I 

114TH CONGRESS 

2D SESSION H. R. 4937 

To amend title 49, United States Code, to reauthorize pipeline safety 

programs and enhance pipeline safety, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2016 

Mr. DENHAM (for himself, Mr. CAPUANO, Mr. SHUSTER, and Mr. DEFAZIO) 

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 reauthorize pipeline safety programs and enhance pipeline safety, 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; REF4 ERENCES. 

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

6 ‘‘Protecting our Infrastructure of Pipelines and Enhanc7 ing Safety Act of 2016’’ or the ‘‘PIPES Act of 2016’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 4937 IH

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

2 this Act is as follows: 

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

Sec. 2. Authorization of appropriations. 

Sec. 3. Failure of PHMSA to implement statutory mandates. 

Sec. 4. Natural gas integrity management review. 

Sec. 5. Hazardous liquid integrity management review. 

Sec. 6. Technical safety standards committees. 

Sec. 7. Inspection report information. 

Sec. 8. Improving damage prevention technology. 

Sec. 9. Workforce management. 

Sec. 10. Information-sharing system. 

Sec. 11. Nationwide integrated pipeline safety regulatory database. 

Sec. 12. Underground natural gas storage facilities. 

Sec. 13. Joint inspection and oversight. 

Sec. 14. Safety data sheets. 

Sec. 15. Hazardous materials identification numbers. 

Sec. 16. Emergency order authority. 

Sec. 17. State grant funds. 

Sec. 18. Response plans. 

Sec. 19. High consequence areas. 

Sec. 20. Pipeline safety technical assistance grants. 

Sec. 21. Study of materials and corrosion prevention in pipeline transportation. 

3 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) GAS AND HAZARDOUS LIQUID.—Section 

5 60125(a) of title 49, United States Code is amended— 

6 (1) in paragraph (1) by striking ‘‘there is au7 thorized to be appropriated to the Department of 

8 Transportation for each of fiscal years 2012 through 

9 2015, from fees collected under section 60301, 

10 $90,679,000, of which $4,746,000 is for carrying 

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

12 grants.’’ and inserting the following: ‘‘there is au13 thorized to be appropriated to the Department of 

14 Transportation from fees collected under sections 

15 60301 and 60302— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 4937 IH

1 ‘‘(A) $124,500,000 for fiscal year 2016, of 

2 which $9,000,000 shall be expended for car3 rying out such section 12 and $39,385,000 

4 shall be expended for making grants; 

5 ‘‘(B) $128,000,000 for fiscal year 2017 of 

6 which $9,000,000 shall be expended for car7 rying out such section 12 and $41,885,000 

8 shall be expended for making grants; 

9 ‘‘(C) $131,000,000 for fiscal year 2018, of 

10 which $9,000,000 shall be expended for car11 rying out such section 12 and $44,885,000 

12 shall be expended for making grants; and 

13 ‘‘(D) $134,000,000 for fiscal year 2019, of 

14 which $9,000,000 shall be expended for car15 rying out such section 12 and $47,885,000 

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

17 (2) in paragraph (2) by striking ‘‘there is au18 thorized to be appropriated for each of fiscal years 

19 2012 through 2015 from the Oil Spill Liability 

20 Trust Fund to carry out the provisions of this chap21 ter related to hazardous liquid and section 12 of the 

22 Pipeline Safety Improvement Act of 2002 (49 

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

24 $18,573,000, of which $2,174,000 is for carrying 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
4 

•HR 4937 IH

1 grants.’’ and inserting the following: ‘‘there is au2 thorized to be appropriated from the Oil Spill Liabil3 ity Trust Fund to carry out the provisions of this 

4 chapter related to hazardous liquid and section 12 of 

5 the Pipeline Safety Improvement Act of 2002 (49 

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

7 ‘‘(A) $22,123,000 for fiscal year 2016, of 

8 which $3,000,000 shall be expended for car9 rying out such section 12 and $8,067,000 shall 

10 be expended for making grants; 

11 ‘‘(B) $22,123,000 for fiscal year 2017, of 

12 which $3,000,000 shall be expended for car13 rying out such section 12 and $8,067,000 shall 

14 be expended for making grants; 

15 ‘‘(C) $23,000,000 for fiscal year 2018, of 

16 which $3,000,000 shall be expended for car17 rying out such section 12 and $8,067,000 shall 

18 be expended for making grants; and 

19 ‘‘(D) $23,000,000 for fiscal year 2019, of 

20 which $3,000,000 shall be expended for car21 rying out such section 12 and $8,067,000 shall 

22 be expended for making grants.’’. 

23 (b) OPERATIONAL EXPENSES.—There are authorized 

24 to be appropriated to the Secretary for the necessary operVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
5 

•HR 4937 IH

1 ational expenses of the Pipeline and Hazardous Materials 

2 Safety Administration the following amounts: 

3 (1) $21,000,000 for fiscal year 2016; 

4 (2) $22,000,000 for fiscal year 2017; 

5 (3) $22,000,000 for fiscal year 2018; and 

6 (4) $23,000,000 for fiscal year 2019. 

