I 

114TH CONGRESS 

2D SESSION H. R. 5050 

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

transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2016 

Mr. UPTON (for himself, Mr. PALLONE, Mr. WHITFIELD, and 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 provide enhanced 

safety in pipeline transportation, 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; REFERENCES; TABLE OF CON4 TENTS. 

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

6 ‘‘Pipeline Safety Act of 2016’’. 

7 (b) REFERENCES TO TITLE 49, UNITED STATES

8 CODE.—Except as otherwise expressly provided, wherever 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5050 IH

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

2 of an amendment to, or repeal of, a section or other provi3 sion, the reference shall be considered to be made to a 

4 section or other provision of title 49, United States Code. 

5 (c) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

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

Sec. 2. Regulatory updates. 

Sec. 3. Statutory preference. 

Sec. 4. Integrity management review. 

Sec. 5. Technical safety standards committees. 

Sec. 6. Inspection report information. 

Sec. 7. Improving damage prevention technology. 

Sec. 8. Direct hire authority for Pipeline and Hazardous Materials Safety Administration. 

Sec. 9. Information-sharing system. 

Sec. 10. Nationwide integrated pipeline safety regulatory database. 

Sec. 11. Underground gas storage facilities. 

Sec. 12. Requirements for certain hazardous liquid pipeline facilities. 

Sec. 13. Response plans. 

Sec. 14. Unusually sensitive areas. 

Sec. 15. Emergency order authority. 

Sec. 16. Pipeline safety information grants to communities. 

Sec. 17. Transparency in interagency review. 

Sec. 18. Corrosion control review. 

Sec. 19. Authorization of appropriations. 

7 SEC. 2. REGULATORY UPDATES. 

8 (a) REPORTS.— 

9 (1) IN GENERAL.—The Secretary of Transpor10 tation shall submit reports to the Committee on 

11 Commerce, Science, and Transportation of the Sen12 ate and the Committees on Transportation and In13 frastructure and Energy and Commerce of the 

14 House of Representatives regarding the status of a 

15 final rule for each outstanding regulation. 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5050 IH

1 (2) DEADLINES.—The Secretary shall submit a 

2 report under this subsection not later than 120 days 

3 after the date of enactment of this Act, and every 

4 90 days thereafter until a final rule has been issued 

5 for each outstanding regulation described in sub6 section (c)(2)(A). 

7 (b) CONTENTS.—The Secretary shall include in each 

8 report submitted under subsection (a)— 

9 (1) a description of the work plan for each out10 standing regulation; 

11 (2) an updated rulemaking timeline for each 

12 outstanding regulation; 

13 (3) current staff allocations with respect to 

14 each outstanding regulation; 

15 (4) any resource constraints affecting the rule16 making process for each outstanding regulation; and 

17 (5) any other details associated with the devel18 opment of each outstanding regulation that affect 

19 the progress of the rulemaking process. 

20 (c) OUTSTANDING REGULATION DEFINED.—In this 

21 section, the term ‘‘outstanding regulation’’ means a regu22 lation relating to pipeline safety— 

23 (1) for which no final rule, including an interim 

24 final rule or direct final rule, has been issued; and 

25 (2) that— 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 5050 IH

1 (A) is required under— 

2 (i) the Pipeline Safety Regulatory 

3 Certainty and Job Creation Act of 2011 

4 (Public Law 112–90; 125 Stat. 1904); or 

5 (ii) any other law, for which more 

6 than 2 years have passed since the statu7 tory deadline for the regulation; or 

8 (B) is being developed under an authority 

9 not described in subparagraph (A), and is con10 sidered to be a significant regulatory action 

11 under Executive Order 12866. 

12 SEC. 3. STATUTORY PREFERENCE. 

13 The Administrator of the Pipeline and Hazardous 

14 Materials Safety Administration shall complete the rule15 making process for each outstanding regulation described 

16 in section 2(c)(2)(A) before beginning any new rulemaking 

17 process after the date of the enactment of this Act, except 

18 that the Administrator may begin such a new rulemaking 

19 process before completing the rulemaking process for each 

20 such outstanding regulation if the Secretary of Transpor21 tation determines, in the Secretary’s discretion, that there 

22 is a significant need to do so, and notifies Congress of 

23 such determination. 

