minorities, and veterans as inspectors since January 1, 
2012. 
SEC. 26. PLAN TO COMBINE STATE DAMAGE PREVENTION 
AND ONE-CALL NOTIFICATION PROGRAMS. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to 
the Committees on Energy and Commerce and Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a plan to combine the activities carried 
out by the Secretary under sections 6106 and 60134 of title 
49, United States Code. 
SEC. 27. GAS GATHERING LINES. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue final regulations on gas gathering lines 
based on the notice of proposed rulemaking published on 
April 8, 2016, titled ‘‘Pipeline Safety: Safety of Gas Trans-
mission and Gathering Pipelines’’ (81 Fed. Reg. 20722). 
(b) REGULATIONS.—The final regulations issued under 
subsection (a) shall cover— 
(1) all gas gathering lines in class 4, class 3, and 
class 2 locations, as classified in section 192.5 of title 
49, Code of Federal Regulations; and 
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(2) gas gathering lines with a diameter of at 
least 8 inches that are located in a class 1 location, 
as classified in section 192.5 of title 49, Code of Fed-
eral Regulations. 
SEC. 28. REGULATORY UPDATES. 
(a) DEFINITION OF OUTSTANDING REGULATION.—In 
this section, the term ‘‘outstanding regulation’’ means— 
(1) a final rule required to be issued under the 
Pipeline Safety, Regulatory Certainty, and Job Cre-
ation Act of 2011 (Public Law 112–90; 125 Stat. 
1904) that has not been published in the Federal Reg-
ister; 
(2) a final rule required to be issued under the 
Protecting our Infrastructure of Pipelines and En-
hancing Safety Act of 2016 (Public Law 114–183; 
130 Stat. 514) that has not been published in the 
Federal Register; and 
(3) any other final rule regarding gas or haz-
ardous liquid pipeline facilities required to be issued 
under this Act or an Act enacted before the date of 
enactment of this Act that has not been published by 
the date required in such Act in the Federal Register. 
(b) REQUIREMENT.—Not later than 5 days after the 
date of enactment of this Act, and every 30 days thereafter 
until an outstanding regulation is published in the Federal 
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Register, the Secretary of Transportation shall provide an 
update on the status of each outstanding regulation by— 
(1) publishing on a publicly available website of 
the Department of Transportation information re-
garding the status of each outstanding regulation; 
and 
(2) submitting notification to the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Energy and Com-
merce of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
(c) CONTENTS.—The information described in section 
(b)(1) shall include— 
(1) with respect to an outstanding regulation 
under review by the Office of the Secretary for not 
more than 45 days— 
(A) the date that such outstanding regula-
tion was submitted to the Office of the Secretary 
for review; and 
(B) the staff allocations within the Office of 
the Secretary with respect to each such out-
standing regulation and any resource constraints 
affecting the review; 
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(2) with respect to an outstanding regulation 
under review by the Office of the Secretary for more 
than 45 days— 
(A) the information described in paragraph 
(1); 
(B) a description of why such outstanding 
regulation is under extended review; 
(C) a work plan for finalizing review of 
such outstanding regulation; and 
(D) the date of anticipated completion of 
such review; 
(3) with respect to an outstanding regulation 
that has been transmitted to neither the Office of 
Management and Budget nor the Office of the Sec-
retary— 
(A) a description of the work plan for such 
outstanding regulation; 
(B) the anticipated date on which such reg-
ulation will be transmitted to the Office of Man-
agement and Budget and the Office of the Sec-
retary; 
(C) the staff allocations with respect to such 
outstanding regulation; 
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(D) any resource constraints affecting the 
rulemaking process for such outstanding regula-
tion; and 
(E) any other details associated with the de-
velopment of such outstanding regulation that af-
fect the progress of the rulemaking process with 
respect to such outstanding regulation; and 
(4) with respect to an outstanding regulation 
that has been transmitted to the Office of Manage-
ment and Budget— 
(A) the date such outstanding regulation 
was submitted to the Office of Management and 
Budget for review; and 
(B) a statement of whether the outstanding 
regulation remains under review by the Office of 
Management and Budget or has been transmitted 
for further review by the Office of the Secretary 
or the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration. 
SEC. 29. COMPONENT VERIFICATION. 
(a) IN GENERAL.— 
(1) VERIFICATION.—Section 60102(e) of title 49, 
United States Code, is amended— 
(A)(i) in paragraph (1), by striking ‘‘and’’ 
at the end; and 
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(ii) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively 
(and by adjusting the margins accordingly); 
(C) by striking ‘‘The Secretary shall’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary shall’’; and 
(D) by adding at the end the following: 
‘‘(C) for facilities identified under subpara-
graphs (A) and (B), shall include, for all pipes 
and related components for which the regulations 
of the Pipeline and Hazardous Materials Safety 
Administration require compliance with a stand-
ard incorporated by reference for such pipe or re-
lated component, documentation of verification 
that such pipe or related component meets such 
standard. 
‘‘(2) VERIFICATION.—The verification described 
in paragraph (1)(C) shall be conducted by— 
‘‘(A) an independent third party on behalf 
of the operator; 
‘‘(B) the operator, so long as such operator 
does not pay, or receive payment from, a manu-
facturer, distributor, or supplier of a pipe or re-
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(B) purchased on or after the date of enact-
ment of this Act. 
(b) REVIEW OF COMPLIANCE OF FLANGES AND FIT-
TINGS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Comptroller 
General of the United States shall complete a review 
of the compliance of flanges and fittings of a pipeline 
facility (as such term is defined in section 60101 of 
title 49, United States Code) with Federal require-
ments. 
(2) CONTENTS OF REVIEW.—The review required 
under paragraph (1) shall include— 
(A) a compilation of the existing standards 
that are incorporated by reference in regulations 
of the Pipeline and Hazardous Materials Safety 
Administration and apply to the manufacturing, 
operation, and maintenance of such flanges and 
fittings; 
(B) a review of the existing oversight au-
thority of the Secretary of Transportation over 
manufacturers and distributors of such flanges 
and fittings and any lack of oversight authority 
that could lead to incidents or accidents; 
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(C) an analysis of the degree of compliance 
by such manufacturers and distributors with the 
standards described in subparagraph (A), the 
identification of any instances of non-compliance 
with such standards, and the form, degree, and 
scope of such non-compliance; 
(D) a review of the extent to which 
verification (as such term is defined in section 
60102(e) of title 49, United States Code, as 
added by this section) by operators of pipeline 
facilities of whether such flanges and fittings of 
pipeline facilities meet the applicable standards 
described in subparagraph (A) is occurring; 
(E) a review of the safety benefits of requir-
ing pipeline incident reports to include the iden-
tification of the manufacturer of the flanges and 
fittings involved in those incidents; and 
(F) an identification and recommendation 
of any additional authorities or responsibilities 
for the Secretary of Transportation, or addi-
tional standards, necessary to improve the safety 
and integrity of flanges and fittings through 
manufacturing and distribution. 
(3) REPORT.—Not later than 210 days after the 
date of enactment of this Act, the Comptroller General 
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shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, and the Secretary of Transportation 
a report containing the results of the review completed 
under paragraph (1) and any recommendations for 
legislation or changes to existing regulations. 
(4) PUBLIC COMMENT PROCESS.— 
(A) IN GENERAL.—Not later than 30 days 
after submission of the report required under 
paragraph (3) to the Secretary, the Secretary 
shall provide a period of not fewer than 60 days 
for public comment regarding such report. 
(B) REPORT.—Not later than 180 days 
after the end of the public comment period de-
scribed in subparagraph (A), the Secretary shall 
publish in the Federal Register a report respond-
ing to the public comments submitted. 
(C) CONTENTS OF REPORT.—In the report 
described in subparagraph (B), the Secretary 
shall indicate any anticipated actions the Sec-
retary will take with respect to flanges and fit-
tings of a pipeline facility based on the com-
ments submitted under this paragraph and the 
report under paragraph (3). 
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SEC. 30. CODIFICATION OF FINAL RULE. 
The amendments to the Code of Federal Regulations 
made pursuant to the final rule of the Environmental Pro-
tection Agency, titled ‘‘Oil and Natural Gas Sector: Emis-
sion Standards for New, Reconstructed, and Modified 
Sources’’ and published in the Federal Register on June 3, 
2016 (81 Fed. Reg. 35824), shall have the same force and 
effect of law as if such amendments had been enacted by 
an Act of Congress, except that the Administrator of the 
Environmental Protection Agency may revise such regula-
tions, as provided for under the Clean Air Act, if such revi-
sion would result in a reduction in gas release. 
SEC. 31. THREATENING SAFE OPERATIONS OF PIPELINE IN-
FRASTRUCTURE. 
Section 60123 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(e) PENALTY FOR THREATENING THE SAFE OPER-
ATIONS OF PIPELINE INFRASTRUCTURE.— 
‘‘(1) IN
GENERAL.—A person knowingly and 
willfully engaging in the unauthorized turning or 
manipulation of a valve of any pipeline facility de-
scribed in subsection (b) shall be fined under title 18, 
imprisoned for not more than 5 years, or both. 
‘‘(2) RULE
OF
STATUTORY
CONSTRUCTION.— 
Nothing in this subsection abridges the exercise of 
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rights guaranteed under the First Amendment to the 
Constitution of the United States.’’. 
SEC. 32. PENALTY FOR CAUSING A DEFECT IN PIPELINE IN-
FRASTRUCTURE UNDER CONSTRUCTION. 
Section 60123 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(f) PENALTY FOR CAUSING A DEFECT IN PIPELINE 
INFRASTRUCTURE UNDER CONSTRUCTION.— 
‘‘(1) IN
GENERAL.—A person knowingly and 
willfully causing a defect in a pipe, pump, or valve 
intended to be used in any pipeline facility described 
in subsection (b) that would affect the integrity or 
safe operation of any such facility shall be fined 
under title 18, imprisoned for not more than 5 years, 
or both. 
‘‘(2) RULE
OF
STATUTORY
CONSTRUCTION.— 
Nothing in this subsection abridges the exercise of 
rights guaranteed under the First Amendment to the 
Constitution of the United States.’’. 
SEC. 33. USE OF A FIREARM TO DAMAGE PIPELINE INFRA-
STRUCTURE UNDER CONSTRUCTION. 
Section 60123 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(g) PENALTY FOR USING A FIREARM TO DAMAGE 
PIPELINE INFRASTRUCTURE UNDER CONSTRUCTION.— 
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‘‘(1) IN
GENERAL.—A person knowingly and 
willfully using a firearm to puncture or damage a 
pipe, pump, or valve intended to be used in any pipe-
line facility described in subsection (b) shall be fined 
under title 18, imprisoned for not more than 5 years, 
or both. 
‘‘(2) RULE
OF
STATUTORY
CONSTRUCTION.— 
Nothing in this subsection abridges the exercise of 
rights guaranteed under the First Amendment to the 
Constitution of the United States.’’. 
SEC. 34. PIPELINE SAFETY VOLUNTARY INFORMATION- 
SHARING SYSTEM. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 60146. Voluntary information-sharing system 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
funds, the Secretary may establish a confidential and 
nonpunitive voluntary information-sharing system 
(referred to in this section as the ‘System’) to encour-
age collaborative efforts to improve inspection infor-
mation feedback and information sharing, with the 
purpose of improving natural gas transmission and 
hazardous liquid pipeline safety. 
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‘‘(2) COMPONENTS.—The System— 
‘‘(A) shall include pipeline integrity risk 
analysis information; and 
‘‘(B) may include other information relat-
ing to reducing pipeline incidents, such as— 
‘‘(i) lessons learned from accidents and 
near misses; 
‘‘(ii) process improvements; 
‘‘(iii) technology deployments; and 
‘‘(iv) other voluntary information- 
sharing systems. 
‘‘(3) REQUIREMENT.—The System shall protect 
proprietary information while encouraging the ex-
change of data, including in-line inspection and dig 
verification data, among operators, tool vendors, and 
the representatives of the Secretary to facilitate the 
development of— 
‘‘(A) advanced pipeline-inspection tech-
nologies; and 
‘‘(B) enhanced risk analysis. 
‘‘(4) CONSULTATION.—If appropriate, the Sec-
retary may involve other public and private stake-
holders in establishing and maintaining the System. 
‘‘(b) DATA MANAGER.—In carrying out this section, 
the Secretary may engage a partner agency or nongovern-
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mental entity to receive, store, manage, and provide for the 
use of— 
‘‘(1) system data; and 
‘‘(2) information submitted to the System. 
‘‘(c) LIMITATION ON DISCLOSURE.— 
‘‘(1) APPLICABILITY OF FOIA.—Any part of any 
record (including, but not limited to an analysis by 
a pipeline operator of the safety risks of the pipeline 
operator and a statement of the mitigation measures 
identified by the pipeline operator to address those 
risks) provided to the Secretary and retained in the 
System is exempt from the requirements of section 
552 of title 5, and specifically exempt from release 
under subsection (b)(3) of that section, if the record 
is— 
‘‘(A) supplied to the Secretary for purposes 
of the System; or 
‘‘(B) made available for inspection and 
copying by an officer, employee, or agent of the 
Secretary for purposes of the System. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Secretary in consultation with the informa-
tion owner, may disclose deidentified material or any 
part of any record comprised of facts otherwise avail-
able to the public if, in the sole discretion of the Sec-
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retary, the Secretary determines that disclosure would 
be consistent with the confidentiality needed for the 
System and improve pipeline safety. 
‘‘(d) EXCLUDED EVIDENCE.—Except as provided in 
subsection (f), any data or information submitted to or 
stored, managed, analyzed, or produced by the System shall 
not be used— 
‘‘(1) as evidence for any purpose in any Federal, 
State, local, Tribal, or private litigation, including 
any action or proceeding; or 
‘‘(2) to support any corrective action relating to 
a probable violation under this chapter (including 
any regulation promulgated or order issued under 
this chapter). 
‘‘(e) EXCLUSION FROM DISCOVERY.—Except as pro-
vided in subsection (f), any data or information submitted 
to or stored, managed, analyzed, or produced by the System 
shall not be subject to discovery in any Federal, State, local, 
Tribal, or private litigation or other proceeding. 
‘‘(f) LIMITATIONS ON EXCLUSION.—The exclusions de-
scribed in subsections (d) and (e) shall not apply to— 
‘‘(1) evidence of a knowing and willful violation; 
‘‘(2) a reportable release under sections 191.7 or 
195.50 of title 49, Code of Federal Regulations (or a 
successor regulation); 
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‘‘(3) a safety-related condition under sections 
191.7 or 195.55 of title 49, Code of Federal Regula-
tions (or a successor regulation); or 
‘‘(4) data or information obtained by the Sec-
retary independently of the System. 
‘‘(g) GOVERNING BOARD.—Not later than 180 days 
after the date of enactment of this section, the Adminis-
trator shall establish a governing board co-chaired by the 
Administrator and a representative of the pipeline industry 
to— 
‘‘(1) govern the System through consensus of the 
board and co-chairs; 
‘‘(2) develop governance documents and oversee 
their enforcement; and 
‘‘(3) establish and appoint members of issue 
analysis teams; 
‘‘(h) CONFIDENTIALITY.—No person, including any 
System governing board member, program manager, third- 
party data manager, issue analysis team member, nor any 
Federal, State, local or tribal agency, having or obtaining 
access to any data or information submitted to, stored, 
managed, analyzed or produced by the System, shall release 
or communicate that information to any person outside the 
System, with the sole exception being the publication of re-
ports by the System based on analysis of de-identified infor-
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mation and safety related findings that the System gov-
erning board in its sole discretion determines to publish or 
authorize the Administration to publish. 
‘‘(i) VOLUNTARY PARTICIPATION.—No person may be 
compelled to participate in or submit data or information 
to the System. 
‘‘(j) SUSTAINABLE FUNDING.—The Secretary shall ex-
plore sustainable funding sources for the System, including 
public-private partnerships. 
‘‘(k) EFFECT.—Nothing in this section affects any Fed-
eral or State pipeline safety law. 
‘‘(l) LIMITATION ON FUNDING.—The Secretary may 
expend not more than $1,000,000 for each of the fiscal years 
2020 through 2024 to establish the System. 
‘‘(m) SAVINGS CLAUSE.—Notwithstanding the protec-
tions provided under this section, no pipeline operator may 
use the submission of information to the System as protec-
tion against enforcement actions or corrective orders that 
are based on information or evidence obtained outside of 
the System.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 601 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘60146.Voluntary information-sharing system.’’. 
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Union Calendar No. 545 
116TH CONGRESS 
2D SESSION 
H. R. 5120 
[Report No. 116–661, Part I] 
A BILL 
To amend title 49, United States Code, to provide 
enhanced safety and environmental protection in 
pipeline transportation, and for other purposes. 
DECEMBER 17, 2020 
Reported from the Committee on Transportation and 
Infrastructure with an amendment 
DECEMBER 17, 2020 
Committee on Energy and Commerce discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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