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

8 6107(a) of title 49, United States Code, is amended to 

9 read as follows: ‘‘Of the amounts provided under section 

10 60125(a)(1), the Secretary shall withhold $1,058,000 for 

11 each of fiscals years 2016 through 2019 to carry out this 

12 section.’’. 

13 (d) PIPELINE SAFETY INFORMATION GRANTS TO

14 COMMUNITIES.—The first sentence of section 60130(c) of 

15 title 49, United States Code, is amended to read as fol16 lows: ‘‘Of the amounts made available under section 2(b) 

17 of the PIPES Act of 2016, the Secretary shall withhold 

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

19 to carry out this section.’’ 

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

21 of the Pipeline Safety Improvement Act of 2002 (49 

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

23 2015’’ and inserting ‘‘2016 through 2019’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
6 

•HR 4937 IH

1 SEC. 3. FAILURE OF PHMSA TO IMPLEMENT STATUTORY 

2 MANDATES. 

3 (a) REPORT BY THE INSPECTOR GENERAL.—Not 

4 later than 45 days after the date of enactment of this Act, 

5 the Inspector General of the Department of Transpor6 tation shall submit to the Secretary of Transportation, the 

7 Administrator of the Pipeline and Hazardous Materials 

8 Safety Administration, the Committee on Transportation 

9 and Infrastructure and the Committee on Energy and 

10 Commerce of the House of Representatives, and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report containing the following: 

13 (1) A list of each statutory mandate contained 

14 in the Pipeline Safety, Regulatory Certainty, and 

15 Job Creation Act of 2011 (Public Law 112–90) that 

16 has not been implemented. 

17 (2) A list of each statutory mandate regarding 

18 pipeline safety from this Act and all other Acts en19 acted prior to the date of enactment of this Act, 

20 other than those contained in the Pipeline Safety, 

21 Regulatory Certainty, and Job Creation Act of 2011 

22 (Public Law 112–90), that has not been imple23 mented. 

24 (b) REPORTS BY THE SECRETARY.— 

25 (1) STATUTORY MANDATES.—Not later than 90 

26 days after the date of enactment of this Act, and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
7 

•HR 4937 IH

1 every 60 days thereafter until each of the mandates 

2 listed pursuant to subsection (a) has been imple3 mented, the Secretary shall submit to the Committee 

4 on Transportation and Infrastructure and the Com5 mittee on Energy and Commerce of the House of 

6 Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report 

8 on the specific actions taken to implement such 

9 mandates. 

10 (2) PUBLIC AVAILABILITY.—The Secretary 

11 shall make the report referred to in paragraph (1) 

12 publicly available on the Department of Transpor13 tation’s Internet Web site. 

14 (3) CONTENTS OF REPORTS.—The reports shall 

15 provide, for each mandate listed pursuant to sub16 section (a)— 

17 (A) a description of the mandate; 

18 (B) the deadline imposed for the mandate; 

19 (C) the status of the implementation of the 

20 mandate; 

21 (D) a detailed explanation of the reasons 

22 the mandate has not been implemented, includ23 ing a description of any actions taken by the 

24 Administrator of the Pipeline and Hazardous 

25 Materials Safety Administration, the Office of 


asabaliauskas on DSK3SPTVN1PROD with BILLS
8 

•HR 4937 IH

1 the Secretary, or the Office of Management and 

2 Budget that delayed implementation of the 

3 mandate; 

4 (E) an estimated completion date for the 

5 mandate; 

6 (F) the specific date on which any draft, 

7 interim, or final guidance, advisory, report, ad8 vance notice of proposed rulemaking, notice of 

9 proposed rulemaking, final rule, or other docu10 ment required to implement the mandate was 

11 sent to the Secretary by the Administrator for 

12 review and subsequently transmitted by the 

13 Secretary or the Administrator to the Office of 

14 Management and Budget; 

15 (G) a description of each concern with a 

16 document described under subparagraph (F) 

17 raised by the Secretary or the Office of Man18 agement and Budget; and 

19 (H) the date and reasons the Secretary or 

20 the Office of Management and Budget re21 quested any extension on acting on the man22 date, including an extension authorized by Ex23 ecutive Order 12866. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
9 

•HR 4937 IH

1 SEC. 4. NATURAL GAS INTEGRITY MANAGEMENT REVIEW. 

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

3 publication of a final rule regarding the safety of gas 

4 transmission pipelines related to the notice of proposed 

5 rulemaking issued on April 8, 2016, titled ‘‘Pipeline Safe6 ty: Safety of Gas Transmission and Gathering Pipelines’’ 

7 (81 Fed. Reg. 20721), the Comptroller General of the 

8 United States shall submit to the Committee on Transpor9 tation and Infrastructure and the Committee on Energy 

10 and Commerce of the House of Representatives and the 

11 Committee on Commerce, Science, and Transportation of 

12 the Senate a report regarding the natural gas integrity 

13 management programs required under section 60109(c) of 

14 title 49, United States Code. 

15 (b) CONTENTS.—The report required under sub16 section (a) shall include— 

17 (1) an analysis of the extent to which the nat18 ural gas integrity management programs required 

19 under section 60109(c) of title 49, United States 

20 Code, have improved the safety of natural gas trans21 mission pipeline facilities; 

22 (2) an analysis and recommendations, taking 

23 into consideration technical, operational, and eco24 nomic feasibility, regarding changes to the programs 

25 to improve safety, prevent inadvertent releases from 

26 pipelines, and mitigate any adverse consequences of 


asabaliauskas on DSK3SPTVN1PROD with BILLS
10 

•HR 4937 IH

1 an inadvertent release, including changes to the defi2 nition of high consequence area, or expanding integ3 rity management beyond high consequence areas; 

4 (3) a review of the benefits, including safety 

5 benefits, and cost effectiveness of the legacy class lo6 cation regulations; 

7 (4) an analysis of, and recommendations re8 garding, what impact pipeline features and condi9 tions, including the age, condition, materials, and 

10 construction of a pipeline, have on safety and risk 

11 analysis of a particular pipeline; 

12 (5) a description of any challenges affecting 

13 Federal or State regulators in the oversight of nat14 ural gas transmission pipeline facilities and how the 

15 challenges are being addressed; and 

16 (6) a description of any challenges affecting the 

17 natural gas industry in complying with the pro18 grams, and how the challenges are being addressed, 

19 including any challenges faced by publicly-owned 

20 natural gas distribution systems. 

21 (c) DEFINITION OF HIGH CONSEQUENCE AREA.—In 

22 this section, the term ‘‘high consequence area’’ has the 

23 meaning given the term in section 195.450 of title 49, 

24 Code of Federal Regulations (as in effect on the date of 

25 enactment of this Act). 


asabaliauskas on DSK3SPTVN1PROD with BILLS
11 

•HR 4937 IH

1 SEC. 5. HAZARDOUS LIQUID INTEGRITY MANAGEMENT RE2 VIEW. 

3 (a) SAFETY STUDY.—Not later than 18 months after 

4 the publication of a final rule regarding the safety of haz5 ardous liquid pipeline facilities related to the notice of pro6 posed rulemaking issued on October 13, 2015, titled 

7 ‘‘Pipeline Safety: Safety of Hazardous Liquid Pipelines’’ 

8 (80 Fed. Reg. 61610), the Comptroller General of the 

9 United States shall submit to the Committee on Transpor10 tation and Infrastructure and the Committee on Energy 

11 and Commerce of the House of Representatives and the 

12 Committee on Commerce, Science, and Transportation of 

13 the Senate a report regarding the hazardous liquid integ14 rity management programs, as regulated under sections 

15 195.450 and 195.452 of title 49, Code of Federal Regula16 tions. 

17 (b) CONTENTS.—The report required under sub18 section (a) shall include— 

19 (1) an analysis of the extent to which haz20 ardous liquid pipeline facility integrity management 

21 in high consequence areas, as regulated under sec22 tions 195.450 and 195.452 of title 49, Code of Fed23 eral Regulations, has improved the safety of haz24 ardous liquid pipeline facilities; 

25 (2) an analysis and recommendations, taking 

26 into consideration technical, operational, and ecoVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
12 

•HR 4937 IH

1 nomic feasibility, regarding changes to the programs 

2 to improve safety, prevent inadvertent releases from 

3 pipelines, and mitigate any adverse consequences of 

4 an inadvertent release, including changes to the defi5 nition of high consequence area; 

6 (3) an analysis of how surveying, assessment, 

7 mitigation, and monitoring activities, including real8 time hazardous liquid pipeline monitoring during 

9 significant flood events and information sharing with 

10 Federal agencies, are being used to address risks as11 sociated with the dynamic and unique nature of riv12 ers, flood plains, lakes, and coastal areas; 

13 (4) an analysis of, and recommendations re14 garding, what impact pipeline features and condi15 tions, including the age, condition, materials, and 

16 construction of a pipeline, have on safety and risk 

17 analysis of a particular pipeline and what changes to 

18 the definition of high consequence area could be 

19 made to improve pipeline safety; and 

20 (5) a description of any challenges affecting 

21 Federal or State regulators in the oversight of haz22 ardous liquid pipeline facilities and how those chal23 lenges are being addressed. 