24 SEC. 4. INTEGRITY MANAGEMENT REVIEW. 

25 (a) REPORTS.— 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 5050 IH

1 (1) NATURAL GAS INTEGRITY MANAGEMENT

2 REPORT.—Not later than 18 months after the date 

3 of publication of a final rule regarding the safety of 

4 gas transmission pipelines, relating to the advance 

5 notice of proposed rulemaking published by the Ad6 ministrator of the Pipeline and Hazardous Materials 

7 Safety Administration on August 25, 2011 (76 Fed. 

8 Reg. 53086), the Comptroller General of the United 

9 States shall submit to Congress a report regarding 

10 integrity management programs for natural gas 

11 pipeline facilities. 

12 (2) HAZARDOUS LIQUID INTEGRITY MANAGE13 MENT REPORT.—Not later than 18 months after the 

14 date of publication of a final rule regarding the safe15 ty of hazardous liquid pipelines, relating to the pro16 posed rule published by the Administrator of the 

17 Pipeline and Hazardous Materials Safety Adminis18 tration on October 13, 2015 (80 Fed. Reg. 61610), 

19 the Comptroller General of the United States shall 

20 submit to Congress a report regarding integrity 

21 management programs for hazardous liquid pipeline 

22 facilities. 

23 (b) CONTENTS.—The Comptroller General shall in24 clude— 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 5050 IH

1 (1) in the report submitted under subsection 

2 (a)(1), an analysis of the extent to which integrity 

3 management programs for natural gas pipeline fa4 cilities required under section 60109(c) of title 49, 

5 United States Code, have improved the safety of 

6 natural gas pipeline facilities; 

7 (2) in the report submitted under subsection 

8 (a)(2), an analysis of the extent to which hazardous 

9 liquid pipeline integrity management programs in 

10 areas identified pursuant to section 60109(a) of title 

11 49, United States Code, for operators of hazardous 

12 liquid pipeline facilities, as regulated under sections 

13 195.450 and 195.452 of title 49, Code of Federal 

14 Regulations, have improved the safety of hazardous 

15 liquid pipeline facilities; 

16 (3) in each report submitted under subsection 

17 (a), with respect to the applicable pipeline facili18 ties— 

19 (A) an analysis of, and recommendations 

20 regarding, ways to enhance pipeline facility 

21 safety, taking into consideration issues relating 

22 to technical, operational, and economic feasi23 bility; 

24 (B) a description of any challenges affect25 ing Federal or State regulators in their overVerDate Sep 11 2014 01:19 May 03, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 5050 IH

1 sight of integrity management programs and 

2 how those challenges are being addressed; and 

3 (C) a description of any challenges affect4 ing operators in complying with the require5 ments of integrity management programs, and 

6 how those challenges are being addressed. 

7 SEC. 5. TECHNICAL SAFETY STANDARDS COMMITTEES. 

8 Section 60115(b)(4)(A) is amended by striking 

9 ‘‘State commissioners. The Secretary shall consult with 

10 the national organization of State commissions before se11 lecting those 2 individuals.’’ and inserting ‘‘State officials. 

12 The Secretary shall consult with national organizations 

13 representing State commissioners or utility regulators 

14 when making a selection under this subparagraph.’’ 

15 SEC. 6. INSPECTION REPORT INFORMATION. 

16 Section 60108 is amended by adding at the end the 

17 following: 

18 ‘‘(e) IN GENERAL.—Not later than 30 days after the 

19 completion of a pipeline safety inspection, the Secretary 

20 or the State authority for which a certification is in effect 

21 under section 60105, as applicable, shall— 

22 ‘‘(1) conduct a post-inspection briefing with the 

23 operator of the pipeline facility, outlining any con24 cerns; and 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 5050 IH

1 ‘‘(2) to the extent practicable, provide written 

2 findings of the inspection, which may include a final 

3 report, notice of amendment of plans or procedures, 

4 safety order, or corrective action order, or any other 

5 applicable report, notice, or order.’’. 

6 SEC. 7. IMPROVING DAMAGE PREVENTION TECHNOLOGY. 

7 (a) STUDY AND REPORT.—Not later than 1 year 

8 after the date of the enactment of this Act, the Secretary 

9 of Transportation shall conduct a study on improving the 

10 requirements for damage prevention programs for pipeline 

11 facilities, and shall submit to the Committee on Com12 merce, Science, and Transportation of the Senate and the 

13 Committees on Transportation and Infrastructure and 

14 Energy and Commerce of the House of Representatives 

15 a report on the results of such study. 

