•HCON 93 EH 
program requirements, or elements thereof, to addi-
tional areas would mitigate the need for class loca-
tion requirements. 
(d) DATA REPORTING.—The Secretary shall collect 
any relevant data necessary to complete the evaluation re-
quired by subsection (a). 
(e) 
TECHNICAL
CORRECTION.—Section 
60109(c)(3)(B) is amended to read as follows: 
‘‘(B) Subject to paragraph (5), periodic re-
assessments of the facility, at a minimum of 
once every 7 calendar years, using methods de-
scribed in subparagraph (A). The Secretary 
may extend such deadline for an additional 6 
months if the operator submits written notice to 
the Secretary with sufficient justification of the 
need for the extension.’’. 
(f) RULEMAKING REQUIREMENTS.— 
(1) REVIEW
PERIOD
DEFINED.—In this sub-
section, the term ‘‘review period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the earlier of— 
(A) the date that is 1 year after the date 
of completion of the report under subsection 
(c); or
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(B) the date that is 3 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to 
provide Congress the necessary time to review the 
results of the report required by subsection (c) and 
implement appropriate recommendations, the Sec-
retary shall not, during the review period, issue final 
regulations described in paragraph (3)(B). 
(3) STANDARDS.— 
(A) FINDINGS.—As soon as practicable fol-
lowing the review period, the Secretary shall 
issue final regulations described in subpara-
graph (B), if the Secretary finds, in the report 
required under subsection (c), that— 
(i) integrity management system re-
quirements, or elements thereof, should be 
expanded beyond high-consequence areas; 
and 
(ii) with respect to gas transmission 
pipeline facilities, applying integrity man-
agement program requirements, or ele-
ments thereof, to additional areas would 
mitigate the need for class location re-
quirements.
•HCON 93 EH 
(B) REGULATIONS.—Regulations issued by 
the Secretary under subparagraph (A), if any, 
shall— 
(i) expand integrity management sys-
tem requirements, or elements thereof, be-
yond high-consequence areas; and 
(ii) remove redundant class location 
requirements for gas transmission pipeline 
facilities that are regulated under an integ-
rity management program adopted and im-
plemented under section 60109(c)(2) of 
title 49, United States Code. 
(4) SAVINGS CLAUSE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Sec-
retary, during the review period, may issue final 
regulations described in paragraph (3)(B), if 
the Secretary determines that a condition that 
poses a risk to public safety, property, or the 
environment is present or an imminent hazard 
exists and that the regulations will address the 
risk or hazard. 
(B) IMMINENT
HAZARD
DEFINED.—In 
subparagraph (A), the term ‘‘imminent hazard’’ 
means the existence of a condition related to
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pipelines or pipeline operations that presents a 
substantial likelihood that death, serious illness, 
severe 
personal 
injury, 
or 
substantial 
endangerment to health, property, or the envi-
ronment may occur. 
(g) REPORT TO CONGRESS ON RISK-BASED PIPE-
LINE REASSESSMENT INTERVALS.—Not later than 2 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall evaluate— 
(1) whether risk-based reassessment intervals 
are a more effective alternative for managing risks 
to pipelines in high-consequence areas once baseline 
assessments are complete when compared to the re-
assessment 
interval 
specified 
in 
section 
60109(c)(3)(B) of title 49, United States Code; 
(2) the number of anomalies found in baseline 
assessments required under section 60109(c)(3)(A) 
of title 49, United States Code, as compared to the 
number of anomalies found in reassessments re-
quired under section 60109(c)(3)(B) of such title; 
and 
(3) the progress made in implementing the rec-
ommendations in GAO Report 06–945 and the cur-
rent relevance of those recommendations that have 
not been implemented.
•HCON 93 EH 
SEC. 6. PUBLIC EDUCATION AND AWARENESS. 
(a) NATIONAL PIPELINE MAPPING SYSTEM.—Sec-
tion 60132 is amended by adding at the end the following: 
‘‘(d) MAP
OF HIGH-CONSEQUENCE AREAS.—The 
Secretary shall— 
‘‘(1) maintain, as part of the National Pipeline 
Mapping System, a map of designated high-con-
sequence areas (as described in section 60109(a)) in 
which pipelines are required to meet integrity man-
agement program regulations, excluding any propri-
etary or sensitive security information; and 
‘‘(2) update the map biennially. 
