners and operators'' and inserting ``any or all of the 
owners or operators''.

SEC. 19. MAINTENANCE OF EFFORT.

    Section 60107(b) is amended by adding at the end the following: 
``For each of fiscal years 2012 and 2013, the Secretary shall grant 
such a waiver to a State if the State can demonstrate an inability to 
maintain or increase the required funding share of its safety program 
at or above the level required by this subsection due to economic 
hardship in that State. For fiscal year 2014, and each fiscal year 
thereafter, the Secretary may grant such a waiver to a State if the 
State can make the demonstration described in the preceding 
sentence.''.

SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) Issuance of Regulations.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary of Transportation shall issue 
    regulations--
            (A) requiring hearings under sections 60112, 60117, 60118, 
        and 60122 of title 49, United States Code, to be convened 
        before a presiding official;
            (B) providing the opportunity for any person requesting a 
        hearing under section 60112, 60117, 60118, or 60122 of such 
        title to arrange for a transcript of the hearing, at the 
        expense of the requesting person;
            (C) ensuring expedited review of any order issued pursuant 
        to section 60112(e) of such title;
            (D) implementing a separation of functions between 
        personnel involved with the investigation and prosecution of an 
        enforcement case and advising the Secretary on findings and 
        determinations; and
            (E) prohibiting ex-parte communication relevant to the 
        question to be decided in such a case by parties to an 
        investigation or hearing.
        (2) Presiding official.--The regulations issued under this 
    subsection shall--
            (A) define the term ``presiding official'' to mean the 
        person who conducts any hearing relating to civil penalty 
        assessments, compliance orders, safety orders, or corrective 
        action orders; and
            (B) require that the presiding official be an attorney on 
        the staff of the Deputy Chief Counsel of the Pipeline and 
        Hazardous Materials Safety Administration that is not engaged 
        in investigative or prosecutorial functions, including the 
        preparation of notices of probable violations, notices relating 
        to civil penalty assessments, notices relating to compliance, 
        or notices of proposed corrective actions.
        (3) Expedited review.--The regulations issued under this 
    subsection shall define the term ``expedited review'' for the 
    purposes of paragraph (1)(C).
    (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
    ``(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.

    (a) Review.--The Secretary of Transportation shall conduct a review 
of existing Federal and State regulations for gas and hazardous liquid 
gathering lines located onshore and offshore in the United States, 
including within the inlets of the Gulf of Mexico.
    (b) Report to Congress.--
        (1) In general.--Not later than 2 years after the date of 
    enactment of this Act, the Secretary shall submit to the Committee 
    on Transportation and Infrastructure and the Committee on Energy 
    and Commerce of the House of Representatives and the Committee on 
    Commerce, Science, and Transportation of the Senate a report on the 
    results of the review.
        (2) Recommendations.--The report shall include the Secretary's 
    recommendations with respect to--
            (A) the sufficiency of existing Federal and State laws and 
        regulations to ensure the safety of gas and hazardous liquid 
        gathering lines;
            (B) the economic impacts, technical practicability, and 
        challenges of applying existing Federal regulations to 
        gathering lines that are not currently subject to Federal 
        regulation when compared to the public safety benefits; and
            (C) subject to a risk-based assessment, the need to modify 
        or revoke existing exemptions from Federal regulation for gas 
        and hazardous liquid gathering lines.
    (c) Offshore Gathering Lines.--Section 60108(c) is amended by 
adding at the end the following:
    ``(8) If, after reviewing existing Federal and State regulations 
for hazardous liquid gathering lines located offshore in the United 
States, including within the inlets of the Gulf of Mexico, the 
Secretary determines it is appropriate, the Secretary shall issue 
regulations, after notice and an opportunity for a hearing, subjecting 
offshore hazardous liquid gathering lines and hazardous liquid 
gathering lines located within the inlets of the Gulf of Mexico to the 
same standards and regulations as other hazardous liquid gathering 
lines. The regulations issued under this paragraph shall not apply to 
production pipelines or flow lines.''.

SEC. 22. EXCESS FLOW VALVES.

    Section 60109(e)(3) is amended--
        (1) by redesignating subparagraph (B) as subparagraph (C); and
        (2) by inserting after subparagraph (A) the following:
            ``(B) Distribution branch services, multifamily facilities, 
        and small commercial facilities.--Not later than 2 years after 
        the date of enactment of the Pipeline Safety, Regulatory 
        Certainty, and Job Creation Act of 2011, and after issuing a 
        final report on the evaluation of the National Transportation 
        Safety Board's recommendation on excess flow valves in 
        applications other than service lines serving one single family 
        residence, the Secretary, if appropriate, shall by regulation 
        require the use of excess flow valves, or equivalent 
        technology, where economically, technically, and operationally 
        feasible on new or entirely replaced distribution branch 
        services, multifamily facilities, and small commercial 
        facilities.''.

SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:

``Sec. 60139. Maximum allowable operating pressure

    ``(a) Verification of Records.--
        ``(1) In general.--The Secretary of Transportation shall 
    require each owner or operator of a pipeline facility to conduct, 
    not later than 6 months after the date of enactment of this 
    section, a verification of the records of the owner or operator 
    relating to the interstate and intrastate gas transmission 
    pipelines of the owner or operator in class 3 and class 4 locations 
    and class 1 and class 2 high-consequence areas.
        ``(2) Purpose.--The purpose of the verification shall be to 
    ensure that the records accurately reflect the physical and 
    operational characteristics of the pipelines described in paragraph 
    (1) and confirm the established maximum allowable operating 
    pressure of the pipelines.
        ``(3) Elements.--The verification process under this subsection 
    shall include such elements as the Secretary considers appropriate.
    ``(b) Reporting.--
        ``(1) Documentation of certain pipelines.--Not later than 18 
    months after the date of enactment of this section, each owner or 
    operator of a pipeline facility shall identify and submit to the 
    Secretary documentation relating to each pipeline segment of the 
    owner or operator described in subsection (a)(1) for which the 
    records of the owner or operator are insufficient to confirm the 
    established maximum allowable operating pressure of the segment.
        ``(2) Exceedances of maximum allowable operating pressure.--If 
    there is an exceedance of the maximum allowable operating pressure 
    with respect to a gas transmission pipeline of an owner or operator 
    of a pipeline facility that exceeds the build-up allowed for 
    operation of pressure-limiting or control devices, the owner or 
    operator shall report the exceedance to the Secretary and 
    appropriate State authorities on or before the 5th day following 
    the date on which the exceedance occurs.
    ``(c) Determination of Maximum Allowable Operating Pressure.--
        ``(1) In general.--In the case of a transmission line of an 
    owner or operator of a pipeline facility identified under 
    subsection (b)(1), the Secretary shall--
            ``(A) require the owner or operator to reconfirm a maximum 
        allowable operating pressure as expeditiously as economically 
        feasible; and
            ``(B) determine what actions are appropriate for the 
        pipeline owner or operator to take to maintain safety until a 
        maximum allowable operating pressure is confirmed.
        ``(2) Interim actions.--In determining the actions for an owner 
    or operator of a pipeline facility to take under paragraph (1)(B), 
    the Secretary shall take into account potential consequences to 
    public safety and the environment, potential impacts on pipeline 
    system reliability and deliverability, and other factors, as 
    appropriate.
    ``(d) Testing Regulations.--
        ``(1) In general.--Not later than 18 months after the date of 
    enactment of this section, the Secretary shall issue regulations 
    for conducting tests to confirm the material strength of previously 
    untested natural gas transmission pipelines located in high-
    consequence areas and operating at a pressure greater than 30 
    percent of specified minimum yield strength.
        ``(2) Considerations.--In developing the regulations, the 
    Secretary shall consider safety testing methodologies, including, 
    at a minimum--
            ``(A) pressure testing; and
            ``(B) other alternative methods, including in-line 
        inspections, determined by the Secretary to be of equal or 
        greater effectiveness.
        ``(3) Completion of testing.--The Secretary, in consultation 
    with the Chairman of the Federal Energy Regulatory Commission and 
    State regulators, as appropriate, shall establish timeframes for 
    the completion of such testing that take into account potential 
    consequences to public safety and the environment and that minimize 
    costs and service disruptions.
    ``(e) High-consequence Area Defined.--In this section, the term 
`high-consequence area' means an area described in section 60109(a).''.
    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60138 the following:

``60139. Maximum allowable operating pressure.''.

SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 year after the date of enactment of this subsection, the 
Secretary may not issue guidance or a regulation pursuant to this 
chapter that incorporates by reference any documents or portions 
thereof unless the documents or portions thereof are made available to 
the public, free of charge, on an Internet Web site.''.

SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT 
              PERSONNEL.

    (a) In General.--To further the objectives of chapter 601 of title 
49, United States Code, the Secretary of Transportation may provide the 
services of personnel from the Pipeline and Hazardous Materials Safety 
Administration to provide training for State and local government 
personnel at a pipeline safety training facility that is established 
and operated by an agency or instrumentality of the United States, a 
unit of State or local government, or an educational institution.
    (b) Reimbursements for Training Expenditures.--
        (1) In general.--Notwithstanding any other provision of law, 
    the Secretary may require reimbursement from sources other than the 
    Federal Government for all expenses incurred by the Secretary in 
    providing training for State and local government personnel under 
    subsection (a), including salaries, expenses, transportation for 
    Pipeline and Hazardous Materials Safety Administration personnel, 
    and the cost of training materials.
        (2) Authorization of appropriations.--Amounts collected as 
    reimbursement under paragraph (1) are authorized to be appropriated 
    for the purposes set forth in chapter 601 of title 49, United 
    States Code.

SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED 
              BUSINESSES.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, based upon available 
information, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives a comprehensive report assessing the levels and types 
of participation and methods of facilitating the participation of 
minority-owned business enterprises, woman-owned business enterprises, 
and disadvantaged business enterprises in the construction and 
operation of pipeline facilities in the United States.

SEC. 27. REPORT ON PIPELINE PROJECTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a comprehensive study regarding the process for obtaining 
Federal and State permits for projects to construct pipeline 
facilities.
    (b) Evaluation.--In conducting the study, the Comptroller General 
shall evaluate how long it takes to issue permits for pipeline 
construction projects, the relationship between the States and the 
Federal Government in issuing such permits, and any recommendations 
from the States for improving the permitting process.
    (c) Consultation.--In conducting the study, the Comptroller General 
shall consult with the Committee on Transportation and Infrastructure 
and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the results of 
the study.

SEC. 28. COVER OVER BURIED PIPELINES.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:

``Sec. 60140. Cover over buried pipelines

    ``(a) Hazardous Liquid Pipeline Incidents Involving Buried 
Pipelines.--
        ``(1) Study.--The Secretary of Transportation shall conduct a 
    study of hazardous liquid pipeline incidents at crossings of inland 
    bodies of water with a width of at least 100 feet from high water 
    mark to high water mark to determine if the depth of cover over the 
    buried pipeline was a factor in any accidental release of hazardous 
    liquids.
        ``(2) Report.--Not later than 1 year after the date of 
    enactment of this section, the Secretary shall transmit to the 
    Committee on Transportation and Infrastructure and the Committee on 
    Energy and Commerce of the House of Representatives and the 
    Committee on Commerce, Science, and Transportation of the Senate a 
    report on the results of the study.
    ``(b) Assessment of Current Requirements for Depth of Cover Over 
Buried Pipelines.--
        ``(1) In general.--If, following completion of the study under 
    subsection (a), the Secretary finds that the depth of cover over 
    buried pipelines is a contributing factor in the accidental release 
    of hazardous liquids from the pipelines, the Secretary, not later 
    than 1 year after the date of completion of the study, shall review 
    and determine the sufficiency of current requirements for the depth 
    of cover over buried pipelines.
        ``(2) Legislative recommendations.--
            ``(A) Development.--If the Secretary determines under 
        paragraph (1) that the current requirements for the depth of 
        cover over buried pipelines are insufficient, the Secretary 
        shall develop legislative recommendations for improving the 
        safety of buried pipelines at crossings of inland bodies of 
        water with a width of at least 100 feet from high water mark to 
        high water mark.
            ``(B) Consideration of factors.--In developing legislative 
        recommendations under subparagraph (A), the Secretary shall 
        consider the factors specified in section 60102(b)(2).
            ``(C) Report to congress.--If the Secretary develops 
        legislative recommendations under subparagraph (A), the 
        Secretary shall submit to the committees referred to in 
        subsection (a)(2) a report containing the legislative 
        recommendations.''.
    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60139 the following:

``60140. Cover over buried pipelines.''.

SEC. 29. SEISMICITY.

    In identifying and evaluating all potential threats to each 
pipeline segment pursuant to parts 192 and 195 of title 49, Code of 
Federal Regulations, an operator of a pipeline facility shall consider 
the seismicity of the area.

SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall develop and implement a protocol for 
consulting with Indian tribes to provide technical assistance for the 
regulation of pipelines that are under the jurisdiction of Indian 
tribes.

SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.

    (a) Inspection and Enforcement Needs.--Not later than 12 months 
after the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that provides information on--
        (1) the total number of full-time equivalent positions for 
    pipeline inspection and enforcement personnel at the Pipeline and 
    Hazardous Materials Safety Administration;
        (2) out of the total number of such positions, how many of the 
    positions are not filled and the reasons why the positions are not 
    filled;
        (3) the actions the Administrator of the Pipeline and Hazardous 
    Materials Safety Administration is taking to fill the positions; 
    and
        (4) any additional inspection and enforcement resource needs of 
    the Pipeline and Hazardous Materials Safety Administration.
    (b) Staffing.--Subject to the availability of funds, the Secretary 
may increase the number of positions for pipeline inspection and 
enforcement personnel at the Pipeline and Hazardous Materials Safety 
Administration by 10 full-time equivalent employees, if--
        (1) on or before September 30, 2014, the Secretary fills the 
    135 full-time equivalent positions for pipeline inspection and 
    enforcement personnel specified in section 18(e) of the Pipeline 
    Inspection, Protection, Enforcement, and Safety Act of 2006 (120 
    Stat. 3498); and
        (2) in preparing the report under subsection (a), the Secretary 
    finds that additional pipeline inspection and enforcement personnel 
    are necessary.

SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--
        ``(1) In general.--To carry out the provisions of this chapter 
    related to gas and hazardous liquid and section 12 of the Pipeline 
    Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 
    107-355), there is authorized to be appropriated to the Department 
    of Transportation for each of fiscal years 2012 through 2015, from 
    fees collected under section 60301, $90,679,000, of which 
    $4,746,000 is for carrying out such section 12 and $36,194,000 is 
    for making grants.
        ``(2) Trust fund amounts.--In addition to the amounts 
    authorized to be appropriated by paragraph (1), there is authorized 
    to be appropriated for each of fiscal years 2012 through 2015 from 
    the Oil Spill Liability Trust Fund to carry out the provisions of 
    this chapter related to hazardous liquid and section 12 of the 
    Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; 
    Public Law 107-355), $18,573,000, of which $2,174,000 is for 
    carrying out such section 12 and $4,558,000 is for making 
    grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
    (c) One-Call Notification Programs.--Section 6107 is amended--
        (1) in subsection (a) by striking ``2007 through 2010.'' and 
    inserting ``2012 through 2015.'';
        (2) in subsection (b) by striking ``2007 through 2010.'' and 
    inserting ``2012 through 2015.''; and
        (3) by striking subsection (c).
    (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
        (1) in subsection (a)(1) by striking ``$50,000'' and inserting 
    ``$100,000'';
        (2) in subsection (b)--
            (A) by inserting ``to grant recipients and their 
        contractors'' after ``this section''; and
            (B) by inserting ``, for direct advocacy for or against a 
        pipeline construction or expansion project,'' after ``for 
        lobbying''; and
        (3) in subsection (d) by striking ``$1,000,000 for each of the 
    fiscal years 2003 through 2010'' and inserting ``$1,500,000 for 
    each of fiscal years 2012 through 2015''.
    (f) Pipeline Transportation Research and Development.--Section 12 
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) 
is amended--
        (1) in subsection (d) by adding at the end the following:
        ``(3) Ongoing pipeline transportation research and 
    development.--
            ``(A) In general.--After the initial 5-year program plan 
        has been carried out by the participating agencies, the 
        Secretary of Transportation, in coordination with the Director 
        of the National Institute of Standards and Technology, as 
        appropriate, shall prepare a research and development program 
        plan every 5 years thereafter and shall transmit a report to 
        Congress on the status and results-to-date of implementation of 
        the program every 2 years. The biennial report shall include a 
        summary of updated research needs and priorities identified 
        through the consultation requirements of paragraph (2).
            ``(B) Consultation.--The Secretary shall comply with the 
        consultation requirements of paragraph (2) when preparing the 
        program plan and in the selection and prioritization of 
        research and development projects.
            ``(C) Funding from non-federal sources.--The Secretary 
        shall ensure at least 30 percent of the costs of program-wide 
        research and development activities are carried out using non-
        Federal sources.''.
        (2) in subsection (f) by striking ``2003 through 2006.'' and 
    inserting ``2012 through 2015.''.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.
```