16 (b) CONTENTS.—The Secretary shall include in the 

17 report submitted under subsection (a)— 

18 (1) an identification of any methods that could 

19 improve existing damage prevention programs 

20 through location and mapping practices or tech21 nologies to reduce unintended releases caused by ex22 cavation; 

23 (2) an analysis of how increased use of global 

24 positioning system digital mapping technologies, pre25 dictive analytic tools, public awareness initiatives 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 5050 IH

1 (including one-call initiatives), mobile devices, and 

2 other advanced technologies could supplement exist3 ing one-call notification and damage prevention pro4 grams to reduce the frequency and severity of inci5 dents caused by excavation damage; 

6 (3) an analysis of the feasibility of establishing 

7 a national data repository for pipeline excavation ac8 cident data to improve the storage and sharing of 

9 pipeline accident information; 

10 (4) an identification of opportunities for stake11 holder engagement in preventing excavation damage; 

12 and 

13 (5) recommendations, which take into consider14 ation technical, operational, and economic feasibility, 

15 regarding how to incorporate into existing damage 

16 prevention programs improvements identified or ana17 lyzed under paragraphs (1) through (4). 

18 SEC. 8. DIRECT HIRE AUTHORITY FOR PIPELINE AND HAZ19 ARDOUS MATERIALS SAFETY ADMINISTRA20 TION. 

21 (a) DIRECT HIRE AUTHORITY.— 

22 (1) AUTHORITY.—The Administrator of the 

23 Pipeline and Hazardous Materials Safety Adminis24 tration may appoint qualified candidates to positions 

25 described in paragraph (2) without regard to secVerDate Sep 11 2014 01:19 May 03, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 5050 IH

1 tions 3309 through 3319 of title 5, United States 

2 Code. 

3 (2) APPLICABILITY.—The authority under 

4 paragraph (1) applies with respect to candidates for 

5 any position that would likely allow increased activi6 ties relating to pipeline safety, as determined by the 

7 Administrator. 

8 (3) TERMINATION.—The authority to make ap9 pointments under this subsection shall not be avail10 able after December 31, 2019. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of enactment of this Act, and annually thereafter through 

13 calendar year 2019, the Administrator of the Pipeline and 

14 Hazardous Materials Safety Administration shall submit 

15 to Congress a report on— 

16 (1) the use of the authority granted under this 

17 section; and 

18 (2) efforts of the Administration to hire women, 

19 minorities, and veterans as inspectors. 

20 SEC. 9. INFORMATION-SHARING SYSTEM. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of Trans23 portation shall convene a working group to consider the 

24 development of a voluntary information-sharing system to 

25 encourage collaborative efforts to improve inspection inforVerDate Sep 11 2014 01:19 May 03, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 5050 IH

1 mation feedback and information sharing with the purpose 

2 of improving natural gas and hazardous liquid pipeline fa3 cility risk assessment and integrity management. 

4 (b) MEMBERSHIP.—The working group convened 

5 under subsection (a) shall include representatives from— 

6 (1) the Pipeline and Hazardous Materials Safe7 ty Administration; 

8 (2) industry stakeholders, including operators 

9 of pipeline facilities, inspection technology vendors, 

10 and pipeline inspection organizations; 

11 (3) safety advocacy groups; 

12 (4) research institutions; 

13 (5) State public utility commissions or State of14 ficials responsible for pipeline safety oversight; 

15 (6) State pipeline safety inspectors; and 

16 (7) labor representatives. 

17 (c) CONSIDERATIONS.—The working group convened 

18 under subsection (a) shall consider and provide rec19 ommendations, if applicable, to the Secretary regarding— 

20 (1) the management of proprietary or security21 sensitive information, specific incident response re22 sources, and information relating to a worst case 

23 discharge; 

24 (2) the need for, and the identification of, a 

25 system to ensure that data gathered from field 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 5050 IH

1 verification of pipeline integrity is shared with in-line 

2 inspection operators; 

3 (3) actions to encourage or facilitate the ex4 change of pipeline inspection information and pro5 mote the development of advanced pipeline inspec6 tion technologies and risk assessment methodologies; 

7 and 

8 (4) regulatory, funding, and legal barriers to in9 formation sharing. 

10 (d) PUBLICATION.—The Secretary shall publish the 

11 recommendations provided under subsection (c) on a pub12 licly available website. 

