Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

112th Congress                                            Rept. 112-287
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
      PIPELINE INFRASTRUCTURE AND COMMUNITY PROTECTION ACT OF 2011

                                _______
                                

               November 16, 2011.--Ordered to be printed

                                _______
                                

         Mr. Upton, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2937]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2937) to amend title 49, United States Code, to 
provide for enhanced safety and environmental protection in 
pipeline transportation, to provide for enhanced reliability in 
the transportation of the Nation's energy products by pipeline, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................    13
Background and Need for Legislation..............................    13
Hearings.........................................................    14
Committee Consideration..........................................    15
Committee Votes..................................................    15
Committee Oversight Findings.....................................    17
Statement of General Performance Goals and Objectives............    17
New Budget Authority, Entitlement Authority, and Tax Expenditures    17
Earmarks.........................................................    17
Committee Cost Estimate..........................................    17
Congressional Budget Office Estimate.............................    17
Federal Mandates Statement.......................................    22
Advisory Committee Statement.....................................    22
Applicability to Legislative Branch..............................    22
Section-by-Section Analysis of Legislation.......................    22
Changes in Existing Law Made by the Bill, as Reported............    27

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
                    DEFINITIONS; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Pipeline 
Infrastructure and Community Protection Act of 2011''.
  (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
  (c) Definitions.--Any term used in this Act that is defined in 
chapter 601 of title 49, United States Code, shall have the meaning 
given that term in that chapter.
  (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering lines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Hazardous liquid pipeline leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan 
compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Transportation-related oil flow lines.
Sec. 16. Alaska project coordination.
Sec. 17. Cost recovery for design reviews.
Sec. 18. Special permits.
Sec. 19. Biofuel pipelines.
Sec. 20. Carbon dioxide pipelines.
Sec. 21. Study of the transportation of diluted bitumen.
Sec. 22. Study of non-petroleum hazardous liquids transported by 
pipeline.
Sec. 23. Clarifications.
Sec. 24. Additional resources.
Sec. 25. Maintenance of effort.
Sec. 26. Administrative enforcement process.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Cover over buried pipeline.
Sec. 29. Onshore gathering lines.
Sec. 30. Natural gas pipeline leak detection report.
Sec. 31. Report on minority or woman-owned or disadvantaged businesses.
Sec. 32. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

  (a) Penalty Considerations; Major Consequence Violations.--Section 
60122 is amended--
          (1) by striking ``the ability to pay,'' in subsection 
        (b)(1)(B);
          (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively; and
          (3) by inserting after subsection (b) the following:
  ``(c) Penalties for Major Consequence Violations.--
          ``(1) In general.--A person that the Secretary of 
        Transportation decides, after written notice and an opportunity 
        for a hearing, has committed a major consequence violation of 
        section 60114(b), 60114(d), or 60118(a) of this title or a 
        regulation prescribed or order issued under this chapter is 
        liable to the United States Government for a civil penalty of 
        not more than $250,000 for each violation. A separate violation 
        occurs for each day the violation continues. The maximum civil 
        penalty under this paragraph for a related series of major 
        consequence violations is $2,500,000.
          ``(2) Penalty considerations.--In determining the amount of a 
        civil penalty for a major consequence violation under this 
        subsection, the Secretary shall consider the factors prescribed 
        in subsection (b).
          ``(3) Major consequence violation defined.--In this 
        subsection, the term `major consequence violation' means a 
        violation that contributed to a pipeline facility incident 
        resulting in--
                  ``(A) 1 or more deaths;
                  ``(B) 1 or more injuries or illnesses requiring in-
                patient hospitalization; or
                  ``(C) environmental harm exceeding $250,000 in 
                estimated damages to the environment including property 
                loss, other than the value of natural gas or hazardous 
                liquid lost and damage to pipeline facility 
                equipment.''.
  (b) Penalty for Obstruction of Inspections and Investigations.--
Section 60118(e) is amended by adding at the end the following: ``The 
Secretary may impose a civil penalty under section 60122 on a person 
who obstructs or prevents the Secretary from carrying out inspections 
or investigations under this chapter.''.
  (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) is 
amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
  (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
          (1) in the subsection heading by striking ``and Waiver 
        Orders'' and inserting ``, Orders, and Other Final Agency 
        Actions''; and
          (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of'' and inserting ``under''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

  (a) Minimum Standards for State One-call Notification Programs.--
Section 6103(a) is amended to read as follows:
  ``(a) Minimum Standards.--
          ``(1) In general.--In order to qualify for a grant under 
        section 6106, a State one-call notification program shall, at a 
        minimum, provide for--
                  ``(A) appropriate participation by all underground 
                facility operators, including all government operators;
                  ``(B) appropriate participation by all excavators, 
                including all government and contract excavators; and
                  ``(C) flexible and effective enforcement under State 
                law with respect to participation in, and use of, one-
                call notification systems.
          ``(2) Exemptions prohibited.--A State one-call notification 
        program may not exempt municipalities, State agencies, or their 
        contractors from its one-call notification system 
        requirements.''.
  (b) State Damage Prevention Programs.--Section 60134(a) is amended--
          (1) by striking ``and'' after the semicolon in paragraph (1);
          (2) by striking ``(b).'' in paragraph (2)(B) and inserting 
        ``(b); and''; and
          (3) by adding at the end the following:
          ``(3) does not provide any exemptions to municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.''.
  (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.
  (d) Third Party Damage.--
          (1) Study.--The Secretary of Transportation shall conduct a 
        study on the impact of third party damage on pipeline safety.
          (2) Contents.--The study shall include--
                  (A) an analysis of the frequency and severity of 
                different types of third party damage incidents;
                  (B) an analysis of exemptions to the one-call 
                notification system requirements in each State;
                  (C) a comparison of exemptions to the one-call 
                notification system requirements in each State to the 
                types of third party damage incidents in that State; 
                and
                  (D) an analysis of the potential safety benefits and 
                adverse consequences of eliminating all exemptions for 
                mechanized excavation from State one-call notification 
                systems.
          (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the House 
        of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce and the 
        Senate Committee on Commerce, Science, and Transportation a 
        report on the results of the study.

SEC. 4. OFFSHORE GATHERING LINES.

  Section 60108(c) is amended by adding at the end the following new 
paragraph:
  ``(8) Not later than 2 years after the date of enactment of the 
Pipeline Infrastructure and Community Protection Act of 2011, the 
Secretary shall issue regulations, after notice and an opportunity for 
a hearing, subjecting offshore hazardous liquid gathering lines and 
hazardous liquid gathering lines located within the inlets of the Gulf 
of Mexico to the same standards and regulations as other hazardous 
liquid gathering lines. The exceptions described in section 60102(k)(3) 
shall apply to the requirements of this paragraph. The regulations 
issued under this paragraph shall not apply to production pipelines or 
flow lines.''.

SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

  Section 60102 is amended by adding at the end the following:
  ``(n) Automatic and Remote-controlled Shut-off Valves.--
          ``(1) Standards for new transmission pipelines.--Not later 
        than 2 years after the date of enactment of the Pipeline 
        Infrastructure and Community Protection Act of 2011, the 
        Secretary shall by regulation, after notice and an opportunity 
        for a hearing, require the use of automatic or remote-
        controlled shut-off valves, or equivalent technology, where 
        economically, technically, and operationally feasible on 
        transmission pipelines constructed or entirely replaced after 
        the date on which the Secretary issues a final rule.
          ``(2) Retrofit review and analysis.--The Secretary shall 
        conduct a review of transmission pipeline facility operators' 
        ability to respond to a hazardous liquid or gas release from a 
        pipeline segment located in a high consequence area (as 
        described in section 60109(a)). The Secretary's analysis shall 
        consider the swiftness of leak detection and pipeline shutdown 
        capabilities, the location of nearest response personnel, and 
        the costs, risks, and benefits of installing automatic and 
        remote-controlled shut-off valves. Not later than 1 year after 
        the date of enactment of the Pipeline Infrastructure and 
        Community Protection Act of 2011, the Secretary shall report 
        the results of such review and analysis to the Senate Committee 
        on Commerce, Science, and Transportation, and the House of 
        Representatives Committee on Transportation and Infrastructure 
        and Committee on Energy and Commerce.''.

SEC. 6. EXCESS FLOW VALVES.

  Section 60109(e)(3) is amended--
          (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
          (2) by inserting after subparagraph (A) the following:
                  ``(B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--Not later 
                than 2 years after the date of enactment of the 
                Pipeline Infrastructure and Community Protection Act of 
                2011, the Secretary shall by regulation, after notice 
                and an opportunity for a hearing, require the use of 
                excess flow valves, or equivalent technology, where 
                economically, technically, and operationally feasible 
                on new or entirely replaced distribution branch 
                services, multifamily facilities, and small commercial 
                facilities.''.

SEC. 7. INTEGRITY MANAGEMENT.

  (a) In General.--Section 60109 is amended by adding at the end the 
following new subsection:
  ``(g) Integrity Management.--
          ``(1) Evaluation.--Within 1 year after the date of enactment 
        of the Pipeline Infrastructure and Community Protection Act of 
        2011, the Secretary shall evaluate--
                  ``(A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline facilities, 
                whether integrity management requirements, or elements 
                thereof, should be expanded beyond high consequence 
                areas (as described in subsection (a)); and
                  ``(B) with respect to gas transmission pipeline 
                facilities, whether applying integrity management 
                requirements, or elements thereof, to additional areas 
                would mitigate the need for class location 
                requirements.
          ``(2) Factors.--In conducting the evaluation under paragraph 
        (1), the Secretary shall consider factors including the 
        following:
                  ``(A) The continuing priority to enhance protections 
                for public safety.
                  ``(B) The continuing importance of reducing risk in 
                high consequence areas, as so defined at the time the 
                Secretary conducts such evaluation.
                  ``(C) The incremental costs of applying integrity 
                management standards to pipelines outside of high 
                consequence areas where operators are already 
                conducting assessments beyond what is required under 
                this chapter.
                  ``(D) The need to undertake integrity management 
                assessments and repairs in a manner which is achievable 
                and sustainable, and which does not disrupt pipeline 
                service.
                  ``(E) The options for phasing in the extension of 
                integrity management requirements beyond high 
                consequence areas, as so defined at the time the 
                Secretary conducts such evaluation, including the most 
                effective and efficient options for decreasing risks to 
                an increasing number of people living or working in 
                proximity to pipeline facilities.
          ``(3) Report.--Based on the evaluation described in paragraph 
        (1), the Secretary shall submit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure and Committee on Energy and Commerce containing 
        the Secretary's analysis and findings regarding--
                  ``(A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline facilities, 
                expansion of integrity management requirements, or 
                elements thereof, beyond high consequence areas (as 
                described in subsection (a)); and
                  ``(B) with respect to gas transmission pipeline 
                facilities, whether applying the integrity management 
                requirements, or elements thereof, to additional areas 
                would mitigate the need for class location 
                requirements.
          ``(4) Standards.--Not later than 2 years after completion of 
        the evaluation, the Secretary shall, as appropriate, prescribe 
        regulations, after notice and an opportunity for a hearing, 
        that--
                  ``(A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline facilities, 
                expand integrity management requirements, or elements 
                thereof, beyond high consequence areas (as described in 
                subsection (a)); and
                  ``(B) remove redundant class location requirements 
                for gas transmission pipeline facilities that are 
                regulated under an integrity management program adopted 
                and implemented under subsection (c)(2).
          ``(5) Data reporting.--The Secretary shall collect any 
        relevant data necessary to complete the evaluation required by 
        paragraph (1) and may collect such additional data pursuant to 
        regulations promulgated under paragraph (3) as may be 
        necessary.''.
  (b) Technical Correction.--Section 60109(c)(3)(B) is amended to read 
as follows:
                  ``(B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of once 
                every 7 calendar years, using methods described in 
                subparagraph (A). Such deadline shall be extended for 
                an additional 6 months if the operator submits written 
                notice to the Secretary that includes an explanation of 
                the need for such extension.''.

SEC. 8. PUBLIC EDUCATION AND AWARENESS.

  (a) In General.--Chapter 601 is amended by adding at the end the 
following:

``Sec. 60138. Public education and awareness

  ``(a) In General.--Not later than 1 year after the date of enactment 
of the Pipeline Infrastructure and Community Protection Act of 2011, 
the Secretary shall--
          ``(1) maintain a monthly updated summary of all completed and 
        final natural gas and hazardous liquid pipeline facility 
        inspections conducted by or reported to the Pipeline and 
        Hazardous Materials Safety Administration that includes--
                  ``(A) identification of the operator inspected;
                  ``(B) the type of inspection;
                  ``(C) the results of the inspection, including any 
                deficiencies identified; and
                  ``(D) any corrective actions required to be taken by 
                the operator to remediate such deficiencies;
          ``(2) maintain a detailed summary of each approved emergency 
        response plan written by the operator that includes the key 
        elements of the plan, but which may exclude--
                  ``(A) proprietary information;
                  ``(B) sensitive security information, including as 
                referenced in section 1520.5(a) of title 49, Code of 
                Federal Regulations;
                  ``(C) specific response resources and tactical 
                resource deployment plans; and
                  ``(D) the specific amount and location of worst-case 
                discharges, including the process by which an operator 
                determines the worst-case discharge; and
          ``(3) maintain, as part of the National Pipeline Mapping 
        System, a map of all currently designated high consequence 
        areas (as described in section 60109(a)) in which pipelines are 
        required to meet integrity management safety regulations, 
        excluding any proprietary or sensitive security information, 
        and update the map annually.
  ``(b) Public Availability.--The requirements of subsection (a) shall 
be satisfied if the information required to be made public is made 
available on the Pipeline and Hazardous Materials Safety 
Administration's public Web site.
  ``(c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
  (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60137 the 
following:

``60138. Public education and awareness.''.

SEC. 9. CAST IRON GAS PIPELINES.

  (a) Survey Update.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall conduct a follow-on 
survey to the survey conducted under section 60108(d) of title 49, 
United States Code, to determine--
          (1) the extent to which each operator has adopted a plan for 
        the safe management and replacement of cast iron pipelines;
          (2) the elements of the plan, including the anticipated rate 
        of replacement; and
          (3) the progress that has been made.
  (b) Survey Frequency.--Section 60108(d) is amended by adding at the 
end the following new paragraph:
  ``(4) The Secretary shall conduct a follow-up survey to measure 
progress of plan implementation biennially.''.

SEC. 10. HAZARDOUS LIQUID PIPELINE LEAK DETECTION.

  (a) Leak Detection Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall submit to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infrastructure 
and Committee on Energy and Commerce a report on leak detection systems 
utilized by operators of hazardous liquid pipeline facilities and 
transportation-related flow lines. The report shall include an analysis 
of the technical limitations of current leak detection systems, 
including the systems' ability to detect ruptures and small leaks that 
are ongoing or intermittent, and what can be done to foster development 
of better technologies.
  (b) Standards.--Not later than 2 years after submission of the report 
under subsection (a), the Secretary shall, as appropriate, based on the 
findings of such report, prescribe regulations, after notice and an 
opportunity for a hearing, that require an operator of a hazardous 
liquid pipeline facility to use leak detection systems, employing 
technically, operationally, and economically feasible standards 
established by the Secretary for the capability of such systems to 
detect leaks.

SEC. 11. INCIDENT NOTIFICATION.

  (a) Review of Procedures.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall review 
procedures for the National Response Center to provide thorough and 
coordinated notification to all relevant State and local emergency 
response officials and revise such procedures as appropriate.
  (b) Telephonic Notice of Certain Incidents.--
          (1) In general.--Chapter 601, as amended by this Act, is 
        further amended by adding at the end the following:

``Sec. 60139. Telephonic notice of certain incidents

  ``(a) In General.--An owner or operator of a pipeline facility shall 
provide immediate telephonic notice of--
          ``(1) a failure of a hazardous liquid pipeline facility 
        described in section 195.50 of title 49, Code of Federal 
        Regulations; and
          ``(2) an incident, as defined in section 191.3 of title 49, 
        Code of Federal Regulations.
  ``(b) Immediate Telephonic Notice Defined.--In subsection (a), the 
term `immediate telephonic notice' means telephonic notice, as 
described in section 191.5 of such title, to the National Response 
Center at the earliest practicable moment following confirmed discovery 
and not later than one hour following the time of such confirmed 
discovery.
  ``(c) Estimates of Release Volumes.--When providing immediate 
telephonic notice under subsection (a), the owner or operator of a 
pipeline facility shall estimate the general volume of a release using 
ranges such as `small', `medium', `large', and `very large', with the 
volume of such ranges, but shall not be required to provide a numerical 
estimate of the size of the release. The owner or operator shall be 
required to revise an estimate to provide more specific information, 
including, but not limited to, a numerical estimate of the size of the 
release within 48 hours, to the extent practicable.
  ``(d) References.--Any reference to a regulation in this section 
means the regulation as in effect on the date of enactment of this 
section.''.
          (2) Clerical amendment.--The table of sections for chapter 
        601 is amended by inserting after the item relating to section 
        60138 the following:

``60139. Telephonic notice of certain incidents.''.

          (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that the Secretary prescribes 
        regulations under subsection (c).
  (c) Standards.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall prescribe regulations, 
after notice and an opportunity for comment, defining the meaning of 
the terms ``discovery'', ``small'', ``medium'', ``large'', and ``very 
large'' as used in section 60139(c) of title 49, United States Code, as 
added by subsection (b) of this section.

SEC. 12. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
                    COMPLIANCE.

  (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are 
amended to read as follows:
                  ``(A) Recordkeeping.--Whenever required to carry out 
                the purposes of this section, the Administrator, the 
                Secretary of Transportation, or the Secretary of the 
                department in which the Coast Guard is operating shall 
                require the owner or operator of a facility to which 
                this section applies to establish and maintain such 
                records, make such reports, install, use, and maintain 
                such monitoring equipment and methods, and provide such 
                other information as the Administrator, the Secretary 
                of Transportation, or Secretary of the department in 
                which the Coast Guard is operating, as the case may be, 
                may require to carry out the objectives of this 
                section.
                  ``(B) Entry and inspection.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, or the 
                Secretary of the Department in which the Coast Guard is 
                operating or an authorized representative of the 
                Administrator, the Secretary of Transportation, or 
                Secretary of the department in which the Coast Guard is 
                operating, upon presentation of appropriate 
                credentials, may--
                          ``(i) enter and inspect any facility to which 
                        this section applies, including any facility at 
                        which any records are required to be maintained 
                        under subparagraph (A); and
                          ``(ii) at reasonable times, have access to 
                        and copy any records, take samples, and inspect 
                        any monitoring equipment or methods required 
                        under subparagraph (A).''.
  (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking 
``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.

  (a) In General.--Section 60132(a) is amended--
          (1) in the text preceding paragraph (1), by striking ``and 
        gathering lines''; and
          (2) by adding at the end the following:
          ``(4) Any other geospatial or technical data, including 
        design and material specifications, that the Secretary 
        determines is necessary to carry out the purposes of this 
        section. Such data shall include data relating to the depth of 
        buried pipelines. The Secretary shall give reasonable notice to 
        operators that the data are being requested.''.
  (b) Disclosure Limited to FOIA Requirements.--Section 60132 is 
amended by adding at the end the following:
  ``(d) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.

SEC. 14. INTERNATIONAL COOPERATION AND CONSULTATION.