24 (c) DEFINITION OF HIGH CONSEQUENCE AREA.—In 

25 this section, the term ‘‘high consequence area’’ has the 


asabaliauskas on DSK3SPTVN1PROD with BILLS
13 

•HR 4937 IH

1 meaning given the term in section 195.450 of title 49, 

2 Code of Federal Regulations. 

3 SEC. 6. TECHNICAL SAFETY STANDARDS COMMITTEES. 

4 (1) APPOINTMENT OF MEMBERS.—Section 

5 60115(b)(4)(A) of title 49, United States Code, is 

6 amended by striking ‘‘State commissioners. The Sec7 retary shall consult with the national organization of 

8 State commissions before selecting those 2 individ9 uals.’’ and inserting ‘‘State officials. The Secretary 

10 shall consult with national organizations rep11 resenting State commissioners or Governors before 

12 making a selection under this subparagraph.’’. 

13 (2) VACANCIES.—Section 60115(b) of title 49, 

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘(5) Within 90 days of the date of enactment of the 

17 PIPES Act of 2016, the Secretary shall fill all vacancies 

18 on the Technical Pipeline Safety Standards Committee, 

19 the Technical Hazardous Liquid Pipeline Safety Stand20 ards Committee, and any other committee established pur21 suant to this section. After that period, the Secretary shall 

22 fill a vacancy on any such committee not later than 60 

23 days after the vacancy occurs.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
14 

•HR 4937 IH

1 SEC. 7. INSPECTION REPORT INFORMATION. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 completion of a Pipeline and Hazardous Materials Safety 

4 Administration pipeline safety inspection, the Adminis5 trator of such Administration, or the State authority cer6 tified under section 60105 of title 49, United States Code, 

7 to conduct such inspection, shall— 

8 (1) conduct a post-inspection briefing with the 

9 owner or operator of the gas or hazardous liquid 

10 pipeline facility inspected outlining any concerns; 

11 and 

12 (2) to the extent practicable, provide the owner 

13 or operator with written preliminary findings of the 

14 inspection. 

15 (b) REPORT.—Not later than 1 year after the date 

16 of enactment of this Act, and annually thereafter for 2 

17 years, the Administrator shall submit to the Committee 

18 on Transportation and Infrastructure and the Committee 

19 on Energy and Commerce of the House of Representatives 

20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate a report that includes— 

22 (1) a description of the actions that the Pipe23 line and Hazardous Materials Safety Administration 

24 has taken to ensure that inspections by State au25 thorities provide effective and timely oversight; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
15 

•HR 4937 IH

1 (2) statistics relating to the timeliness of the 

2 actions described in paragraphs (1) and (2) of sub3 section (a). 

4 SEC. 8. IMPROVING DAMAGE PREVENTION TECHNOLOGY. 

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

6 States shall conduct a study on improving existing damage 

7 prevention programs through technological improvements 

8 in location, mapping, excavation, and communications 

9 practices to prevent excavation damage to a pipe or its 

10 coating. 

11 (b) CONTENTS.—The study under subsection (a) 

12 shall include— 

13 (1) an identification of any methods to improve 

14 existing damage prevention programs through loca15 tion and mapping practices or technologies in an ef16 fort to reduce releases caused by excavation; 

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

18 positioning system digital mapping technologies, pre19 dictive analytic tools, public awareness initiatives in20 cluding one-call initiatives, the use of mobile devices, 

21 and other advanced technologies could supplement 

22 existing one-call notification and damage prevention 

23 programs to reduce the frequency and severity of in24 cidents caused by excavation damage; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
16 

•HR 4937 IH

1 (3) an identification of any methods to improve 

2 excavation practices or technologies in an effort to 

3 reduce pipeline damage; 

4 (4) an analysis of the feasibility of a national 

5 data repository for pipeline excavation accident data 

6 that creates standardized data models for storing 

7 and sharing pipeline accident information; 

8 (5) an identification of opportunities for stake9 holder engagement in preventing excavation damage; 

10 and 

11 (6) recommendations, taking into consideration 

12 technical, operational, and economic feasibility, on 

13 how to incorporate technological improvements and 

14 practices that help prevent excavation damage into 

15 existing damage prevention programs. 

16 (c) REPORT.—Not later than 1 year after the date 

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

18 submit to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Transportation and Infrastructure and the Committee on 

21 Energy and Commerce of the House of Representatives 

22 a report containing the results of the study conducted 

23 under subsection (a). 


asabaliauskas on DSK3SPTVN1PROD with BILLS
17 

•HR 4937 IH

1 SEC. 9. WORKFORCE MANAGEMENT. 

2 Not later than 1 year after the date of the enactment 

3 of this Act, the Inspector General of the Department of 

4 Transportation shall submit to the Committee on Trans5 portation and Infrastructure and the Committee on En6 ergy and Commerce of the House of Representatives and 

7 the Committee on Commerce, Science, and Transportation 

8 of the Senate, a review of Pipeline and Hazardous Mate9 rials Safety Administration staff resource management, 

10 including geographic allocation plans, hiring challenges, 

11 and expected retirement rates and strategies. The review 

12 shall include recommendations to address hiring chal13 lenges, training needs, and any other identified staff re14 source challenges. 