13 SEC. 10. NATIONWIDE INTEGRATED PIPELINE SAFETY REG14 ULATORY DATABASE. 

15 (a) REPORT.—Not later than 18 months after the 

16 date of the enactment of this Act, the Secretary of Trans17 portation shall submit a report to Congress on the feasi18 bility of establishing a national integrated pipeline safety 

19 regulatory inspection database to improve communication 

20 and collaboration between the Pipeline and Hazardous 

21 Materials Safety Administration and State pipeline regu22 lators. 

23 (b) CONTENTS.—The report submitted under sub24 section (a) shall include— 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•HR 5050 IH

1 (1) a description of any efforts underway to test 

2 a secure information-sharing system for the purpose 

3 described in subsection (a); 

4 (2) a description of any progress in establishing 

5 common standards for maintaining, collecting, and 

6 presenting pipeline safety regulatory inspection data, 

7 and a methodology for the sharing of such data; 

8 (3) a description of any inadequacies or gaps in 

9 data relating to Federal inspections, enforcement ac10 tions, geospatial information, or any other relevant 

11 pipeline safety regulatory information; 

12 (4) a description of the potential safety benefits 

13 of a national integrated pipeline safety regulatory in14 spection database; and 

15 (5) recommendations for how to implement a 

16 secure information-sharing system that protects pro17 prietary and security-sensitive information and data 

18 for the purpose described in subsection (a). 

19 (c) CONSULTATION.—In preparing the report under 

20 subsection (a), the Secretary shall consult with stake21 holders, including each State authority operating under a 

22 certification to regulate intrastate pipelines under section 

23 60105 of title 49, United States Code. 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•HR 5050 IH

1 SEC. 11. UNDERGROUND GAS STORAGE FACILITIES. 

2 (a) DEFINED TERM.—Section 60101(a) is amend3 ed— 

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

5 the end and inserting a semicolon; 

6 (2) in paragraph (22), by striking the period at 

7 the end and inserting a semicolon; 

8 (3) in paragraph (24), by striking ‘‘and’’ at the 

9 end; 

10 (4) in paragraph (25), by striking the period at 

11 the end and inserting ‘‘; and’’ ; and 

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

13 ‘‘(26) ‘underground gas storage facility’ means 

14 a gas pipeline facility that stores gas in an under15 ground facility, including— 

16 ‘‘(A) a depleted hydrocarbon reservoir; 

17 ‘‘(B) an aquifer reservoir; or 

18 ‘‘(C) a solution-mined salt cavern res19 ervoir.’’. 

20 (b) STANDARDS FOR UNDERGROUND GAS STORAGE

21 FACILITIES.—Chapter 601 is amended by inserting after 

22 section 60103 the following: 

23 ‘‘§ 60103a. Standards for underground gas storage fa24 cilities 

25 ‘‘(a) MINIMUM SAFETY STANDARDS.—Not later than 

26 2 years after the date of the enactment of this section, 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•HR 5050 IH

1 the Secretary of Transportation, in consultation with the 

2 heads of other relevant Federal agencies, shall issue min3 imum safety standards, incorporating, to the extent prac4 ticable, consensus standards for the operation and integ5 rity management of, and environmental protection with re6 spect to, underground gas storage facilities. 

7 ‘‘(b) CONSIDERATIONS.—In developing safety stand8 ards under subsection (a), the Secretary shall— 

9 ‘‘(1) consider the economic impacts of the 

10 standards on consumers, including individual gas 

11 customers, and minimize such impacts to the extent 

12 practicable; and 

13 ‘‘(2) consider existing consensus standards. 

14 ‘‘(c) FEDERAL-STATE COOPERATION.—The Sec15 retary may authorize a State authority (including a mu16 nicipality) to participate in the oversight of underground 

17 gas storage facilities in the same manner as provided in 

18 sections 60105 and 60106. 

19 ‘‘(d) RULES OF CONSTRUCTION.— 

20 ‘‘(1) IN GENERAL.—Nothing in this section 

21 may be construed to affect any Federal regulation 

22 relating to gas pipeline facilities that is in effect on 

23 the day before the date of enactment of this section. 

24 ‘‘(2) LIMITATIONS.—Nothing in this section 

25 may be construed to authorize the Secretary— 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•HR 5050 IH

1 ‘‘(A) to prescribe the location of an under2 ground gas storage facility; or 

3 ‘‘(B) to require the Secretary’s permission 

4 to construct an underground gas storage facil5 ity.’’. 

