III 

112TH CONGRESS 

1ST SESSION H. CON. RES. 93 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2011 

Received 

CONCURRENT RESOLUTION 

Providing for a correction to the enrollment of the bill H.R. 

2845. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That, in the enrollment of the bill H.R. 2845, 

3 the Clerk of the House of Representatives shall make the 

4 following correction: Strike all after the enacting clause 

5 and insert the following: 

6 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 

7 UNITED STATES CODE; DEFINITIONS; TABLE 

8 OF CONTENTS. 


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1 (a) SHORT TITLE.—This Act may be cited as the 

2 ‘‘Pipeline Safety, Regulatory Certainty, and Job Creation 

3 Act of 2011’’. 

4 (b) AMENDMENT OF TITLE 49, UNITED STATES

5 CODE.—Except as otherwise expressly provided, whenever 

6 in this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or a repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of title 49, United States 

10 Code. 

11 (c) DEFINITIONS.— 

12 (1) APPLICABILITY OF CHAPTER 601 DEFINI13 TIONS.—In this Act, any term defined in chapter 

14 601 of title 49, United States Code, has the mean15 ing given that term in that chapter. 

16 (2) HIGH-CONSEQUENCE AREA.—In this Act, 

17 the term ‘‘high-consequence area’’ means an area 

18 described in section 60109(a) of title 49, United 

19 States Code. 

20 (d) TABLE OF CONTENTS.—The table of contents for 

21 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. 


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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. 

1 SEC. 2. CIVIL PENALTIES. 

2 (a) GENERAL PENALTIES; PENALTY CONSIDER3 ATIONS.—Section 60122 is amended— 

4 (1) in subsection (a)(1)— 

5 (A) in the first sentence by striking 

6 ‘‘$100,000’’ and inserting ‘‘$200,000’’; and 

7 (B) in the last sentence by striking 

8 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and 

9 (2) in subsection (b)(1)(B) by striking ‘‘the 

10 ability to pay,’’. 

11 (b) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 

12 Section 60118(e) is amended to read as follows: 

13 ‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 


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1 ‘‘(1) ASSISTANCE AND ACCESS.—If the Sec2 retary or the National Transportation Safety Board 

3 investigates an accident or incident involving a pipe4 line facility, the operator of the facility shall— 

5 ‘‘(A) make available to the Secretary or 

6 the Board all records and information that in 

7 any way pertain to the accident or incident, in8 cluding integrity management plans and test re9 sults; and 

10 ‘‘(B) afford all reasonable assistance in the 

11 investigation of the accident or incident. 

12 ‘‘(2) OPERATOR ASSISTANCE IN INVESTIGA13 TIONS.— 

14 ‘‘(A) IN GENERAL.—The Secretary may 

15 impose a civil penalty under section 60122 on 

16 a person who obstructs or prevents the Sec17 retary from carrying out inspections or inves18 tigations under this chapter. 

19 ‘‘(B) OBSTRUCTS DEFINED.— 

20 ‘‘(i) IN GENERAL.—In this paragraph, 

21 the term ‘obstructs’ includes actions that 

22 were known, or reasonably should have 

23 been known, to prevent, hinder, or impede 

24 an investigation without good cause. 


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1 ‘‘(ii) GOOD CAUSE.—In clause (i), the 

2 term ‘good cause’ may include actions such 

3 as restricting access to facilities that are 

4 not secure or safe for nonpipeline per5 sonnel or visitors.’’. 

6 (c) ADMINISTRATIVE PENALTY CAPS INAPPLI7 CABLE.—Section 60120(a)(1) is amended by adding at the 

8 end the following: ‘‘The maximum amount of civil pen9 alties for administrative enforcement actions under section 

10 60122 shall not apply to enforcement actions under this 

11 section.’’. 

12 (d) JUDICIAL REVIEW OF ADMINISTRATIVE EN13 FORCEMENT ORDERS.—Section 60119(a) is amended— 

14 (1) in the subsection heading by striking ‘‘AND

15 WAIVER ORDERS’’ and inserting ‘‘, ORDERS, AND

16 OTHER FINAL AGENCY ACTIONS’’; and 

17 (2) by striking ‘‘about an application for a 

18 waiver under section 60118(c) or (d) of this title’’ 

19 and inserting ‘‘under this chapter’’. 

20 SEC. 3. PIPELINE DAMAGE PREVENTION. 

21 (a) MINIMUM STANDARDS FOR STATE ONE-CALL

22 NOTIFICATION PROGRAMS.—Section 6103(a) is amended 

23 to read as follows: 

24 ‘‘(a) MINIMUM STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—In order to qualify for a 

2 grant under section 6106, a State one-call notifica3 tion program, at a minimum, shall provide for— 

4 ‘‘(A) appropriate participation by all un5 derground facility operators, including all gov6 ernment operators; 

7 ‘‘(B) appropriate participation by all exca8 vators, including all government and contract 

9 excavators; and 

10 ‘‘(C) flexible and effective enforcement 

11 under State law with respect to participation in, 

12 and use of, one-call notification systems. 

13 ‘‘(2) EXEMPTIONS PROHIBITED.—In order to 

14 qualify for a grant under section 6106, a State one15 call notification program may not exempt munici16 palities, State agencies, or their contractors from the 

17 one-call notification system requirements of the pro18 gram.’’. 

19 (b) STATE DAMAGE PREVENTION PROGRAMS.—Sec20 tion 60134(a) is amended— 

21 (1) in paragraph (1) by striking ‘‘and’’ after 

22 the semicolon; 

23 (2) in paragraph (2)(B) by striking ‘‘(b).’’ and 

24 inserting ‘‘(b); and’’; and 

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


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1 ‘‘(3) does not provide any exemptions to mu2 nicipalities, State agencies, or their contractors from 

3 the one-call notification system requirements of the 

4 program.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect 2 years after the date of en7 actment of this Act. 

8 (d) EXCAVATION DAMAGE.— 

9 (1) STUDY.—The Secretary of Transportation 

10 shall conduct a study on the impact of excavation 

11 damage on pipeline safety. 

12 (2) CONTENTS.—The study shall include— 

13 (A) an analysis of the frequency and sever14 ity of different types of excavation damage inci15 dents; 

16 (B) an analysis of exemptions to the one17 call notification system requirements in each 

18 State; 

19 (C) a comparison of exemptions to the one20 call notification system requirements in each 

21 State to the types of excavation damage inci22 dents in that State; and 

23 (D) an analysis of the potential safety ben24 efits and adverse consequences of eliminating 


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1 all exemptions for mechanized excavation from 

2 State one-call notification systems. 

3 (3) REPORT.—Not later than 2 years after the 

4 date of enactment of this Act, the Secretary shall 

5 submit to the Committee on Transportation and In6 frastructure and the Committee on Energy and 

7 Commerce of the House of Representatives and the 

8 Committee on Commerce, Science, and Transpor9 tation of the Senate a report on the results of the 

10 study. 

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

12 VALVES. 

13 Section 60102 is amended— 

14 (1) by striking subsection (j)(3); and 

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

16 ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT17 OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 

18 ‘‘(1) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of this subsection, and 

20 after considering the factors specified in subsection 

21 (b)(2), the Secretary, if appropriate, shall require by 

22 regulation the use of automatic or remote-controlled 

23 shut-off valves, or equivalent technology, where eco24 nomically, technically, and operationally feasible on 

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1 tirely replaced after the date on which the Secretary 

2 issues the final rule containing such requirement. 

3 ‘‘(2) HIGH-CONSEQUENCE AREA STUDY.— 

4 ‘‘(A) STUDY.—The Comptroller General of 

5 the United States shall conduct a study on the 

6 ability of transmission pipeline facility operators 

7 to respond to a hazardous liquid or gas release 

8 from a pipeline segment located in a high-con9 sequence area. 

10 ‘‘(B) CONSIDERATIONS.—In conducting 

11 the study, the Comptroller General shall con12 sider the swiftness of leak detection and pipe13 line shutdown capabilities, the location of the 

14 nearest response personnel, and the costs, risks, 

15 and benefits of installing automatic and remote16 controlled shut-off valves. 

17 ‘‘(C) REPORT.—Not later than 1 year 

18 after the date of enactment of this subsection, 

19 the Comptroller General shall submit to the 

20 Committee on Transportation and Infrastruc21 ture and the Committee on Energy and Com22 merce of the House of Representatives and the 

23 Committee on Commerce, Science, and Trans24 portation of the Senate a report on the results 

25 of the study.’’. 


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1 SEC. 5. INTEGRITY MANAGEMENT. 

2 (a) EVALUATION.—Not later than 18 months after 

3 the date of enactment of this Act, the Secretary of Trans4 portation shall evaluate— 

5 (1) whether integrity management system re6 quirements, or elements thereof, should be expanded 

7 beyond high-consequence areas; and 

8 (2) with respect to gas transmission pipeline fa9 cilities, whether applying integrity management pro10 gram requirements, or elements thereof, to addi11 tional areas would mitigate the need for class loca12 tion requirements. 

13 (b) FACTORS.—In conducting the evaluation under 

14 subsection (a), the Secretary shall consider, at a min15 imum, the following: 

16 (1) The continuing priority to enhance protec17 tions for public safety. 

18 (2) The continuing importance of reducing risk 

19 in high-consequence areas. 

20 (3) The incremental costs of applying integrity 

21 management standards to pipelines outside of high22 consequence areas where operators are already con23 ducting assessments beyond what is required under 

24 chapter 601 of title 49, United States Code. 

25 (4) The need to undertake integrity manage26 ment assessments and repairs in a manner that is 


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1 achievable and sustainable, and that does not dis2 rupt pipeline service. 

3 (5) The options for phasing in the extension of 

4 integrity management requirements beyond high5 consequence areas, including the most effective and 

6 efficient options for decreasing risks to an increasing 

7 number of people living or working in proximity to 

8 pipeline facilities. 

9 (6) The appropriateness of applying repair cri10 teria, such as pressure reductions and special re11 quirements for scheduling remediation, to areas that 

12 are not high-consequence areas. 

13 (c) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act, the Secretary shall submit to 

15 the Committee on Transportation and Infrastructure and 

16 the Committee on Energy and Commerce of the House 

17 of Representatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate a report, based 

19 on the evaluation conducted under subsection (a), con20 taining the Secretary’s analysis and findings regarding— 

21 (1) expansion of integrity management require22 ments, or elements thereof, beyond high-consequence 

23 areas; and 

24 (2) with respect to gas transmission pipeline fa25 cilities, whether applying the integrity management 


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1 program requirements, or elements thereof, to addi2 tional areas would mitigate the need for class loca3 tion requirements. 

4 (d) DATA REPORTING.—The Secretary shall collect 

5 any relevant data necessary to complete the evaluation re6 quired by subsection (a). 

7 (e) TECHNICAL CORRECTION.—Section 

8 60109(c)(3)(B) is amended to read as follows: 

9 ‘‘(B) Subject to paragraph (5), periodic re10 assessments of the facility, at a minimum of 

11 once every 7 calendar years, using methods de12 scribed in subparagraph (A). The Secretary 

13 may extend such deadline for an additional 6 

14 months if the operator submits written notice to 

15 the Secretary with sufficient justification of the 

16 need for the extension.’’. 

17 (f) RULEMAKING REQUIREMENTS.— 

18 (1) REVIEW PERIOD DEFINED.—In this sub19 section, the term ‘‘review period’’ means the period 

20 beginning on the date of enactment of this Act and 

21 ending on the earlier of— 

22 (A) the date that is 1 year after the date 

23 of completion of the report under subsection 

24 (c); or 


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1 (B) the date that is 3 years after the date 

2 of enactment of this Act. 

3 (2) CONGRESSIONAL AUTHORITY.—In order to 

4 provide Congress the necessary time to review the 

5 results of the report required by subsection (c) and 

6 implement appropriate recommendations, the Sec7 retary shall not, during the review period, issue final 

8 regulations described in paragraph (3)(B). 

9 (3) STANDARDS.— 

10 (A) FINDINGS.—As soon as practicable fol11 lowing the review period, the Secretary shall 

12 issue final regulations described in subpara13 graph (B), if the Secretary finds, in the report 

14 required under subsection (c), that— 

15 (i) integrity management system re16 quirements, or elements thereof, should be 

17 expanded beyond high-consequence areas; 

18 and 

19 (ii) with respect to gas transmission 

20 pipeline facilities, applying integrity man21 agement program requirements, or ele22 ments thereof, to additional areas would 

23 mitigate the need for class location re24 quirements. 


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1 (B) REGULATIONS.—Regulations issued by 

2 the Secretary under subparagraph (A), if any, 

3 shall— 

4 (i) expand integrity management sys5 tem requirements, or elements thereof, be6 yond high-consequence areas; and 

7 (ii) remove redundant class location 

8 requirements for gas transmission pipeline 

9 facilities that are regulated under an integ10 rity management program adopted and im11 plemented under section 60109(c)(2) of 

12 title 49, United States Code. 

13 (4) SAVINGS CLAUSE.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 other provision of this subsection, the Sec16 retary, during the review period, may issue final 

17 regulations described in paragraph (3)(B), if 

18 the Secretary determines that a condition that 

19 poses a risk to public safety, property, or the 

20 environment is present or an imminent hazard 

21 exists and that the regulations will address the 

22 risk or hazard. 

23 (B) IMMINENT HAZARD DEFINED.—In 

24 subparagraph (A), the term ‘‘imminent hazard’’ 

25 means the existence of a condition related to 


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1 pipelines or pipeline operations that presents a 

2 substantial likelihood that death, serious illness, 

3 severe personal injury, or substantial 

4 endangerment to health, property, or the envi5 ronment may occur. 

6 (g) REPORT TO CONGRESS ON RISK-BASED PIPE7 LINE REASSESSMENT INTERVALS.—Not later than 2 

8 years after the date of enactment of this Act, the Comp9 troller General of the United States shall evaluate— 

10 (1) whether risk-based reassessment intervals 

11 are a more effective alternative for managing risks 

12 to pipelines in high-consequence areas once baseline 

13 assessments are complete when compared to the re14 assessment interval specified in section 

15 60109(c)(3)(B) of title 49, United States Code; 

16 (2) the number of anomalies found in baseline 

17 assessments required under section 60109(c)(3)(A) 

18 of title 49, United States Code, as compared to the 

19 number of anomalies found in reassessments re20 quired under section 60109(c)(3)(B) of such title; 

21 and 

22 (3) the progress made in implementing the rec23 ommendations in GAO Report 06–945 and the cur24 rent relevance of those recommendations that have 

25 not been implemented. 


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1 SEC. 6. PUBLIC EDUCATION AND AWARENESS. 

2 (a) NATIONAL PIPELINE MAPPING SYSTEM.—Sec3 tion 60132 is amended by adding at the end the following: 

4 ‘‘(d) MAP OF HIGH-CONSEQUENCE AREAS.—The 

5 Secretary shall— 

6 ‘‘(1) maintain, as part of the National Pipeline 

7 Mapping System, a map of designated high-con8 sequence areas (as described in section 60109(a)) in 

9 which pipelines are required to meet integrity man10 agement program regulations, excluding any propri11 etary or sensitive security information; and 

12 ‘‘(2) update the map biennially. 

13 ‘‘(e) PROGRAM TO PROMOTE AWARENESS OF NA14 TIONAL PIPELINE MAPPING SYSTEM.—Not later than 1 

15 year after the date of enactment of this subsection, the 

16 Secretary shall develop and implement a program pro17 moting greater awareness of the existence of the National 

18 Pipeline Mapping System to State and local emergency re19 sponders and other interested parties. The program shall 

20 include guidance on how to use the National Pipeline Map21 ping System to locate pipelines in communities and local 

22 jurisdictions.’’. 

23 (b) INFORMATION TO EMERGENCY RESPONSE AGEN24 CIES.— 

25 (1) GUIDANCE.—Not later than 18 months 

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1 retary shall issue guidance to owners and operators 

2 of pipeline facilities on the importance of providing 

3 system-specific information about their pipeline fa4 cilities to emergency response agencies of the com5 munities and jurisdictions in which those facilities 

6 are located. 

7 (2) CONSULTATION.—Before issuing guidance 

8 under paragraph (1), the Secretary shall consult 

9 with owners and operators of pipeline facilities to de10 termine the extent to which the owners and opera11 tors are already providing system-specific informa12 tion about their pipeline facilities to emergency re13 sponse agencies. 

14 (c) RESPONSE PLANS.— 

15 (1) IN GENERAL.—Chapter 601 is amended by 

16 adding at the end the following: 

17 ‘‘§ 60138. Response plans 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

19 shall— 

20 ‘‘(1) maintain on file a copy of the most recent 

21 response plan (as defined in part 194 of title 49, 

22 Code of Federal Regulations) prepared by an owner 

23 or operator of a pipeline facility; and 


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1 ‘‘(2) provide upon written request to a person 

2 a copy of the plan, which may exclude, as the Sec3 retary determines appropriate— 

4 ‘‘(A) proprietary information; 

5 ‘‘(B) security-sensitive information, includ6 ing information described in section 1520.5(a) 

7 of title 49, Code of Federal Regulations; 

8 ‘‘(C) specific response resources and tac9 tical resource deployment plans; and 

10 ‘‘(D) the specific amount and location of 

11 worst case discharges (as defined in part 194 of 

12 title 49, Code of Federal Regulations), includ13 ing the process by which an owner or operator 

14 determines the worst case discharge. 

15 ‘‘(b) RELATIONSHIP TO FOIA.—Nothing in this sec16 tion may be construed to require disclosure of information 

17 or records that are exempt from disclosure under section 

18 552 of title 5.’’. 

19 (2) CLERICAL AMENDMENT.—The analysis for 

20 chapter 601 is amended by inserting after the item 

21 relating to section 60137 the following: 

‘‘60138. Response plans.’’. 

22 SEC. 7. CAST IRON GAS PIPELINES. 

23 (a) FOLLOW-UP SURVEYS.—Section 60108(d) is 

24 amended by adding at the end the following: 


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1 ‘‘(4) Not later than December 31, 2012, and every 

2 2 years thereafter, the Secretary shall conduct a follow3 up survey to measure the progress that owners and opera4 tors of pipeline facilities have made in adopting and imple5 menting their plans for the safe management and replace6 ment of cast iron gas pipelines.’’. 

7 (b) STATUS REPORT.—Not later than December 31, 

8 2013, the Secretary of Transportation shall transmit to 

9 the Committee on Transportation and Infrastructure and 

10 the Committee on Energy and Commerce of the House 

11 of Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate a report that— 

13 (1) identifies the total mileage of cast iron gas 

14 pipelines in the United States; and 

15 (2) evaluates the progress that owners and op16 erators of pipeline facilities have made in imple17 menting their plans for the safe management and 

18 replacement of cast iron gas pipelines. 

19 SEC. 8. LEAK DETECTION. 

20 (a) LEAK DETECTION REPORT.— 

21 (1) IN GENERAL.—Not later than 1 year after 

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

23 Transportation shall submit to the Committee on 

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1 structure and the Committee on Energy and Com2 merce of the House of Representatives a report on 

3 leak detection systems utilized by operators of haz4 ardous liquid pipeline facilities and transportation5 related flow lines. 

6 (2) CONTENTS.—The report shall include— 

7 (A) an analysis of the technical limitations 

8 of current leak detection systems, including the 

9 ability of the systems to detect ruptures and 

10 small leaks that are ongoing or intermittent, 

11 and what can be done to foster development of 

12 better technologies; and 

13 (B) an analysis of the practicability of es14 tablishing technically, operationally, and eco15 nomically feasible standards for the capability 

16 of such systems to detect leaks, and the safety 

17 benefits and adverse consequences of requiring 

18 operators to use leak detection systems. 

19 (b) RULEMAKING REQUIREMENTS.— 

20 (1) REVIEW PERIOD DEFINED.—In this sub21 section, the term ‘‘review period’’ means the period 

22 beginning on the date of enactment of this Act and 

23 ending on the earlier of— 


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1 (A) the date that is 1 year after the date 

2 of completion of the report under subsection 

3 (a); or 

4 (B) the date that is 2 years after the date 

5 of enactment of this Act. 

6 (2) CONGRESSIONAL AUTHORITY.—In order to 

7 provide Congress the necessary time to review the 

8 results of the report required by subsection (a) and 

9 implement appropriate recommendations, the Sec10 retary, during the review period, shall not issue final 

11 regulations described in paragraph (3). 

12 (3) STANDARDS.—As soon as practicable fol13 lowing the review period, if the report required by 

14 subsection (a) finds that it is practicable to establish 

15 technically, operationally, and economically feasible 

16 standards for the capability of leak detection sys17 tems to detect leaks, the Secretary shall issue final 

18 regulations that— 

19 (A) require operators of hazardous liquid 

20 pipeline facilities to use leak detection systems 

21 where practicable; and 

22 (B) establish technically, operationally, and 

23 economically feasible standards for the capa24 bility of such systems to detect leaks. 

25 (4) SAVINGS CLAUSE.— 


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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of this subsection, the Sec3 retary, during the review period, may issue final 

4 regulations described in paragraph (3) if the 

5 Secretary determines that a condition that 

6 poses a risk to public safety, property, or the 

7 environment is present or an imminent hazard 

8 exists and that the regulations will address the 

9 risk or hazard. 

10 (B) IMMINENT HAZARD DEFINED.—In 

11 subparagraph (A), the term ‘‘imminent hazard’’ 

12 means the existence of a condition related to 

13 pipelines or pipeline operations that presents a 

14 substantial likelihood that death, serious illness, 

15 severe personal injury, or substantial 

16 endangerment to health, property, or the envi17 ronment may occur. 

18 SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 

19 (a) REVISION OF REGULATIONS.—Not later than 18 

20 months after the date of enactment of this Act, the Sec21 retary of Transportation shall revise regulations issued 

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1 volving pipeline facilities to the Secretary and the National 

2 Response Center. 

3 (b) MINIMUM REQUIREMENTS.—In revising the regu4 lations, the Secretary, at a minimum, shall— 

5 (1) establish time limits for telephonic or elec6 tronic notification of an accident or incident to re7 quire such notification at the earliest practicable mo8 ment following confirmed discovery of an accident or 

9 incident and not later than 1 hour following the time 

10 of such confirmed discovery; 

11 (2) review procedures for owners and operators 

12 of pipeline facilities and the National Response Cen13 ter to provide thorough and coordinated notification 

14 to all relevant State and local emergency response 

15 officials, including 911 emergency call centers, for 

16 the jurisdictions in which those pipeline facilities are 

17 located in the event of an accident or incident, and 

18 revise such procedures as appropriate; and 

19 (3) require such owners and operators to revise 

20 their initial telephonic or electronic notice to the 

21 Secretary and the National Response Center with an 

22 estimate of the amount of the product released, an 

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1 priate by the Secretary within 48 hours of the acci2 dent or incident, to the extent practicable. 

3 (c) UPDATING OF REPORTS.—After receiving revi4 sions described in subsection (b)(3), the National Re5 sponse Center shall update the initial report on an acci6 dent or incident instead of generating a new report. 

7 SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY 

8 RESPONSE PLAN COMPLIANCE. 

9 (a) IN GENERAL.—Subparagraphs (A) and (B) of 

10 section 311(m)(2) of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1321(m)(2)) are each amended by striking 

12 ‘‘Administrator or’’ and inserting ‘‘Administrator, the 

13 Secretary of Transportation, or’’. 

14 (b) CONFORMING AMENDMENT.—Section 

15 311(b)(6)(A) of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1321(b)(6)(A)) is amended by striking ‘‘oper17 ating or’’ and inserting ‘‘operating, the Secretary of 

18 Transportation, or’’. 

19 SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION. 

20 (a) IN GENERAL.—Section 60132(a) is amended by 

21 adding at the end the following: 

22 ‘‘(4) Any other geospatial or technical data, in23 cluding design and material specifications, that the 

24 Secretary determines are necessary to carry out the 

25 purposes of this section. The Secretary shall give 


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1 reasonable notice to operators that the data are 

2 being requested.’’. 

3 (b) DISCLOSURE LIMITED TO FOIA REQUIRE4 MENTS.—Section 60132, as amended by this Act, is fur5 ther amended by adding at the end the following: 

6 ‘‘(f) PUBLIC DISCLOSURE LIMITED.—The Secretary 

7 may not disclose information collected pursuant to sub8 section (a) except to the extent permitted by section 552 

9 of title 5.’’. 

10 SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES. 

11 Section 60102, as amended by this Act, is further 

12 amended by adding at the end the following: 

13 ‘‘(o) TRANSPORTATION-RELATED OIL FLOW

14 LINES.— 

15 ‘‘(1) DATA COLLECTION.—The Secretary may 

16 collect geospatial or technical data on transpor17 tation-related oil flow lines, including unregulated 

18 transportation-related oil flow lines. 

19 ‘‘(2) TRANSPORTATION-RELATED OIL FLOW

20 LINE DEFINED.—In this subsection, the term ‘trans21 portation-related oil flow line’ means a pipeline 

22 transporting oil off of the grounds of the well where 

23 it originated and across areas not owned by the pro24 ducer, regardless of the extent to which the oil has 

25 been processed, if at all. 


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1 ‘‘(3) LIMITATION.—Nothing in this subsection 

2 authorizes the Secretary to prescribe standards for 

3 the movement of oil through production, refining, or 

4 manufacturing facilities or through oil production 

5 flow lines located on the grounds of wells.’’. 

6 SEC. 13. COST RECOVERY FOR DESIGN REVIEWS. 

7 (a) IN GENERAL.—Section 60117(n) is amended to 

8 read as follows: 

9 ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) REVIEW COSTS.—For any project de12 scribed in subparagraph (B), if the Secretary 

13 conducts facility design safety reviews in con14 nection with a proposal to construct, expand, or 

15 operate a gas or hazardous liquid pipeline facil16 ity or liquefied natural gas pipeline facility, in17 cluding construction inspections and oversight, 

18 the Secretary may require the person proposing 

19 the project to pay the costs incurred by the Sec20 retary relating to such reviews. If the Secretary 

21 exercises the cost recovery authority described 

22 in this paragraph, the Secretary shall prescribe 

23 a fee structure and assessment methodology 

24 that is based on the costs of providing these re25 views and shall prescribe procedures to collect 


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1 fees under this paragraph. The Secretary may 

2 not collect design safety review fees under this 

3 paragraph and section 60301 for the same de4 sign safety review. 

5 ‘‘(B) PROJECTS TO WHICH APPLICABLE.— 

6 Subparagraph (A) applies to any project that— 

7 ‘‘(i) has design and construction costs 

8 totaling at least $2,500,000,000, as peri9 odically adjusted by the Secretary to take 

10 into account increases in the Consumer 

11 Price Index for all-urban consumers pub12 lished by the Department of Labor, based 

13 on— 

14 ‘‘(I) the cost estimate provided to 

15 the Federal Energy Regulatory Com16 mission in an application for a certifi17 cate of public convenience and neces18 sity for a gas pipeline facility or an 

19 application for authorization for a liq20 uefied natural gas pipeline facility; or 

21 ‘‘(II) a good faith estimate devel22 oped by the person proposing a haz23 ardous liquid pipeline facility and sub24 mitted to the Secretary; or 


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1 ‘‘(ii) uses new or novel technologies or 

2 design, as determined by the Secretary. 

3 ‘‘(2) NOTIFICATION.—For any new pipeline fa4 cility construction project in which the Secretary will 

5 conduct design reviews, the person proposing the 

6 project shall notify the Secretary and provide the de7 sign specifications, construction plans and proce8 dures, and related materials at least 120 days prior 

9 to the commencement of construction. To the max10 imum extent practicable, not later than 90 days 

11 after receiving such design specifications, construc12 tion plans and procedures, and related materials, the 

13 Secretary shall provide written comments, feedback, 

14 and guidance on the project. 

15 ‘‘(3) PIPELINE SAFETY DESIGN REVIEW

16 FUND.— 

17 ‘‘(A) ESTABLISHMENT.—There is estab18 lished a Pipeline Safety Design Review Fund in 

19 the Treasury of the United States. 

20 ‘‘(B) DEPOSITS.—The Secretary shall de21 posit funds paid under this subsection into the 

22 Fund. 

23 ‘‘(C) USE.—Amounts in the Fund shall be 

24 available to the Secretary, in amounts specified 

25 in appropriations Acts, to offset the costs of 


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1 conducting facility design safety reviews under 

2 this subsection. 

3 ‘‘(4) NO ADDITIONAL PERMITTING AUTHOR4 ITY.—Nothing in this subsection may be construed 

5 as authorizing the Secretary to require a person to 

6 obtain a permit before beginning design and con7 struction in connection with a project described in 

8 paragraph (1)(B).’’. 

9 (b) GUIDANCE.—Not later than 1 year after the date 

10 of enactment of this Act, the Secretary of Transportation 

11 shall issue guidance to clarify the meaning of the term 

12 ‘‘new or novel technologies or design’’ as used in section 

13 60117(n)(1)(B)(ii) of title 49, United States Code, as 

14 amended by subsection (a) of this section. 

15 SEC. 14. BIOFUEL PIPELINES. 

16 Section 60101(a)(4) is amended— 

17 (1) in subparagraph (A) by striking ‘‘and’’ after 

18 the semicolon; 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (C); and 

21 (3) by inserting after subparagraph (A) the fol22 lowing: 

23 ‘‘(B) nonpetroleum fuel, including biofuel, 

24 that is flammable, toxic, or corrosive or would 


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1 be harmful to the environment if released in 

2 significant quantities; and’’. 

3 SEC. 15. CARBON DIOXIDE PIPELINES. 

4 Section 60102(i) is amended— 

5 (1) by striking ‘‘The Secretary shall regulate’’ 

6 and inserting the following: 

7 ‘‘(1) TRANSPORTATION IN LIQUID STATE.—The 

8 Secretary shall regulate’’. 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) TRANSPORTATION IN GASEOUS STATE.— 

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

13 Secretary shall prescribe minimum safety 

14 standards for the transportation of carbon diox15 ide by pipeline in a gaseous state. 

16 ‘‘(B) CONSIDERATIONS.—In establishing 

17 the standards, the Secretary shall consider 

18 whether applying the minimum safety standards 

19 in part 195 of title 49, Code of Federal Regula20 tions, as in effect on the date of enactment of 

21 this paragraph, for the transportation of carbon 

22 dioxide in a liquid state to the transportation of 

23 carbon dioxide in a gaseous state would ensure 

24 safety. 


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1 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC2 TION.—Nothing in this subsection authorizes the 

3 Secretary to regulate piping or equipment used in 

4 the production, extraction, recovery, lifting, stabiliza5 tion, separation, or treatment of carbon dioxide or 

6 the preparation of carbon dioxide for transportation 

7 by pipeline at production, refining, or manufacturing 

8 facilities.’’. 

9 SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITU10 MEN. 

11 Not later than 18 months after the date of enactment 

12 of this Act, the Secretary of Transportation shall complete 

13 a comprehensive review of hazardous liquid pipeline facil14 ity regulations to determine whether the regulations are 

15 sufficient to regulate pipeline facilities used for the trans16 portation of diluted bitumen. In conducting the review, the 

17 Secretary shall conduct an analysis of whether any in18 crease in the risk of a release exists for pipeline facilities 

19 transporting diluted bitumen. The Secretary shall report 

20 the results of the review to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure and the 

23 Committee on Energy and Commerce of the House of 

24 Representatives. 


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1 SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS 

2 TRANSPORTED BY PIPELINE. 

3 The Secretary of Transportation may conduct an 

4 analysis of the transportation of nonpetroleum hazardous 

5 liquids by pipeline facility for the purpose of identifying 

6 the extent to which pipeline facilities are currently being 

7 used to transport nonpetroleum hazardous liquids, such 

8 as chlorine, from chemical production facilities across land 

9 areas not owned by the producer that are accessible to 

10 the public. The analysis should identify the extent to which 

11 the safety of the pipeline facilities is unregulated by the 

12 States and evaluate whether the transportation of such 

13 chemicals by pipeline facility across areas accessible to the 

14 public would present significant risks to public safety, 

15 property, or the environment in the absence of regulation. 

16 The results of the analysis shall be made available to the 

17 Committee on Commerce, Science, and Transportation of 

18 the Senate and the Committee on Transportation and In19 frastructure and the Committee on Energy and Commerce 

20 of the House of Representatives. 

21 SEC. 18. CLARIFICATIONS. 

22 (a) INSPECTION AND MAINTENANCE.—Section 

23 60108(a)(1) is amended by striking ‘‘an intrastate’’ and 

24 inserting ‘‘a’’. 

25 (b) OWNER AND OPERATOR.—Section 

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1 ators’’ and inserting ‘‘any or all of the owners or opera2 tors’’. 

3 SEC. 19. MAINTENANCE OF EFFORT. 

4 Section 60107(b) is amended by adding at the end 

5 the following: ‘‘For each of fiscal years 2012 and 2013, 

6 the Secretary shall grant such a waiver to a State if the 

7 State can demonstrate an inability to maintain or increase 

8 the required funding share of its safety program at or 

9 above the level required by this subsection due to economic 

10 hardship in that State. For fiscal year 2014, and each fis11 cal year thereafter, the Secretary may grant such a waiver 

12 to a State if the State can make the demonstration de13 scribed in the preceding sentence.’’. 

14 SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS. 

15 (a) ISSUANCE OF REGULATIONS.— 

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

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

18 Transportation shall issue regulations— 

19 (A) requiring hearings under sections 

20 60112, 60117, 60118, and 60122 of title 49, 

21 United States Code, to be convened before a 

22 presiding official; 

23 (B) providing the opportunity for any per24 son requesting a hearing under section 60112, 

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1 range for a transcript of the hearing, at the ex2 pense of the requesting person; 

3 (C) ensuring expedited review of any order 

4 issued pursuant to section 60112(e) of such 

5 title; 

6 (D) implementing a separation of functions 

7 between personnel involved with the investiga8 tion and prosecution of an enforcement case 

9 and advising the Secretary on findings and de10 terminations; and 

11 (E) prohibiting ex-parte communication 

12 relevant to the question to be decided in such 

13 a case by parties to an investigation or hearing. 

14 (2) PRESIDING OFFICIAL.—The regulations 

15 issued under this subsection shall— 

16 (A) define the term ‘‘presiding official’’ to 

17 mean the person who conducts any hearing re18 lating to civil penalty assessments, compliance 

19 orders, safety orders, or corrective action or20 ders; and 

21 (B) require that the presiding official be 

22 an attorney on the staff of the Deputy Chief 

23 Counsel of the Pipeline and Hazardous Mate24 rials Safety Administration that is not engaged 

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1 cluding the preparation of notices of probable 

2 violations, notices relating to civil penalty as3 sessments, notices relating to compliance, or no4 tices of proposed corrective actions. 

5 (3) EXPEDITED REVIEW.—The regulations 

6 issued under this subsection shall define the term 

7 ‘‘expedited review’’ for the purposes of paragraph 

8 (1)(C). 

9 (b) STANDARDS OF JUDICIAL REVIEW.—Section 

10 60119(a) is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(3) A judicial review of agency action under this sec13 tion shall apply the standards of review established in sec14 tion 706 of title 5.’’. 

15 SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES. 

16 (a) REVIEW.—The Secretary of Transportation shall 

17 conduct a review of existing Federal and State regulations 

18 for gas and hazardous liquid gathering lines located on19 shore and offshore in the United States, including within 

20 the inlets of the Gulf of Mexico. 

21 (b) REPORT TO CONGRESS.— 

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

23 the date of enactment of this Act, the Secretary 

24 shall submit to the Committee on Transportation 

25 and Infrastructure and the Committee on Energy 


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1 and Commerce of the House of Representatives and 

2 the Committee on Commerce, Science, and Trans3 portation of the Senate a report on the results of the 

4 review. 

5 (2) RECOMMENDATIONS.—The report shall in6 clude the Secretary’s recommendations with respect 

7 to— 

8 (A) the sufficiency of existing Federal and 

9 State laws and regulations to ensure the safety 

10 of gas and hazardous liquid gathering lines; 

11 (B) the economic impacts, technical prac12 ticability, and challenges of applying existing 

13 Federal regulations to gathering lines that are 

14 not currently subject to Federal regulation 

15 when compared to the public safety benefits; 

16 and 

17 (C) subject to a risk-based assessment, the 

18 need to modify or revoke existing exemptions 

19 from Federal regulation for gas and hazardous 

20 liquid gathering lines. 

21 (c) OFFSHORE GATHERING LINES.—Section 

22 60108(c) is amended by adding at the end the following: 

23 ‘‘(8) If, after reviewing existing Federal and State 

24 regulations for hazardous liquid gathering lines located 

25 offshore in the United States, including within the inlets 


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1 of the Gulf of Mexico, the Secretary determines it is ap2 propriate, the Secretary shall issue regulations, after no3 tice and an opportunity for a hearing, subjecting offshore 

4 hazardous liquid gathering lines and hazardous liquid 

5 gathering lines located within the inlets of the Gulf of 

6 Mexico to the same standards and regulations as other 

7 hazardous liquid gathering lines. The regulations issued 

8 under this paragraph shall not apply to production pipe9 lines or flow lines.’’. 

10 SEC. 22. EXCESS FLOW VALVES. 

11 Section 60109(e)(3) is amended— 

12 (1) by redesignating subparagraph (B) as sub13 paragraph (C); and 

14 (2) by inserting after subparagraph (A) the fol15 lowing: 

16 ‘‘(B) DISTRIBUTION BRANCH SERVICES, 

17 MULTIFAMILY FACILITIES, AND SMALL COM18 MERCIAL FACILITIES.—Not later than 2 years 

19 after the date of enactment of the Pipeline 

20 Safety, Regulatory Certainty, and Job Creation 

21 Act of 2011, and after issuing a final report on 

22 the evaluation of the National Transportation 

23 Safety Board’s recommendation on excess flow 

24 valves in applications other than service lines 

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1 retary, if appropriate, shall by regulation re2 quire the use of excess flow valves, or equivalent 

3 technology, where economically, technically, and 

4 operationally feasible on new or entirely re5 placed distribution branch services, multifamily 

6 facilities, and small commercial facilities.’’. 

7 SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

8 (a) IN GENERAL.—Chapter 601, as amended by this 

9 Act, is further amended by adding at the end the fol10 lowing: 

11 ‘‘§ 60139. Maximum allowable operating pressure 

12 ‘‘(a) VERIFICATION OF RECORDS.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Transpor14 tation shall require each owner or operator of a pipe15 line facility to conduct, not later than 6 months 

16 after the date of enactment of this section, a 

17 verification of the records of the owner or operator 

18 relating to the interstate and intrastate gas trans19 mission pipelines of the owner or operator in class 

20 3 and class 4 locations and class 1 and class 2 high21 consequence areas. 

22 ‘‘(2) PURPOSE.—The purpose of the verification 

23 shall be to ensure that the records accurately reflect 

24 the physical and operational characteristics of the 

25 pipelines described in paragraph (1) and confirm the 


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1 established maximum allowable operating pressure of 

2 the pipelines. 

3 ‘‘(3) ELEMENTS.—The verification process 

4 under this subsection shall include such elements as 

5 the Secretary considers appropriate. 

6 ‘‘(b) REPORTING.— 

7 ‘‘(1) DOCUMENTATION OF CERTAIN PIPE8 LINES.—Not later than 18 months after the date of 

9 enactment of this section, each owner or operator of 

10 a pipeline facility shall identify and submit to the 

11 Secretary documentation relating to each pipeline 

12 segment of the owner or operator described in sub13 section (a)(1) for which the records of the owner or 

14 operator are insufficient to confirm the established 

15 maximum allowable operating pressure of the seg16 ment. 

17 ‘‘(2) EXCEEDANCES OF MAXIMUM ALLOWABLE

18 OPERATING PRESSURE.—If there is an exceedance of 

19 the maximum allowable operating pressure with re20 spect to a gas transmission pipeline of an owner or 

21 operator of a pipeline facility that exceeds the build22 up allowed for operation of pressure-limiting or con23 trol devices, the owner or operator shall report the 

24 exceedance to the Secretary and appropriate State 


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1 authorities on or before the 5th day following the 

2 date on which the exceedance occurs. 

3 ‘‘(c) DETERMINATION OF MAXIMUM ALLOWABLE OP4 ERATING PRESSURE.— 

5 ‘‘(1) IN GENERAL.—In the case of a trans6 mission line of an owner or operator of a pipeline fa7 cility identified under subsection (b)(1), the Sec8 retary shall— 

9 ‘‘(A) require the owner or operator to re10 confirm a maximum allowable operating pres11 sure as expeditiously as economically feasible; 

12 and 

13 ‘‘(B) determine what actions are appro14 priate for the pipeline owner or operator to take 

15 to maintain safety until a maximum allowable 

16 operating pressure is confirmed. 

17 ‘‘(2) INTERIM ACTIONS.—In determining the 

18 actions for an owner or operator of a pipeline facility 

19 to take under paragraph (1)(B), the Secretary shall 

20 take into account potential consequences to public 

21 safety and the environment, potential impacts on 

22 pipeline system reliability and deliverability, and 

23 other factors, as appropriate. 

24 ‘‘(d) TESTING REGULATIONS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of this section, the Sec3 retary shall issue regulations for conducting tests to 

4 confirm the material strength of previously untested 

5 natural gas transmission pipelines located in high6 consequence areas and operating at a pressure 

7 greater than 30 percent of specified minimum yield 

8 strength. 

9 ‘‘(2) CONSIDERATIONS.—In developing the reg10 ulations, the Secretary shall consider safety testing 

11 methodologies, including, at a minimum— 

12 ‘‘(A) pressure testing; and 

13 ‘‘(B) other alternative methods, including 

14 in-line inspections, determined by the Secretary 

15 to be of equal or greater effectiveness. 

16 ‘‘(3) COMPLETION OF TESTING.—The Sec17 retary, in consultation with the Chairman of the 

18 Federal Energy Regulatory Commission and State 

19 regulators, as appropriate, shall establish timeframes 

20 for the completion of such testing that take into ac21 count potential consequences to public safety and 

22 the environment and that minimize costs and service 

23 disruptions. 


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1 ‘‘(e) HIGH-CONSEQUENCE AREA DEFINED.—In this 

2 section, the term ‘high-consequence area’ means an area 

3 described in section 60109(a).’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 601 is amended by inserting after the item relating 

6 to section 60138 the following: 

‘‘60139. Maximum allowable operating pressure.’’. 

7 SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS 

8 BY REFERENCE. 

9 Section 60102, as amended by this Act, is further 

10 amended by adding at the end the following: 

11 ‘‘(p) LIMITATION ON INCORPORATION OF DOCU12 MENTS BY REFERENCE.—Beginning 1 year after the date 

13 of enactment of this subsection, the Secretary may not 

14 issue guidance or a regulation pursuant to this chapter 

15 that incorporates by reference any documents or portions 

16 thereof unless the documents or portions thereof are made 

17 available to the public, free of charge, on an Internet Web 

18 site.’’. 

19 SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND 

20 LOCAL GOVERNMENT PERSONNEL. 

21 (a) IN GENERAL.—To further the objectives of chap22 ter 601 of title 49, United States Code, the Secretary of 

23 Transportation may provide the services of personnel from 

24 the Pipeline and Hazardous Materials Safety Administra25 tion to provide training for State and local government 


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1 personnel at a pipeline safety training facility that is es2 tablished and operated by an agency or instrumentality 

3 of the United States, a unit of State or local government, 

4 or an educational institution. 

5 (b) REIMBURSEMENTS FOR TRAINING EXPENDI6 TURES.— 

7 (1) IN GENERAL.—Notwithstanding any other 

8 provision of law, the Secretary may require reim9 bursement from sources other than the Federal Gov10 ernment for all expenses incurred by the Secretary 

11 in providing training for State and local government 

12 personnel under subsection (a), including salaries, 

13 expenses, transportation for Pipeline and Hazardous 

14 Materials Safety Administration personnel, and the 

15 cost of training materials. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.— 

17 Amounts collected as reimbursement under para18 graph (1) are authorized to be appropriated for the 

19 purposes set forth in chapter 601 of title 49, United 

20 States Code. 

21 SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, 

22 AND DISADVANTAGED BUSINESSES. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Comptroller General of the United States, 

25 based upon available information, shall submit to the 


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1 Committee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Transportation and In3 frastructure and the Committee on Energy and Commerce 

4 of the House of Representatives a comprehensive report 

5 assessing the levels and types of participation and methods 

6 of facilitating the participation of minority-owned business 

7 enterprises, woman-owned business enterprises, and dis8 advantaged business enterprises in the construction and 

9 operation of pipeline facilities in the United States. 

10 SEC. 27. REPORT ON PIPELINE PROJECTS. 

11 (a) STUDY.—The Comptroller General of the United 

12 States shall conduct a comprehensive study regarding the 

13 process for obtaining Federal and State permits for 

14 projects to construct pipeline facilities. 

15 (b) EVALUATION.—In conducting the study, the 

16 Comptroller General shall evaluate how long it takes to 

17 issue permits for pipeline construction projects, the rela18 tionship between the States and the Federal Government 

19 in issuing such permits, and any recommendations from 

20 the States for improving the permitting process. 

21 (c) CONSULTATION.—In conducting the study, the 

22 Comptroller General shall consult with the Committee on 

23 Transportation and Infrastructure and the Committee on 

24 Energy and Commerce of the House of Representatives 


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1 and the Committee on Commerce, Science, and Transpor2 tation of the Senate. 

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

4 of enactment of this Act, the Comptroller General shall 

5 submit to the Committee on Transportation and Infra6 structure and the Committee on Energy and Commerce 

7 of the House of Representatives and the Committee on 

8 Commerce, Science, and Transportation of the Senate a 

9 report on the results of the study. 

10 SEC. 28. COVER OVER BURIED PIPELINES. 

11 (a) IN GENERAL.—Chapter 601, as amended by this 

12 Act, is further amended by adding at the end the fol13 lowing: 

14 ‘‘§ 60140. Cover over buried pipelines 

15 ‘‘(a) HAZARDOUS LIQUID PIPELINE INCIDENTS IN16 VOLVING BURIED PIPELINES.— 

17 ‘‘(1) STUDY.—The Secretary of Transportation 

18 shall conduct a study of hazardous liquid pipeline in19 cidents at crossings of inland bodies of water with 

20 a width of at least 100 feet from high water mark 

21 to high water mark to determine if the depth of 

22 cover over the buried pipeline was a factor in any ac23 cidental release of hazardous liquids. 

24 ‘‘(2) REPORT.—Not later than 1 year after the 

25 date of enactment of this section, the Secretary shall 


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1 transmit to the Committee on Transportation and 

2 Infrastructure and the Committee on Energy and 

3 Commerce of the House of Representatives and the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate a report on the results of the 

6 study. 

7 ‘‘(b) ASSESSMENT OF CURRENT REQUIREMENTS FOR

8 DEPTH OF COVER OVER BURIED PIPELINES.— 

9 ‘‘(1) IN GENERAL.—If, following completion of 

10 the study under subsection (a), the Secretary finds 

11 that the depth of cover over buried pipelines is a 

12 contributing factor in the accidental release of haz13 ardous liquids from the pipelines, the Secretary, not 

14 later than 1 year after the date of completion of the 

15 study, shall review and determine the sufficiency of 

16 current requirements for the depth of cover over 

17 buried pipelines. 

18 ‘‘(2) LEGISLATIVE RECOMMENDATIONS.— 

19 ‘‘(A) DEVELOPMENT.—If the Secretary de20 termines under paragraph (1) that the current 

21 requirements for the depth of cover over buried 

22 pipelines are insufficient, the Secretary shall de23 velop legislative recommendations for improving 

24 the safety of buried pipelines at crossings of in25 land bodies of water with a width of at least 


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1 100 feet from high water mark to high water 

2 mark. 

3 ‘‘(B) CONSIDERATION OF FACTORS.—In 

4 developing legislative recommendations under 

5 subparagraph (A), the Secretary shall consider 

6 the factors specified in section 60102(b)(2). 

7 ‘‘(C) REPORT TO CONGRESS.—If the Sec8 retary develops legislative recommendations 

9 under subparagraph (A), the Secretary shall 

10 submit to the committees referred to in sub11 section (a)(2) a report containing the legislative 

12 recommendations.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 601 is amended by inserting after the item relating 

15 to section 60139 the following: 

‘‘60140. Cover over buried pipelines.’’. 

16 SEC. 29. SEISMICITY. 

17 In identifying and evaluating all potential threats to 

18 each pipeline segment pursuant to parts 192 and 195 of 

19 title 49, Code of Federal Regulations, an operator of a 

20 pipeline facility shall consider the seismicity of the area. 

21 SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Secretary of Transportation shall develop 

24 and implement a protocol for consulting with Indian tribes 


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1 to provide technical assistance for the regulation of pipe2 lines that are under the jurisdiction of Indian tribes. 

3 SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT 

4 NEEDS. 

5 (a) INSPECTION AND ENFORCEMENT NEEDS.—Not 

6 later than 12 months after the date of enactment of this 

7 Act, the Secretary of Transportation shall submit to the 

8 Committee on Transportation and Infrastructure and the 

9 Committee on Energy and Commerce of the House of 

10 Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a report that 

12 provides information on— 

13 (1) the total number of full-time equivalent po14 sitions for pipeline inspection and enforcement per15 sonnel at the Pipeline and Hazardous Materials 

16 Safety Administration; 

17 (2) out of the total number of such positions, 

18 how many of the positions are not filled and the rea19 sons why the positions are not filled; 

20 (3) the actions the Administrator of the Pipe21 line and Hazardous Materials Safety Administration 

22 is taking to fill the positions; and 

23 (4) any additional inspection and enforcement 

24 resource needs of the Pipeline and Hazardous Mate25 rials Safety Administration. 


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1 (b) STAFFING.—Subject to the availability of funds, 

2 the Secretary may increase the number of positions for 

3 pipeline inspection and enforcement personnel at the Pipe4 line and Hazardous Materials Safety Administration by 10 

5 full-time equivalent employees, if— 

6 (1) on or before September 30, 2014, the Sec7 retary fills the 135 full-time equivalent positions for 

8 pipeline inspection and enforcement personnel speci9 fied in section 18(e) of the Pipeline Inspection, Pro10 tection, Enforcement, and Safety Act of 2006 (120 

11 Stat. 3498); and 

12 (2) in preparing the report under subsection 

13 (a), the Secretary finds that additional pipeline in14 spection and enforcement personnel are necessary. 

15 SEC. 32. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) GAS AND HAZARDOUS LIQUID.—Section 

17 60125(a) is amended to read as follows: 

18 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

19 ‘‘(1) IN GENERAL.—To carry out the provisions 

20 of this chapter related to gas and hazardous liquid 

21 and section 12 of the Pipeline Safety Improvement 

22 Act of 2002 (49 U.S.C. 60101 note; Public Law 

23 107–355), there is authorized to be appropriated to 

24 the Department of Transportation for each of fiscal 

25 years 2012 through 2015, from fees collected under 


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1 section 60301, $90,679,000, of which $4,746,000 is 

2 for carrying out such section 12 and $36,194,000 is 

3 for making grants. 

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

5 the amounts authorized to be appropriated by para6 graph (1), there is authorized to be appropriated for 

7 each of fiscal years 2012 through 2015 from the Oil 

8 Spill Liability Trust Fund to carry out the provi9 sions of this chapter related to hazardous liquid and 

10 section 12 of the Pipeline Safety Improvement Act 

11 of 2002 (49 U.S.C. 60101 note; Public Law 107– 

12 355), $18,573,000, of which $2,174,000 is for car13 rying out such section 12 and $4,558,000 is for 

14 making grants.’’. 

15 (b) EMERGENCY RESPONSE GRANTS.—Section 

16 60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 

17 and inserting ‘‘2012 through 2015’’. 

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

19 6107 is amended— 

20 (1) in subsection (a) by striking ‘‘2007 through 

21 2010.’’ and inserting ‘‘2012 through 2015.’’; 

22 (2) in subsection (b) by striking ‘‘2007 through 

23 2010.’’ and inserting ‘‘2012 through 2015.’’; and 

24 (3) by striking subsection (c). 


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1 (d) STATE DAMAGE PREVENTION PROGRAMS.—Sec2 tion 60134 is amended by adding at the end the following: 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to provide 

5 grants under this section $1,500,000 for each of fiscal 

6 years 2012 through 2015. Such funds shall remain avail7 able until expended.’’. 

8 (e) COMMUNITY PIPELINE SAFETY INFORMATION

9 GRANTS.—Section 60130 is amended— 

10 (1) in subsection (a)(1) by striking ‘‘$50,000’’ 

11 and inserting ‘‘$100,000’’; 

12 (2) in subsection (b)— 

13 (A) by inserting ‘‘to grant recipients and 

14 their contractors’’ after ‘‘this section’’; and 

15 (B) by inserting ‘‘, for direct advocacy for 

16 or against a pipeline construction or expansion 

17 project,’’ after ‘‘for lobbying’’; and 

18 (3) in subsection (d) by striking ‘‘$1,000,000 

19 for each of the fiscal years 2003 through 2010’’ and 

20 inserting ‘‘$1,500,000 for each of fiscal years 2012 

21 through 2015’’. 

22 (f) PIPELINE TRANSPORTATION RESEARCH AND DE23 VELOPMENT.—Section 12 of the Pipeline Safety Improve24 ment Act of 2002 (49 U.S.C. 60101 note) is amended— 


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1 (1) in subsection (d) by adding at the end the 

2 following: 

3 ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE4 SEARCH AND DEVELOPMENT.— 

5 ‘‘(A) IN GENERAL.—After the initial 5- 

6 year program plan has been carried out by the 

7 participating agencies, the Secretary of Trans8 portation, in coordination with the Director of 

9 the National Institute of Standards and Tech10 nology, as appropriate, shall prepare a research 

11 and development program plan every 5 years 

12 thereafter and shall transmit a report to Con13 gress on the status and results-to-date of imple14 mentation of the program every 2 years. The 

15 biennial report shall include a summary of up16 dated research needs and priorities identified 

17 through the consultation requirements of para18 graph (2). 

19 ‘‘(B) CONSULTATION.—The Secretary 

20 shall comply with the consultation requirements 

21 of paragraph (2) when preparing the program 

22 plan and in the selection and prioritization of 

23 research and development projects. 

24 ‘‘(C) FUNDING FROM NON-FEDERAL

25 SOURCES.—The Secretary shall ensure at least 


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1 30 percent of the costs of program-wide re2 search and development activities are carried 

3 out using non-Federal sources.’’. 

4 (2) in subsection (f) by striking ‘‘2003 through 

5 2006.’’ and inserting ‘‘2012 through 2015.’’. 

Passed the House of Representatives December 14, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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