15 SEC. 10. INFORMATION-SHARING SYSTEM. 

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

17 date of the enactment of this Act, the Secretary of Trans18 portation shall convene a working group to consider the 

19 development of a voluntary information-sharing system to 

20 encourage collaborative efforts to improve inspection infor21 mation feedback and information sharing with the purpose 

22 of improving natural gas transmission and hazardous liq23 uid pipeline facility integrity risk analysis. 

24 (b) MEMBERSHIP.—The working group convened 

25 pursuant to subsection (a) shall include representatives 

26 from— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
18 

•HR 4937 IH

1 (1) the Pipeline and Hazardous Materials Safe2 ty Administration; 

3 (2) industry stakeholders, including operators 

4 of pipeline facilities, inspection technology vendors, 

5 and pipeline inspection organizations; 

6 (3) safety advocacy groups; 

7 (4) research institutions; 

8 (5) State public utility commissions or State of9 ficials responsible for pipeline safety oversight; 

10 (6) State pipeline safety inspectors; and 

11 (7) labor representatives. 

12 (c) CONSIDERATIONS.—The working group convened 

13 pursuant to subsection (a) shall consider and provide rec14 ommendations to the Secretary on— 

15 (1) the need for, and the identification of, a 

16 system to ensure that dig verification data are 

17 shared with in-line inspection operators to the extent 

18 consistent with the need to maintain proprietary and 

19 security sensitive data in a confidential manner to 

20 improve pipeline safety and inspection technology; 

21 (2) ways to encourage the exchange of pipeline 

22 inspection information and the development of ad23 vanced pipeline inspection technologies and enhanced 

24 risk analysis; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
19 

•HR 4937 IH

1 (3) opportunities to share data, including dig 

2 verification data between operators of pipeline facili3 ties and in-line inspector vendors to expand knowl4 edge of the advantages and disadvantages of the dif5 ferent types of in-line inspection technology and 

6 methodologies; 

7 (4) options to create a secure system that pro8 tects proprietary data while encouraging the ex9 change of pipeline inspection information and the 

10 development of advanced pipeline inspection tech11 nologies and enhanced risk analysis; and 

12 (5) regulatory, funding, and legal barriers to 

13 sharing the information described in paragraphs (1) 

14 through (4). 

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

16 recommendations provided under subsection (c) on a pub17 licly available Web site of the Department of Transpor18 tation. 

19 SEC. 11. NATIONWIDE INTEGRATED PIPELINE SAFETY REG20 ULATORY DATABASE. 

21 (a) ESTABLISHMENT.—Not later than 18 months 

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

23 Transportation shall establish a national integrated pipe24 line safety regulatory inspection database to improve com25 munication and collaboration between the Pipeline and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
20 

•HR 4937 IH

1 Hazardous Materials Safety Administration and State 

2 pipeline regulators. 

3 (b) CONSIDERATIONS.—In developing the database, 

4 the Secretary shall consider— 

5 (1) any efforts underway to test a secure infor6 mation-sharing system for the purpose described in 

7 subsection (a); 

8 (2) any progress in establishing common stand9 ards for maintaining, collecting, and presenting pipe10 line safety regulatory inspection data, and a method11 ology for the sharing of the data; 

12 (3) any existing inadequacies or gaps in State 

13 and Federal inspection, enforcement, geospatial, or 

14 other pipeline safety regulatory inspection data; 

15 (4) the potential safety benefits of a national 

16 integrated pipeline database; and 

17 (5) recommendations of stakeholders for how to 

18 implement a secure information-sharing system that 

19 protects proprietary and security sensitive informa20 tion and data for the purpose described in sub21 section (a). 

22 (c) CONSULTATION.—In implementing this section, 

23 the Secretary shall consult with stakeholders, including 

24 State authorities operating under a certification to reguVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
21 

•HR 4937 IH

1 late intrastate pipelines under section 60105 of title 49, 

2 United States Code. 

3 SEC. 12. UNDERGROUND NATURAL GAS STORAGE FACILI4 TIES. 

5 (a) DEFINED TERM.—Section 60101(a) of title 49, 

6 United States Code, is amended— 

7 (1) in paragraph (21)(B) by striking the period 

8 at the end and inserting a semicolon; 

9 (2) in paragraph (22)(B)(iii) by striking the pe10 riod at the end and inserting a semicolon; 

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

12 end; 

13 (4) in paragraph (25) by striking the period at 

14 the end and inserting ‘‘; and’’; and 

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

16 ‘‘(26) ‘underground natural gas storage facility’ 

17 means a gas pipeline facility that stores gas in an 

18 underground facility, including— 

19 ‘‘(A) a depleted hydrocarbon reservoir; 

20 ‘‘(B) an aquifer reservoir; or 

21 ‘‘(C) a solution-mined salt cavern res22 ervoir.’’. 

23 (b) STANDARDS FOR UNDERGROUND NATURAL GAS

24 STORAGE FACILITIES.—Chapter 601 of title 49, United 


asabaliauskas on DSK3SPTVN1PROD with BILLS
22 

•HR 4937 IH

1 States Code, is amended by adding at the end the fol2 lowing: 

3 ‘‘§ 60141. Standards for underground natural gas 

4 storage facilities 

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

6 2 years after the date of enactment of the PIPES Act 

7 of 2016, the Secretary of Transportation, in consultation 

8 with the heads of other relevant Federal agencies, shall 

9 issue minimum safety standards for underground natural 

10 gas storage facilities. 

11 ‘‘(b) CONSIDERATIONS.—In developing the safety 

12 standards required under subsection (a), the Secretary 

13 shall, to the extent practicable— 

14 ‘‘(1) consider consensus standards for the oper15 ation, environmental protection, and integrity man16 agement of underground natural gas storage facili17 ties; 

18 ‘‘(2) consider the economic impacts of the regu19 lations on individual gas customers; and 

20 ‘‘(3) ensure that the regulations do not have a 

21 significant economic impact on end users. 

22 ‘‘(c) RULES OF CONSTRUCTION.— 

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

24 may be construed to affect any Federal regulation 

25 relating to gas pipeline facilities that is in effect on 


asabaliauskas on DSK3SPTVN1PROD with BILLS
23 

•HR 4937 IH

1 the day before the date of enactment of the PIPES 

2 Act of 2016. 

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

4 may be construed to authorize the Secretary— 

5 ‘‘(A) to prescribe the location of an under6 ground natural gas storage facility; or 

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

8 to construct a facility referred to in subpara9 graph (A). 

10 ‘‘(d) PREEMPTION.—A State authority may adopt 

11 additional or more stringent safety standards for intra12 state underground natural gas storage facilities if such 

13 standards are compatible with the minimum standards 

14 prescribed under this section.’’. 

15 (c) USER FEES.—Chapter 603 of title 49, United 

16 States Code, is amended by inserting after section 60301 

17 the following: 

18 ‘‘§ 60302. User fees for underground natural gas stor19 age facilities 

20 ‘‘(a) IN GENERAL.—A fee shall be imposed on an en21 tity operating an underground natural gas storage facility 

22 pursuant to section 60141. Any such fee imposed shall be 

23 collected before the end of the fiscal year to which it ap24 plies. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
24 

•HR 4937 IH

1 ‘‘(b) MEANS OF COLLECTION.—The Secretary of 

2 Transportation shall prescribe procedures to collect fees 

3 under this section. The Secretary may use a department, 

4 agency, or instrumentality of the United States Govern5 ment or of a State or local government to collect the fee 

6 and may reimburse the department, agency, or instrumen7 tality a reasonable amount for its services. 

8 ‘‘(c) USE OF FEES.— 

9 ‘‘(1) ACCOUNT.—There is established an Un10 derground Natural Gas Storage Facility Safety Ac11 count in the Pipeline Safety Fund established in the 

12 Treasury of the United States under section 60301. 

13 ‘‘(2) USE OF FEES.—A fee collected under this 

14 section— 

15 ‘‘(A) shall be deposited in the Under16 ground Natural Gas Storage Facility Safety Ac17 count; and 

18 ‘‘(B) if the fee is related to an under19 ground natural gas storage facility pursuant to 

20 section 60141, the amount of the fee may be 

21 used only for an activity related to underground 

22 natural gas storage safety. 

23 ‘‘(3) LIMITATION.—Amounts collected under 

24 this section shall be made available only to the ex25 tent provided in advance in an appropriations Act 


asabaliauskas on DSK3SPTVN1PROD with BILLS
25 

•HR 4937 IH

1 for an activity related to underground natural gas 

2 storage safety.’’. 

3 (d) CLERICAL AMENDMENTS.— 

4 (1) CHAPTER 601.—The table of sections for 

5 chapter 601 of title 49, United States Code, is 

6 amended by adding at the end the following: 

‘‘60141. Standards for underground natural gas storage facilities.’’. 

7 (2) CHAPTER 603.—The table of sections for 

8 chapter 603 of title 49, United States Code, is 

9 amended by inserting after the item relating to sec10 tion 60301 the following: 

‘‘60302. User fees for underground natural gas storage facilities.’’. 

11 SEC. 13. JOINT INSPECTION AND OVERSIGHT. 

12 Section 60105 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(g) JOINT INSPECTORS.—At the request of a State 

15 authority, the Secretary shall allow for a certified State 

16 authority under this section to participate in the inspec17 tion of an interstate pipeline facility.’’. 

18 SEC. 14. SAFETY DATA SHEETS. 

19 (a) IN GENERAL.—Each owner or operator of a haz20 ardous liquid pipeline facility, following an accident or in21 cident involving such pipeline facility, shall provide safety 

22 data sheets on any spilled oil to the designated Federal 

23 On-Scene Coordinator and appropriate State officials 


asabaliauskas on DSK3SPTVN1PROD with BILLS
26 

•HR 4937 IH

1 within 6 hours of a telephonic or electronic notice of the 

2 accident or incident to the National Response Center. 