6 (c) USER FEES.—Section 60301 is amended— 

7 (1) in subsection (b), by inserting ‘‘an under8 ground gas storage facility,’’ before ‘‘or a hazardous 

9 liquid pipeline facility’’; 

10 (2) in subsection (d)(1)— 

11 (A) in subparagraph (A), by striking ‘‘; 

12 and’’ and inserting a semicolon; and 

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

14 ‘‘(C) related to an underground gas storage fa15 cility may be used only for an activity related to un16 derground gas storage safety under section 60103a; 

17 and’’; and 

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

19 ‘‘(f) UNDERGROUND GAS STORAGE FACILITY AC20 COUNT.— 

21 ‘‘(1) ACCOUNT.—There is established, in the 

22 fund established in the Treasury of the United 

23 States pursuant to this section, an underground gas 

24 storage facility safety account. 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•HR 5050 IH

1 ‘‘(2) DEPOSIT OF FEES.—A fee collected under 

2 subsection (a) from a person operating an under3 ground gas storage facility shall be deposited in the 

4 account established under paragraph (1).’’. 

5 (d) CLERICAL AMENDMENT.—The table of sections 

6 for chapter 601 is amended by inserting after the item 

7 relating to section 60103 the following: 

‘‘60103a. Standards for underground gas storage facilities.’’. 

8 SEC. 12. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQ9 UID PIPELINE FACILITIES. 

10 Section 60109 is amended by adding at the end the 

11 following: 

12 ‘‘(g) HAZARDOUS LIQUID PIPELINE FACILITIES.— 

13 ‘‘(1) INTEGRITY ASSESSMENTS.—Notwith14 standing any pipeline integrity management program 

15 or integrity assessment schedule otherwise required 

16 by the Secretary, each operator of a pipeline facility 

17 to which this subsection applies shall ensure that 

18 pipeline integrity assessments— 

19 ‘‘(A) using internal inspection technology 

20 are completed not less often than once every 12 

21 months; and 

22 ‘‘(B) using pipeline route surveys, depth of 

23 cover surveys, pressure tests, external corrosion 

24 direct assessment, or other technology that the 

25 operator demonstrates can further the underVerDate Sep 11 2014 01:19 May 03, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

SSpencer on DSK4SPTVN1PROD with BILLS
18 

•HR 5050 IH

1 standing of the condition of the pipeline facility 

2 are completed on a schedule based on the risk 

3 that the pipeline facility poses to the high con4 sequence area in which the pipeline facility is 

5 located. 

6 ‘‘(2) APPLICATION.—This subsection shall 

7 apply to any underwater hazardous liquid pipeline 

8 facility located in a high consequence area— 

9 ‘‘(A) that is not an offshore pipeline facil10 ity; and 

11 ‘‘(B) any portion of which is located at 

12 depths greater than 150 feet under the surface 

13 of the water. 

14 ‘‘(3) HIGH CONSEQUENCE AREA DEFINED.— 

15 For purposes of this subsection, the term ‘high con16 sequence area’ has the meaning given that term in 

17 section 195.450 of title 49, Code of Federal Regula18 tions. 

19 ‘‘(4) INSPECTION AND ENFORCEMENT.—The 

20 Secretary shall conduct inspections under section 

21 60117(c) to determine whether each operator of a 

22 pipeline facility to which this subsection applies is 

23 complying with this section.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•HR 5050 IH

1 SEC. 13. RESPONSE PLANS. 

2 The Administrator of the Pipeline and Hazardous 

3 Materials Safety Administration shall require, and each 

4 operator of a pipeline facility shall ensure, that any re5 sponse plan under part 194 of title 49, Code of Federal 

6 Regulations, includes procedures and a list of resources 

7 for responding, to the extent practicable, to a worst case 

8 discharge of oil and to a substantial threat of such a dis9 charge, including when such discharge may impact navi10 gable waters or adjoining shorelines that may be covered 

11 in whole or in part by ice. 

12 SEC. 14. UNUSUALLY SENSITIVE AREAS. 

13 Section 60109(b)(2) is amended by striking ‘‘have 

14 been identified as’’ and inserting ‘‘that are part of the 

15 Great Lakes or have been identified as coastal beaches,’’. 

16 SEC. 15. EMERGENCY ORDER AUTHORITY. 

17 Section 60117 of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(o) EMERGENCY ORDER AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—If the Secretary determines 

21 that a violation of a provision of this chapter, or a 

22 regulation issued pursuant to this chapter, or an un23 safe condition or practice, or a combination of un24 safe conditions and practices, constitutes or is caus25 ing an imminent hazard, the Secretary may impose 

26 emergency restrictions, prohibitions, and safety 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•HR 5050 IH

1 measures by issuing an emergency order described in 

2 paragraph (3) without prior notice or an opportunity 

3 for a hearing, but only to the extent necessary to 

4 abate the imminent hazard. 

5 ‘‘(2) CONSIDERATIONS.—Before issuing an 

6 emergency order under paragraph (1), the Secretary 

7 shall consider, after consultation with appropriate 

8 Federal agencies, State agencies, or other entities, 

9 the following, as appropriate: 

10 ‘‘(A) The impact of the emergency order 

11 on public health and safety. 

12 ‘‘(B) The impact, if any, of the emergency 

13 order on the national or regional economy or 

14 national security. 

15 ‘‘(C) The impact of the emergency order 

16 on owners and operators of pipeline facilities. 

17 ‘‘(3) WRITTEN ORDER.—An emergency order 

18 issued by the Secretary pursuant to paragraph (1) 

19 with respect to an imminent hazard shall contain a 

20 written description of— 

21 ‘‘(A) the violation, condition, or practice 

22 that constitutes or is causing the imminent haz23 ard; 

24 ‘‘(B) the entities subject to the order; 


SSpencer on DSK4SPTVN1PROD with BILLS
21 

•HR 5050 IH

1 ‘‘(C) the restrictions, prohibitions, or safe2 ty measures imposed; 

3 ‘‘(D) the standards and procedures for ob4 taining relief from the order; 

5 ‘‘(E) how the order is tailored to abate the 

6 imminent hazard and the reasons the authori7 ties under section 60112 and 60117(l) are in8 sufficient to do so; and 

9 ‘‘(F) how the considerations were taken 

10 into account pursuant to subsection (2). 

11 ‘‘(4) OPPORTUNITY FOR REVIEW.—Upon re12 ceipt of a petition for review from an entity subject 

13 to, and adversely affected by, an emergency order 

14 issued under this subsection, the Secretary shall pro15 vide an opportunity for a review of the order under 

16 section 554 of title 5 to determine whether the order 

17 should remain in effect, be modified, or be termi18 nated. 

19 ‘‘(5) EXPIRATION OF EFFECTIVENESS

20 ORDER.—If a petition for review of an emergency 

21 order is filed under paragraph (4) and an agency de22 cision with respect to the petition is not issued on 

23 or before the last day of the 30-day period beginning 

24 on the date on which the petition is filed, the order 

25 shall cease to be effective on such day, unless the 


SSpencer on DSK4SPTVN1PROD with BILLS
22 

•HR 5050 IH

1 Secretary determines in writing on or before the last 

2 day of such period that the imminent hazard still ex3 ists. 

4 ‘‘(6) JUDICIAL REVIEW OF ORDERS.—After 

5 completion of the review process described in para6 graph (4) or the issuance of a written determination 

7 by the Secretary pursuant to paragraph (5), an enti8 ty subject to, and adversely affected by, an emer9 gency order issued under this subsection may seek 

10 judicial review of the order in a district court of the 

11 United States and shall be given expedited consider12 ation. 

13 ‘‘(7) REGULATIONS.— 

14 ‘‘(A) TEMPORARY REGULATIONS.—Not 

15 later than 60 days after the date of enactment 

16 of the Pipeline Safety Act of 2016, the Sec17 retary shall issue such temporary regulations as 

18 are necessary to carry out this subsection. The 

19 temporary regulations shall expire on the date 

20 of issuance of the final regulations required 

21 under subparagraph (B). 

22 ‘‘(B) FINAL REGULATIONS.—Not later 

23 than 270 days after such date of enactment, 

24 the Secretary shall issue such regulations as are 

25 necessary to carry out this subsection. Such 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

•HR 5050 IH

1 regulations shall ensure that the review process 

2 described in paragraph (4) is consistent with 

3 the review process developed under section 

4 109.19 of title 49, Code of Federal Regulations, 

5 to the greatest extent practicable and not incon6 sistent with this section. 

7 ‘‘(8) IMMINENT HAZARD DEFINED.—In this 

8 subsection, the term ‘imminent hazard’ means the 

9 existence of a condition relating to a gas or haz10 ardous liquid pipeline facility that presents— 

11 ‘‘(A) a substantial likelihood that death, 

12 serious illness, or severe personal injury may 

13 occur; or 

14 ‘‘(B) a substantial endangerment to health, 

15 property, or the environment. 

16 ‘‘(9) LIMITATION AND SAVINGS CLAUSE.—An 

17 emergency order issued under this subsection may 

18 not be construed to— 

19 ‘‘(A) alter, amend, or limit the Secretary’s 

20 obligations under, or the applicability of, section 

21 553 of title 5; or 

22 ‘‘(B) provide the authority to amend the 

23 Code of Federal Regulations.’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
24 

•HR 5050 IH

1 SEC. 16. PIPELINE SAFETY INFORMATION GRANTS TO COM2 MUNITIES. 

3 (a) AUDIT.—Not later than 1 year after the date of 

4 enactment of this Act, the Inspector General of the De5 partment of Transportation shall submit to Congress a re6 port containing— 

7 (1) an audit of recipients of a grant under sec8 tion 60130 of title 49, United States Code, with re9 spect to such grants; and 

10 (2) a review of compliance with such section by 

11 such grant recipients and the Secretary of Transpor12 tation. 

13 (b) PUBLIC PARTICIPATION LIMITATION.—Section 

14 60130(a)(4) is amended by inserting ‘‘on technical pipe15 line safety issues’’ after ‘‘public participation’’. 

16 SEC. 17. TRANSPARENCY IN INTERAGENCY REVIEW. 

17 Section 60102(b) is amended by redesignating para18 graph (7) as paragraph (8) and inserting after paragraph 

19 (6) the following: 

20 ‘‘(7) TRANSPARENCY IN INTERAGENCY RE21 VIEW.—For any standard that is proposed or issued 

22 by rule under this chapter, and which is reviewed by 

23 the Office of Management and Budget and subse24 quently noticed in the Federal Register, the Sec25 retary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
25 

•HR 5050 IH

1 ‘‘(A) make available to the public the fac2 tors considered under paragraph (2) and the re3 sults of the risk assessment conducted in ac4 cordance with paragraph (3), as applicable; 

5 ‘‘(B) identify for the public, in a complete, 

6 clear, and simple manner, the substantive 

7 changes between the draft submitted to the Of8 fice of Management and Budget for review and 

9 the proposed or final rule subsequently noticed; 

10 and 

11 ‘‘(C) identify for the public the changes de12 scribed in subparagraph (B) that were made at 

13 the suggestion or the recommendation of the 

14 Office of Management and Budget.’’. 

15 SEC. 18. CORROSION CONTROL REVIEW. 

16 (a) IN GENERAL.—Not later than 18 months after 

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

18 of the United States shall submit to Congress a report 

19 on corrosion control for gas and hazardous liquid pipeline 

20 facilities. 

21 (b) REQUIREMENTS.—The Comptroller General shall 

22 include in the report under subsection (a)— 

23 (1) an analysis of corrosion control require24 ments for gas and hazardous liquid pipeline facili25 ties; 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

•HR 5050 IH

1 (2) a review of— 

2 (A) common causes of corrosion, including 

3 interior and exterior moisture buildup and the 

4 impacts of moisture buildup under insulation; 

5 (B) corrosion control techniques; 

6 (C) best practices relating to pipeline facil7 ity design, installation, operation, and mainte8 nance, including training to recognize or pre9 vent corrosion; and 

10 (D) the cost and benefits, including safety 

11 benefits, associated with the use of such tech12 niques and best practices; 

13 (3) an evaluation of the effectiveness of corro14 sion control techniques, including pipeline coatings 

15 and cathodic protection; and 

16 (4) recommendations on ways to improve corro17 sion control and reduce the incidence of corrosion-re18 lated pipeline failures. 

19 SEC. 19. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) GAS AND HAZARDOUS LIQUID.—Section 

21 60125(a) is amended— 

22 (1) in paragraph (1), by striking ‘‘there is au23 thorized to be appropriated to the Department of 

24 Transportation for each of fiscal years 2012 through 

25 2015, from fees collected under section 60301, 


SSpencer on DSK4SPTVN1PROD with BILLS
27 

•HR 5050 IH

1 $90,679,000, of which $4,746,000 is for carrying 

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

3 grants.’’ and inserting the following: ‘‘there are au4 thorized to be appropriated to the Department of 

5 Transportation from fees collected under section 

6 60301— 

7 ‘‘(A) $128,000,000 for fiscal year 2017, of 

8 which $9,000,000 shall be expended for car9 rying out such section 12 and $41,885,000 

10 shall be expended for making grants; 

11 ‘‘(B) $131,000,000 for fiscal year 2018, of 

12 which $9,000,000 shall be expended for car13 rying out such section 12 and $44,885,000 

14 shall be expended for making grants; 

15 ‘‘(C) $134,000,000 for fiscal year 2019, of 

16 which $9,000,000 shall be expended for car17 rying out such section 12 and $47,885,000 

18 shall be expended for making grants; 

19 ‘‘(D) $137,325,000 for fiscal year 2020, of 

20 which $9,000,000 shall be expended for car21 rying out such section 12 and $51,100,000 

22 shall be expended for making grants; and 

23 ‘‘(E) $140,733,000 for fiscal year 2021, of 

24 which $9,000,000 shall be expended for carVerDate Sep 11 2014 01:19 May 03, 2016 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5050.IH H5050

SSpencer on DSK4SPTVN1PROD with BILLS
28 

•HR 5050 IH

1 rying out such section 12 and $54,550,000 

2 shall be expended for making grants.’’; and 

3 (2) in paragraph (2), by striking ‘‘there is au4 thorized to be appropriated for each of fiscal years 

5 2012 through 2015 from the Oil Spill Liability 

6 Trust Fund to carry out the provisions of this chap7 ter related to hazardous liquid and section 12 of the 

8 Pipeline Safety Improvement Act of 2002 (49 

9 U.S.C. 60101 note; Public Law 107–355), 

10 $18,573,000, of which $2,174,000 is for carrying 

11 out such section 12 and $4,558,000 is for making 

12 grants.’’ and inserting the following: ‘‘there are au13 thorized to be appropriated from the Oil Spill Liabil14 ity Trust Fund to carry out the provisions of this 

15 chapter related to hazardous liquid and section 12 of 

16 the Pipeline Safety Improvement Act of 2002 (49 

17 U.S.C. 60101 note; Public Law 107–355)— 

18 ‘‘(A) $22,123,000 for fiscal year 2017, of 

19 which $3,000,000 shall be expended for car20 rying out such section 12 and $8,067,000 shall 

21 be expended for making grants; 

22 ‘‘(B) $23,000,000 for fiscal year 2018, of 

23 which $3,000,000 shall be expended for car24 rying out such section 12 and $8,067,000 shall 

25 be expended for making grants; 


SSpencer on DSK4SPTVN1PROD with BILLS
29 

•HR 5050 IH

1 ‘‘(C) $23,000,000 for fiscal year 2019, of 

2 which $3,000,000 shall be expended for car3 rying out such section 12 and $8,067,000 shall 

4 be expended for making grants; 

5 ‘‘(D) $23,300,000 for fiscal year 2020, of 

6 which $3,000,000 shall be expended for car7 rying out such section 12 and $8,067,000 shall 

8 be expended for making grants; and 

9 ‘‘(E) $23,600,000 for fiscal year 2021, of 

10 which $3,000,000 shall be expended for car11 rying out such section 12 and $8,067,000 shall 

12 be expended for making grants.’’. 

13 (b) OPERATIONAL EXPENSES.—There are authorized 

14 to be appropriated to the Secretary for the necessary oper15 ational expenses of the Pipeline and Hazardous Materials 

16 Safety Administration the following amounts: 

17 (1) $22,000,000 for fiscal year 2017. 

18 (2) $22,000,000 for fiscal year 2018. 

19 (3) $23,000,000 for fiscal year 2019. 

20 (4) $23,000,000 for fiscal year 2020. 

21 (5) $24,000,000 for fiscal year 2021. 

22 (c) ONE-CALL NOTIFICATION PROGRAMS.— 

23 (1) IN GENERAL.—Section 6107(a) is amended 

24 to read as follows: 


SSpencer on DSK4SPTVN1PROD with BILLS
30 

•HR 5050 IH

1 ‘‘§ 6107. Funding 

2 ‘‘Of the amounts provided under section 60125(a)(1), 

3 $1,058,000 shall be expended in each of fiscal years 2017 

4 through 2021 to provide grants to States under section 

5 6106.’’. 

6 (2) CLERICAL AMENDMENT.—The analysis for 

7 chapter 61 is amended by striking the item relating 

8 to section 6107 and inserting the following: 

‘‘6107. Funding.’’. 

9 (d) PIPELINE SAFETY INFORMATION GRANTS TO

10 COMMUNITIES.—Section 60130(c) is amended to read as 

11 follows: 

12 ‘‘(c) FUNDING.—Of the amounts made available 

13 under section 19(b) of the Pipeline Safety Act of 2016, 

14 $1,500,000 shall be expended in each of fiscal years 2017 

15 through 2021 to carry out this section. Such amounts 

16 shall not be derived from user fees collected under section 

17 60301.’’. 

18 (e) PIPELINE INTEGRITY PROGRAM.—Section 12(f) 

19 of the Pipeline Safety Improvement Act of 2002 (49 

20 U.S.C. 60101 note) is amended by striking ‘‘2012 through 

21 2015’’ and inserting ‘‘2017 through 2021’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS