H. R. 1758—554
49102.
Restricting contract awards because of discrimination against United States
goods or services.
49103.
Contract preference for domestic firms.
49104.
Restriction on airport projects using products or services of foreign coun-
tries denying fair market opportunities.
49105.
Fraudulent use of ‘‘Made in America’’ label.
§ 49101. Buying goods produced in the United States
(a) PREFERENCE.—The Secretary of Transportation may obligate
an amount that may be appropriated to carry out section 106(k),
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections
47106(d) and 47127), or chapter 481 (except sections 48102(e),
48106, 48107, and 48110) of this title for a project only if steel
and manufactured goods used in the project are produced in the
United States.
(b) WAIVER.—The Secretary may waive subsection (a) of this
section if the Secretary finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) the steel and goods produced in the United States
are not produced in a sufficient and reasonably available
amount or are not of a satisfactory quality;
(3) when procuring a facility or equipment under section
44502(a)(2) or 44509, subchapter I of chapter 471 (except sec-
tions 47106(d) and 47127), or chapter 481 (except sections
48102(e), 48106, 48107, and 48110) of this title—
(A) the cost of components and subcomponents pro-
duced in the United States is more than 60 percent of
the cost of all components of the facility or equipment;
and
(B) final assembly of the facility or equipment has
occurred in the United States; or
(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
(c) LABOR COSTS.—In this section, labor costs involved in final
assembly are not included in calculating the cost of components.
§ 49102. Restricting contract awards because of discrimina-
tion against United States goods or services
A person or enterprise domiciled or operating under the laws
of a foreign country may not make a contract or subcontract under
section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471
(except sections 47106(d) and 47127), or chapter 481 (except sections
48102(e), 48106, 48107, and 48110) of this title or subtitle B of
title IX of the Omnibus Budget Reconciliation Act of 1990 (Public
Law 101–508, 104 Stat. 1388–353) if the government of that country
unfairly maintains, in government procurement, a significant and
persistent pattern of discrimination against United States goods
or services that results in identifiable harm to United States
businesses, that the President identifies under section 305(g)(1)(A)
of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
§ 49103. Contract preference for domestic firms
(a) DEFINITIONS.—In this section—
(1) ‘‘domestic firm’’ means a business entity incorporated,
and conducting business, in the United States.
(2) ‘‘foreign firm’’ means a business entity not described
in clause (1) of this subsection.
H. R. 1758—555
(b) PREFERENCE.—Subject to subsections (c) and (d) of this
section, the Administrator of the Federal Aviation Administration
may make, with a domestic firm, a contract related to a grant
made under section 44511, 44512, or 44513 of this title that, under
competitive procedures, would be made with a foreign firm, if—
(1) the Administrator decides, and the Secretary of Com-
merce and the United States Trade Representative concur,
that the public interest requires making the contract with
the domestic firm, considering United States international
obligations and trade relations;
(2) the difference between the bids submitted by the foreign
firm and the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled
completely in the United States; and
(4) at least 51 percent of the final product of the domestic
firm will be produced in the United States.
(c) NONAPPLICATION.—Subsection (b) of this section does not
apply if—
(1) compelling national security considerations require that
subsection (b) of this section not apply; or
(2) the Trade Representative decides that making the con-
tract would violate the General Agreement on Tariffs and Trade
or an international agreement to which the United States is
a party.
(d) APPLICATION TO CERTAIN GRANTS.—This section applies only
to a contract related to a grant made under section 44511, 44512,
or 44513 of this title for which—
(1) an amount is authorized by section 48102(a), (b), or
(d) of this title to be made available for the fiscal years ending
September 30, 1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e) REPORT.—The Administrator shall submit a report to Con-
gress on—
(1) contracts to which this section applies that are made
with foreign firms in the fiscal years ending September 30,
1991, and September 30, 1992;
(2) the number of contracts that meet the requirements
of subsection (b) of this section, but that the Trade Representa-
tive decides would violate the General Agreement on Tariffs
and Trade or an international agreement to which the United
States is a party; and
(3) the number of contracts made under this section.
§ 49104. Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities
(a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this
section—
(1) ‘‘project’’ has the same meaning given that term in
section 47102 of this title.
(2) each foreign instrumentality and each territory and
possession of a foreign country administered separately for
customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in
a foreign country is a product of the country.
H. R. 1758—556
(4) a service provided by a person that is a national of
a foreign country or that is controlled by a national of a foreign
country is a service of the country.
(b) LIMITATION
ON
USE
OF
AVAILABLE
AMOUNTS.—(1) An
amount made available under subchapter I of chapter 471 of this
title (except sections 47106(d) and 47127) may not be used for
a project that uses a product or service of a foreign country during
any period the country is on the list maintained by the United
States Trade Representative under subsection (d)(1) of this section.
(2) Paragraph (1) of this subsection does not apply when the
Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project
is not in the public interest;
(B) a product or service of the same class or type and
of satisfactory quality is not produced or offered in the United
States, or in a foreign country not listed under subsection
(d)(1) of this section, in a sufficient and reasonably available
amount; and
(C) the project cost will increase by more than 20 percent
if the product or service is excluded.
(c) DECISIONS ON DENIAL OF FAIR MARKET OPPORTUNITIES.—
Not later than 30 days after a report is submitted to Congress
under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)),
the Trade Representative, for a construction project of more than
$500,000 for which the government of a foreign country supplies
any part of the amount, shall decide whether the foreign country
denies fair market opportunities for products and suppliers of the
United States in procurement or for United States bidders. In
making the decision, the Trade Representative shall consider
information obtained in preparing the report and other information
the Trade Representative considers relevant.
(d) LIST
OF COUNTRIES DENYING FAIR MARKET OPPORTUNI-
TIES.—(1) The Trade Representative shall maintain a list of each
foreign country the Trade Representative finds under subsection
(c) of this section is denying fair market opportunities. The country
shall remain on the list until the Trade Representative decides
the country provides fair market opportunities.
(2) The Trade Representative shall publish in the Federal Reg-
ister—
(A) annually the list required under paragraph (1) of this
subsection; and
(B) any modification of the list made before the next list
is published.
§ 49105. Fraudulent use of ‘‘Made in America’’ label
If the Secretary of Transportation decides that a person inten-
tionally affixed a ‘‘Made in America’’ label to goods sold in or
shipped to the United States that are not made in the United
States, the Secretary shall declare the person ineligible, for not
less than 3 nor more than 5 years, to receive a contract or grant
from the United States Government related to a contract made
under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter
471 (except sections 47106(d) and 47127), or chapter 481 (except
sections 48102(e), 48106, 48107, and 48110) of this title or subtitle
B of title IX of the Omnibus Budget Reconciliation Act of 1990
(Public Law 101–508, 104 Stat. 1388–353). The Secretary may
H. R. 1758—557
bring a civil action to enforce this section in any district court
of the United States.
SUBTITLE VIII—PIPELINES
CHAPTER
Sec.
601.
SAFETY ....................................................................................................... 60101
603.
USER FEES ................................................................................................ 60301
605.
INTERSTATE COMMERCE REGULATION ........................................... 60501
CHAPTER 601—SAFETY
Sec.
60101.
Definitions.
60102.
General authority.
60103.
Standards for liquefied natural gas pipeline facilities.
60104.
Requirements and limitations.
60105.
State certifications.
60106.
State agreements.
60107.
State grants.
60108.
Inspection and maintenance.
60109.
High-density population areas and environmentally sensitive areas.
60110.
Excess flow valves.
60111.
Financial responsibility for liquefied natural gas facilities.
60112.
Pipeline facilities hazardous to life and property.
60113.
Customer-owned natural gas service lines.
60114.
One-call notification systems.
60115.
Technical safety standards committees.
60116.
Public education programs.
60117.
Administrative.
60118.
Compliance and waivers.
60119.
Judicial review.
60120.
Enforcement.
60121.
Actions by private persons.
60122.
Civil penalties.
60123.
Criminal penalties.
60124.
Annual reports.
60125.
Authorization of appropriations.
§ 60101. Definitions
(a) In this chapter—
(1) ‘‘existing liquefied natural gas facility’’—
(A) means a liquefied natural gas facility for which
an application to approve the site, construction, or oper-
ation of the facility was filed before March 1, 1978, with—
(i) the Federal Energy Regulatory Commission (or
any predecessor); or
(ii) the appropriate State or local authority, if the
facility is not subject to the jurisdiction of the Commis-
sion under the Natural Gas Act (15 U.S.C. 717 et
seq.); but
(B) does not include a facility on which construction
is begun after November 29, 1979, without the approval.
(2) ‘‘gas’’ means natural gas, flammable gas, or toxic or
corrosive gas.
(3) ‘‘gas pipeline facility’’ includes a pipeline, a right of
way, a facility, a building, or equipment used in transporting
gas or treating gas during its transportation.
(4) ‘‘hazardous liquid’’ means—
(A) petroleum or a petroleum product; and
(B) a substance the Secretary of Transportation decides
may pose an unreasonable risk to life or property when
transported by a hazardous liquid pipeline facility in a
liquid state (except for liquefied natural gas).
H. R. 1758—558
(5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline,
a right of way, a facility, a building, or equipment used or
intended to be used in transporting hazardous liquid.
(6) ‘‘interstate gas pipeline facility’’—
(A) means a gas pipeline facility—
(i) used to transport gas; and
(ii) subject to the jurisdiction of the Commission
under the Natural Gas Act (15 U.S.C. 717 et seq.);
but
(B) does not include a gas pipeline facility transporting
gas from an interstate gas pipeline in a State to a direct
sales customer in that State buying gas for its own
consumption.
(7) ‘‘interstate hazardous liquid pipeline facility’’ means
a hazardous liquid pipeline facility used to transport hazardous
liquid in interstate or foreign commerce.
(8) ‘‘interstate or foreign commerce’’—
(A) related to gas, means commerce—
(i) between a place in a State and a place outside
that State; or
(ii) that affects any commerce described in
subclause (A)(i) of this clause; and
(B) related to hazardous liquid, means commerce
between—
(i) a place in a State and a place outside that
State; or
(ii) places in the same State through a place out-
side the State.
(9) ‘‘intrastate gas pipeline facility’’ means—
(A) a gas pipeline facility and transportation of gas
within a State not subject to the jurisdiction of the Commis-
sion under the Natural Gas Act (15 U.S.C. 717 et seq.);
and
(B) a gas pipeline facility transporting gas from an
interstate gas pipeline in a State to a direct sales customer
in that State buying gas for its own consumption.
(10) ‘‘intrastate hazardous liquid pipeline facility’’ means
a hazardous liquid pipeline facility that is not an interstate
hazardous liquid pipeline facility.
(11) ‘‘liquefied natural gas’’ means natural gas in a liquid
or semisolid state.
(12) ‘‘liquefied natural gas accident’’ means a release, burn-
ing, or explosion of liquefied natural gas from any cause, except
a release, burning, or explosion that, under regulations pre-
scribed by the Secretary, does not pose a threat to public
health or safety, property, or the environment.
(13) ‘‘liquefied natural gas conversion’’ means conversion
of natural gas into liquefied natural gas or conversion of lique-
fied natural gas into natural gas.
(14) ‘‘liquefied natural gas pipeline facility’’—
(A) means a gas pipeline facility used for transporting
or storing liquefied natural gas, or for liquefied natural
gas conversion, in interstate or foreign commerce; but
(B) does not include any part of a structure or equip-
ment located in navigable waters (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)).
(15) ‘‘municipality’’ means a political subdivision of a State.
H. R. 1758—559
(16) ‘‘new liquefied natural gas pipeline facility’’ means
a liquefied natural gas pipeline facility except an existing lique-
fied natural gas pipeline facility.
(17) ‘‘person’’, in addition to its meaning under section
1 of title 1 (except as to societies), includes a State, a municipal-
ity, and a trustee, receiver, assignee, or personal representative
of a person.
(18) ‘‘pipeline facility’’ means a gas pipeline facility and
a hazardous liquid pipeline facility.
(19) ‘‘pipeline transportation’’ means transporting gas and
transporting hazardous liquid.
(20) ‘‘State’’ means a State of the United States, the District
of Columbia, and Puerto Rico.
(21) ‘‘transporting gas’’—
(A) means the gathering, transmission, or distribution
of gas by pipeline, or the storage of gas, in interstate
or foreign commerce; but
(B) does not include gathering gas in a rural area
outside a populated area designated by the Secretary as
a nonrural area.
(22) ‘‘transporting hazardous liquid’’—
(A) means the movement of hazardous liquid by pipe-
line, or the storage of hazardous liquid incidental to the
movement of hazardous liquid by pipeline, in or affecting
interstate or foreign commerce; but
(B) does not include moving hazardous liquid through—
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing
facilities; or
(iii) storage or in-plant piping systems associated
with onshore production, refining, or manufacturing
facilities.
(b) GATHERING LINES.—(1)(A) Not later than October 24, 1994,
the Secretary shall define by regulation the term ‘‘gathering line’’.
(B) In defining ‘‘gathering line’’ for gas, the Secretary—
(i) shall consider functional and operational characteristics
of the lines to be included in the definition; and
(ii) is not bound by a classification the Commission estab-
lishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)(A) Not later than October 24, 1995, the Secretary shall
define by regulation the term ‘‘regulated gathering line’’. In defining
the term, the Secretary shall consider factors such as location,
length of line from the well site, operating pressure, throughput,
and the composition of the transported gas or hazardous liquid,
as appropriate, in deciding on the types of lines that functionally
are gathering but should be regulated under this chapter because
of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining
‘‘regulated gathering line’’ for hazardous liquid.
(ii) The definition of ‘‘regulated gathering line’’ for hazardous
liquid may not include a crude oil gathering line that has a nominal
diameter of not more than 6 inches, is operated at low pressure,
and is located in a rural area that is not unusually sensitive
to environmental damage.
H. R. 1758—560
§ 60102. General authority
(a)(1) 
MINIMUM
SAFETY
STANDARDS.—The 
Secretary 
of
Transportation shall prescribe minimum safety standards for pipe-
line transportation and for pipeline facilities. The standards—
(A) apply to transporters of gas and hazardous liquid and
to owners and operators of pipeline facilities;
(B) may apply to the design, installation, inspection, emer-
gency plans and procedures, testing, construction, extension,
operation, replacement, and maintenance of pipeline facilities;
and
(C) shall include a requirement that all individuals respon-
sible for the operation and maintenance of pipeline facilities
be tested for qualifications and certified to operate and maintain
those facilities.
(2) As the Secretary considers appropriate, the operator of
a pipeline facility may make the certification under paragraph
(1)(C) of this subsection. Testing and certification under paragraph
(1)(C) shall address the ability to recognize and react appropriately
to abnormal operating conditions that may indicate a dangerous
situation or a condition exceeding design limits.
(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A stand-
ard prescribed under subsection (a) of this section shall be prac-
ticable and designed to meet the need for gas pipeline safety,
for safely transporting hazardous liquid, and for protecting the
environment. Except as provided in section 60103 of this title,
when prescribing the standard the Secretary shall consider—
(1) relevant available—
(A) gas pipeline safety information; or
(B) hazardous liquid pipeline information;
(2) the appropriateness of the standard for the particular
type of pipeline transportation or facility;
(3) the reasonableness of the standard; and
(4) the extent to which the standard will contribute to
public safety and the protection of the environment.
(c) PUBLIC SAFETY PROGRAM REQUIREMENTS.—(1) The Secretary
shall include in the standards prescribed under subsection (a) of
this section a requirement that an operator of a gas pipeline facility
participate in a public safety program that—
(A) notifies an operator of proposed demolition, excavation,
tunneling, or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that
may be affected by the proposed demolition, excavation, tunnel-
ing, or construction, to prevent damaging the facility; and
(C) the Secretary decides will protect a facility adequately
against a hazard caused by demolition, excavation, tunneling,
or construction.
(2) To the extent a public safety program referred to in para-
graph (1) of this subsection is not available, the Secretary shall
prescribe standards requiring an operator to take action the Sec-
retary prescribes to provide services comparable to services that
would be available under a public safety program.
(3) The Secretary may include in the standards prescribed
under subsection (a) of this section a requirement that an operator
of a hazardous liquid pipeline facility participate in a public safety
program meeting the requirements of paragraph (1) of this sub-
section or maintain and carry out a damage prevention program
H. R. 1758—561
that provides services comparable to services that would be avail-
able under a public safety program.
(d) FACILITY OPERATION INFORMATION STANDARDS.—The Sec-
retary shall prescribe minimum standards requiring an operator
of a pipeline facility subject to this chapter to maintain, to the
extent practicable, information related to operating the facility and,
when requested, to provide the information to the Secretary and
an appropriate State official. The information shall include—
(1) the business name, address, and telephone number,
including an operations emergency telephone number, of the
operator;
(2) accurate maps and a supplementary geographic descrip-
tion, including an identification of areas described in regula-
tions prescribed under section 60109 of this title, that show
the location in the State of—
(A) major gas pipeline facilities of the operator, includ-
ing transmission lines and significant distribution lines;
and
(B) major hazardous liquid pipeline facilities of the
operator;
(3) a description of—
(A) the characteristics of the operator’s pipelines in
the State; and
(B) products transported through the operator’s pipe-
lines in the State;
(4) the manual that governs operating and maintaining
pipeline facilities in the State;
(5) an emergency response plan describing the operator’s
procedures for responding to and containing releases, includ-
ing—
(A) identifying specific action the operator will take
on discovering a release;
(B) liaison procedures with State and local authorities
for emergency response; and
(C) communication and alert procedures for imme-
diately notifying State and local officials at the time of
a release; and
(6) other information the Secretary considers useful to
inform a State of the presence of pipeline facilities and oper-
ations in the State.
(e) PIPE INVENTORY STANDARDS.—The Secretary shall prescribe
minimum standards requiring an operator of a pipeline facility
subject to this chapter and, to the extent the Secretary considers
necessary, an operator of a gathering line that is not a regulated
gathering line (as defined under section 60101(b)(2) of this title),
to maintain for the Secretary, to the extent practicable, an inventory
with appropriate information about the types of pipe used for the
transmission of gas or hazardous liquid, as appropriate, in the
operator’s system and additional information, including the mate-
rial’s history and the leak history of the pipe. The inventory—
(1) for a gas pipeline facility, shall include an identification
of each facility passing through an area described in regulations
prescribed under section 60109 of this title but shall exclude
equipment used with the compression of gas; and
(2) for a hazardous liquid pipeline facility, shall include
an identification of each facility and gathering line passing
through an area described in regulations prescribed under sec-
H. R. 1758—562
tion 60109 of this title, whether the facility or gathering line
otherwise is subject to this chapter, but shall exclude equipment
associated only with the pipeline pumps or storage facilities.
(f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Sec-
retary shall prescribe minimum safety standards requiring that
the design and construction of a new gas pipeline transmission
facility or hazardous liquid pipeline facility, and the required
replacement of an existing gas pipeline transmission facility,
hazardous liquid pipeline facility, or equipment, be carried out,
to the extent practicable, in a way that accommodates the passage
through the facility of an instrumented internal inspection device
(commonly referred to as a ‘‘smart pig’’). The Secretary may apply
the standard to an existing gas or hazardous liquid transmission
facility and require the facility to be changed to allow the facility
to be inspected with an instrumented internal inspection device
if the basic construction of the facility will accommodate the device.
(2) Not later than October 24, 1995, the Secretary shall pre-
scribe regulations requiring the periodic inspection of each pipeline
the operator of the pipeline identifies under section 60109 of this
title. The regulations shall include any circumstances under which
an inspection shall be conducted with an instrumented internal
inspection device and, if the device is not required, use of an
inspection method that is at least as effective as using the device
in providing for the safety of the pipeline.
(g) EFFECTIVE DATES.—A standard prescribed under this section
and section 60110 of this title is effective on the 30th day after
the Secretary prescribes the standard. However, the Secretary for
good cause may prescribe a different effective date when required
because of the time reasonably necessary to comply with the stand-
ard. The different date must be specified in the regulation prescrib-
ing the standard.
(h) SAFETY CONDITION REPORTS.—(1) The Secretary shall pre-
scribe regulations requiring each operator of a pipeline facility
(except a master meter) to submit to the Secretary a written report
on any—
(A) condition that is a hazard to life, property, or the
environment; and
(B) safety-related condition that causes or has caused a
significant change or restriction in the operation of a pipeline
facility.
(2) The Secretary must receive the report not later than 5
working days after a representative of a person to which this
section applies first establishes that the condition exists. Notice
of the condition shall be given concurrently to appropriate State
authorities.
(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate
carbon dioxide transported by a hazardous liquid pipeline facility.
The Secretary shall prescribe regulations related to hazardous liq-
uid to ensure the safe transportation of carbon dioxide by such
a facility.
(j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than
October 24, 1994, the Secretary shall survey and assess the
effectiveness of emergency flow restricting devices (including
remotely controlled valves and check valves) and other procedures,
systems, and equipment used to detect and locate hazardous liquid
pipeline ruptures and minimize product releases from hazardous
liquid pipeline facilities.