3 (b) DEFINITIONS.—In this section: 

4 (1) FEDERAL ON-SCENE COORDINATOR.—The 

5 term ‘‘Federal On-Scene Coordinator’’ has the 

6 meaning given such term in section 311(a) of the 

7 Federal Water Pollution Control Act (33 U.S.C. 

8 1321(a)). 

9 (2) NATIONAL RESPONSE CENTER.—The term 

10 ‘‘National Response Center’’ means the center de11 scribed under section 300.125(a) of title 40, Code of 

12 Federal Regulations. 

13 SEC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUM14 BERS. 

15 Not later than 90 days after the date of enactment 

16 of this Act, the Secretary of Transportation shall issue an 

17 advanced notice of proposed rulemaking to take public 

18 comment on the petition for rulemaking dated October 28, 

19 2015, titled ‘‘Corrections to Title 49 C.F.R. §172.336 

20 Identification numbers; special provisions’’ (P–1667). 

21 SEC. 16. EMERGENCY ORDER AUTHORITY. 

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

23 amended by adding at the end the following: 

24 ‘‘(o) EMERGENCY ORDER AUTHORITY.— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
27 

•HR 4937 IH

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

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

3 regulation issued pursuant to this chapter, or an un4 safe condition or practice, or a combination of un5 safe conditions and practices, constitutes or is caus6 ing an imminent hazard, the Secretary may impose 

7 emergency restrictions, prohibitions, and safety 

8 measures by issuing an emergency order described in 

9 paragraph (3) without prior notice or an opportunity 

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

11 abate the imminent hazard. 

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

13 emergency order under paragraph (1), the Secretary 

14 shall consider, after consultation with appropriate 

15 Federal agencies, State agencies, or other entities, 

16 the following, as appropriate: 

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

18 on public health and safety. 

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

20 order on the national or regional economy or 

21 national security. 

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

23 on owners and operators of pipeline facilities. 

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

25 issued by the Secretary pursuant to paragraph (1) 


asabaliauskas on DSK3SPTVN1PROD with BILLS
28 

•HR 4937 IH

1 with respect to an imminent hazard shall contain a 

2 written description of— 

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

4 that constitutes or is causing the imminent haz5 ard; 

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

7 ‘‘(C) the restrictions, prohibitions, or safe8 ty measures imposed; 

9 ‘‘(D) the standards and procedures for ob10 taining relief from the order; 

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

12 imminent hazard and the reasons the authori13 ties under section 60112 and 60117(l) are in14 sufficient to do so; and 

15 ‘‘(F) how the considerations were taken 

16 into account pursuant to subsection (2). 

17 ‘‘(4) OPPORTUNITY FOR REVIEW.—Upon re18 ceipt of a petition for review from an entity subject 

19 to, and adversely affected by, an emergency order 

20 issued under this subsection, the Secretary shall pro21 vide an opportunity for a review of the order under 

22 section 554 of title 5 to determine whether the order 

23 should remain in effect, be modified, or be termi24 nated. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
29 

•HR 4937 IH

1 ‘‘(5) EXPIRATION OF EFFECTIVENESS

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

3 order is filed under paragraph (4) and an agency de4 cision with respect to the petition is not issued on 

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

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

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

8 Secretary determines in writing on or before the last 

9 day of such period that the imminent hazard still ex10 ists. 

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

12 completion of the review process described in para13 graph (4) or the issuance of a written determination 

14 by the Secretary pursuant to paragraph (5), an enti15 ty subject to, and adversely affected by, an emer16 gency order issued under this subsection may seek 

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

18 United States and shall be given expedited consider19 ation. 

20 ‘‘(7) REGULATIONS.— 

21 ‘‘(A) TEMPORARY REGULATIONS.—Not 

22 later than 60 days after the date of enactment 

23 of the PIPES Act of 2016, the Secretary shall 

24 issue such temporary regulations as are nec25 essary to carry out this subsection. The temVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
30 

•HR 4937 IH

1 porary regulations shall expire on the date of 

2 issuance of the final regulations required under 

3 subparagraph (B). 

4 ‘‘(B) FINAL REGULATIONS.—Not later 

5 than 270 days after such date of enactment, 

6 the Secretary shall issue such regulations as are 

7 necessary to carry out this subsection. Such 

8 regulations shall ensure that the review process 

9 described in paragraph (4) is consistent with 

10 the review process developed under section 

11 109.19 of title 49, Code of Federal Regulations, 

12 to the greatest extent practicable and not incon13 sistent with this section. 

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

15 subsection, the term ‘imminent hazard’ means the 

16 existence of a condition relating to a gas or haz17 ardous liquid pipeline facility that presents— 

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

19 serious illness, or severe personal injury may 

20 occur; or 

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

22 property, or the environment. 

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

24 emergency order issued under this subsection may 

25 not be construed to— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
31 

•HR 4937 IH

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

2 obligations under, or the applicability of, section 

3 553 of title 5; or 

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

5 Code of Federal Regulations.’’. 

6 SEC. 17. STATE GRANT FUNDS. 

7 (a) PAYMENTS.—Section 60107(b) of title 49, United 

8 States Code, is amended to read as follows: 

9 ‘‘(b) PAYMENTS.—After notifying and consulting 

10 with a State authority, the Secretary may withhold any 

11 part of a payment when the Secretary decides that the 

12 authority is not carrying out satisfactorily a safety pro13 gram or not acting satisfactorily as an agent. The Sec14 retary may pay an authority under this section only when 

15 the authority ensures the Secretary that it will provide the 

16 remaining costs of a safety program, unless the Secretary 

17 waives the requirement to provide such remaining costs.’’. 

18 (b) REPURPOSING OF FUNDS.—Section 60107 is 

19 amended by adding at the end the following: 

20 ‘‘(e) REPURPOSING OF FUNDS.—If a State program’s 

21 certification is rejected under section 60105(f) or such 

22 program is otherwise suspended or interrupted, the Sec23 retary may use any undistributed, deobligated or recovered 

24 funds authorized under this section to carry out pipeline 


asabaliauskas on DSK3SPTVN1PROD with BILLS
32 

•HR 4937 IH

1 safety activities for that State within the period of avail2 ability for such funds.’’. 

3 SEC. 18. RESPONSE PLANS. 

4 Each owner or operator of a hazardous liquid pipeline 

5 facility required to prepare a response plan pursuant to 

6 part 194 of title 49, Code of Federal Regulations, shall 

7 consider the impact of a discharge into or on navigable 

8 waters or adjoining shorelines, including those that may 

9 be covered in whole or in part by ice. 

10 SEC. 19. HIGH CONSEQUENCE AREAS. 

11 The Secretary of Transportation shall revise section 

12 195.6(b) of title 49, Code of Federal Regulations, to ex13 plicitly state that the Great Lakes and any marine coastal 

14 waters (including coastal estuaries) are USA ecological re15 sources for purposes of determining whether a pipeline is 

16 in a high consequence area (as defined in section 195.450 

17 of such title). 

18 SEC. 20. PIPELINE SAFETY TECHNICAL ASSISTANCE 

19 GRANTS. 

20 (a) PUBLIC PARTICIPATION LIMITATION.—Section 

21 60130(a)(4) of title 49, United States Code, is amended 

22 by inserting ‘‘on technical pipeline safety issues’’ after 

23 ‘‘public participation’’. 

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

25 of enactment of this Act, the Inspector General of the DeVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
33 

•HR 4937 IH

1 partment of Transportation shall submit to the Secretary 

2 of Transportation and the Committee on Transportation 

3 and Infrastructure and the Committee on Energy and 

4 Commerce of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate a report evaluating the grant program under sec7 tion 60130 of title 49, United States Code. The report 

8 shall include— 

9 (1) a list of the recipients of all grant funds 

10 during fiscal years 2010 through 2015; 

11 (2) a description of how each grant was used; 

12 (3) an analysis of the compliance with the 

13 terms of grant agreements, including subsections (a) 

14 and (b) of such section; 

15 (4) an evaluation of the competitive process 

16 used to award the grant funds; and 

17 (5) an evaluation of— 

18 (A) the ability of the Pipeline and Haz19 ardous Materials Safety Administration to over20 see grant funds and usage; and 

21 (B) the procedures used for such oversight. 

22 SEC. 21. STUDY OF MATERIALS AND CORROSION PREVEN23 TION IN PIPELINE TRANSPORTATION. 

24 (a) IN GENERAL.—Not later than 2 years after the 

25 date of enactment of the PIPES Act of 2016, the CompVerDate Sep 11 2014 17:48 Apr 19, 2016 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4937.IH H4937

asabaliauskas on DSK3SPTVN1PROD with BILLS
34 

•HR 4937 IH

1 troller General of the United States shall submit to the 

2 Committee on Transportation and Infrastructure and the 

3 Committee on Energy and Commerce of the House of 

4 Representatives and the Committee on Commerce, 

5 Science, and Transportation of the Senate a study on ma6 terials and corrosion prevention technologies used in pipe7 line transportation. 

8 (b) REQUIREMENTS.—The study required under sub9 section (a) shall include: 

10 (1) the range of piping materials, including 

11 plastic materials, used to transport hazardous liq12 uids and natural gas in the United States and in 

13 other developed countries around the world; 

14 (2) the types of technologies used for corrosion 

15 prevention; and 

16 (3) an analysis of the costs and benefits, includ17 ing safety benefits, associated with the use of such 

18 materials and technologies. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS