[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6494 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6494
To amend title 49, United States Code, to provide enhanced safety in
pipeline transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2023
Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr.
Nehls, and Mr. Payne) 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 provide enhanced safety in
pipeline transportation, 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 ``Promoting
Innovation in Pipeline Efficiency and Safety Act of 2023'' or the
``PIPES Act of 2023''.
(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. Definitions.
Sec. 4. Workforce development.
Sec. 5. Regulatory updates.
Sec. 6. Incorporation by reference.
Sec. 7. Inspection activity reporting.
Sec. 8. Technical safety standards committees.
Sec. 9. Sense of Congress on PHMSA engagement prior to rulemaking
activities.
Sec. 10. Office of Public Engagement.
Sec. 11. Class location changes.
Sec. 12. Pipeline operating status.
Sec. 13. Rights-of-way management.
Sec. 14. Study on composite materials for pipelines.
Sec. 15. Competitive Academic Agreement Program.
Sec. 16. Geohazard mitigation study.
Sec. 17. Special permit program.
Sec. 18. Excavation damage prevention.
Sec. 19. Integrity management study.
Sec. 20. Hydrogen study.
Sec. 21. Penalty for causing a defect in or disrupting operation of
pipeline infrastructure.
Sec. 22. Civil penalties.
Sec. 23. Liquefied natural gas regulatory coordination.
Sec. 24. Pipeline safety voluntary information-sharing system.
Sec. 25. Carbon dioxide pipelines.
Sec. 26. Opportunity for formal hearing.
Sec. 27. State pipeline safety grants reporting.
Sec. 28. Inspection of in-service breakout tanks.
Sec. 29. Disclosure of safety information assessment.
Sec. 30. Assessment of certain pipeline safety definitions.
Sec. 31. Report assessing the costs of pipeline failures.
Sec. 32. Study on localized emergency alert system for pipeline
facilities incidents.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act of
2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
provisions of this chapter relating to gas and hazardous
liquid--
``(A) $181,400,000 for fiscal year 2024, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $73,000,000 shall be used for making
grants;
``(B) $189,800,000 for fiscal year 2025, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $75,000,000 shall be used for making
grants; and
``(C) $198,200,000 for fiscal year 2026, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $77,000,000 shall be used for making
grants;
``(D) $206,600,000 for fiscal year 2027, of which--
``(i) $9,000,000 shall be used to carry out
section 12 of the Pipeline Safety Improvement
Act of 2002 (49 U.S.C. 60101 note; Public Law
107-355); and
``(ii) $79,000,000 shall be used for making
grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986 to carry out section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107-355) and the provisions of this chapter relating to
hazardous liquid--
``(A) $30,000,000 for fiscal year 2024, of which--
``(i) $2,000,000, pursuant to the authority
in section 12(f) of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), shall be used to carry out
section 12 of such Act; and
``(ii) $11,000,000 shall be used for making
grants;
``(B) $30,500,000 for fiscal year 2025, of which--
``(i) $2,000,000, pursuant to the authority
in section 12(f) of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), shall be used to carry out
section 12 of such Act; and
``(ii) $11,500,000 shall be used for making
grants; and
``(C) $31,000,000 for fiscal year 2026, of which--
``(i) $2,000,000, pursuant to the authority
in section 12(f) of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), shall be used to carry out
section 12 of such Act; and
``(ii) $12,000,000 shall be used for making
grants;
``(D) $31,500,000 for fiscal year 2027, of which--
``(i) $2,000,000, pursuant to the authority
in section 12(f) of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note;
Public Law 107-355), shall be used to carry out
section 12 of such Act; and
``(ii) $12,500,000 shall be used for making
grants.
``(3) Underground natural gas storage facility safety
account.--From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $7,000,000 for each of fiscal years 2024 through
2027.
``(4) Recruitment and retention.--From amounts made
available to the Secretary under paragraphs (1) and (2), the
Secretary shall use, to carry out section 104(a) of the PIPES
Act of 2023 and section 102(c) of the Protecting our
Infrastructure of Pipelines and Enhancing Safety Act of 2020
(Public Law 116-260)--
``(A) $3,400,000 for fiscal year 2024, of which--
``(i) $2,890,000 shall be from amounts made
available under paragraph (1)(A); and
``(ii) $510,000 shall be from amounts made
available under paragraph (2)(A);
``(B) $5,100,000 for fiscal year 2025, of which--
``(i) $4,335,000 shall be from amounts made
available under paragraph (1)(B); and
``(ii) $765,000 shall be from amounts made
available under paragraph (2)(B);
``(C) $6,800,000 for fiscal year 2026, of which--
``(i) $5,780,000 shall be from amounts made
available under paragraph (1)(C); and
``(ii) $1,020,000 shall be from amounts
made available under paragraph (2)(C); and
``(D) $8,500,000 for fiscal year 2027, of which--
``(i) $7,225,000 shall be from amounts made
available under paragraph (1)(D); and
``(ii) $1,275,000 shall be from amounts
made available under paragraph (2)(D).''.
(b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
(Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
(1) through (3) and inserting the following:
``(1) $31,000,000 for fiscal year 2024.
``(2) $32,000,000 for fiscal year 2025.
``(3) $33,000,000 for fiscal year 2026.
``(4) $34,000,000 for fiscal year 2027.''.
(c) One-Call Notification Programs.--Section 6107 of title 49,
United States Code, is amended by striking ``$1,058,000 for each of
fiscal years 2021 through 2023'' and inserting ``$1,060,000 for each of
fiscal years 2024 through 2027''.
(d) Emergency Response Grants.--Section 60125(b)(2) of title 49,
United States Code, is amended by striking ``fiscal years 2021 through
2023'' and inserting ``fiscal years 2024 through 2027''.
(e) Pipeline Safety Information Grants to Communities.--Section
60130(c)(1) of title 49, United States Code, is amended by striking
``$2,000,000 for each of fiscal years 2021 through 2023 to carry out
this section.'' and inserting the following: ``, to carry out this
section, the following:
``(A) $2,250,000 for fiscal year 2024.
``(B) $2,500,000 for fiscal year 2025.
``(C) $2,750,000 for fiscal year 2026.
``(D) $3,000,000 for fiscal year 2027.''.
(f) Damage Prevention Programs.--Section 60134(i) of title 49,
United States Code, is amended in the first sentence by striking
``fiscal years 2021 through 2023'' and inserting ``fiscal years 2024
through 2027''.
(g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended--
(1) by striking ``$3,000,000'' and inserting
``$2,000,000''; and
(2) by striking ``2021 through 2023'' and inserting ``2024
through 2027''.
SEC. 3. DEFINITIONS.
Section 60101(a) of title 49, United States Code, is amended--
(1) in paragraph (8)(B) by inserting ``and carbon dioxide''
after ``hazardous liquid'';
(2) in paragraph (18) by inserting ``, a carbon dioxide
pipeline facility,'' after ``gas pipeline facility'';
(3) in paragraph (19) by inserting ``, transporting carbon
dioxide,'' after ``transporting gas'';
(4) in paragraph (24) by inserting ``, carbon dioxide,''
after ``a gas'';
(5) in paragraph (25) by striking ``and'' at the end;
(6) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (9), (7), (10), (8), (11), (12), (13), (14), (15), (16),
(17), (18), (19), (23), (24), (25), (20), (21), (22), and (26)
as paragraphs (4), (5), (6), (7), (8), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (23), (24), (25),
(27), (28), (29), (30), (32), (33), and (35), respectively, and
transferring the paragraphs so as to appear in numerical order;
(7) by inserting before paragraph (4), as so redesignated,
the following:
``(1) `carbon dioxide' means a product stream consisting of
more than 50 percent carbon dioxide molecules in any state of
matter except solid;
``(2) `carbon dioxide pipeline facility'--
``(A) means a pipeline, a right of way, a facility,
a building, or equipment used, or intended to be used,
in transporting carbon dioxide or treating carbon
dioxide during the transportation of such carbon
dioxide; but
``(B) does not include any storage facility,
piping, or equipment covered by the exclusion in
section 60102(i)(3)(B)(ii);
``(3) `de-identified' means the process by which all
information that is likely to establish the identity of the
specific persons, organizations, or entities submitting
reports, data, or other information is removed from reports,
data, or other information;'';
(8) by inserting after paragraph (8), as so redesignated,
the following:
``(9) `interstate carbon dioxide pipeline facility' means a
carbon dioxide pipeline facility used to transport carbon
dioxide in interstate or foreign commerce;
``(10) `intrastate carbon dioxide pipeline facility' means
a carbon dioxide pipeline facility that is not an interstate
carbon dioxide facility;'';
(9) by inserting after paragraph (21), as so redesignated,
the following:
``(22) `non-public pipeline safety data and information'
means any pipeline safety data or information regardless of
form or format, that a company does not disclose, disseminate,
or make available to the public or that is not otherwise in the
public domain;'';
(10) by inserting after paragraph (25), as so redesignated,
the following:
``(26) `public information' means any data or information,
regardless of form or format, that a company discloses,
disseminates, or makes available to the public or that is
otherwise in the public domain;'';
(11) by inserting after paragraph (30), as so redesignated,
the following:
``(31) `transporting carbon dioxide' means the movement of
carbon dioxide or the storage of carbon dioxide incidental to
the movement of carbon dioxide by pipeline, in or affecting,
interstate or foreign commerce;''; and
(12) by inserting after paragraph (33), as so redesignated,
the following:
``(34) `Tribal' means relating to Indian Tribes, as such
term is defined in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5130); and''.
SEC. 4. WORKFORCE DEVELOPMENT.
(a) Additional Full-Time Equivalent Employees.--In addition to the
personnel level authorized for the Pipeline and Hazardous Materials
Safety Administration as of the date of enactment of this Act, the
Administrator of such Administration may increase the number of full-
time equivalent employees in the Office of Pipeline Safety by not more
than 30 positions for employees who have advanced engineering,
scientific, or other technical expertise (or equivalent experience)
to--
(1) develop and implement pipeline safety policies and
regulations; and
(2) fulfill congressional rulemaking mandates.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall submit to
Congress a report on--
(1) any progress made on implementation of subsection (a);
(2) the implementation of the recruitment and retention
incentives authorized in section 102 of the PIPES Act of 2020
(Public Law 116-260);
(3) barriers and challenges to hiring and retention at the
Administration;
(4) staffing levels of inspection and enforcement personnel
of the Administration; and
(5) any additional workforce needs of the Administration.
(c) Effect on Existing Regulation.--Section 102(c) of the PIPES Act
of 2020 (49 U.S.C. 60101 note) is amended by striking paragraph (3) and
inserting the following:
``(3) Effect on existing regulation.--In implementing the
incentives described in paragraph (1), the Secretary, in
consultation with the Administrator of the Pipeline and
Hazardous Materials Safety Administration, may waive existing
regulations.''.
SEC. 5. REGULATORY UPDATES.
(a) Definition of Outstanding Mandate.--In this section, the term
``outstanding mandate'' means--
(1) a final rule required to be issued under the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90) that has not been published in the Federal
Register;
(2) a final rule required to be issued under the PIPES Act
of 2016 (Public Law 114-183) that has not been published in the
Federal Register;
(3) a final rule required to be issued under the PIPES Act
of 2020 (Public Law 116-260) that has not been published in the
Federal Register; and
(4) any other final rule regarding gas or hazardous liquid
pipeline facilities that--
(A) has not been published in the Federal Register;
and
(B) is required to be issued under this Act or any
other Act.
(b) Requirements.--
(1) Periodic updates.--Not later than 30 days after the
date of enactment of this Act, and every 30 days thereafter
until each outstanding mandate is published in the Federal
Register, the Secretary of Transportation shall publish on a
publicly available website of the Department of Transportation
an update regarding the status of each such mandate in
accordance with subsection (c).
(2) Notification of congress.--On publication of a final
rule in the Federal Register for an outstanding mandate, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce of
the House of Representatives a notification of such
publication.
(c) Contents.--An update published or a notification submitted
under subsection (b)(1) shall contain, as applicable--
(1) with respect to information relating to the
Administration--
(A) a description of the work plan for each
outstanding mandate;
(B) an updated rulemaking timeline for each
outstanding mandate;
(C) the staff allocations with respect to each
outstanding mandate;
(D) any resource constraints affecting the
rulemaking process for each outstanding mandate;
(E) any other details associated with the
development of each outstanding mandate that affect the
progress of the rulemaking process with respect to that
outstanding mandate; and
(F) a description of all rulemakings regarding gas
or hazardous liquid pipeline facilities published in
the Federal Register that are not identified under
subsection (b)(2); and
(2) with respect to information relating to the Office of
the Secretary--
(A) the date that the outstanding mandate was
submitted to the Office of the Secretary for review;
(B) the reason that the outstanding mandate is
under review beyond 45 days;
(C) the staff allocations within the Office of the
Secretary with respect to each outstanding mandate;
(D) any resource constraints affecting review of
the outstanding mandate;
(E) an estimated timeline of when review of the
outstanding mandate will be complete, as of the date of
the update;
(F) if applicable, the date that the outstanding
mandate was returned to the Administration for revision
and the anticipated date for resubmission to the Office
of the Secretary;
(G) the date that the outstanding mandate was
submitted to the Office of Management and Budget for
review; and
(H) a statement of whether the outstanding mandate
remains under review by the Office of Management and
Budget.
SEC. 6. INCORPORATION BY REFERENCE.
(a) In General.--Section 60102 of title 49, United States Code, is
amended by striking subsection (l) and inserting the following:
``(l) Updating Standards.--
``(1) In general.--Not less frequently than once every 4
years, or if an interested person otherwise petitions in
accordance with section 190.331 of title 49, Code of Federal
Regulations (or successor regulation), the Secretary shall
review, and update as necessary, incorporated industry
standards that have been adopted, either partially or in full,
as part of the Federal pipeline safety regulatory program under
this chapter that are modified and published by a standards
development organization, as such term is defined in section
2(a) of the National Cooperative Research and Production Act of
1993 (15 U.S.C. 4301(a)).
``(2) Discretion in adopting industry standards.--The
Secretary may decline to adopt an industry standard that is
inconsistent with applicable law or otherwise impracticable,
including in circumstances where the use of an industry
standard would not serve the needs of the Federal pipeline
safety regulatory program, or would impose undue burdens.
``(3) List of industry standards.--The Secretary shall--
``(A) maintain a publicly available list of all
industry standards considered for adoption under this
chapter and the agency's adjudication of each
considered standard;
``(B) include the reasoning for not adopting an
industry standard, whether in full or in part, on the
list under subparagraph (A); and
``(C) 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
such list not later than--
``(i) 30 days after completion of such
list; and
``(ii) 30 days after the date of any
subsequent revisions to such list.
``(4) Public accessibility.--Any industry standards
incorporated by reference, or portions thereof, shall be made
available by the entity that developed such standards free of
charge for viewing on a publicly available website.''.
(b) GAO Report.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a review to determine compliance with section
60102(l)(4) of title 49, United States Code; and
(2) 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 on the
review conducted under paragraph (1).
SEC. 7. INSPECTION ACTIVITY REPORTING.
(a) Inspection and Enforcement Priorities.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall establish, and make available to the public in an
electronically accessible format, a report containing the inspection
and enforcement priorities of the Office of Pipeline Safety of the
Pipeline and Hazardous Materials Safety Administration for fiscal years
2024 through 2027. Such report shall include a description of--
(1) how the Administrator will use the priorities to guide
the inspection program of such Office;
(2) how the inspection and enforcement priorities will
improve pipeline safety; and
(3) how the Administrator communicates and coordinates the
implementation of inspection and enforcement priorities with
regional offices and State inspectors operating under delegated
authority.
(b) Notice and Comment.--Prior to publication of the inspection and
enforcement priorities under subsection (a), the Administrator shall
solicit through notice in the Federal Register public comment on such
priorities.
(c) Summary of Pipeline Inspections.--Not later than June 1 of each
year beginning with the year after the date of enactment of this Act,
the Administrator shall make available to the public in an
electronically accessible format a summary of Federal and State
pipeline inspections conducted under direct or delegated authority of
title 49, United States Code, during the previous calendar year, to
include--
(1) the date of the inspection;
(2) the name of the pipeline owner or operator;
(3) the pipeline system or segment inspected;
(4) the region or regions of the Pipeline and Hazardous
Materials Safety Administration in which the inspected system
or segment operates;
(5) the State or States in which the inspected system or
segment operates; and
(6) any violations, or proposed violations, found as a
result of pipeline inspections.
SEC. 8. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) Committee Reports on Proposed Standards.--Section 60115(c)(1)
of title 49, United States Code, is amended--
(1) in subparagraph (A) by inserting ``, if applicable''
after ``each proposed standard''; and
(2) in subparagraph (B) by inserting ``, if applicable''
after ``each proposed standard''.
(b) Report.--Section 60115(c)(2) of title 49, United States Code,
is amended by inserting ``and provide written notification of such
reasons 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 at
the time a final rulemaking relating to the standard is issued'' after
``publish the reasons''.
(c) Frequency of Meetings.--Section 60115(e) of title 49, United
States Code, is amended by striking ``up to 4'' and inserting ``2''.
SEC. 9. SENSE OF CONGRESS ON PHMSA ENGAGEMENT PRIOR TO RULEMAKING
ACTIVITIES.
It is the sense of Congress that--
(1) the Secretary of Transportation should engage with
pipeline stakeholder groups, including State pipeline safety
programs with an approved certification under section 60105 of
title 49, United States Code, and the public during predrafting
stages of rulemaking activities and use, to the greatest extent
practicable, properly docketed ex parte discussions during
rulemaking activities in order to--
(A) inform the work of the Secretary;
(B) assist the Administrator of the Pipeline and
Hazardous Materials Safety Administration in developing
the scope of a rule; and
(C) reduce the timeline for issuance of proposed
and final rules; and
(2) when it would reduce the time required for the
Secretary to adjudicate public comments, the Administrator
should publicly provide information describing the rationale
behind a regulatory decision included in proposed regulations
in order to better allow for the public to provide clear and
informed comments on such regulations.
SEC. 10. OFFICE OF PUBLIC ENGAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall rename the Community
Liaison Services within the Office of Pipeline Safety of the Pipeline
and Hazardous Materials Safety Administration as the Office of Public
Engagement (hereinafter in this section referred to as the ``Office'').
(b) Duties.--The duties of the Office are to--
(1) proactively engage with pipeline stakeholders,
including the public, pipeline operators, public safety
organizations, and government officials, to raise awareness of
pipeline safety practices;
(2) promote the adoption and increased use of safety
programs and activities;
(3) inform the public of pipeline safety regulations and
best practices; and
(4) assist the public with inquiries regarding pipeline
safety.
(c) Public Access.--The Office shall ensure that activities carried
out by the Office and information products developed by the Office are
accessible to the public.
(d) Community Liaisons.--The Office shall incorporate positions
known as ``community liaisons'' under the Community Liaison Services.
(e) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
implementation of this section.
SEC. 11. CLASS LOCATION CHANGES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall prescribe a final rule amending the
safety standards for class location changes in parts 191 and 192 of
title 49, Code of Federal Regulations, based on the notice of proposed
rulemaking published by the Pipeline and Hazardous Materials Safety
Administration on October 14, 2020, titled ``Pipeline Safety: Class
Location Change Requirements'' (85 Fed. Reg. 65142), including
consideration of all documents in Docket No. PHMSA-2017-0151.
SEC. 12. PIPELINE OPERATING STATUS.
Section 60143(b) of title 49, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Not later than 180 days after the date
of enactment of the PIPES Act of 2023, the Secretary shall
issue a notice of proposed rulemaking prescribing the
applicability of the pipeline safety requirements to idled
natural gas or other gas transmission and hazardous liquid
pipelines.''; and
(2) in paragraph (2) by adding at the end the following:
``(E) Consideration.--In promulgating regulations
under this section, the Secretary shall consider the
adoption of industry consensus standards.''.
SEC. 13. RIGHTS-OF-WAY MANAGEMENT.
Section 60108(a) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Alternative Method of Maintaining Rights-of-way.--
``(A) In general.--As part of the review conducted under
paragraph (3), the Secretary shall allow for an alternative
method of maintaining rights-of-way for pipelines and other
pipeline facilities under a voluntary program carried out by
the operator if such alternative method achieves a level of
safety at least equal to the level of safety required by
regulations issued under this chapter.
``(B) Purpose.--An operator considering implementing an
alternative method described under subparagraph (A) may
consider incorporating into the plan for implementing such
method 1 or more conservation practices, including--
``(i) integrated vegetation management practices,
including reduced mowing;
``(ii) the development of habitat and forage for
pollinators and other wildlife through seeding or
planting of diverse native forbs and grasses;
``(iii) practices relating to maintenance
strategies that promote early successional vegetation
or limit disturbance during periods of highest use by
target pollinator species and other wildlife on
pipeline or facilities rights-of-way, including--
``(I) increasing mowing height;
``(II) reducing mowing frequency; and
``(III) refraining from mowing monarch and
other pollinator habitat during periods in
which monarchs or other pollinators are
present;
``(iv) an integrated vegetation management plan
that may include approaches such as mechanical tree and
brush removal and targeted and judicious use of
herbicides and mowing to address incompatible or
undesirable vegetation while promoting compatible and
beneficial vegetation on pipeline and facilities
rights-of-way;
``(v) planting or seeding of deeply rooted,
regionally appropriate perennial grasses and
wildflowers, including milkweed, to enhance habitat;
``(vi) removing shallow-rooted grasses from
planting and seeding mixes, except for use as nurse or
cover crops; or
``(vii) obtaining expert training or assistance on
wildlife and pollinator-friendly practices, including--
``(I) native plant identification;
``(II) establishment and management of
regionally appropriate native plants;
``(III) land management practices; and
``(IV) integrated vegetation management.
``(C) Savings clause.--Nothing in this section exempts an
operator from compliance with the applicable requirements under
this chapter or any applicable regulations promulgated under
this chapter.
``(D) Consultation.--
``(i) Available guidance.--In developing such
alternative methods, an operator shall consult any
available guidance issued by--
``(I) the Secretary; or
``(II) an applicable State agency carrying
out compliance activities on behalf of the
Secretary in accordance with section 60105.
``(ii) Leading industry practices.--In the absence
of the guidance described in clause (i), an operator
may consult leading industry practices and guidance to
develop and implement such alternative methods.''.
SEC. 14. STUDY ON COMPOSITE MATERIALS FOR PIPELINES.
(a) Study on Use of Composite Materials.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Transportation shall complete a study assessing the potential and
existing use of pipelines constructed with composite materials to
safely transport hydrogen and hydrogen blended with natural gas.
(b) Study Considerations.--In completing the study under subsection
(a), the Secretary shall consider--
(1) any commercially available composite pipeline
materials;
(2) any completed or ongoing tests and data regarding
composite pipeline materials available to the Secretary or
other Federal agencies; and
(3) any recommended standards, including consensus
standards, and Federal agency authorizations relating to use of
composite pipeline materials.
(c) Public Participation.--To ensure adequate public participation
in completing the study under subsection (a), the Secretary shall--
(1) hold a public meeting with interested stakeholders,
including the affected industries, interest groups, and other
individuals with relevant expertise;
(2) release a draft version of the study for public comment
for a period of not less than 60 days; and
(3) address any substantive comments submitted by the
public during the public comment period under paragraph (2) in
preparing the final study.
(d) Public Meeting.--Not later than 60 days after the closing of
the public comment period under subsection (c)(2), the Secretary shall
hold a public meeting to present the findings of the study under this
section and any responses to public comments received under such
subsection.
SEC. 15. COMPETITIVE ACADEMIC AGREEMENT PROGRAM.
(a) Federal Share.--
(1) In general.--In carrying out the Competitive Academic
Agreement Program pursuant to section 60117(l) of title 49,
United States Code, the Secretary of Transportation may allow
for a 100-percent Federal share of financial assistance for a
project carried out by small and mid-sized institutions.
(2) Written request required.--The Secretary may only allow
the use of a 100-percent Federal share under paragraph (1) if
the applicable institution has provided a written request to
the Secretary prior to the award of Federal assistance under
such Program.
(3) Small and mid-sized institutions defined.--In this
subsection, the term ``small and mid-sized institutions'' means
academic institutions eligible for a grant under the
Competitive Academic Agreement Program with a current total
enrollment of 17,500 students or less, including graduate and
undergraduate as well as full- and part-time students.
(b) Report.--Following any award of grants under the Competitive
Academic Agreement Program, the Secretary shall provide to Congress a
written report detailing--
(1) the recipients of such grants; and
(2) any grantees that were provided a 100-percent Federal
share under this section.
SEC. 16. GEOHAZARD MITIGATION STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall prepare
a report containing--
(1) the results of a study that--
(A) evaluates Federal and State, as applicable,
requirements for gas, hazardous liquid, and carbon
dioxide pipeline facility design, siting, construction,
operation and maintenance, and integrity management
relating to geohazards, including seismicity, land
subsidence, landslides, slope instability, frost heave,
soil settlement, erosion, river scour, washouts,
floods, unstable soil, water currents, hurricanes,
dynamic geologic conditions, tsunamis, tornados,
wildfires, floods, ice storms, or other hazards that
may cause a pipeline to move or be affected by abnormal
external loads;
(B) evaluates any industry consensus standards or
best practices related to the requirements described in
subparagraph (A);
(C) evaluates the implementation by operators of
Federal and State regulations related to geohazards and
application of recommendations included in the Advisory
Bulletin of the Pipeline and Hazardous Materials Safety
Administration titled ``Pipeline Safety: Potential for
Damage to Pipeline Facilities Caused by Earth Movement
and Other Geological Hazards'', issued on May 2, 2019
(PHMSA-019-0087);
(D) identifies any discrepancies in the
requirements described in subparagraph (A) and
advisories, industry consensus standards, or best
practices for operators of gas, hazardous liquid, and
carbon dioxide pipeline facilities; and
(E) identifies any areas relating to geohazards not
addressed under subparagraphs (A) through (D); and
(2) any recommendations of the Government Accountability
Office based on the results of the study under paragraph (1).
(b) Report to Congress.--Upon completion of the report under
subsection (a), the Comptroller General shall submit to the Secretary
of Transportation, the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Energy and Commerce
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate the report.
SEC. 17. SPECIAL PERMIT PROGRAM.
(a) Compliance and Waivers.--Section 60118(c)(1) of title 49,
United States Code, is amended by adding at the end the following:
``(C) Limitation on terms.--The Secretary shall
impose no terms on a waiver under this paragraph that
do not apply to known pipeline safety risks applicable
to the standard being waived under subparagraph (A).
``(D) Publication.--Upon completion of the
application requirements under section 190.341 of title
49, Code of Federal Regulations, or successor
regulations, the Secretary shall publish notice of the
application in the Federal Register.
``(E) Review of application.--The Secretary shall
complete a review of each such application not later
than 18 months after publishing a notice in the Federal
Register described in subparagraph (D) with respect to
the application.''.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
and Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the implementation by
the Administrator of the Pipeline and Hazardous Materials
Safety Administration of the amendment made by subsection (a).
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a listing of each special permit application
applied for under section 60118(c)(1) of title 49,
United States Code;
(B) a brief summary of the purpose of each such
special permit;
(C) the date on which each such application was
received;
(D) the date on which each such application was
completed or, in the absence of completion, the status
of the application;
(E) the date on which the Secretary issued a
determination on the application; and
(F) the explanation of the Secretary for any
decision made outside the review period identified in
section 60118(c)(1)(E) of title 49, United States Code,
if applicable.
(c) GAO Report.--Not later than 1 year after the submission of the
report under subsection (b), the Comptroller General of the United
States 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 assessing the Secretary's
implementation of, and compliance with, subparagraphs (C) through (E)
of section 60118(c)(1) of title 49, United States Code.
SEC. 18. EXCAVATION DAMAGE PREVENTION.
(a) Grants to States.--Section 6106 of title 49, United States
Code, is amended--
(1) in subsection (b) by inserting ``adoption or progress
toward adoption of the leading practices listed in subsection
(b) and'' before ``legislative and regulatory'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Leading Practices.--A State one-call program shall consider
implementing leading practices that--
``(1) identify the size and scope of a one-call ticket for
standard locate requests, including process exceptions for
special large project tickets;
``(2) restrict the longevity of a one-call ticket for
standard locate requests, which may include process exceptions
for special large project tickets;
``(3) examine and limit exemptions to one-call programs to
prevent common excavation damage incidents, including--
``(A) excavation or demolition performed by the
owner of a single-family residential property;
``(B) any excavation of 18 inches or less when
maintenance activities are performed;
``(C) repairing, connecting, adjusting, or
conducting routine maintenance of a private or public
underground utility facility; and
``(D) municipalities, public works organizations,
and State departments of transportation for road
maintenance;
``(4) specify tolerance zone horizontal dimensions and
requirements for hand-dig, hydro, vacuum excavation, and other
nonintrusive methods;
``(5) specify emergency excavation notification
requirements, including defining emergency excavation and
identifying the notification requirements for an emergency
excavation;
``(6) specify the responsibilities of the excavator,
including the reporting of damages due to excavation
activities;
``(7) define who is an excavator and what is considered
excavation;
``(8) require the use of white lining or electronic white
lining;
``(9) require a positive response, such as the utility,
municipality, or other entity placing the marks positively
responds to the notification center and the excavator checks
for a positive response before beginning excavation;
``(10) encourage newly installed underground facilities to
be locatable;
``(11) require the marking of lines and laterals, including
sewer lines and laterals;
``(12) encourage training programs and requirements for
third-party excavators performing excavation activities that
are not subject to pipeline construction requirements under
part 192 or part 195 of title 49, Code of Federal Regulations;
``(13) encourage robust training for locate professionals;
and
``(14) encourage the use of commercially available
technologies to locate underground facilities, such as
geographic information systems and enhanced positive
response.''.
(b) State Damage Prevention Programs.--Section 60134(c) of title
49, United States Code, is amended--
(1) by striking ``In making grants'' and inserting the
following:
``(1) In general.--In making grants''; and
(2) by adding at the end the following:
``(2) Considerations.--In evaluating criteria for
determining the effectiveness of the damage prevention program
of a State, the Secretary shall consider whether the State has,
at a minimum--
``(A) effective, active, and consistent enforcement
of State one-call laws (including consistency in the
application of enforcement resources, fines, and
penalties to all relevant stakeholders, such as
operators, locators, and excavators);
``(B) reporting requirements, to the local one-call
center for excavation damage events on pipelines and
other underground facilities, that are not privately
owned, including (if available at the time of the
reporting)--
``(i) information about the nature of the
incident, including the facility damaged and
the apparent cause of such damage (with
supporting documentation);
``(ii) the organizations or entities
involved;
``(iii) the impact to public safety,
utility operations, and customer service; and
``(iv) the impact to the environment;
``(C) data reporting requirements, to a nonprofit
organization specifically established for the purpose
of reducing construction-related damage to underground
facilities, of damage and near-miss events to
underground facilities from excavation damage,
including root cause, facility damaged, type of
excavator, work performed, equipment type, and State;
and
``(D) performance measures to determine the
effectiveness of excavation damage prevention
efforts.''.
SEC. 19. INTEGRITY MANAGEMENT STUDY.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into an
agreement with the National Academies under which the National
Academies shall conduct a study of the effectiveness of integrity
management regulations applicable to natural gas and hazardous liquid
pipeline facilities.
(b) Data Sources.--In carrying out the study under subsection (a),
the National Academies shall--
(1) use publicly available data from the Pipeline and
Hazardous Materials Safety Administration, State pipeline
regulatory agencies, and other public sources; and
(2) consult with pipeline stakeholders in the development
of findings under the study, including State and Federal
regulators, pipeline operators, public safety organizations,
and environmental organizations.
(c) Elements.--The study described under subsection (a) shall
include--
(1) a review of previous assessments of integrity
management program implementation produced by or for the
Secretary or the National Transportation Safety Board;
(2) a review of the implementation and enforcement by the
Secretary of integrity management regulations and any
modifications of the regulations issued by the Secretary
pursuant to section 60109 of title 49, United States Code;
(3) a trend analysis and assessment of pipeline safety
incidents, accidents, and repairs for high consequence and non-
high consequence areas, including comparing--
(A) the frequency of such incidents, accidents, and
repairs before and after the implementation of the
Federal integrity management requirements described in
subsection (a); and
(B) the frequency of such incidents, accidents, and
repairs during the period of time such integrity
management requirements have been in effect;
(4) development of metrics to gauge the effectiveness of
the implementation and enforcement of such integrity management
regulations;
(5) an assessment of how integrity management informs
operator activities, including planning and completion of
repairs, and whether the implementation of integrity management
regulations by operators of pipeline facilities has had a
demonstrable effect on improving gas and hazardous liquid
pipeline safety; and
(6) identification of areas where pipeline safety has
improved and where it has not improved due to integrity
management.
(d) Report to Congress.--The Secretary shall--
(1) require the National Academies to submit to the
Secretary a report on the results of the study under subsection
(a); and
(2) not later than 2 years after the date of enactment of
this Act, 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 such report.
SEC. 20. HYDROGEN STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on existing natural gas pipeline systems that, as a
result of hydrogen-natural gas blending, contain a percentage of
hydrogen that is greater than 5 percent by volume to identify the
changes that operators have implemented, including--
(1) modifications or alternatives to--
(A) odorants and leak-detection methods;
(B) pipeline materials; and
(C) operational standards; and
(2) modifications to pipeline infrastructure.
(b) Additional Contents.--The study under subsection (a) shall
include--
(1) an identification of any technical challenges with
repurposing existing natural gas infrastructure to allow such
infrastructure to be used for hydrogen-natural gas blended
service; and
(2) an examination of hydrogen-natural gas blended pipeline
systems currently operating, including in the United States,
the United Kingdom, Canada, Europe, Australia, and Hong Kong.
(c) Considerations.--In conducting the study under subsection (a),
the Comptroller General shall consider--
(1) any changes that domestic and international operators
of natural gas pipeline systems have implemented to the
processes, pipeline materials, metering, and operational
standards used by such operators to account for the operation
and integrity of natural gas pipeline systems that use a
hydrogen content at variable percentages above 5 percent by
volume; and
(2) how such operators have taken into account the effects
of hydrogen-natural gas blending on different types of--
(A) natural gas pipeline systems materials,
including cast iron, steel, composite pipe, and plastic
pipe; and
(B) components of such systems, including valves
and meters.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General 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 on the results of
the study conducted under subsection (a).
(e) Rulemaking.--The results of the study under subsection (a)
should inform the rulemaking efforts of the Secretary relating to
hydrogen-natural gas blending. The Secretary may determine that
rulemaking efforts related to hydrogen should be advanced before
completion of the study under subsection (a).
(f) Statutory Construction.--Nothing in this section shall be
construed to prohibit or otherwise limit the authority of the Secretary
to issue regulations relating to hydrogen prior to the submission of
the report under subsection (d).
SEC. 21. PENALTY FOR CAUSING A DEFECT IN OR DISRUPTING OPERATION OF
PIPELINE INFRASTRUCTURE.
Section 60123 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Penalty for Causing a Defect in or Disrupting Operation of
Pipeline Infrastructure.--
``(1) In general.--A person shall be fined under title 18,
imprisoned for not more than 10 years, or both, if the person
knowingly and willfully--
``(A) causes a defect in a pipe, pump, compressor,
or valve in the possession of a pipeline operator to be
used in construction of any pipeline facility described
in subsection (b) that would affect the integrity or
safe operation of any such facility; or
``(B) disrupts the operation of any pipeline
facility described in subsection (b) by causing or
undertaking the unauthorized or unplanned turning or
manipulation of a valve.
``(2) Definition.--In this subsection, the term `in the
possession of a pipeline operator' means, with respect to a
pipe, pump, compressor, or valve, that such pipe, pump,
compressor, or valve is--
``(A) in transit to a pipeline component staging
site or construction site;
``(B) at a pipeline component staging site; or
``(C) at a construction site.''.
SEC. 22. CIVIL PENALTIES.
Section 60122(a)(1) of title 49, United States Code, is amended by
striking ``$2,000,000'' and inserting ``$2,500,000''.
SEC. 23. LIQUEFIED NATURAL GAS REGULATORY COORDINATION.
(a) Establishment and Purpose.--The Secretary of Transportation
shall establish and convene a Liquefied Natural Gas Regulatory Safety
Working Group (in this section referred to as the ``Working Group'')
through the National Center of Excellence for Liquefied Natural Gas
Safety to clarify the authority of Federal agencies in the authorizing
and oversight of LNG facilities, other than peak shaving facilities,
and improve coordination of the authority of such agencies.
(b) Membership.--
(1) In general.--The Working Group shall consist of certain
representatives of the Federal government, as such term is
defined in section 111(a)(3)(F)(i)-(v) of the PIPES Act of 2020
(Public Law 116-260), as designated by the Secretary of
Transportation or appropriate Federal agency leadership.
(2) Chair.--The Administrator of the Pipeline and Hazardous
Materials Safety Administration or a designee of the
Administrator shall serve as chair of the Working Group, unless
an alternate member of the working group is selected by
unanimous consent of the Working Group.
(3) Responsibilities of chair.--The Chair of the Working
Group shall establish an agenda and schedule for the Working
Group to accomplish the objectives described in subsection (c).
(c) Evaluation.--
(1) In general.--The Working Group shall evaluate
individual Federal agency authorities pertaining to the siting
and design, construction, operation and maintenance, and
operational and process safety regulations of LNG facilities.
(2) Negotiation.--The Working Group shall negotiate Federal
agency agreements pursuant to subsection (d) to establish
procedures for--
(A) the application of the respective authorities
of each Federal agency in ensuring safety in a manner
to ensure effective regulation of LNG facilities in the
public interest;
(B) resolving conflicts concerning overlapping
jurisdiction among the Federal agencies; and
(C) avoiding, to the extent possible and if
appropriate, conflicting or duplicative regulation,
inspection protocols, and reporting obligations.
(d) Memorandum of Understanding and Interagency Agreements.--Not
later than 2 years after the date of enactment of this Act, the
agencies represented on the Working Group shall enter into interagency
agreements or memorandums of understanding regarding best practices and
individual agency safety oversight enforcement responsibilities
regarding LNG facilities, other than peak shaving facilities.
(e) Report to Congress.--Not later than 1 year after entering into
interagency agency agreements or memorandum of understanding under
subsection (d), the Secretary 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 on the memorandum of
understanding or interagency agreements and how such memorandum or
agreements have contributed to improved safety and enforcement
oversight coordination of LNG facilities.
(f) LNG Defined.--In this section, the term ``LNG'' means liquefied
natural gas.
SEC. 24. PIPELINE SAFETY VOLUNTARY INFORMATION-SHARING SYSTEM.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60144. Voluntary information-sharing system
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
confidential voluntary information-sharing system (referred to
in this section as `VIS') to encourage the sharing of pipeline
safety data and information in a non-punitive context in order
to improve the safety of gas, carbon dioxide, and hazardous
liquid gathering, transmission, and distribution pipelines and
facilities, including storage facilities.
``(2) Purpose.--The purpose of the VIS is to establish a
comprehensive, systematic, and integrated structure to gather,
evaluate, and quantify critical pipeline safety data and
information and to share recommended remediation measures and
lessons learned across the pipeline industry in an effort to
improve pipeline safety, including damage prevention efforts,
while protecting participant confidentiality.
``(3) Implementation and management.--In establishing the
VIS under this section, the Secretary shall implement and
manage such VIS based on the Pipeline Safety Voluntary
Information-Sharing System Recommendation Report prepared
pursuant to section 10 of the Protecting Our Infrastructure of
Pipelines and Enhancing Safety Act of 2016 (49 U.S.C. 60108
note).
``(4) Inapplicability of faca.--The VIS shall not be
considered a Federal advisory committee and shall not be
subject to the requirements of chapter 10 of title 5.
``(b) Governance.--
``(1) In general.--A Governing Board, a Program Manager, a
Third-Party Information Manager, and Issue Analysis Teams shall
govern the VIS.
``(2) Governing board.--
``(A) In general.--Not later than 180 days after
the date of enactment of this section, the
Administrator of the Pipeline and Hazardous Materials
Safety Administration shall appoint a Governing Board
after consulting with public and private pipeline
safety stakeholders.
``(B) Composition of the board.--The Governing
Board shall be comprised of at least 9 members and
shall represent a balanced cross-section of pipeline
safety stakeholders with pipeline safety knowledge or
experience as follows:
``(i) at least 3 individuals shall be
selected from departments, agencies,
instrumentalities of the Federal Government,
Territories, State governments, or local
governments, 1 of which shall be the
Administrator.
``(ii) at least 3 individuals shall be
selected from the gas, carbon dioxide, or
hazardous liquid industries, such as operators,
trade associations, inspection technology,
coating, and cathodic protection vendors, and
pipeline inspection organizations.
``(iii) at least 3 individuals shall be
selected from public safety advocate
organizations, such as pipeline safety and
environmental advocacy groups, public safety-
focused research institutions, or labor and
worker safety representatives.
``(C) Board terms.--
``(i) In general.--Each member of the
Governing Board shall be appointed for a term
of 3 years, with the terms of 3 of the members
expiring each year.
``(ii) Term expiration.--The term of at
least 1 member of each of the 3 stakeholder
groups established in subparagraph (B) shall
expire each year.
``(iii) Initial appointment.--In the
initial appointment of members, terms of 1, 2,
and 3 years shall be established to allow the
terms of 3 members to expire thereafter each
year.
``(iv) Reappointment.--Each member may be
reappointed for consecutive 3-year terms.
``(D) Co-chairs.--
``(i) In general.--The Governing Board
shall be co-chaired by--
``(I) the Administrator;
``(II) a representative of the
stakeholder group described in
subparagraph (B)(ii), who shall be
appointed with advice and consent of
the Governing Board; and
``(III) a representative of the
stakeholder group described in
subparagraph (B)(iii), who shall be
appointed with advice and consent of
the Governing Board.
``(ii) Responsibilities.--The co-chairs of
the Governing Board shall be jointly
responsible for organizing and conducting
meetings of the Governing Board.
``(E) Authority.--The Governing Board shall make
decisions by a super-majority of two-thirds plus 1 of
the Governing Board members and shall have the
authority to--
``(i) govern and provide strategic
oversight to the VIS;
``(ii) develop governance documents,
including a Governing Board charter that is
made available to the public, and that
describes the scope of the authority and
objectives of the Board;
``(iii) select a Third-Party Data Manager
described in paragraph (4) with expertise in
data protection, aggregation, and analytics and
geographic information systems;
``(iv) approve the criteria and procedures
governing how the Third-Party Data Manager
described in paragraph (4) will receive and
accept pipeline safety data and information and
who will have the authority to view VIS data;
``(v) establish and appoint members to
Issue Analysis Teams described in paragraph (5)
that consist of technical and subject matter
experts;
``(vi) collaborate with Issue Analysis
Teams described in paragraph (5) to identify
the issues and topics to be analyzed;
``(vii) collaborate with Issue Analysis
Teams described in paragraph (5) to specify the
type of de-identified pipeline safety data and
information that Issue Analysis Teams need in
order to analyze the issues identified under
clause (vi) and topics;
``(viii) determine the information to be
disseminated;
``(ix) determine the reports to be
disseminated;
``(x) at least once per year, issue a
report to the public on VIS processes,
membership of the Governing Board, issues or
topics being investigated and analyzed,
pipeline safety data and information that the
VIS has requested for submission to the VIS,
and safety trends identified; and
``(xi) perform other functions as the
Governing Board decides are necessary or
appropriate consistent with the purpose of the
VIS.
``(3) Program manager.--The Administrator shall provide the
day-to-day program management and administrative support for
the VIS, including oversight of the Third-Party Data Manager
described in paragraph (4).
``(4) Third-party data manager.--
``(A) In general.--A Third-Party Data Manager shall
provide data management and data oversight services for
the VIS.
``(B) Responsibilities.--In fulfilling the
responsibilities described in subparagraph (A), the
Third-Party Data Manager shall--
``(i) accept pipeline safety data and
information submitted to the VIS that meets the
criteria and procedures established by the
Governing Board under paragraph (2)(E)(iv);
``(ii) de-identify, securely store, and
manage pipeline safety data and information
that is accepted by the VIS;
``(iii) collaborate with Issue Analysis
Teams described in paragraph (5) to aggregate
and analyze de-identified pipeline safety data
and information that is accepted by the VIS;
``(iv) prepare reports as requested by the
Governing Board regarding the type of pipeline
safety data and information that is managed by
the VIS; and
``(v) make recommendations regarding the
management of pipeline safety data and
information, as appropriate.
``(5) Issue analysis teams.--Issue Analysis Teams of the
VIS shall--
``(A) work with the Third-Party Data Manager
described in paragraph (4) to aggregate and analyze de-
identified pipeline safety data and information
accepted by the VIS;
``(B) collaborate with the Governing Board to
identify issues and topics for analysis and submit
internal reports and recommendations to the Governing
Board; and
``(C) prepare reports as requested by the Governing
Board regarding issues and topics identified for
additional research by the Governing Board.
``(6) Participation.--
``(A) In general.--The submission of pipeline
safety data and information to the VIS by any person
shall be voluntary, with no person compelled to
participate in or submit data or information for
inclusion in the VIS.
``(B) Acceptance of information.--The VIS shall
implement policies to ensure that all operator data or
information submitted has been authorized by the
operator for submission.
``(C) Sharing of information.--The Governing Board
shall encourage the voluntary sharing of pipeline
safety data and information among operators of gas,
carbon dioxide, and hazardous liquid gathering,
transmission, and distribution pipelines and
facilities, employees, labor unions, contractors, in-
line inspection service providers, non-destructive
evaluation experts, the Pipeline and Hazardous
Materials Safety Administration, representatives of
State pipeline safety agencies, local and Tribal
governments, pipeline safety advocacy groups,
manufacturers, research and academic institutions, and
other pipeline stakeholders.
``(c) Information Sharing.--
``(1) Inclusions.--Pipeline safety data and information
accepted by the VIS may include--
``(A) pipeline integrity risk analysis information;
``(B) lessons learned from accidents and near
misses;
``(C) process improvements;
``(D) technology deployment practices;
``(E) information obtained through VIS pipeline
safety surveys of pipeline operator employees, as long
as such surveys are voluntarily agreed to by the
pipeline operator; and
``(F) pipeline safety data and information which
may lead to the identification of pipeline safety
risks.
``(d) Confidentiality.--
``(1) In general.--
``(A) Confidentiality.--To facilitate the sharing
of otherwise non-public pipeline safety data and
information (hereinafter known as `non-public
information') in the VIS, non-public information
accepted by the VIS and which may be analyzed, stored,
or managed by the VIS shall be kept confidential by the
VIS.
``(B) Rule of construction.--Subparagraph (A) shall
not be construed to apply to public information that
may be submitted to the VIS or to non-public
information that is required to be submitted to any
Federal, State, local, or Tribal agency under any other
provision of law.
``(2) Disclosure of de-identified, non-public
information.--
``(A) In general.--Notwithstanding subsections (e)
and (f), the Governing Board may approve the disclosure
of de-identified, non-public information by the VIS or
by the Administrator of the Pipeline and Hazardous
Materials Safety Administration based on analysis of
the de-identified information and any safety findings
or recommendations that the Governing Board in the sole
discretion of the Board determines to publish or
authorizes the Administrator to publish to improve
pipeline safety.
``(B) Public reports.--In issuing public reports
under subsection (b)(2)(E)(x), the Governing Board
shall approve the disclosure of de-identified, non-
public information by the VIS that the Governing Board
determines is necessary to adequately describe and
illustrate the issues and topics being investigated and
analyzed by the VIS.
``(3) Limitation.--Except as provided in paragraph (2), no
person, including any VIS Governing Board member, the Program
Manager, the Third-Party Data Manager described in subsection
(b)(4), an Issue Analysis Team member described in subsection
(b)(5), or any Federal, State, local, or Tribal agency, having
or obtaining access to non-public information by virtue of the
acceptance of such information to the VIS, shall release or
communicate VIS held non-public information, in either an
identified or de-identified form, to any person that does not
have the authority to view VIS data.
``(e) Applicability of FOIA.--Any non-public information that is
accepted by the VIS and which may be analyzed, stored, or managed by
the VIS and subsequently obtained by the Secretary or the Administrator
by virtue of the acceptance of such information to the VIS shall be
exempt from the requirements of section 552 of title 5 and specifically
exempt from release under subsection (b)(3) of such section.
``(f) Exclusions.--
``(1) Excluded evidence.--Except as provided in paragraph
(3), non-public information accepted by the VIS and which may
be analyzed, stored, or managed by the VIS shall not be
obtained from the VIS--
``(A) for use as evidence for any purpose in any
Federal, State, local, Tribal, or private litigation,
including any action or proceeding; or
``(B) to initiate any enforcement action or civil
litigation against a pipeline operator or employees or
contractors of such operator relating to a probable
violation under this chapter (including any regulation
promulgated or order issued under this chapter).
``(2) Exclusion from discovery.--Except as provided in
paragraph (3), non-public information accepted by the VIS and
which may be analyzed, stored, or managed by the VIS shall not
be subject to discovery from the VIS in any Federal, State,
local, Tribal, or private litigation or other proceeding.
``(3) Limitations on exclusions.--The exclusions described
in paragraphs (1) and (2) shall not apply to non-public
information accepted by the VIS that is--
``(A) evidence of a criminal violation;
``(B) not related to the established purpose of the
VIS described in subsection (a)(2);
``(C) otherwise required to be reported to the
Secretary under part 191 (including information about
an incident or accident), part 192, part 194, part 195,
or part 199 of title 49, Code of Federal Regulations
(or successor regulations), or required to be reported
under the requirements of a State authority; or
``(D) developed or obtained from a source other
than the VIS, including through discovery from a person
or an entity other than the VIS in an enforcement
action or private litigation.
``(g) Effect on State Law.--Nothing in this section shall be
construed to affect Federal, State, or local pipeline safety law.
``(h) No Effect on Discovery.--
``(1) Rule of construction.--Nothing in this section or any
rule, regulation, or amendment issued pursuant to this section
shall be construed to create a defense to a discovery request
or otherwise limit or affect the discovery of pipeline safety
data and information arising from a cause of action authorized
under any under Federal, State, or local law.
``(2) Exception.--Paragraph (1) shall not apply to
exclusions from discovery from the VIS as described in
subsection (f)(2).
``(i) Expenses.--
``(1) In general.--Members of the VIS Governing Board and
Issue Analysis Teams may be paid expenses under section 5703 of
title 5.
``(2) Rule of construction.--A payment under this
subsection shall not be construed to make a member of the VIS
Governing Board an officer or employee of the Federal
Government.
``(3) Federal employees.--Paragraph (1) shall not apply to
members of the VIS Governing Board that are employees of the
Federal Government.
``(j) Report on VIS.--Not later than 2 years after the date of
enactment of this section, the Secretary 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, and make publicly available,
a report that includes--
``(1) a detailed accounting of the allocation and uses of
expenditures authorized under this section;
``(2) an estimate of the annual cost to maintain the VIS
program, including an assessment and projection of costs
associated with the Third-Party Data Manager, data sourcing and
storage, data governance, data architecture, data consumption,
and the VIS operations and administration by the Pipeline and
Hazardous Materials Safety Administration;
``(3) the methodology for determining the estimate under
paragraph (2);
``(4) the number of expected participants in the VIS
program;
``(5) the number of Pipeline and Hazardous Materials Safety
Administration positions needed to maintain the VIS program;
``(6) the projected timeline for the implementation of the
VIS program to meet the purposes under subsection (a)(2); and
``(7) recommendations to ensure sufficient funding for the
ongoing activities of the VIS program, including a reasonable
fee assessed on authorized participants in the VIS program.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated for the establishment of a voluntary information-sharing
program under this section--
``(1) $1,000,000 for fiscal year 2024;
``(2) $10,000,000 for fiscal year 2025;
``(3) $10,000,000 for fiscal year 2026; and
``(4) $10,000,000 for fiscal year 2027.''.
(b) Clerical Amendment.--The analysis for chapter 601 of title 49,
United States Code, is amended by adding at the end the following:
``60144.Voluntary information-sharing system.''.
SEC. 25. CARBON DIOXIDE PIPELINES.
(a) Purpose and General Authority.--Section 60102 of title 49,
United States Code, is amended--
(1) in subsection (b)--
(A) in subparagraph (1)(B)(i) by inserting ``or
carbon dioxide'' after ``hazardous liquids''; and
(B) in paragraph (2)(A)--
(i) by redesignating clause (ii) and (iii)
as clause (iii) and (iv), respectively; and
(ii) by inserting after clause (i) the
following:
``(ii) carbon dioxide pipeline safety
information;'';
(2) in subsection (c) by inserting ``or carbon dioxide
pipeline facility'' after ``hazardous liquid pipeline
facility'';
(3) in subsection (d)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) major carbon dioxide pipeline facilities of
the operator;'';
(4) in subsection (e) by striking ``transportation of gas
or hazardous liquid'' and inserting ``transportation of gas,
hazardous liquid, or carbon dioxide'';
(5) in subsection (f)(1) by striking ``natural gas
transmission pipeline or hazardous liquid pipeline facilities''
and inserting ``natural gas transmission pipeline, hazardous
liquid pipeline facilities, or carbon dioxide pipeline
facilities'' each place it appears;
(6) in subsection (i)--
(A) in paragraph (1) by striking ``a hazardous
liquid'' and all that follows through ``such a
facility'' and inserting ``a pipeline facility in a
liquid and supercritical state'';
(B) in paragraph (3) by inserting `` prescribe the
location of a carbon dioxide storage facility or to''
before ``regulate piping'';
(C) by redesignating paragraph (3) as paragraph
(4);
(D) by inserting after paragraph (2) the following:
``(3) Storage of carbon dioxide.--
``(A) Minimum safety standards.--The Secretary
shall prescribe minimum safety standards for the
injection, withdrawal, and storage of carbon dioxide
incidental to pipeline transportation.
``(B) Storage of carbon dioxide incidental to
pipeline transportation.--In this paragraph, the term
`storage of carbon dioxide incidental to pipeline
transportation'--
``(i) means the temporary receipt and
storage of carbon dioxide transported by
pipeline for continued transport; but
``(ii) does not include--
``(I) with respect to each State,
the long-term containment of carbon
dioxide in subsurface geologic
formations or other activity subject to
the requirements of a State underground
injection control program prescribed by
the Administrator of the Environmental
Protection Agency and applicable to the
State, or adopted by the State and
approved by the Administrator, under
part C of the Safe Drinking Water Act
(42 U.S.C. 300h et seq.); or
``(II) the temporary storage of
carbon dioxide in any excepted
pipelines listed in paragraph (b) of
section 195.1 of title 49, Code of
Federal Regulations, as of the date of
enactment of the PIPES Act of 2023.'';
and
(E) by adding at the end the following:
``(5) Dispersion modeling.--
``(A) Safety standards.--The Secretary shall
prescribe minimum safety standards to require each
operator of a carbon dioxide pipeline facility to
employ vapor dispersion modeling to identify high
consequence areas, as defined at section 195.450 of
title 49, Code of Federal Regulations, and paragraph
(7)(I)(A) of Appendix C to part 195 of such title, that
could be affected by a release from such a pipeline.
``(B) Considerations.--In performing the vapor
dispersion modeling under subparagraph (A), operators
of a carbon dioxide pipeline facility shall consider--
``(i) the topography surrounding the
pipeline;
``(ii) atmospheric conditions that could
affect vapor dispersion;
``(iii) pipeline operating characteristics;
and
``(iv) additional substances present in the
pipeline that could affect vapor dispersion.
``(C) Maintenance of files.--The Secretary shall
require each operator of a carbon dioxide pipeline
facility to maintain records documenting the areas that
could affect high consequence areas, as determined
using the vapor dispersion modeling required pursuant
to subparagraph (A), in the manual of written
procedures for operating, maintaining, and handling
emergencies for such pipeline.
``(D) Protection of sensitive information.--In
responding to a public request for information
regarding carbon dioxide dispersion modeling, the
Secretary may, taking into account public safety,
security, and the need for public access, exclude from
disclosure (as the Secretary determines appropriate)--
``(i) security sensitive information
related to strategies for responding to worst-
case carbon dioxide release scenarios;
``(ii) security sensitive information
related to carbon dioxide release plumes; and
``(iii) security sensitive information
related to plans for responding to a carbon
dioxide release.
``(E) Statutory construction.--Nothing in this
section may be construed to require disclosure of
information or records that are exempt from disclosure
under section 552 of title 5.''.
(b) Regulations Required.--Not later than 1 year after the date of
publishing a notice of proposed rulemaking titled ``Pipeline Safety:
Safety of Carbon Dioxide and Hazardous Liquid Pipelines'' (or any other
notice of proposed rulemaking covering substantially similar regulatory
requirements), the Secretary shall issue a final rule based on such
proposed rulemaking. The final rule shall address the issue of gaseous
carbon dioxide as required under section 60102(i)(2) of title 49,
United States Code, and other carbon dioxide safety issues identified
by the Secretary.
(c) State Pipeline Safety Program Certifications.--Section
60105(b)(9)(A) of title 49, United States Code, is amended by striking
``natural gas and hazardous liquid'' and inserting ``natural gas,
hazardous liquid, and carbon dioxide''.
(d) State Pipeline Safety Grants.--Section 60107(a)(2) of title 49,
United States Code, is amended by inserting ``or interstate carbon
dioxide'' after ``interstate hazardous liquid''.
(e) Inspection and Maintenance.--Section 60108 of title 49, United
States Code, is amended--
(1) in subsection (a)(1) by striking ``gas pipeline
facility or hazardous liquid pipeline facility'' and inserting
``gas pipeline facility, hazardous liquid pipeline facility, or
carbon dioxide pipeline facility''; and
(2) in subsection (e)(1) by striking ``gas or hazardous
liquid pipeline facility'' and inserting ``gas pipeline
facility, hazardous liquid pipeline facility, or carbon dioxide
pipeline facility''.
(f) High-Density Population Areas and Environmentally Sensitive
Areas.--Section 60109 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) by inserting ``or carbon dioxide'' after ``by
operators of hazardous liquid'';
(B) by inserting ``and carbon dioxide'' after
``each hazardous liquid'' each place it appears; and
(C) in clause (ii) by inserting ``or carbon
dioxide'' after ``there is a hazardous liquid''; and
(2) in subsection (b) by inserting ``or carbon dioxide''
after ``there is a hazardous liquid'';
(3) in subsection (g)--
(A) in the heading by inserting ``and Carbon
Dioxide'' after ``Liquid''; and
(B) in paragraph (2) by inserting ``or carbon
dioxide'' after ``underwater hazardous liquid''.
(g) Technical Safety Standards Committees.--Section 60115 of title
49, United States Code, is amended--
(1) in subsection (b)(2)--
(A) by striking ``transporting hazardous liquid or
operating a hazardous liquid pipeline facility'' and
inserting ``transporting hazardous liquid, transporting
carbon dioxide, operating a hazardous liquid pipeline
facility, or operating a carbon dioxide pipeline
facility'' each place it appears; and
(B) by striking ``transporting hazardous liquid and
of hazardous liquid pipeline facilities'' and inserting
``transporting hazardous liquid or transporting carbon
dioxide and of hazardous liquid pipeline facilities or
carbon dioxide pipeline facilities'';
(2) in subsection (b)(3)(B) by striking ``the natural gas
or hazardous liquid industry'' and inserting ``the natural gas
industry, the hazardous liquid industry, or the carbon dioxide
industry'';
(3) in subsection (b)(4)(B) by striking ``natural gas
pipelines or hazardous liquid pipeline facilities'' and
inserting ``natural gas pipelines, hazardous liquid pipeline
facilities, or carbon dioxide pipeline facilities'';
(4) in subsection (c)(1)(B) by striking ``transporting
hazardous liquid and for hazardous liquid pipeline facilities''
and inserting ``transporting carbon dioxide, hazardous liquid
pipeline facilities and carbon dioxide facilities''; and
(5) in subsection (d)(1) by striking ``transporting
hazardous liquid and for hazardous liquid pipeline facilities''
and inserting ``transporting hazardous liquid, transporting
carbon dioxide, hazardous liquid pipeline facilities, and
carbon dioxide pipeline facilities''.
(h) Public Education Programs.--Section 60116 of title 49, United
States Code, is amended by striking ``gas or hazardous liquid pipeline
facility'' and inserting ``gas pipeline facility, hazardous liquid
pipeline facility, or carbon dioxide pipeline facility''.
(i) Administrative Provisions.--Section 60117 of title 49, United
States Code, is amended--
(1) in subsection (o)(1)--
(A) in subparagraph (A) by striking ``liquid
pipeline facility or liquefied natural gas pipeline
facility'' and inserting ``liquid pipeline facility, a
liquefied natural gas pipeline facility, or a carbon
dioxide pipeline facility''; and
(B) in subparagraph (B)(i)(II) by inserting ``or
carbon dioxide pipeline facility'' after ``hazardous
liquid pipeline facility''; and
(2) in subsection (p)--
(A) in paragraph (1) by striking ``gas or hazardous
liquid pipeline facilities'' and inserting ``gas
pipeline facilities, hazardous liquid pipeline
facilities, or carbon dioxide pipeline facilities'';
and
(B) in paragraph (8) by striking ``gas or hazardous
liquid pipeline facility'' and inserting ``gas pipeline
facility, hazardous liquid pipeline facility, or carbon
dioxide pipeline facility''.
(j) Criminal Penalties.--Section 60123(b) of title 49, United
States Code, is amended by striking ``an interstate hazardous liquid
pipeline facility, or either an intrastate gas pipeline facility or
intrastate hazardous liquid pipeline facility'' and inserting ``an
interstate hazardous liquid pipeline facility, an interstate carbon
dioxide pipeline facility, or either an intrastate gas pipeline
facility, an intrastate hazardous liquid pipeline facility, or an
intrastate carbon dioxide facility''.
(k) Emergency Response Grants.--Section 60125(b)(1) of title 49,
United States Code, is amended by striking ``gas or hazardous liquid
pipelines'' and inserting ``gas pipelines, hazardous liquid pipelines,
or carbon dioxide pipelines''.
(l) Dumping Within Pipeline Rights-of-way.--Section 60128(a) of
title 49, United States Code, is amended by striking ``interstate gas
pipeline facility or interstate hazardous liquid pipeline facility''
and inserting ``interstate gas pipeline facility, interstate hazardous
liquid pipeline facility, or interstate carbon dioxide pipeline
facility''.
(m) Verification of Pipeline Qualification Programs.--Section
60131(g) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) with respect to a carbon dioxide pipeline facility,
activities equivalent to the activities described with respect
to a hazardous liquid pipeline facility under section 195.501
of such title.''.
(n) Enforcement Transparency.--Section 60135(a)(1) of title 49,
United States Code, is amended by striking ``gas and hazardous liquid
pipeline'' and inserting ``gas, hazardous liquid, and carbon dioxide
pipeline''.
(o) Pipeline Control Room Management.--Section 60137 and title 49,
United States Code, is amended--
(1) in subsection (a) by striking ``gas or hazardous liquid
pipeline'' and inserting ``gas, hazardous liquid, or carbon
dioxide pipeline'';
(2) in subsection (d) by striking ``gas or hazardous liquid
pipeline'' and inserting ``gas, hazardous liquid, or carbon
dioxide pipeline''; and
(3) in subsection (e) by striking ``gas or hazardous liquid
pipeline'' and inserting ``gas, hazardous liquid, or carbon
dioxide pipeline''.
(p) Pipeline Safety Enhancement Programs.--Section 60142 of title
49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``or'' at the end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) a carbon dioxide pipeline facility; or'';
(2) in subsection (k)(2)(A) by striking ``interstate gas or
hazardous liquid pipeline facilities'' and inserting
``interstate gas pipeline facilities, interstate hazardous
liquid pipeline facilities, or interstate carbon dioxide
pipeline facilities''; and
(3) in subsection (l)(1) by striking ``interstate gas or
hazardous liquid pipeline facilities'' and inserting
``interstate gas pipeline facilities, interstate hazardous
liquid pipeline facilities, or interstate carbon dioxide
pipeline facilities''.
(q) Idled Pipelines.--Section 60143 of title 49, United States
Code, is amended--
(1) in subsection (a)(2) by inserting ``carbon dioxide,''
after ``hazardous liquid,''; and
(2) in subsection (b) by striking ``gas transmission and
hazardous liquid pipelines'' and inserting ``gas transmission,
hazardous liquid, and carbon dioxide pipelines'' each place it
appears.
(r) User Fees.--Section 60301 of title 49, United States Code, is
amended--
(1) in subsection (a) by striking ``natural gas and
hazardous liquids'' and inserting ``natural gas, hazardous
liquids, and carbon dioxide'';
(2) in subsection (b) by striking ``gas pipeline facility,
or a hazardous liquid pipeline facility'' and inserting ``gas
pipeline facility, a hazardous liquid pipeline facility, or a
carbon dioxide pipeline facility''; and
(3) in subsection (d)(1)--
(A) in subparagraph (A) by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) related to a carbon dioxide pipeline facility may be
used only for an activity related to carbon dioxide under
chapter 601 of this title; and''.
SEC. 26. OPPORTUNITY FOR FORMAL HEARING.
(a) Enforcement Procedures.--Section 60117(b)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (I) by striking ``and'' at the end;
(2) in subparagraph (J) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) allow the respondent an opportunity for a
hearing on the record conducted by an administrative
law judge, in accordance with section 554 of title 5,
for a notice of probable violation enforcement matter--
``(i) with a proposed civil penalty of at
least $125,000; or
``(ii) where the respondent can reasonably
show the cost of the proposed compliance action
will exceed $125,000.''.
(b) Protocols for Public Hearings.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation shall
publish protocols for hearings open to the public pursuant to section
60117(b)(2) of title 49, United States Code, that ensure an orderly
process and protection of confidential information.
(c) Report on Use of Formal Hearing Process.--Not later than 3
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 and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing--
(1) the number of hearings held pursuant to subparagraph
(K) of section 60117(b)(1) of title 49, United States Code;
(2) the status of each such hearing;
(3) an analysis comparing the informal hearing process and
the formal hearing process that describes--
(A) the length of time to resolve an enforcement
action under section 60117 of title 49, United States
Code;
(B) the cost of the enforcement action process to--
(i) the respondent; and
(ii) the Pipeline and Hazardous Materials
Safety Administration; and
(C) the number of cases that reach settlement and
the outcome of such cases;
(4) any additional resources that are needed by the
Secretary in response to implementing this provision for each
fiscal year to carry out the amendment made by subsection (a)
and
(5) any safety improvements identified as a result of the
implementation of subparagraph (K) of section 60117(b)(1) of
title 49, United States Code.
SEC. 27. STATE PIPELINE SAFETY GRANTS REPORTING.
Section 60107(b) of title 49, United States Code, is amended--
(1) by striking ``After notifying'' and inserting ``(1)
Withholding of payment.--''; and
(2) by adding at the end the following:
``(2) Budget estimate.--The budget estimates of the
Secretary for each fiscal year shall include--
``(A) a summary of amounts claimed, amounts
reimbursed, and the percentages reimbursed in the
preceding 3 fiscal years for the program under this
section; and
``(B) the estimated funding necessary to fund 80
percent of the cost of the personnel, equipment, and
activities under this section for the subsequent
calendar year.''.
SEC. 28. INSPECTION OF IN-SERVICE BREAKOUT TANKS.
(a) Inspection of In-Service Breakout Tanks.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation may review and, if determined appropriate, may amend the
safety standards in part 195 of title 49, Code of Federal Regulations,
relating to the internal inspection of the bottoms of in-service
breakout tanks to allow for risk-based inspections.
(b) Consideration.--If the Secretary amends the safety standards
described in subsection (a), the Secretary may consider the 5th edition
of standard 653 published by the American Petroleum Institute issued
November 2014 titled ``Tank Inspection, Repair, Alteration, and
Reconstruction''.
(c) Scope.--If the Secretary amends the safety standards described
in subsection (a), the Secretary shall ensure that such standards
achieve a level of safety that is equivalent to the level of safety
required under such part 195, as in effect on the date of enactment of
this Act.
SEC. 29. DISCLOSURE OF SAFETY INFORMATION ASSESSMENT.
(a) Assessment.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall conduct an
assessment on how gas pipeline facility, hazardous liquid pipeline
facility, and carbon dioxide pipeline facility owners and operators
engage with, and provide safety information to, the public and State or
local emergency response organizations.
(b) Safety Information.--In conducting the assessment required
under subsection (a), the Secretary shall consider--
(1) pipeline safety materials that the owners and operators
of pipelines described in subsection (a) voluntarily provide to
the public;
(2) methods of interaction between pipeline facility owners
and operators and the public and State and local emergency
response entities;
(3) Federal, State, and local government regulations
governing information that pipeline facility owners and
operators are required to share with the public;
(4) industry consensus standards regarding the sharing of
pipeline safety and emergency response information;
(5) specific data that could be shared with local and State
emergency response and planning agencies, local public
officials, and governing councils to enhance information
sharing and pipeline safety, specifically--
(A) the identification of general pipeline
location, or information including location, the
products transported by pipeline or stored at an
underground natural gas facility, data on breakout
tanks or production facilities that includes pipeline
classification and impact areas, and owner or operator
emergency response planning materials; and
(B) information emergency response organizations
ask pipeline owners and operators to voluntarily share
with the public;
(6) emergency response materials that pipeline facility
owners and operators voluntarily provide to emergency response
organizations;
(7) how pipeline facility owners and operators communicate
with emergency response organizations, including--
(A) the functional quality and use of data shared
through the National Pipeline Mapping System; and
(B) the measures taken by emergency response
organizations to secure any sensitive information
shared;
(8) emergency response planning guidance and requirements
issued by emergency response organizations for pipeline
facility owners and operators; and
(9) changes emergency response organizations recommend to
improve communication with the public and emergency response
coordination organizations.
(c) Consultation.--In conducting the assessment under subsection
(a), the Secretary shall consult with both large and small pipeline
facility owners and operators, urban and rural State, local, and Tribal
governments, emergency response organizations, and pipeline safety
organizations.
(d) Report to Congress .--Not later than 180 days after completion
of the assessment in subsection (a), the Secretary 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
containing the findings of the assessment under subsection (a) and any
legislative recommendations of the Secretary.
(e) Guidance.--Not later than 180 days after the submission of the
report under subsection (d), the Secretary may issue guidance to
improve pipeline safety information sharing with the public and other
interested parties to advance pipeline safety.
(f) Definitions.--The definitions contained in section 60101(a) of
title 49, United States Code, shall apply to this section.
SEC. 30. ASSESSMENT OF CERTAIN PIPELINE SAFETY DEFINITIONS.
(a) Evaluation.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall evaluate the
definition in section 192.5(b)(3)(ii) of title 49, Code of Federal
Regulations, and the definition of identified site in section 192.903
of title 49, Code of Federal Regulations, to determine the adequacy for
protecting buildings and occupied outdoor facilities from pipeline
safety incidents.
(b) Considerations.--In carrying out the evaluation under
subsection (a), the Secretary shall consider--
(1) whether to revise the definition of the occupancy
counts of these areas;
(2) whether consistency in minimum occupancy thresholds
throughout part 192 of title 49, Code of Federal Regulations,
would improve safety; and
(3) whether defining the occupancy counts in these areas as
20 or more persons on at least a total of 50 days within any
12-month period would improve--
(A) safety; and
(B) the efficiency of carrying out class
determinations.
(c) Modification of Definitions.--The Secretary shall issue such
regulations as the Secretary determines necessary to modify the
definitions in subsection (a) to increase safety for the protection of
buildings and occupied outdoor facilities from pipeline safety
incidents.
SEC. 31. REPORT ASSESSING THE COSTS OF PIPELINE FAILURES.
(a) Report Assessing the Costs of Pipeline Failures.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with the National
Academies under which the National Academies shall, not later than 3
years after such date of enactment, conduct a study of the direct and
indirect costs related to the failure or shutdown of a gas, hazardous
liquid, or carbon dioxide pipeline facility.
(b) Elements.--The study described under subsection (a) may include
an analysis of--
(1) the direct and indirect costs related to a failure or
shutdown of a gas, hazardous liquid, or carbon dioxide pipeline
facility, including local community emergency response costs,
local planning for emergency response, and local community
impact costs of loss of product;
(2) the costs to an operator of such a facility of
complying with enforcement actions related to a pipeline
facility failure or shutdown, such as corrective action or
consent orders, safety orders, and emergency orders;
(3) the direct and indirect costs related to failure or
shutdown of a gas, hazardous liquid, or carbon dioxide pipeline
facility resulting from a cyber attack or intrusion, including
any economic and supply chain impacts;
(4) the impact to emergency response planning and resources
of local communities, operators of gas, hazardous liquid, or
carbon dioxide pipeline facilities, and the State, Federal,
local, and Tribal governments in responding to and mitigating
the impacts of a failure or shutdown of a gas, hazardous
liquid, or carbon dioxide pipeline facility;
(5) the costs of environmental remediation resulting from a
gas, hazardous liquid, or carbon dioxide pipeline facility
failure or shutdown;
(6) the economic impact of a gas, hazardous liquid, or
carbon dioxide pipeline facility failure or shutdown,
including--
(A) increases in product costs;
(B) damage to public and private property; and
(C) the potential costs of moving gas, hazardous
liquid, or carbon dioxide by other means of
transportation, including by rail, truck, and barge;
and
(7) increased energy costs to households and businesses
reliant on the movement of the gas, hazardous liquid or carbon
dioxide due to the shutdown or failure of a pipeline facility.
(c) Consultation.--In conducting the study under subsection (a),
the National Academies shall consult with economists, State, Federal,
local, and Tribal governments, emergency management officials, and
pipeline stakeholders, including pipeline facility operators and public
safety and environmental groups.
(d) Report to Congress.--Upon completion of the study conducted
under subsection (a), the Secretary shall--
(1) require the National Academies to submit to the
Secretary a report on such study; and
(2) submit to the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of
such study.
SEC. 32. STUDY ON LOCALIZED EMERGENCY ALERT SYSTEM FOR PIPELINE
FACILITIES INCIDENTS.
(a) GAO Review.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Secretary of Transportation, the Committees on
Transportation and Infrastructure and Energy and Commerce of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a study assessing--
(1) the need and feasibility of requiring owners and
operators of covered facilities to establish and maintain a
localized emergency alert system; and
(2) whether such an alert system would be best maintained
by State or local emergency management officials or owners and
operators of such facilities.
(b) Considerations.--In conducting the study under subsection (a),
the Comptroller General shall--
(1) consider the feasibility, benefits, costs, and safety
impacts to affected stakeholders, including owners and
operators of covered facilities, the public, and State and
local emergency management officials, of requiring a localized
emergency alert system;
(2) consider whether a localized emergency alert system can
be established by such owners and operators or incorporated
into existing public alert, broadcast, and electronic emergency
alert systems, including by assessing--
(A) whether a localized emergency alert system
established and maintained by an owner or operator of a
covered facility would conflict with, or impede the
operation of, existing emergency alert systems;
(B) the feasibility, benefits, costs, and
technological needs of incorporating facility system
data into existing emergency alert systems;
(C) whether local emergency management
organizations may need additional hardware, software,
personnel, or communications support to incorporate a
localized emergency alert system into an existing
emergency alert system;
(D) whether other systems could support
notification to the public of an incident or accident
at a covered facility, such as the National Response
Center, the Reverse-911 telecommunication system, or
severe weather warning systems; and
(E) whether localized emergency alert systems have
been considered, studied, or implemented in other high
hazard industries, such as industrial gases, chemicals,
petrochemicals, and petroleum refining, and the results
of any study or implementation of such systems in such
industries;
(3) consult with owners and operators of large and small
covered facilities, public safety advocacy groups, and urban
and rural State and local emergency management officials;
(4) assess the adequacy of existing practices of owners and
operators of covered facilities in providing timely and
pertinent safety communication about an incident or accident at
such facility to local communities affected by such incident or
accident;
(5) assess whether there are legal hurdles to establishing
a localized emergency alert system that uses voluntarily
collected data or opt-in procedures, including any data
security considerations;
(6) consider the feasibility, benefits, costs, and other
impacts to State and Federal safety regulators who would
oversee any requirement of owners and operators of covered
facilities;
(7) assess the types of incidents and accidents at covered
facilities, by commodities transported and the unique
characteristics of such incident or accident, that should be
reported through a localized emergency alert system and the
content of the information that should be provided;
(8) assess which members of the public should receive
communications from localized emergency alert systems,
including individuals, persons, or organizations located in the
vicinity of high consequence areas, unusually sensitive areas,
and any other defining characteristics as determined by the
Comptroller General; and
(9) consider whether any Federal requirements or mandates
are needed in order to establish an effective localized
emergency alert system for incidents or accidents at covered
facilities.
(c) Recommendations.--The Comptroller General shall include in the
study conducted under subsection (a) any policy recommendations
developed as a result of the information studied and assessed under
subsection (b).
(d) Definitions.--In this section:
(1) Covered facility.--The term ``covered facility'' means
a gas pipeline facility, a hazardous liquid pipeline facility,
or a carbon dioxide pipeline facility, including a liquefied
natural gas storage facility or an underground natural gas
storage facility, as defined in section 60101 of title 49,
United States Code.
(2) Localized emergency alert system.--The term ``localized
emergency alert system'' means a system that provides to
individuals in the immediate vicinity of a covered facility an
electronic notification of an incident or accident at such
facility that presents an immediate risk to life or property.
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