I 

116TH CONGRESS 

1ST SESSION H. R. 3432 

To amend title 49, United States Code, to improve the safety of the Nation’s 

natural gas and hazardous liquid pipeline systems, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2019 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Energy and Commerce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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

safety of the Nation’s natural gas and hazardous liquid 

pipeline systems, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Safer Pipelines Act of 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Authorization of appropriations. 


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Sec. 3. Purpose and general authority. 

Sec. 4. Risk analysis and integrity management programs. 

Sec. 5. Community right-to-know and emergency preparedness. 

Sec. 6. Actions by private persons. 

Sec. 7. Civil penalties. 

Sec. 8. Criminal penalties. 

Sec. 9. Direct hire authority for Pipeline and Hazardous Materials Safety Administration. 

Sec. 10. Report. 

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) OPERATIONAL EXPENSES.—There are authorized 

3 to be appropriated to the Secretary of Transportation for 

4 the necessary operational expenses of the Pipeline and 

5 Hazardous Materials Safety Administration the following 

6 amounts: 

7 (1) $24,215,000 for fiscal year 2020. 

8 (2) $24,941,450 for fiscal year 2021. 

9 (3) $26,460,000 for fiscal year 2022. 

10 (4) $27,254,000 for fiscal year 2023. 

11 (b) GAS AND HAZARDOUS LIQUID.—Section 

12 60125(a) of title 49, United States Code, is amended— 

13 (1) in paragraph (1), by striking subparagraphs 

14 (A) through (D) and inserting the following: 

15 ‘‘(A) $160,800,000 for fiscal year 2020, of 

16 which $10,000,000 shall be expended for car17 rying out such section 12 and $50,000,000 

18 shall be expended for making grants; 

19 ‘‘(B) $165,624,000 for fiscal year 2021 of 

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1 rying out such section 12 and $50,000,000 

2 shall be expended for making grants; 

3 ‘‘(C) $170,600,000 for fiscal year 2022, of 

4 which $10,000,000 shall be expended for car5 rying out such section 12 and $50,000,000 

6 shall be expended for making grants; and 

7 ‘‘(D) $175,700,000 for fiscal year 2023, of 

8 which $10,000,000 shall be expended for car9 rying out such section 12 and $50,885,000 

10 shall be expended for making grants.’’; 

11 (2) in paragraph (2), by striking subparagraphs 

12 (A) through (D) and inserting the following: 

13 ‘‘(A) $25,000,000 for fiscal year 2020, of 

14 which $5,000,000 shall be expended for car15 rying out such section 12 and $9,000,000 shall 

16 be expended for making grants; 

17 ‘‘(B) $25,000,000 for fiscal year 2021, of 

18 which $5,000,000 shall be expended for car19 rying out such section 12 and $9,000,000 shall 

20 be expended for making grants; 

21 ‘‘(C) $26,000,000 for fiscal year 2022, of 

22 which $5,000,000 shall be expended for car23 rying out such section 12 and $9,000,000 shall 

24 be expended for making grants; and 


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1 ‘‘(D) $26,000,000 for fiscal year 2023, of 

2 which $5,000,000 shall be expended for car3 rying out such section 12 and $9,000,000 shall 

4 be expended for making grants.’’; and 

5 (3) in paragraph (3), by striking ‘‘$8,000,000 

6 for each of fiscal years 2017 through 2019’’ and in7 serting ‘‘$9,000,000 for each of fiscal years 2020 

8 through 2023’’. 

9 (c) EMERGENCY RESPONSE GRANTS.—Section 

10 60125(b)(2) of title 49, United States Code, is amended 

11 by striking ‘‘$10,000,000 for each of fiscal years 2012 

12 through 2015’’ and inserting ‘‘$12,000,000 for each of fis13 cal years 2020 through 2023’’. 

14 (d) PIPELINE SAFETY INFORMATION GRANTS TO

15 COMMUNITIES.—Section 60130(c) of title 49, United 

16 States Code, is amended by striking ‘‘section 2(b) of the 

17 PIPES Act of 2016, the Secretary shall expend 

18 $1,500,000 for each of fiscal years 2016 through 2019 

19 to carry out this section. Such amounts shall not be de20 rived from user fees collected under section 60301’’ and 

21 inserting ‘‘section 2(a) of the Safer Pipelines Act of 2019, 

22 the Secretary shall expend $2,000,000 for each of fiscal 

23 years 2020 through 2023 to carry out this section’’. 

24 (e) STATE DAMAGE PREVENTION PROGRAMS.—Sec25 tion 60134(i) of title 49, United States Code is amended 


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1 by striking ‘‘$1,500,000 for each of fiscal years 2012 

2 through 2015’’ and inserting ‘‘$2,000,000 for each of fis3 cal years 2020 through 2023’’. 

4 (f) ONE-CALL NOTIFICATION PROGRAMS.—Section 

5 6107 of title 49, United States Code, is amended by strik6 ing ‘‘$1,058,000 for each of fiscal years 2016 through 

7 2019’’ and inserting ‘‘$2,000,000 for each of fiscal years 

8 2020 through 2023’’. 

9 SEC. 3. PURPOSE AND GENERAL AUTHORITY. 

10 (a) COST-BENEFIT ANALYSIS.—Section 60102(b) of 

11 title 49, United States Code, is amended— 

12 (1) in paragraph (2)— 

13 (A) by striking subparagraphs (C) through 

14 (E); and 

15 (B) by redesignating subparagraphs (F) 

16 and (G) as subparagraphs (C) and (D), respec17 tively; and 

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

19 (b) SAFETY CONDITION REPORTS.—Section 

20 60102(h)(2) of title 49, United States Code, is amended 

21 by striking ‘‘State authorities’’ and inserting ‘‘State offi22 cials, including local emergency responders and appro23 priate on-scene coordinators for any applicable contin24 gency plans’’. 


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1 SEC. 4. RISK ANALYSIS AND INTEGRITY MANAGEMENT 

2 PROGRAMS. 

3 (a) DIRECT ASSESSMENTS.—Section 60109(c) of 

4 title 49, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘(12) USE OF DIRECT ASSESSMENTS.— 

7 ‘‘(A) TRANSMISSION PIPELINE FACILITIES

8 REGULATION.—Not later than 2 years after the 

9 date of enactment of this paragraph, the Sec10 retary shall issue regulations for methods of as11 sessment of transmission pipeline facilities 

12 under paragraph (3) that prioritize methods 

13 that would provide a greater level of safety than 

14 direct assessment, including the use of internal 

15 inspection devices or pressure testing. 

16 ‘‘(B) DISTRIBUTION PIPELINES STUDY.— 

17 Not later than 2 years after the date of enact18 ment of this paragraph, the Secretary shall sub19 mit to the Committees on Energy and Com20 merce and Transportation and Infrastructure of 

21 the House of Representatives and the Com22 mittee on Commerce, Science, and Transpor23 tation of the Senate a report containing— 

24 ‘‘(i) the results of a study of methods 

25 of assessment of distribution pipelines that 

26 may be used under paragraph (3), other 


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1 than direct assessment, to determine 

2 whether any such methods— 

3 ‘‘(I) would provide an equal or 

4 greater level of safety than direct as5 sessment of such pipelines; and 

6 ‘‘(II) are feasible; and 

7 ‘‘(ii) any recommendations based on 

8 such study.’’. 

9 (b) AUTOMATIC OR REMOTE SHUTOFF VALVES.— 

10 Section 60109 of title 49, United States Code, is amended 

11 by adding at the end the following: 

12 ‘‘(h) AUTOMATIC OR REMOTE SHUTOFF VALVES FOR

13 TRANSMISSION PIPELINE FACILITIES.— 

14 ‘‘(1) REQUIREMENT.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 paragraph (2), beginning on the date that is 2 

17 years after the date of enactment of this sub18 section, each operator of a transmission pipeline 

19 facility that is located in a high consequence 

20 area (as defined in subsection (g)) shall, based 

21 on a risk assessment, install for the trans22 mission pipeline facility automatic or remote 

23 shutoff valves, as appropriate. 

24 ‘‘(B) INSPECTION AND ENFORCEMENT.— 

25 The Secretary shall conduct inspections under 


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1 section 60117(c) to determine whether each op2 erator of a transmission pipeline facility to 

3 which this paragraph applies is complying with 

4 this section. 

5 ‘‘(2) EXCEPTION.—If the Secretary requires by 

6 regulation, under section 60102(n), the use of auto7 matic or remote-controlled shut-off valves, or equiva8 lent technology, on a transmission pipeline facility, 

9 paragraph (1) shall not apply to the transmission 

10 pipeline facility.’’. 

11 SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY 

12 PREPAREDNESS. 

13 (a) IN GENERAL.—Section 60116 of title 49, United 

14 States Code, is amended to read as follows: 

15 ‘‘§ 60116. Community right-to-know and emergency 

16 preparedness 

17 ‘‘(a) PUBLIC EDUCATION PROGRAMS.— 

18 ‘‘(1) IN GENERAL.—Each owner or operator of 

19 a gas or hazardous liquid pipeline facility shall carry 

20 out a continuing program to educate the public on— 

21 ‘‘(A) the use of a one-call notification sys22 tem prior to excavation and other damage pre23 vention activities; 


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1 ‘‘(B) the possible hazards associated with 

2 unintended releases from the pipeline facility; 

3 and 

4 ‘‘(C) the physical indications that a release 

5 from a pipeline facility may have occurred, the 

6 steps that should be taken for public safety in 

7 the event of such a release, and how to report 

8 such a release. 

9 ‘‘(2) REVIEW AND MODIFICATION OF EXISTING

10 PROGRAMS.—Not later than 1 year after the date of 

11 enactment of the Safer Pipelines Act of 2019, each 

12 owner or operator of a gas or hazardous liquid pipe13 line facility shall— 

14 ‘‘(A) review its existing public education 

15 program for effectiveness, and modify the pro16 gram as necessary; and 

17 ‘‘(B) submit to the Secretary for review a 

18 detailed description of its public education pro19 gram, including any modifications made to the 

20 program under subparagraph (A). 

21 ‘‘(3) STANDARDS; MATERIAL.—The Secretary 

22 may— 

23 ‘‘(A) issue standards for public education 

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1 grams and modification of such programs as 

2 needed; and 

3 ‘‘(B) develop material for use in the pro4 grams. 

5 ‘‘(b) LIAISON WITH STATE AND LOCAL EMERGENCY

6 RESPONSE ENTITIES.— 

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

8 the date of enactment of the Safer Pipelines Act of 

9 2019, an operator of a gas or hazardous liquid pipe10 line facility shall establish liaison with— 

11 ‘‘(A) the State emergency response com12 mission established under section 301 of the 

13 Emergency Planning and Community Right-To14 Know Act of 1986 in each State in which the 

15 pipeline facility operates; and 

16 ‘‘(B) the local emergency planning com17 mittee established under such section in each 

18 emergency planning district in which the pipe19 line facility operates. 

20 ‘‘(2) AVAILABILITY OF INFORMATION.—Upon 

21 request, an operator of a gas or hazardous liquid 

22 pipeline facility shall make available to the applica23 ble State emergency response commissions and local 

24 emergency planning committees— 


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1 ‘‘(A) the information required to be main2 tained under section 60102(d); 

3 ‘‘(B) a copy of any integrity management 

4 program adopted by the operator under section 

5 60109; and 

6 ‘‘(C) information describing the implemen7 tation of the integrity management program 

8 and the risks that the program is designed to 

9 address. 

10 ‘‘(3) COMMUNITIES WITHOUT LOCAL EMER11 GENCY PLANNING COMMITTEES.—In a community 

12 for which a local emergency planning committee has 

13 not been established, the operator of a gas or haz14 ardous liquid pipeline facility shall liaise with the 

15 local fire, police, and other emergency response enti16 ties. 

17 ‘‘(c) PUBLIC AVAILABILITY OF REPORTS.—The Sec18 retary shall make available to the public— 

19 ‘‘(1) any safety-related condition report sub20 mitted by an operator under section 60102(h); and 

21 ‘‘(2) a report of a pipeline incident filed by an 

22 operator pursuant to this chapter. 

23 ‘‘(d) ACCESS TO INTEGRITY MANAGEMENT PROGRAM

24 INFORMATION.—The Secretary shall prescribe require25 ments for public access to information regarding integrity 


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1 management programs provided to a State authority pur2 suant to section 60109(c)(9)(C). 

3 ‘‘(e) AVAILABILITY OF MAPS.—The owner or oper4 ator of each interstate gas pipeline facility and interstate 

5 hazardous liquid pipeline facility shall— 

6 ‘‘(1) not later than 1 year after the date of en7 actment of this subsection, provide to each munici8 pality in which the pipeline facility is located a map 

9 identifying the location of such facility; and 

10 ‘‘(2) provide to each such municipality an up11 dated map not later than 6 months after any change 

12 to a location of such facility. 

13 ‘‘(f) PIPELINE SEGMENT REPORTS.— 

14 ‘‘(1) IN GENERAL.—Not later than 6 months 

15 after the date of enactment of the Safer Pipelines 

16 Act of 2019, and not less frequently than annually 

17 thereafter, each owner or operator of a gas or haz18 ardous liquid pipeline facility shall submit to the 

19 Secretary a report on pipeline segments of the facil20 ity in accordance with this subsection. 

21 ‘‘(2) CONTENTS OF REPORTS.—The owner or 

22 operator of a pipeline facility submitting a report 

23 under paragraph (1) shall include in the report the 

24 following information for each pipeline segment of 

25 the facility: 


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1 ‘‘(A) The business name, address, and tele2 phone number of the owner or operator. 

3 ‘‘(B) A summary description of the pipe4 line facility containing the pipeline segment, in5 cluding a general facility map and a description 

6 of any product the pipeline facility transports, 

7 the length of the facility, and origin and termi8 nation points. 

9 ‘‘(C) State and local emergency response 

10 liaison information. 

11 ‘‘(D) A description of periodic testing 

12 methods used on the pipeline segment and the 

13 frequency of such testing. 

14 ‘‘(E) A summary of the results of periodic 

15 testing of the pipeline segment pursuant to sec16 tion 60102, including any defects detected and 

17 actions taken to address the defects. 

18 ‘‘(F) A description of the leak detection 

19 system in use on the pipeline segment and its 

20 sensitivity. 

21 ‘‘(G) A 5-year incident history for the 

22 pipeline segment. 

23 ‘‘(H) An inspection and enforcement his24 tory for the pipeline segment. 


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1 ‘‘(I) If applicable, a summary of integrity 

2 management program activities under section 

3 60109(c)(3) related to the pipeline segment. 

4 ‘‘(3) AUTHORITY OF SECRETARY.—The Sec5 retary may modify or waive any of the information 

6 required to be included in a report under paragraph 

7 (2) for a pipeline facility if the Secretary determines 

8 that the inclusion of such information would pose a 

9 risk to the security of the pipeline facility. 

10 ‘‘(4) AVAILABILITY OF REPORTS.—The Sec11 retary shall make each report submitted under para12 graph (1) available to the public electronically. 

13 ‘‘(5) PIPELINE SEGMENT DEFINED.—In this 

14 subsection, the term ‘pipeline segment’ means— 

15 ‘‘(A) with respect to a gas pipeline facil16 ity— 

17 ‘‘(i) the length of pipeline between the 

18 origin and the first compressor station; 

19 ‘‘(ii) each length of pipeline between 

20 intermittent compressor stations; and 

21 ‘‘(iii) the length of pipeline between 

22 the final compressor station and the termi23 nation point; and 

24 ‘‘(B) with respect to a hazardous liquid 

25 pipeline facility— 


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1 ‘‘(i) the length of pipeline between the 

2 origin and the first pumping station; 

3 ‘‘(ii) each length of pipeline between 

4 intermittent pumping stations; and 

5 ‘‘(iii) the length of pipeline between 

6 the final pumping station and the termi7 nation point.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis for 

9 chapter 601 is amended by striking the item relating to 

10 section 60116 and inserting the following: 

‘‘60116. Community right-to-know and emergency preparedness.’’. 

11 SEC. 6. ACTIONS BY PRIVATE PERSONS. 

12 Section 60121 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(e) MANDAMUS.—A person may bring a civil action 

15 in an appropriate district court of the United States to 

16 compel the Secretary to perform a nondiscretionary duty 

17 under this chapter that the Secretary has failed to per18 form.’’. 

19 SEC. 7. CIVIL PENALTIES. 

20 Section 60122(a) of title 49, United States Code, is 

21 amended— 

22 (1) in paragraph (1), by striking ‘‘The max23 imum civil penalty under this paragraph for a re24 lated series of violations is $2,000,000.’’; 


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1 (2) in paragraph (2), by striking ‘‘$50,000’’ 

2 and inserting ‘‘$200,000’’; and 

3 (3) in paragraph (3), by striking ‘‘$1,000’’ and 

4 inserting ‘‘$200,000’’. 

5 SEC. 8. CRIMINAL PENALTIES. 

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

7 amended by striking ‘‘knowingly and willfully’’ each place 

8 it appears and inserting ‘‘knowingly or recklessly’’. 

9 SEC. 9. DIRECT HIRE AUTHORITY FOR PIPELINE AND HAZ10 ARDOUS MATERIALS SAFETY ADMINISTRA11 TION. 

12 (a) AUTHORITY.—The Administrator of the Pipeline 

13 and Hazardous Materials Safety Administration may ap14 point qualified candidates to positions described in sub15 section (b) without regard to sections 3309 through 3319 

16 of title 5, United States Code. 

17 (b) APPLICABILITY.—The authority under subsection 

18 (a) applies with respect to candidates for any position that 

19 would likely allow increased activities relating to pipeline 

20 safety, as determined by the Administrator. 

21 (c) TERMINATION.—The authority to make appoint22 ments under this section shall not be available after Sep23 tember 30, 2024. 


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1 SEC. 10. REPORT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, and annually thereafter through calendar year 

4 2023, the Administrator of the Pipeline and Hazardous 

5 Materials Safety Administration shall submit to Congress 

6 a report on the efforts of the Administration to hire 

7 women, minorities, and veterans as inspectors since Janu8 ary 1, 2012. 

Æ 


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