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‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection authorizes the 
Secretary to regulate piping or equipment used in 
the production, extraction, recovery, lifting, stabiliza-
tion, separation, or treatment of carbon dioxide or 
the preparation of carbon dioxide for transportation 
by pipeline at production, refining, or manufacturing 
facilities.’’. 
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITU-
MEN. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary of Transportation shall complete 
a comprehensive review of hazardous liquid pipeline facil-
ity regulations to determine whether the regulations are 
sufficient to regulate pipeline facilities used for the trans-
portation of diluted bitumen. In conducting the review, the 
Secretary shall conduct an analysis of whether any in-
crease in the risk of a release exists for pipeline facilities 
transporting diluted bitumen. The Secretary shall report 
the results of the review to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of 
Representatives. 
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HCON 93 RDS 
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS 
TRANSPORTED BY PIPELINE. 
The Secretary of Transportation may conduct an 
analysis of the transportation of nonpetroleum hazardous 
liquids by pipeline facility for the purpose of identifying 
the extent to which pipeline facilities are currently being 
used to transport nonpetroleum hazardous liquids, such 
as chlorine, from chemical production facilities across land 
areas not owned by the producer that are accessible to 
the public. The analysis should identify the extent to which 
the safety of the pipeline facilities is unregulated by the 
States and evaluate whether the transportation of such 
chemicals by pipeline facility across areas accessible to the 
public would present significant risks to public safety, 
property, or the environment in the absence of regulation. 
The results of the analysis shall be made available to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 18. CLARIFICATIONS. 
(a) 
INSPECTION
AND
MAINTENANCE.—Section 
60108(a)(1) is amended by striking ‘‘an intrastate’’ and 
inserting ‘‘a’’. 
(b) 
OWNER
AND
OPERATOR.—Section 
60102(a)(2)(A) is amended by striking ‘‘owners and oper-
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ators’’ and inserting ‘‘any or all of the owners or opera-
tors’’. 
SEC. 19. MAINTENANCE OF EFFORT. 
Section 60107(b) is amended by adding at the end 
the following: ‘‘For each of fiscal years 2012 and 2013, 
the Secretary shall grant such a waiver to a State if the 
State can demonstrate an inability to maintain or increase 
the required funding share of its safety program at or 
above the level required by this subsection due to economic 
hardship in that State. For fiscal year 2014, and each fis-
cal year thereafter, the Secretary may grant such a waiver 
to a State if the State can make the demonstration de-
scribed in the preceding sentence.’’. 
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS. 
(a) ISSUANCE OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Transportation shall issue regulations— 
(A) requiring hearings under sections 
60112, 60117, 60118, and 60122 of title 49, 
United States Code, to be convened before a 
presiding official; 
(B) providing the opportunity for any per-
son requesting a hearing under section 60112, 
60117, 60118, or 60122 of such title to ar-
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range for a transcript of the hearing, at the ex-
pense of the requesting person; 
(C) ensuring expedited review of any order 
issued pursuant to section 60112(e) of such 
title; 
(D) implementing a separation of functions 
between personnel involved with the investiga-
tion and prosecution of an enforcement case 
and advising the Secretary on findings and de-
terminations; and 
(E) prohibiting ex-parte communication 
relevant to the question to be decided in such 
a case by parties to an investigation or hearing. 
(2) PRESIDING
OFFICIAL.—The regulations 
issued under this subsection shall— 
(A) define the term ‘‘presiding official’’ to 
mean the person who conducts any hearing re-
lating to civil penalty assessments, compliance 
orders, safety orders, or corrective action or-
ders; and 
(B) require that the presiding official be 
an attorney on the staff of the Deputy Chief 
Counsel of the Pipeline and Hazardous Mate-
rials Safety Administration that is not engaged 
in investigative or prosecutorial functions, in-
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HCON 93 RDS 
cluding the preparation of notices of probable 
violations, notices relating to civil penalty as-
sessments, notices relating to compliance, or no-
tices of proposed corrective actions. 
(3) 
EXPEDITED
REVIEW.—The 
regulations 
issued under this subsection shall define the term 
‘‘expedited review’’ for the purposes of paragraph 
(1)(C). 
(b) STANDARDS
OF
JUDICIAL
REVIEW.—Section 
60119(a) is amended by adding at the end the following 
new paragraph: 
‘‘(3) A judicial review of agency action under this sec-
tion shall apply the standards of review established in sec-
tion 706 of title 5.’’. 
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES. 
(a) REVIEW.—The Secretary of Transportation shall 
conduct a review of existing Federal and State regulations 
for gas and hazardous liquid gathering lines located on-
shore and offshore in the United States, including within 
the inlets of the Gulf of Mexico. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Energy 
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