Title: Safer Pipelines Act of 2019
Policy area: Transportation and Public Works

Summary:
Safer Pipelines Act of 2019
This bill addresses pipeline safety with respect to natural gas and hazardous liquid pipelines.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3432 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3432

  To amend title 49, United States Code, to improve the safety of the 
  Nation's natural gas and hazardous liquid pipeline systems, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2019

   Mr. Rush introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to improve the safety of the 
  Nation's natural gas and hazardous liquid pipeline systems, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safer Pipelines 
Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Purpose and general authority.
Sec. 4. Risk analysis and integrity management programs.
Sec. 5. Community right-to-know and emergency preparedness.
Sec. 6. Actions by private persons.
Sec. 7. Civil penalties.
Sec. 8. Criminal penalties.
Sec. 9. Direct hire authority for Pipeline and Hazardous Materials 
                            Safety Administration.
Sec. 10. Report.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operational Expenses.--There are authorized to be appropriated 
to the Secretary of Transportation for the necessary operational 
expenses of the Pipeline and Hazardous Materials Safety Administration 
the following amounts:
            (1) $24,215,000 for fiscal year 2020.
            (2) $24,941,450 for fiscal year 2021.
            (3) $26,460,000 for fiscal year 2022.
            (4) $27,254,000 for fiscal year 2023.
    (b) Gas and Hazardous Liquid.--Section 60125(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (1), by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) $160,800,000 for fiscal year 2020, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $50,000,000 shall be expended for making 
                grants;
                    ``(B) $165,624,000 for fiscal year 2021 of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $50,000,000 shall be expended for making 
                grants;
                    ``(C) $170,600,000 for fiscal year 2022, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $50,000,000 shall be expended for making 
                grants; and
                    ``(D) $175,700,000 for fiscal year 2023, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $50,885,000 shall be expended for making 
                grants.'';
            (2) in paragraph (2), by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) $25,000,000 for fiscal year 2020, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants;
                    ``(B) $25,000,000 for fiscal year 2021, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants;
                    ``(C) $26,000,000 for fiscal year 2022, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants; and
                    ``(D) $26,000,000 for fiscal year 2023, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants.''; and
            (3) in paragraph (3), by striking ``$8,000,000 for each of 
        fiscal years 2017 through 2019'' and inserting ``$9,000,000 for 
        each of fiscal years 2020 through 2023''.
    (c) Emergency Response Grants.--Section 60125(b)(2) of title 49, 
United States Code, is amended by striking ``$10,000,000 for each of 
fiscal years 2012 through 2015'' and inserting ``$12,000,000 for each 
of fiscal years 2020 through 2023''.
    (d) Pipeline Safety Information Grants to Communities.--Section 
60130(c) of title 49, United States Code, is amended by striking 
``section 2(b) of the PIPES Act of 2016, the Secretary shall expend 
$1,500,000 for each of fiscal years 2016 through 2019 to carry out this 
section. Such amounts shall not be derived from user fees collected 
under section 60301'' and inserting ``section 2(a) of the Safer 
Pipelines Act of 2019, the Secretary shall expend $2,000,000 for each 
of fiscal years 2020 through 2023 to carry out this section''.
    (e) State Damage Prevention Programs.--Section 60134(i) of title 
49, United States Code is amended by striking ``$1,500,000 for each of 
fiscal years 2012 through 2015'' and inserting ``$2,000,000 for each of 
fiscal years 2020 through 2023''.
    (f) One-Call Notification Programs.--Section 6107 of title 49, 
United States Code, is amended by striking ``$1,058,000 for each of 
fiscal years 2016 through 2019'' and inserting ``$2,000,000 for each of 
fiscal years 2020 through 2023''.

SEC. 3. PURPOSE AND GENERAL AUTHORITY.

    (a) Cost-Benefit Analysis.--Section 60102(b) of title 49, United 
States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraphs (C) through (E); and
                    (B) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (C) and (D), respectively; and
            (2) by striking paragraphs (3) through (7).
    (b) Safety Condition Reports.--Section 60102(h)(2) of title 49, 
United States Code, is amended by striking ``State authorities'' and 
inserting ``State officials, including local emergency responders and 
appropriate on-scene coordinators for any applicable contingency 
plans''.

SEC. 4. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

    (a) Direct Assessments.--Section 60109(c) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(12) Use of direct assessments.--
                    ``(A) Transmission pipeline facilities 
                regulation.--Not later than 2 years after the date of 
                enactment of this paragraph, the Secretary shall issue 
                regulations for methods of assessment of transmission 
                pipeline facilities under paragraph (3) that prioritize 
                methods that would provide a greater level of safety 
                than direct assessment, including the use of internal 
                inspection devices or pressure testing.
                    ``(B) Distribution pipelines study.--Not later than 
                2 years after the date of enactment of this paragraph, 
                the Secretary shall submit to the Committees on Energy 
                and Commerce and Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report containing--
                            ``(i) the results of a study of methods of 
                        assessment of distribution pipelines that may 
                        be used under paragraph (3), other than direct 
                        assessment, to determine whether any such 
                        methods--
                                    ``(I) would provide an equal or 
                                greater level of safety than direct 
                                assessment of such pipelines; and
                                    ``(II) are feasible; and
                            ``(ii) any recommendations based on such 
                        study.''.
    (b) Automatic or Remote Shutoff Valves.--Section 60109 of title 49, 
United States Code, is amended by adding at the end the following:
    ``(h) Automatic or Remote Shutoff Valves for Transmission Pipeline 
Facilities.--
            ``(1) Requirement.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), beginning on the date that is 2 years after the 
                date of enactment of this subsection, each operator of 
                a transmission pipeline facility that is located in a 
                high consequence area (as defined in subsection (g)) 
                shall, based on a risk assessment, install for the 
                transmission pipeline facility automatic or remote 
                shutoff valves, as appropriate.
                    ``(B) Inspection and enforcement.--The Secretary 
                shall conduct inspections under section 60117(c) to 
                determine whether each operator of a transmission 
                pipeline facility to which this paragraph applies is 
                complying with this section.
            ``(2) Exception.--If the Secretary requires by regulation, 
        under section 60102(n), the use of automatic or remote-
        controlled shut-off valves, or equivalent technology, on a 
        transmission pipeline facility, paragraph (1) shall not apply 
        to the transmission pipeline facility.''.

SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.

    (a) In General.--Section 60116 of title 49, United States Code, is 
amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
    ``(a) Public Education Programs.--
            ``(1) In general.--Each owner or operator of a gas or 
        hazardous liquid pipeline facility shall carry out a continuing 
        program to educate the public on--
                    ``(A) the use of a one-call notification system 
                prior to excavation and other damage prevention 
                activities;
                    ``(B) the possible hazards associated with 
                unintended releases from the pipeline facility; and
                    ``(C) the physical indications that a release from 
                a pipeline facility may have occurred, the steps that 
                should be taken for public safety in the event of such 
                a release, and how to report such a release.
            ``(2) Review and modification of existing programs.--Not 
        later than 1 year after the date of enactment of the Safer 
        Pipelines Act of 2019, each owner or operator of a gas or 
        hazardous liquid pipeline facility shall--
                    ``(A) review its existing public education program 
                for effectiveness, and modify the program as necessary; 
                and
                    ``(B) submit to the Secretary for review a detailed 
                description of its public education program, including 
                any modifications made to the program under 
                subparagraph (A).
            ``(3) Standards; material.--The Secretary may--
                    ``(A) issue standards for public education programs 
                under this section, including standards providing for 
                periodic review of such programs and modification of 
                such programs as needed; and
                    ``(B) develop material for use in the programs.
    ``(b) Liaison With State and Local Emergency Response Entities.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safer Pipelines Act of 2019, an operator of a 
        gas or hazardous liquid pipeline facility shall establish 
        liaison with--
                    ``(A) the State emergency response commission 
                established under section 301 of the Emergency Planning 
                and Community Right-To-Know Act of 1986 in each State 
                in which the pipeline facility operates; and
                    ``(B) the local emergency planning committee 
                established under such section in each emergency 
                planning district in which the pipeline facility 
                operates.
            ``(2) Availability of information.--Upon request, an 
        operator of a gas or hazardous liquid pipeline facility shall 
        make available to the applicable State emergency response 
        commissions and local emergency planning committees--
                    ``(A) the information required to be maintained 
                under section 60102(d);
                    ``(B) a copy of any integrity management program 
                adopted by the operator under section 60109; and
                    ``(C) information describing the implementation of 
                the integrity management program and the risks that the 
                program is designed to address.
            ``(3) Communities without local emergency planning 
        committees.--In a community for which a local emergency 
        planning committee has not been established, the operator of a 
        gas or hazardous liquid pipeline facility shall liaise with the 
        local fire, police, and other emergency response entities.
    ``(c) Public Availability of Reports.--The Secretary shall make 
available to the public--
            ``(1) any safety-related condition report submitted by an 
        operator under section 60102(h); and
            ``(2) a report of a pipeline incident filed by an operator 
        pursuant to this chapter.
    ``(d) Access to Integrity Management Program Information.--The 
Secretary shall prescribe requirements for public access to information 
regarding integrity management programs provided to a State authority 
pursuant to section 60109(c)(9)(C).
    ``(e) Availability of Maps.--The owner or operator of each 
interstate gas pipeline facility and interstate hazardous liquid 
pipeline facility shall--
            ``(1) not later than 1 year after the date of enactment of 
        this subsection, provide to each municipality in which the 
        pipeline facility is located a map identifying the location of 
        such facility; and
            ``(2) provide to each such municipality an updated map not 
        later than 6 months after any change to a location of such 
        facility.
    ``(f) Pipeline Segment Reports.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of the Safer Pipelines Act of 2019, and not less 
        frequently than annually thereafter, each owner or operator of 
        a gas or hazardous liquid pipeline facility shall submit to the 
        Secretary a report on pipeline segments of the facility in 
        accordance with this subsection.
            ``(2) Contents of reports.--The owner or operator of a 
        pipeline facility submitting a report under paragraph (1) shall 
        include in the report the following information for each 
        pipeline segment of the facility:
                    ``(A) The business name, address, and telephone 
                number of the owner or operator.
                    ``(B) A summary description of the pipeline 
                facility containing the pipeline segment, including a 
                general facility map and a description of any product 
                the pipeline facility transports, the length of the 
                facility, and origin and termination points.
                    ``(C) State and local emergency response liaison 
                information.
                    ``(D) A description of periodic testing methods 
                used on the pipeline segment and the frequency of such 
                testing.
                    ``(E) A summary of the results of periodic testing 
                of the pipeline segment pursuant to section 60102, 
                including any defects detected and actions taken to 
                address the defects.
                    ``(F) A description of the leak detection system in 
                use on the pipeline segment and its sensitivity.
                    ``(G) A 5-year incident history for the pipeline 
                segment.
                    ``(H) An inspection and enforcement history for the 
                pipeline segment.
                    ``(I) If applicable, a summary of integrity 
                management program activities under section 60109(c)(3) 
                related to the pipeline segment.
            ``(3) Authority of secretary.--The Secretary may modify or 
        waive any of the information required to be included in a 
        report under paragraph (2) for a pipeline facility if the 
        Secretary determines that the inclusion of such information 
        would pose a risk to the security of the pipeline facility.
            ``(4) Availability of reports.--The Secretary shall make 
        each report submitted under paragraph (1) available to the 
        public electronically.
            ``(5) Pipeline segment defined.--In this subsection, the 
        term `pipeline segment' means--
                    ``(A) with respect to a gas pipeline facility--
                            ``(i) the length of pipeline between the 
                        origin and the first compressor station;
                            ``(ii) each length of pipeline between 
                        intermittent compressor stations; and
                            ``(iii) the length of pipeline between the 
                        final compressor station and the termination 
                        point; and
                    ``(B) with respect to a hazardous liquid pipeline 
                facility--
                            ``(i) the length of pipeline between the 
                        origin and the first pumping station;
                            ``(ii) each length of pipeline between 
                        intermittent pumping stations; and
                            ``(iii) the length of pipeline between the 
                        final pumping station and the termination 
                        point.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60116 and inserting the 
following:

``60116. Community right-to-know and emergency preparedness.''.

SEC. 6. ACTIONS BY PRIVATE PERSONS.

    Section 60121 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Mandamus.--A person may bring a civil action in an 
appropriate district court of the United States to compel the Secretary 
to perform a nondiscretionary duty under this chapter that the 
Secretary has failed to perform.''.

SEC. 7. CIVIL PENALTIES.

    Section 60122(a) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``The maximum civil 
        penalty under this paragraph for a related series of violations 
        is $2,000,000.'';
            (2) in paragraph (2), by striking ``$50,000'' and inserting 
        ``$200,000''; and
            (3) in paragraph (3), by striking ``$1,000'' and inserting 
        ``$200,000''.

SEC. 8. CRIMINAL PENALTIES.

    Section 60123 of title 49, United States Code, is amended by 
striking ``knowingly and willfully'' each place it appears and 
inserting ``knowingly or recklessly''.

SEC. 9. DIRECT HIRE AUTHORITY FOR PIPELINE AND HAZARDOUS MATERIALS 
              SAFETY ADMINISTRATION.

    (a) Authority.--The Administrator of the Pipeline and Hazardous 
Materials Safety Administration may appoint qualified candidates to 
positions described in subsection (b) without regard to sections 3309 
through 3319 of title 5, United States Code.
    (b) Applicability.--The authority under subsection (a) applies with 
respect to candidates for any position that would likely allow 
increased activities relating to pipeline safety, as determined by the 
Administrator.
    (c) Termination.--The authority to make appointments under this 
section shall not be available after September 30, 2024.

SEC. 10. REPORT.

    Not later than 180 days after the date of enactment of this Act, 
and annually thereafter through calendar year 2023, the Administrator 
of the Pipeline and Hazardous Materials Safety Administration shall 
submit to Congress a report on the efforts of the Administration to 
hire women, minorities, and veterans as inspectors since January 1, 
2012.
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