‘‘(e) PROGRAM TO PROMOTE AWARENESS OF NA-
TIONAL PIPELINE MAPPING SYSTEM.—Not later than 1 
year after the date of enactment of this subsection, the 
Secretary shall develop and implement a program pro-
moting greater awareness of the existence of the National 
Pipeline Mapping System to State and local emergency re-
sponders and other interested parties. The program shall 
include guidance on how to use the National Pipeline Map-
ping System to locate pipelines in communities and local 
jurisdictions.’’. 
(b) INFORMATION TO EMERGENCY RESPONSE AGEN-
CIES.— 
(1) GUIDANCE.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
•HCON 93 EH 
retary shall issue guidance to owners and operators 
of pipeline facilities on the importance of providing 
system-specific information about their pipeline fa-
cilities to emergency response agencies of the com-
munities and jurisdictions in which those facilities 
are located. 
(2) CONSULTATION.—Before issuing guidance 
under paragraph (1), the Secretary shall consult 
with owners and operators of pipeline facilities to de-
termine the extent to which the owners and opera-
tors are already providing system-specific informa-
tion about their pipeline facilities to emergency re-
sponse agencies. 
(c) RESPONSE PLANS.— 
(1) IN GENERAL.—Chapter 601 is amended by 
adding at the end the following: 
‘‘§ 60138. Response plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall— 
‘‘(1) maintain on file a copy of the most recent 
response plan (as defined in part 194 of title 49, 
Code of Federal Regulations) prepared by an owner 
or operator of a pipeline facility; and
•HCON 93 EH 
‘‘(2) provide upon written request to a person 
a copy of the plan, which may exclude, as the Sec-
retary determines appropriate— 
‘‘(A) proprietary information; 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations; 
‘‘(C) specific response resources and tac-
tical resource deployment plans; and 
‘‘(D) the specific amount and location of 
worst case discharges (as defined in part 194 of 
title 49, Code of Federal Regulations), includ-
ing the process by which an owner or operator 
determines the worst case discharge. 
‘‘(b) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion may be construed to require disclosure of information 
or records that are exempt from disclosure under section 
552 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 601 is amended by inserting after the item 
relating to section 60137 the following: 
‘‘60138. Response plans.’’. 
SEC. 7. CAST IRON GAS PIPELINES. 
(a) FOLLOW-UP SURVEYS.—Section 60108(d) is 
amended by adding at the end the following:
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‘‘(4) Not later than December 31, 2012, and every 
2 years thereafter, the Secretary shall conduct a follow- 
up survey to measure the progress that owners and opera-
tors of pipeline facilities have made in adopting and imple-
menting their plans for the safe management and replace-
ment of cast iron gas pipelines.’’. 
(b) STATUS REPORT.—Not later than December 31, 
2013, the Secretary of Transportation shall transmit to 
the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that— 
(1) identifies the total mileage of cast iron gas 
pipelines in the United States; and 
(2) evaluates the progress that owners and op-
erators of pipeline facilities have made in imple-
menting their plans for the safe management and 
replacement of cast iron gas pipelines. 
SEC. 8. LEAK DETECTION. 
(a) LEAK DETECTION REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
•HCON 93 EH 
structure and the Committee on Energy and Com-
merce of the House of Representatives a report on 
leak detection systems utilized by operators of haz-
ardous liquid pipeline facilities and transportation- 
related flow lines. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the technical limitations 
of current leak detection systems, including the 
ability of the systems to detect ruptures and 
small leaks that are ongoing or intermittent, 
and what can be done to foster development of 
better technologies; and 
(B) an analysis of the practicability of es-
tablishing technically, operationally, and eco-
nomically feasible standards for the capability 
of such systems to detect leaks, and the safety 
benefits and adverse consequences of requiring 
operators to use leak detection systems. 
(b) RULEMAKING REQUIREMENTS.— 
(1) REVIEW
PERIOD
DEFINED.—In this sub-
section, the term ‘‘review period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the earlier of—
•HCON 93 EH 
(A) the date that is 1 year after the date 
of completion of the report under subsection 
(a); or 
(B) the date that is 2 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to 
provide Congress the necessary time to review the 
results of the report required by subsection (a) and 
implement appropriate recommendations, the Sec-
retary, during the review period, shall not issue final 
regulations described in paragraph (3). 
(3) STANDARDS.—As soon as practicable fol-
lowing the review period, if the report required by 
subsection (a) finds that it is practicable to establish 
technically, operationally, and economically feasible 
standards for the capability of leak detection sys-
tems to detect leaks, the Secretary shall issue final 
regulations that— 
(A) require operators of hazardous liquid 
pipeline facilities to use leak detection systems 
where practicable; and 
(B) establish technically, operationally, and 
economically feasible standards for the capa-
bility of such systems to detect leaks. 
(4) SAVINGS CLAUSE.—
•HCON 93 EH 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Sec-
retary, during the review period, may issue final 
regulations described in paragraph (3) if the 
Secretary determines that a condition that 
poses a risk to public safety, property, or the 
environment is present or an imminent hazard 
exists and that the regulations will address the 
risk or hazard. 
(B) IMMINENT
HAZARD
DEFINED.—In 
subparagraph (A), the term ‘‘imminent hazard’’ 
means the existence of a condition related to 
pipelines or pipeline operations that presents a 
substantial likelihood that death, serious illness, 
severe 
personal 
injury, 
or 
substantial 
endangerment to health, property, or the envi-
ronment may occur. 
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 
(a) REVISION OF REGULATIONS.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary of Transportation shall revise regulations issued 
under sections 191.5 and 195.52 of title 49, Code of Fed-
eral Regulations, to establish specific time limits for tele-
phonic or electronic notice of accidents and incidents in-
•HCON 93 EH 
volving pipeline facilities to the Secretary and the National 
Response Center. 
(b) MINIMUM REQUIREMENTS.—In revising the regu-
lations, the Secretary, at a minimum, shall— 
(1) establish time limits for telephonic or elec-
tronic notification of an accident or incident to re-
quire such notification at the earliest practicable mo-
ment following confirmed discovery of an accident or 
incident and not later than 1 hour following the time 
of such confirmed discovery; 
(2) review procedures for owners and operators 
of pipeline facilities and the National Response Cen-
ter to provide thorough and coordinated notification 
to all relevant State and local emergency response 
officials, including 911 emergency call centers, for 
the jurisdictions in which those pipeline facilities are 
located in the event of an accident or incident, and 
revise such procedures as appropriate; and 
(3) require such owners and operators to revise 
their initial telephonic or electronic notice to the 
Secretary and the National Response Center with an 
estimate of the amount of the product released, an 
estimate of the number of fatalities and injuries, if 
any, and any other information determined appro-
•HCON 93 EH 
priate by the Secretary within 48 hours of the acci-
dent or incident, to the extent practicable. 
(c) UPDATING OF REPORTS.—After receiving revi-
sions described in subsection (b)(3), the National Re-
sponse Center shall update the initial report on an acci-
dent or incident instead of generating a new report. 
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY 
RESPONSE PLAN COMPLIANCE. 
(a) IN GENERAL.—Subparagraphs (A) and (B) of 
section 311(m)(2) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(m)(2)) are each amended by striking 
‘‘Administrator or’’ and inserting ‘‘Administrator, the 
Secretary of Transportation, or’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
311(b)(6)(A) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(b)(6)(A)) is amended by striking ‘‘oper-
ating or’’ and inserting ‘‘operating, the Secretary of 
Transportation, or’’. 
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION. 
(a) IN GENERAL.—Section 60132(a) is amended by 
adding at the end the following: 
‘‘(4) Any other geospatial or technical data, in-
cluding design and material specifications, that the 
Secretary determines are necessary to carry out the 
purposes of this section. The Secretary shall give
•HCON 93 EH 
reasonable notice to operators that the data are 
being requested.’’. 
(b) DISCLOSURE
LIMITED
TO
FOIA REQUIRE-
MENTS.—Section 60132, as amended by this Act, is fur-
ther amended by adding at the end the following: 
‘‘(f) PUBLIC DISCLOSURE LIMITED.—The Secretary 
may not disclose information collected pursuant to sub-
section (a) except to the extent permitted by section 552 
of title 5.’’. 
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES. 
Section 60102, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(o) 
TRANSPORTATION-RELATED
OIL
FLOW 
LINES.— 
‘‘(1) DATA COLLECTION.—The Secretary may 
collect geospatial or technical data on transpor-
tation-related oil flow lines, including unregulated 
transportation-related oil flow lines. 
‘‘(2) TRANSPORTATION-RELATED
OIL
FLOW 
LINE DEFINED.—In this subsection, the term ‘trans-
portation-related oil flow line’ means a pipeline 
transporting oil off of the grounds of the well where 
it originated and across areas not owned by the pro-
ducer, regardless of the extent to which the oil has 
been processed, if at all.
•HCON 93 EH 
‘‘(3) LIMITATION.—Nothing in this subsection 
authorizes the Secretary to prescribe standards for 
the movement of oil through production, refining, or 
manufacturing facilities or through oil production 
flow lines located on the grounds of wells.’’. 
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS. 
(a) IN GENERAL.—Section 60117(n) is amended to 
read as follows: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW COSTS.—For any project de-
scribed in subparagraph (B), if the Secretary 
conducts facility design safety reviews in con-
nection with a proposal to construct, expand, or 
operate a gas or hazardous liquid pipeline facil-
ity or liquefied natural gas pipeline facility, in-
cluding construction inspections and oversight, 
the Secretary may require the person proposing 
the project to pay the costs incurred by the Sec-
retary relating to such reviews. If the Secretary 
exercises the cost recovery authority described 
in this paragraph, the Secretary shall prescribe 
a fee structure and assessment methodology 
that is based on the costs of providing these re-
views and shall prescribe procedures to collect
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fees under this paragraph. The Secretary may 
not collect design safety review fees under this 
paragraph and section 60301 for the same de-
sign safety review. 
‘‘(B) PROJECTS TO WHICH APPLICABLE.— 
Subparagraph (A) applies to any project that— 
‘‘(i) has design and construction costs 
totaling at least $2,500,000,000, as peri-
odically adjusted by the Secretary to take 
into account increases in the Consumer 
Price Index for all-urban consumers pub-
lished by the Department of Labor, based 
on— 
‘‘(I) the cost estimate provided to 
the Federal Energy Regulatory Com-
mission in an application for a certifi-
cate of public convenience and neces-
sity for a gas pipeline facility or an 
application for authorization for a liq-
uefied natural gas pipeline facility; or 
‘‘(II) a good faith estimate devel-
oped by the person proposing a haz-
ardous liquid pipeline facility and sub-
mitted to the Secretary; or
•HCON 93 EH 
‘‘(ii) uses new or novel technologies or 
design, as determined by the Secretary. 
‘‘(2) NOTIFICATION.—For any new pipeline fa-
cility construction project in which the Secretary will 
conduct design reviews, the person proposing the 
project shall notify the Secretary and provide the de-
sign specifications, construction plans and proce-
dures, and related materials at least 120 days prior 
to the commencement of construction. To the max-
imum extent practicable, not later than 90 days 
after receiving such design specifications, construc-
tion plans and procedures, and related materials, the 
Secretary shall provide written comments, feedback, 
and guidance on the project. 
‘‘(3) 
PIPELINE
SAFETY
DESIGN
REVIEW 
FUND.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished a Pipeline Safety Design Review Fund in 
the Treasury of the United States. 
‘‘(B) DEPOSITS.—The Secretary shall de-
posit funds paid under this subsection into the 
Fund. 
‘‘(C) USE.—Amounts in the Fund shall be 
available to the Secretary, in amounts specified 
in appropriations Acts, to offset the costs of
•HCON 93 EH 
conducting facility design safety reviews under 
this subsection. 
‘‘(4) NO
ADDITIONAL
PERMITTING
AUTHOR-
ITY.—Nothing in this subsection may be construed 
as authorizing the Secretary to require a person to 
obtain a permit before beginning design and con-
struction in connection with a project described in 
paragraph (1)(B).’’. 
(b) GUIDANCE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall issue guidance to clarify the meaning of the term 
‘‘new or novel technologies or design’’ as used in section 
60117(n)(1)(B)(ii) of title 49, United States Code, as 
amended by subsection (a) of this section. 
SEC. 14. BIOFUEL PIPELINES. 
Section 60101(a)(4) is amended— 
(1) in subparagraph (A) by striking ‘‘and’’ after 
the semicolon; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) nonpetroleum fuel, including biofuel, 
that is flammable, toxic, or corrosive or would
•HCON 93 EH 
be harmful to the environment if released in 
significant quantities; and’’. 
SEC. 15. CARBON DIOXIDE PIPELINES. 
Section 60102(i) is amended— 
(1) by striking ‘‘The Secretary shall regulate’’ 
and inserting the following: 
‘‘(1) TRANSPORTATION IN LIQUID STATE.—The 
Secretary shall regulate’’. 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) TRANSPORTATION IN GASEOUS STATE.— 
‘‘(A) MINIMUM SAFETY STANDARDS.—The 
Secretary shall prescribe minimum safety 
standards for the transportation of carbon diox-
ide by pipeline in a gaseous state. 
‘‘(B) CONSIDERATIONS.—In establishing 
the standards, the Secretary shall consider 
whether applying the minimum safety standards 
in part 195 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of 
this paragraph, for the transportation of carbon 
dioxide in a liquid state to the transportation of 
carbon dioxide in a gaseous state would ensure 
safety.
•HCON 93 EH 
‘‘(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.
•HCON 93 EH 
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-
•HCON 93 EH 
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-
•HCON 93 EH 
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-
•HCON 93 EH 
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
•HCON 93 EH 
and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results of the 
review. 
(2) RECOMMENDATIONS.—The report shall in-
clude the Secretary’s recommendations with respect 
to— 
(A) the sufficiency of existing Federal and 
State laws and regulations to ensure the safety 
of gas and hazardous liquid gathering lines; 
(B) the economic impacts, technical prac-
ticability, and challenges of applying existing 
Federal regulations to gathering lines that are 
not currently subject to Federal regulation 
when compared to the public safety benefits; 
and 
(C) subject to a risk-based assessment, the 
need to modify or revoke existing exemptions 
from Federal regulation for gas and hazardous 
liquid gathering lines. 
(c) 
OFFSHORE
GATHERING
LINES.—Section 
60108(c) is amended by adding at the end the following: 
‘‘(8) If, after reviewing existing Federal and State 
regulations for hazardous liquid gathering lines located 
offshore in the United States, including within the inlets
•HCON 93 EH 
of the Gulf of Mexico, the Secretary determines it is ap-
propriate, the Secretary shall issue regulations, after no-
tice and an opportunity for a hearing, subjecting offshore 
hazardous liquid gathering lines and hazardous liquid 
gathering lines located within the inlets of the Gulf of 
Mexico to the same standards and regulations as other 
hazardous liquid gathering lines. The regulations issued 
under this paragraph shall not apply to production pipe-
lines or flow lines.’’. 
SEC. 22. EXCESS FLOW VALVES. 
Section 60109(e)(3) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) DISTRIBUTION
BRANCH
SERVICES, 
MULTIFAMILY
FACILITIES, AND
SMALL
COM-
MERCIAL FACILITIES.—Not later than 2 years 
after the date of enactment of the Pipeline 
Safety, Regulatory Certainty, and Job Creation 
Act of 2011, and after issuing a final report on 
the evaluation of the National Transportation 
Safety Board’s recommendation on excess flow 
valves in applications other than service lines 
serving one single family residence, the Sec-
•HCON 93 EH 
retary, if appropriate, shall by regulation re-
quire the use of excess flow valves, or equivalent 
technology, where economically, technically, and 
operationally feasible on new or entirely re-
placed distribution branch services, multifamily 
facilities, and small commercial facilities.’’. 
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE. 
(a) IN GENERAL.—Chapter 601, as amended by this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘§ 60139. Maximum allowable operating pressure 
‘‘(a) VERIFICATION OF RECORDS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require each owner or operator of a pipe-
line facility to conduct, not later than 6 months 
after the date of enactment of this section, a 
verification of the records of the owner or operator 
relating to the interstate and intrastate gas trans-
mission pipelines of the owner or operator in class 
3 and class 4 locations and class 1 and class 2 high- 
consequence areas. 
‘‘(2) PURPOSE.—The purpose of the verification 
shall be to ensure that the records accurately reflect 
the physical and operational characteristics of the 
pipelines described in paragraph (1) and confirm the
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established maximum allowable operating pressure of 
the pipelines. 
‘‘(3) 
ELEMENTS.—The 
verification 
process 
under this subsection shall include such elements as 
the Secretary considers appropriate. 
‘‘(b) REPORTING.— 
‘‘(1) DOCUMENTATION
OF
CERTAIN
PIPE-
LINES.—Not later than 18 months after the date of 
enactment of this section, each owner or operator of 
a pipeline facility shall identify and submit to the 
Secretary documentation relating to each pipeline 
segment of the owner or operator described in sub-
section (a)(1) for which the records of the owner or 
operator are insufficient to confirm the established 
maximum allowable operating pressure of the seg-
ment. 
‘‘(2) EXCEEDANCES OF MAXIMUM ALLOWABLE 
OPERATING PRESSURE.—If there is an exceedance of 
the maximum allowable operating pressure with re-
spect to a gas transmission pipeline of an owner or 
operator of a pipeline facility that exceeds the build- 
up allowed for operation of pressure-limiting or con-
trol devices, the owner or operator shall report the 
exceedance to the Secretary and appropriate State
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authorities on or before the 5th day following the 
date on which the exceedance occurs. 
‘‘(c) DETERMINATION OF MAXIMUM ALLOWABLE OP-
ERATING PRESSURE.— 
‘‘(1) IN
GENERAL.—In the case of a trans-
mission line of an owner or operator of a pipeline fa-
cility identified under subsection (b)(1), the Sec-
retary shall— 
‘‘(A) require the owner or operator to re-
confirm a maximum allowable operating pres-
sure as expeditiously as economically feasible; 
and 
‘‘(B) determine what actions are appro-
priate for the pipeline owner or operator to take 
to maintain safety until a maximum allowable 
operating pressure is confirmed. 
‘‘(2) INTERIM
ACTIONS.—In determining the 
actions for an owner or operator of a pipeline facility 
to take under paragraph (1)(B), the Secretary shall 
take into account potential consequences to public 
safety and the environment, potential impacts on 
pipeline system reliability and deliverability, and 
other factors, as appropriate. 
‘‘(d) TESTING REGULATIONS.—
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‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary shall issue regulations for conducting tests to 
confirm the material strength of previously untested 
natural gas transmission pipelines located in high- 
consequence areas and operating at a pressure 
greater than 30 percent of specified minimum yield 
strength. 
‘‘(2) CONSIDERATIONS.—In developing the reg-
ulations, the Secretary shall consider safety testing 
methodologies, including, at a minimum— 
‘‘(A) pressure testing; and 
‘‘(B) other alternative methods, including 
in-line inspections, determined by the Secretary 
to be of equal or greater effectiveness. 
‘‘(3) COMPLETION
OF
TESTING.—The Sec-
retary, in consultation with the Chairman of the 
Federal Energy Regulatory Commission and State 
regulators, as appropriate, shall establish timeframes 
for the completion of such testing that take into ac-
count potential consequences to public safety and 
the environment and that minimize costs and service 
disruptions.
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‘‘(e) HIGH-CONSEQUENCE AREA DEFINED.—In this 
section, the term ‘high-consequence area’ means an area 
described in section 60109(a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 601 is amended by inserting after the item relating 
to section 60138 the following: 
‘‘60139. Maximum allowable operating pressure.’’. 
SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS 
BY REFERENCE. 
Section 60102, as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(p) LIMITATION
ON INCORPORATION
OF DOCU-
MENTS BY REFERENCE.—Beginning 1 year after the date 
of enactment of this subsection, the Secretary may not 
issue guidance or a regulation pursuant to this chapter 
that incorporates by reference any documents or portions 
thereof unless the documents or portions thereof are made 
available to the public, free of charge, on an Internet Web 
site.’’. 
SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND 
LOCAL GOVERNMENT PERSONNEL. 
(a) IN GENERAL.—To further the objectives of chap-
ter 601 of title 49, United States Code, the Secretary of 
Transportation may provide the services of personnel from 
the Pipeline and Hazardous Materials Safety Administra-
tion to provide training for State and local government
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personnel at a pipeline safety training facility that is es-
tablished and operated by an agency or instrumentality 
of the United States, a unit of State or local government, 
or an educational institution. 
(b) REIMBURSEMENTS
FOR TRAINING EXPENDI-
TURES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may require reim-
bursement from sources other than the Federal Gov-
ernment for all expenses incurred by the Secretary 
in providing training for State and local government 
personnel under subsection (a), including salaries, 
expenses, transportation for Pipeline and Hazardous 
Materials Safety Administration personnel, and the 
cost of training materials. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Amounts collected as reimbursement under para-
graph (1) are authorized to be appropriated for the 
purposes set forth in chapter 601 of title 49, United 
States Code. 
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, 
AND DISADVANTAGED BUSINESSES. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States, 
based upon available information, shall submit to the
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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 a comprehensive report 
assessing the levels and types of participation and methods 
of facilitating the participation of minority-owned business 
enterprises, woman-owned business enterprises, and dis-
advantaged business enterprises in the construction and 
operation of pipeline facilities in the United States. 
SEC. 27. REPORT ON PIPELINE PROJECTS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a comprehensive study regarding the 
process for obtaining Federal and State permits for 
projects to construct pipeline facilities. 
(b) EVALUATION.—In conducting the study, the 
Comptroller General shall evaluate how long it takes to 
issue permits for pipeline construction projects, the rela-
tionship between the States and the Federal Government 
in issuing such permits, and any recommendations from 
the States for improving the permitting process. 
(c) CONSULTATION.—In conducting the study, the 
Comptroller General shall consult with the Committee on 
Transportation and Infrastructure and the Committee on 
Energy and Commerce of the House of Representatives
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100 feet from high water mark to high water 
mark. 
‘‘(B) CONSIDERATION
OF
FACTORS.—In 
developing legislative recommendations under 
subparagraph (A), the Secretary shall consider 
the factors specified in section 60102(b)(2). 
‘‘(C) REPORT TO CONGRESS.—If the Sec-
retary develops legislative recommendations 
under subparagraph (A), the Secretary shall 
submit to the committees referred to in sub-
section (a)(2) a report containing the legislative 
recommendations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 601 is amended by inserting after the item relating 
to section 60139 the following: 
‘‘60140. Cover over buried pipelines.’’. 
SEC. 29. SEISMICITY. 
In identifying and evaluating all potential threats to 
each pipeline segment pursuant to parts 192 and 195 of 
title 49, Code of Federal Regulations, an operator of a 
pipeline facility shall consider the seismicity of the area. 
SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall develop 
and implement a protocol for consulting with Indian tribes
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to provide technical assistance for the regulation of pipe-
lines that are under the jurisdiction of Indian tribes. 
SEC. 
31. 
PIPELINE 
INSPECTION 
AND 
ENFORCEMENT 
NEEDS. 
(a) INSPECTION AND ENFORCEMENT NEEDS.—Not 
later than 12 months after the date of enactment of this 
Act, the Secretary of Transportation shall submit to the 
Committee on Transportation and Infrastructure and the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
provides information on— 
(1) the total number of full-time equivalent po-
sitions for pipeline inspection and enforcement per-
sonnel at the Pipeline and Hazardous Materials 
Safety Administration; 
(2) out of the total number of such positions, 
how many of the positions are not filled and the rea-
sons why the positions are not filled; 
(3) the actions the Administrator of the Pipe-
line and Hazardous Materials Safety Administration 
is taking to fill the positions; and 
(4) any additional inspection and enforcement 
resource needs of the Pipeline and Hazardous Mate-
rials Safety Administration.
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(b) STAFFING.—Subject to the availability of funds, 
the Secretary may increase the number of positions for 
pipeline inspection and enforcement personnel at the Pipe-
line and Hazardous Materials Safety Administration by 10 
full-time equivalent employees, if— 
(1) on or before September 30, 2014, the Sec-
retary fills the 135 full-time equivalent positions for 
pipeline inspection and enforcement personnel speci-
fied in section 18(e) of the Pipeline Inspection, Pro-
tection, Enforcement, and Safety Act of 2006 (120 
Stat. 3498); and 
(2) in preparing the report under subsection 
(a), the Secretary finds that additional pipeline in-
spection and enforcement personnel are necessary. 
SEC. 32. AUTHORIZATION OF APPROPRIATIONS. 
(a) 
GAS
AND
HAZARDOUS
LIQUID.—Section 
60125(a) 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 is authorized to be appropriated to 
the Department of Transportation for each of fiscal 
years 2012 through 2015, from fees collected under
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section 60301, $90,679,000, of which $4,746,000 is 
for carrying out such section 12 and $36,194,000 is 
for making grants. 
‘‘(2) TRUST FUND AMOUNTS.—In addition to 
the amounts authorized to be appropriated by para-
graph (1), there is authorized to be appropriated for 
each of fiscal years 2012 through 2015 from the Oil 
Spill Liability Trust Fund to carry out the provi-
sions of this chapter related to hazardous liquid and 
section 12 of the Pipeline Safety Improvement Act 
of 2002 (49 U.S.C. 60101 note; Public Law 107– 
355), $18,573,000, of which $2,174,000 is for car-
rying out such section 12 and $4,558,000 is for 
making grants.’’. 
(b) 
EMERGENCY
RESPONSE
GRANTS.—Section 
60125(b)(2) is amended by striking ‘‘2007 through 2010’’ 
and inserting ‘‘2012 through 2015’’. 
(c) ONE-CALL NOTIFICATION PROGRAMS.—Section 
6107 is amended— 
(1) in subsection (a) by striking ‘‘2007 through 
2010.’’ and inserting ‘‘2012 through 2015.’’; 
(2) in subsection (b) by striking ‘‘2007 through 
2010.’’ and inserting ‘‘2012 through 2015.’’; and 
(3) by striking subsection (c).
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(d) STATE DAMAGE PREVENTION PROGRAMS.—Sec-
tion 60134 is amended by adding at the end the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to provide 
grants under this section $1,500,000 for each of fiscal 
years 2012 through 2015. Such funds shall remain avail-
able until expended.’’. 
(e) COMMUNITY PIPELINE SAFETY INFORMATION 
GRANTS.—Section 60130 is amended— 
(1) in subsection (a)(1) by striking ‘‘$50,000’’ 
and inserting ‘‘$100,000’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘to grant recipients and 
their contractors’’ after ‘‘this section’’; and 
(B) by inserting ‘‘, for direct advocacy for 
or against a pipeline construction or expansion 
project,’’ after ‘‘for lobbying’’; and 
(3) in subsection (d) by striking ‘‘$1,000,000 
for each of the fiscal years 2003 through 2010’’ and 
inserting ‘‘$1,500,000 for each of fiscal years 2012 
through 2015’’. 
(f) PIPELINE TRANSPORTATION RESEARCH AND DE-
VELOPMENT.—Section 12 of the Pipeline Safety Improve-
ment Act of 2002 (49 U.S.C. 60101 note) is amended—
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(1) in subsection (d) by adding at the end the 
following: 
‘‘(3) ONGOING PIPELINE TRANSPORTATION RE-
SEARCH AND DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—After the initial 5- 
year program plan has been carried out by the 
participating agencies, the Secretary of Trans-
portation, in coordination with the Director of 
the National Institute of Standards and Tech-
nology, as appropriate, shall prepare a research 
and development program plan every 5 years 
thereafter and shall transmit a report to Con-
gress on the status and results-to-date of imple-
mentation of the program every 2 years. The 
biennial report shall include a summary of up-
dated research needs and priorities identified 
through the consultation requirements of para-
graph (2). 
‘‘(B) 
CONSULTATION.—The 
Secretary 
shall comply with the consultation requirements 
of paragraph (2) when preparing the program 
plan and in the selection and prioritization of 
research and development projects. 
‘‘(C) 
FUNDING
FROM
NON-FEDERAL 
SOURCES.—The Secretary shall ensure at least
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30 percent of the costs of program-wide re-
search and development activities are carried 
out using non-Federal sources.’’. 
(2) in subsection (f) by striking ‘‘2003 through 
2006.’’ and inserting ‘‘2012 through 2015.’’. 
Passed the House of Representatives December 14, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. CON. RES. 93 
CONCURRENT RESOLUTION 
Providing for a correction to the enrollment of the 
bill H.R. 2845.