I 
116TH CONGRESS 
1ST SESSION H. R. 5175 
To amend title 49, United States Code, to provide enhanced safety in pipeline 
transportation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2019 
Mr. CRAWFORD (for himself, Mr. GRAVES of Missouri, Mr. BOST, Mr. WEBER 
of Texas, Mrs. MILLER, Mr. GIBBS, Mr. PENCE, Mr. YOUNG, Mr. BABIN, 
Mr. PERRY, Mr. RODNEY
DAVIS
of Illinois, Mr. STAUBER, Mr. 
BALDERSON, Mr. LAMALFA, Mr. SPANO, Mr. MEADOWS, Mr. WOODALL, 
Mr. KATKO, and Miss GONZA´LEZ-COLO´N of Puerto Rico) 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 juris-
diction of the committee concerned 
A BILL 
To amend title 49, United States Code, to provide enhanced 
safety in pipeline transportation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pipeline Safety Improvement Act of 2019’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Authorization of appropriations. 
Sec. 3. Strengthening operator qualification programs. 
Sec. 4. Safety-related condition reports. 
Sec. 5. Property damage threshold. 
Sec. 6. Pipeline facility security. 
Sec. 7. Access to oil spill response plans. 
Sec. 8. National pipeline mapping system. 
Sec. 9. Depth of cover for inland bodies of water. 
Sec. 10. Pipeline operating status. 
Sec. 11. Advancement of new pipeline safety technologies and approaches. 
Sec. 12. Pipeline safety voluntary information-sharing system. 
Sec. 13. User fees. 
Sec. 14. User fees for underground natural gas storage facilities. 
Sec. 15. Liquefied natural gas facility safety. 
Sec. 16. Unusually sensitive areas. 
Sec. 17. Workforce. 
Sec. 18. Nationwide integrated pipeline safety regulatory database. 
Sec. 19. Regulatory updates. 
Sec. 20. Construction project approvals. 
Sec. 21. Report on emissions. 
Sec. 22. Changes in class location. 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
(a) 
GAS
AND
HAZARDOUS
LIQUID.—Section 
60125(a) of title 49, United States Code, is amended to 
read as follows: 
‘‘(a) GAS AND HAZARDOUS LIQUID.— 
‘‘(1) IN GENERAL.—To carry out the provisions 
of this chapter related to gas and hazardous liquid 
and section 12 of the Pipeline Safety Improvement 
Act of 2002 (49 U.S.C. 60101 note; Public Law 
107–355), there are authorized to be appropriated to 
the Secretary from fees collected under section 
60301— 
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‘‘(A) $150,000,000 for fiscal year 2020, of 
which $9,000,000 shall be expended for car-
rying out such section 12 and $60,000,000 
shall be expended for making grants; 
‘‘(B) $154,000,000 for fiscal year 2021, of 
which $9,000,000 shall be expended for car-
rying out such section 12 and $63,000,000 
shall be expended for making grants; 
‘‘(C) $158,000,000 for fiscal year 2022, of 
which $9,000,000 shall be expended for car-
rying out such section 12 and $66,000,000 
shall be expended for making grants; and 
‘‘(D) $162,000,000 for fiscal year 2023, of 
which $9,000,000 shall be expended for car-
rying out such section 12 and $69,000,000 
shall be expended for making grants. 
‘‘(2) TRUST FUND AMOUNTS.—In addition to 
the amounts authorized to be appropriated under 
paragraph (1), there are authorized to be appro-
priated from the Oil Spill Liability Trust Fund de-
scribed in section 9509(a) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9509(a)) to carry out the 
provisions of this chapter relating to hazardous liq-
uid and section 12 of the Pipeline Safety Improve-
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ment Act of 2002 (49 U.S.C. 60101 note; Public 
Law 107–355)— 
‘‘(A) $25,000,000 for fiscal year 2020, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of such Act; and 
‘‘(ii) $10,000,000 shall be used for 
making grants; 
‘‘(B) $26,000,000 for fiscal year 2021, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of such Act; and 
‘‘(ii) $11,000,000 shall be used for 
making grants; 
‘‘(C) $27,000,000 for fiscal year 2022, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of such Act; and 
‘‘(ii) $12,000,000 shall be used for 
making grants; and 
‘‘(D) $28,000,000 for fiscal year 2023, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of such Act; and 
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‘‘(ii) $13,000,000 shall be used for 
making grants. 
‘‘(3) UNDERGROUND
NATURAL
GAS
STORAGE 
FACILITY SAFETY ACCOUNT.—To carry out section 
60141, there is authorized to be appropriated to the 
Secretary $8,000,000 from fees collected under sec-
tion 60302 for each of fiscal years 2020 through 
2023.’’. 
(b) OPERATIONAL EXPENSES.—Section 2(b) of the 
PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515) 
is amended by striking paragraphs (1) through (4) and 
inserting the following: 
‘‘(1) $25,000,000 for fiscal year 2020. 
‘‘(2) $26,000,000 for fiscal year 2021. 
‘‘(3) $27,000,000 for fiscal year 2022. 
‘‘(4) $28,000,000 for fiscal year 2023.’’. 
(c) 
EMERGENCY
RESPONSE
GRANTS.—Section 
60125(b) of title 49, United States Code, is amended to 
read as follows: 
‘‘(b) EMERGENCY RESPONSE GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary may estab-
lish a program to make grants to State, county, 
local, and tribal governments and nonprofit organi-
zations providing pipeline emergency response train-
ing, for— 
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‘‘(A) emergency response management; 
‘‘(B) training; and 
‘‘(C) technical assistance. 
‘‘(2) TRAINING REQUIREMENTS.—To the extent 
that a grant is used to train emergency responders, 
any training shall ensure that emergency responders 
can protect nearby persons, property, and the envi-
ronment from the effects of accidents or incidents 
involving gas or hazardous liquid pipelines, in ac-
cordance with existing regulations. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $12,000,000 for each of fiscal years 
2020 through 2023.’’. 
(d) ONE-CALL NOTIFICATION PROGRAMS.—Section 
6107 of title 49, United States Code, is amended by strik-
ing ‘‘2016 through 2019’’ and inserting ‘‘2020 through 
2023’’. 
(e) PIPELINE SAFETY INFORMATION GRANTS
TO 
COMMUNITIES.—Section 60130(c) of title 49, United 
States Code, is amended to read as follows: 
‘‘(c) FUNDING.— 
‘‘(1) IN
GENERAL.—Of the amounts made 
available under section 2(b) of the PIPES Act of 
2016, the Secretary shall use $1,500,000 for each of 
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fiscal years 2020 through 2023 to carry out this sec-
tion. 
‘‘(2) LIMITATION.—Any amounts used to carry 
out this section may not be derived from user fees 
collected under section 60301.’’. 
(f) 
DAMAGE
PREVENTION
PROGRAMS.—Section 
60134(i) of title 49, United States Code, is amended in 
the first sentence by striking ‘‘2012 through 2015’’ and 
inserting ‘‘2020 through 2023’’. 
(g) PIPELINE INTEGRITY PROGRAM.—Section 12(f) 
of the Pipeline Safety Improvement Act of 2002 (49 
U.S.C. 60101 note; Public Law 107–355) is amended by 
striking ‘‘2016 through 2019’’ and inserting ‘‘2020 
through 2023’’. 
SEC. 3. STRENGTHENING OPERATOR QUALIFICATION PRO-
GRAMS. 
(a) QUALIFICATIONS
OF PIPELINE OPERATORS.— 
Section 60102(a)(3) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘operates and maintains’’ and 
inserting ‘‘operates and maintains, or constructs,’’; 
(2) by inserting ‘‘, a gas gathering line, or a 
hazardous liquid gathering line’’ before ‘‘shall ad-
dress’’; 
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(3) by striking ‘‘operator of a pipeline facility’’ 
and inserting ‘‘operator of a pipeline facility, a gas 
gathering line, or a hazardous liquid gathering line’’; 
(4) by striking ‘‘operate and maintain’’ and in-
serting ‘‘operate and maintain, or construct’’ each 
place it appears; and 
(5) by inserting ‘‘, gas gathering lines, or haz-
ardous liquid gathering lines’’ before the period at 
the end. 
(b) VERIFICATION
OF
PIPELINE
QUALIFICATION 
PROGRAMS.—Section 60131 of title 49, United States 
Code, is amended— 
(1) in subsection (d) by adding at the end the 
following: 
‘‘(5) A management of change program that 
will communicate changes that affect covered tasks 
to individuals performing those covered tasks.’’; and 
(2) by striking subsection (g) and inserting the 
following: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) COVERED
TASK.—The term ‘covered 
task’— 
‘‘(A) with respect to a gas pipeline facility, 
has the meaning such term has under section 
192.801 of title 49, Code of Federal Regula-
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tions, including any subsequent modifications; 
and 
‘‘(B) with respect to a hazardous liquid 
pipeline facility, has the meaning such term has 
under section 195.501 of such title, including 
any subsequent modifications; 
‘‘(C) includes, with respect to a gas pipe-
line facility or a hazardous liquid pipeline facil-
ity described in subparagraphs (A) and (B), a 
construction task. 
‘‘(2) PIPELINE FACILITY.—The term ‘pipeline 
facility’ includes regulated gas gathering lines and 
regulated hazardous liquid gathering lines.’’. 
(c) OPERATOR QUALIFICATION PROGRAM EFFEC-
TIVENESS.— 
(1) RULEMAKING REQUIRED.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary of Transportation shall issue such regula-
tions as are necessary to require pipeline facility op-
erator qualification programs to include a written 
process to measure the effectiveness of the program 
at minimizing human error during the performance 
of a covered task. 
(2) CONSIDERATIONS.—In issuing the regula-
tions required under paragraph (1), the Secretary 
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shall consider the elements of program effectiveness 
contained in the notice of proposed rulemaking 
issued on July 10, 2015 titled ‘‘Pipeline Safety: Op-
erator Qualification, Cost Recovery, Accident and 
Incident Notification, and Other Pipeline Safety 3 
Proposed Changes’’ (80 Fed. Reg. 39916). 
(3) COVERED
TASK
DEFINED.—In this sub-
section, the term ‘‘covered task’’ has the meaning 
given the term in section 60131(g) of title 49, 
United States Code. 
SEC. 4. SAFETY-RELATED CONDITION REPORTS. 
Section 60102(h) of title 49, United States Code, is 
amended— 
(1) in paragraph (2) by striking ‘‘Notice of the 
condition shall be given concurrently to appropriate 
State authorities.’’; and 
(2) by adding at the end the following: 
‘‘(3)(A) Notice of the condition of an intrastate 
or interstate pipeline facility shall be given concur-
rently to appropriate State authorities, as defined by 
the Secretary. 
‘‘(B) The Secretary shall require that when a 
State agency receives a report on a safety-related 
condition, the State agency shall provide the report 
to any State emergency response commission, tribal 
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emergency response commission, tribal emergency 
planning committee, local emergency planning com-
mittee, local government, or public agency respon-
sible for emergency response that requests the re-
port, including any updates to the report received by 
the State agency.’’. 
SEC. 5. PROPERTY DAMAGE THRESHOLD. 
Section 60123(d)(2)(A) of title 49, United States 
Code, is amended by striking ‘‘$50,000’’ and inserting 
‘‘$200,000’’. 
SEC. 6. PIPELINE FACILITY SECURITY. 
Section 60123 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) PENALTY
FOR ALTERING PHYSICAL INFRA-
STRUCTURE.— 
‘‘(1) DEFINITION OF ALTERING A PIPELINE FA-
CILITY.—In this subsection, the term ‘altering a 
pipeline facility’ means— 
‘‘(A) the unauthorized turning or manipu-
lation of any valve of a pipeline facility de-
scribed in subsection (b); 
‘‘(B) the puncturing of— 
‘‘(i) an existing pipeline that is in use 
for a facility described in subsection (b); or 
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‘‘(ii) a pipeline pipe, pump, or valve 
intended to be used by a facility described 
in subsection (b); or 
‘‘(C) causing a defect that would affect the 
integrity of safe operations for— 
‘‘(i) an existing pipeline that is in use 
for a facility described in subsection (b); or 
‘‘(ii) a pipeline pipe, pump, or valve 
intended to be used by a facility described 
in subsection (b). 
‘‘(2) PENALTY.—A person knowingly and will-
fully altering a pipeline facility shall be fined or im-
prisoned in accordance with subsection (a). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection abridges the exercise of rights guar-
anteed under the First Amendment to the Constitu-
tion of the United States.’’. 
SEC. 7. ACCESS TO OIL SPILL RESPONSE PLANS. 
Section 60138 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘and’’; 
(B) in paragraph (2)(D) by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(3) provide to a Member of Congress, upon 
written request from such Member, access to view a 
copy of the plan, the contents of which the Secretary 
may not redact, but may note as the Secretary de-
termines appropriate— 
‘‘(A) proprietary information; and 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations.’’; 
(2) by redesignating subsection (b) as sub-
section (d); and 
(3) by adding at the end the following: 
‘‘(c) LIMITATIONS ON INFORMATION PROVIDED TO 
CONGRESS.—The following requirements shall apply to 
any activities carried out under subsection (a)(3): 
‘‘(1) To review an oil spill response plan, the 
Administrator shall provide the Member access to a 
full and unredacted paper copies of the plans for the 
Congressional district of such Member in a secure 
reading room for purposes of review only. 
‘‘(2) Congressional review of full and unredact-
ed copies of oil spill response plans carried out under 
such subsection shall be the exclusive authority for 
congressional review of such plans. 
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‘‘(3) Information identified under subparagraph 
(A) and (B) of subsection (a)(3) may not be distrib-
uted in any form, including verbal, electronic or 
written communication, or transmittal of copied 
image. 
‘‘(4) All information described in paragraph (3) 
shall remain confidential and any unauthorized dis-
closure of such information is subject to a fine of 
$10,000. 
‘‘(5) The provision of access to information de-
scribed in paragraph (3) shall not be construed to 
waive or amend the obligations or authorities of the 
Administrator to protect information from disclosure 
pursuant to section 552(b) of title 5, section 60138, 
or any other applicable laws.’’. 
SEC. 8. NATIONAL PIPELINE MAPPING SYSTEM. 
(a) IN GENERAL.—Section 60132 of title 49, United 
States Code, is amended by striking subsection (f) and in-
serting the following: 
‘‘(f) PUBLIC DISCLOSURE LIMITED.—Data and in-
formation submitted to the Secretary under this section 
may not be disclosed to the public pursuant to section 
552(b)(3)(B) of title 5.’’. 
(b) EVALUATION OF INFORMATION.—Not later than 
1 year after the date of enactment of this Act, the Sec-
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retary shall issue regulations on the evaluation of the in-
formation required under paragraphs (1) through (4) of 
section 60132(a) of title 49, United States Code, with re-
spect to gathering lines. 
SEC. 9. DEPTH OF COVER FOR INLAND BODIES OF WATER. 
Section 60140 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) DATA SET FOR PIPELINES CROSSING CERTAIN 
WATER BODIES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Sec-
retary shall collect and maintain geospatial data ca-
pable of identifying hazardous liquid pipelines cross-
ing inland bodies of water with a width of at least 
100 feet from high-water mark to high-water mark 
and where the pipeline segment is within, or could 
affect, a high consequence area (as defined in sec-
tions 192.903 and 195.450 of title 49, Code of Fed-
eral Regulations). 
‘‘(2) PUBLIC
INFORMATION.—The Secretary 
shall make the data set collected and maintained 
under paragraph (1) available on the publicly avail-
able website of the Department of Transportation. 
‘‘(3) NATIONAL PIPELINE MAPPING SYSTEM.— 
The Secretary shall include such data set in the Na-
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tional Pipeline Mapping System for purposes of 
meeting the requirement under paragraph (2).’’. 
SEC. 10. PIPELINE OPERATING STATUS. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 60142. Idled pipelines 
‘‘(a) DEFINITION OF IDLED.—In this section, the 
term ‘idled’, with respect to a pipeline, means that the 
pipeline— 
‘‘(1)(A) has ceased normal operations; 
‘‘(B) will not resume service for a period of not 
less than 180 days; 
‘‘(2) has been isolated from all sources of haz-
ardous liquid, natural gas, or other gas; 
‘‘(3) has been purged of combustibles and haz-
ardous materials; 
‘‘(4) if a blanket of inert, nonflammable gas is 
placed in the line, such gas must be at low pressure 
and odorized; and 
‘‘(5) has received approval from the Secretary 
to be removed as an active pipeline. 
‘‘(b) APPROVAL.—Before an operator may place a 
natural or other gas pipeline facility or hazardous liquid 
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pipeline facility into idled status, the operator must re-
quest an approval, in writing, from the Secretary. 
‘‘(c) EXTENSION.—The Secretary may allow idled 
natural or other gas pipeline facilities and hazardous liq-
uid pipeline facilities to remain in idled status for a period 
longer than described in paragraph (a), provided that such 
request be made in writing and not exceed a period of 5 
years for each requested extension. 
‘‘(d) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of this Act, the Sec-
retary shall promulgate regulations prescribing the 
applicability of the pipeline safety requirements to 
idled natural or other gas pipeline facilities and haz-
ardous liquid pipeline facilities. 
‘‘(2) REQUIREMENTS.—The regulations promul-
gated under paragraph (1) shall contain the fol-
lowing requirements: 
‘‘(A) IN
GENERAL.—The applicability of 
the regulations under paragraph (1) shall be 
based on the risk that idled natural or other 
gas pipeline facilities and hazardous liquid pipe-
line facilities pose to the public, property, and 
the environment, and shall include requirements 
to resume operation. 
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‘‘(B) NOTIFICATION AND APPROVAL.—The 
Secretary shall establish procedures, including a 
requirement for notification to the public, for 
requesting an approval, described in subsection 
(b), and an extension, described in subsection 
(c), before an operator changes the operating 
status of a natural or other gas pipeline facility 
or hazardous liquid pipeline facility. 
‘‘(C) INSPECTION.—The Secretary or an 
appropriate State agency shall inspect each 
idled natural or other gas pipeline facility or 
hazardous liquid pipeline facility and verify that 
the pipeline has been purged of combustibles 
and hazardous materials. 
‘‘(D) 
REQUIREMENTS
FOR
REINSPEC-
TION.—The Secretary shall determine the re-
quirements for periodic reinspection of idled 
natural or other gas pipeline facilities and haz-
ardous liquid pipeline facilities. 
‘‘(E) INVENTORY.—The Secretary shall re-
quire operators to report to the Secretary infor-
mation on idled natural or other gas pipeline 
facilities and hazardous liquid pipeline facilities 
in their system, including the location of a pipe-
line, whether the pipeline has been purged of 
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combustibles and hazardous materials, whether 
a blanket of inert gas remains in the line, the 
date on which the operator idled the pipeline, 
and a written description for why the operator 
chose to place each pipeline into idle status. 
‘‘(e) AVAILABILITY OF DATA.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
available to the public the inventory required under 
subsection (d)(E), and publish annually on a website 
accessible to the public a list indicating pipeline op-
erating status changes. The list shall include— 
‘‘(A) the name of the operator; 
‘‘(B) the operating status change of the 
pipeline; and 
‘‘(C) the approximate location, including 
beginning and end point for the pipeline that is 
subject to the change in operating status.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 601 of title 49, United States Code, is amend-
ed by adding at the end the following new item: 
‘‘60142. Idled pipelines.’’. 
SEC. 11. ADVANCEMENT OF NEW PIPELINE SAFETY TECH-
NOLOGIES AND APPROACHES. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
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‘‘§ 60143. Pipeline safety technology testing programs 
‘‘(a) IN GENERAL.—The Secretary may establish and 
carry out limited safety-enhancing testing programs to 
evaluate innovative technologies and operational practices 
testing the safe operation of— 
‘‘(1) a natural gas pipeline facility; or 
‘‘(2) a hazardous liquid pipeline facility. 
‘‘(b) LIMITATIONS.— 
‘‘(1) HIGH POPULATION AREAS.—Any program 
established under subsection (a) shall not be located 
in a high population area (as defined in section 
195.450 of title 49, Code of Federal Regulations). 
‘‘(c) DURATION.—The term of a testing program es-
tablished under subsection (a) shall be not more than a 
period of 4 years beginning on the date of approval of the 
program. 
‘‘(d) SAFETY STANDARDS.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, as a condition of approval of a testing pro-
gram under subsection (a), that the safety measures 
in the testing program are designed to achieve a 
level of safety that is greater than, or equivalent to, 
the level of safety required by this chapter. 
‘‘(2) DETERMINATION.— 
‘‘(A) IN
GENERAL.—The Secretary may 
issue an order under subparagraph (A) of sec-
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tion 60118(c)(1) to accomplish the purpose of 
a testing program for a term not to exceed the 
time period described in subsection (c) if the 
condition described in paragraph (1) is met, as 
determined by the Secretary. 
‘‘(B) LIMITATION.—An order under sub-
paragraph (A) of such section shall pertain only 
to those regulations that would otherwise pre-
vent the use of the safety technology to be test-
ed under the testing program. 
‘‘(e) CONSIDERATIONS.—In establishing a testing 
program under subsection (a), the Secretary shall con-
sider— 
‘‘(1) whether the owners or operators partici-
pating in the program have a safety management 
system in place; 
‘‘(2) whether the proposed safety technology 
has been tested through a research and development 
program carried out by— 
‘‘(A) the Secretary; 
‘‘(B) collaborative research development 
organizations; or 
‘‘(C) other institutions; and 
‘‘(3) whether the pipeline segments tested by 
the program are outside of a high population area 
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(as defined in section 195.450 of title 49, Code of 
Federal Regulations). 
‘‘(f) DATA AND FINDINGS.—As a participant in a 
testing program established under subsection (a), an oper-
ator shall submit to the Secretary detailed findings and 
a summary of data collected as a result of participation 
in the testing program. 
‘‘(g) AUTHORITY TO REVOKE PARTICIPATION.—The 
Secretary shall immediately revoke participation in a test-
ing program under subsection (a) if— 
‘‘(1) the participant fails to comply with the 
terms and conditions of the testing program; or 
‘‘(2) in the determination of the Secretary, con-
tinued participation in the testing program by the 
participant would be unsafe or would not be con-
sistent with the goals and objectives of this chapter. 
‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—The 
Secretary shall immediately terminate a testing program 
under subsection (a) if continuation of the testing pro-
gram would not be consistent with the goals and objectives 
of this chapter. 
‘‘(i) STATE RIGHTS.— 
‘‘(1) EXEMPTION.—Except as provided in para-
graph (2), if a State submits to the Secretary notice 
that the State requests an exemption from any test-
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ing program considered for establishment under this 
section, the State shall be exempt. 
‘‘(2) LIMITATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
not grant a requested exemption under para-
graph (1) after a testing program is estab-
lished. 
‘‘(B) LATE NOTICE.—The Secretary shall 
not grant a requested exemption under para-
graph (1) if the notice submitted under that 
paragraph is submitted to the Secretary more 
than 10 days after the date on which the Sec-
retary issues an order providing an effective 
date for the testing program. 
‘‘(3) EFFECT.—If a State has not submitted a 
notice requesting an exemption under paragraph (1), 
the State shall not enforce any law (including regu-
lations) that is inconsistent with a testing program 
in effect in the State under this section. 
‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NO-
TICE.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
in the Federal Register a notice of each testing pro-
gram under subsection (a), including the order to be 
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