  Section 60117 is amended by adding at the end the following:
  ``(o) International Cooperation and Consultation.--
          ``(1) Information exchange and technical assistance.--If the 
        Secretary determines that it would benefit the United States, 
        subject to guidance from the Secretary of State, the Secretary 
        may engage in activities supporting cooperative international 
        efforts to share information about the risks to the public and 
        the environment from pipeline facilities and means of 
        protecting against those risks. Such cooperation may include 
        the exchange of information with domestic and appropriate 
        international organizations to facilitate efforts to develop 
        and improve safety standards and requirements for pipeline 
        transportation in or affecting interstate or foreign commerce.
          ``(2) Consultation.--To the extent practicable, subject to 
        guidance from the Secretary of State, the Secretary may consult 
        with interested authorities in Canada, Mexico, and other 
        interested authorities, as needed, to ensure that the 
        respective pipeline facility safety standards and requirements 
        prescribed by the Secretary and those prescribed by such 
        authorities are consistent with the safe and reliable operation 
        of cross-border pipeline facilities.
          ``(3) Differences in international standards and 
        requirements.--Nothing in this section requires that a standard 
        or requirement prescribed by the Secretary under this chapter 
        be identical to a standard or requirement adopted by a foreign 
        or international authority.''.

SEC. 15. TRANSPORTATION-RELATED OIL FLOW LINES.

  Section 60102, as amended by section 5, is further amended by adding 
at the end the following:
  ``(o) Transportation-related Oil Flow Lines.--
          ``(1) Data collection.--The Secretary may collect geospatial 
        or technical data on transportation-related oil flow lines, 
        including unregulated transportation-related oil flow lines.
          ``(2) Transportation-related oil flow line defined.--In this 
        subsection, the term `transportation-related oil flow line' 
        means a pipeline transporting oil off of the grounds of the 
        well where it originated across areas not owned by the 
        producer, regardless of the extent to which the oil has been 
        processed, if at all.
          ``(3) Limitation.--Nothing in this subsection authorizes the 
        Secretary to prescribe standards for the movement of oil 
        through production, refining, or manufacturing facilities, or 
        through oil production flow lines located on the grounds of 
        wells.''.

SEC. 16. ALASKA PROJECT COORDINATION.

  (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:

``Sec. 60140. Alaska project coordination

  ``The Secretary may provide technical assistance to the State of 
Alaska for the purpose of achieving coordinated and effective oversight 
of the construction and operation of new and prospective pipeline 
facility systems in Alaska. The assistance may include--
          ``(1) conducting coordinated inspections of pipeline facility 
        systems subject to the respective authorities of the Department 
        of Transportation and the State of Alaska;
          ``(2) consulting on the development and implementation of 
        programs designed to manage the integrity risks associated with 
        operating pipeline facility systems in the unique conditions of 
        Alaska;
          ``(3) training inspection and enforcement personnel and 
        consulting on the development and implementation of inspection 
        protocols and training programs; and
          ``(4) entering into cooperative agreements, grants, or other 
        transactions with the State of Alaska, the Joint Pipeline 
        Office, other Federal agencies, and other public and private 
        agencies to carry out the objectives of this section.''.
  (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60139 the 
following:

``60140. Alaska project coordination.''.

SEC. 17. COST RECOVERY FOR DESIGN REVIEWS.

  (a) Section 60117(n) is amended to read as follows:
  ``(n) Cost Recovery for Design Reviews.--
          ``(1) In general.--
                  ``(A) Review costs.--For any project described in 
                subparagraph (B), if the Secretary conducts facility 
                design safety reviews in connection with a proposal to 
                construct, expand, or operate a new gas or hazardous 
                liquid pipeline facility or liquefied natural gas 
                pipeline facility, including construction inspections 
                and oversight, the Secretary may require the person or 
                entity proposing the project to pay the costs incurred 
                by the Secretary relating to such reviews. If the 
                Secretary exercises the cost recovery authority 
                described in this section, the Secretary shall 
                prescribe a fee structure and assessment methodology 
                that is based on the costs of providing these reviews 
                and shall prescribe procedures to collect fees under 
                this section. The Secretary shall not collect design 
                safety review fees under this chapter and section 60301 
                for the same design safety review.
                  ``(B) Projects to which applicable.--Subparagraph (A) 
                applies to any project that--
                          ``(i) has design and construction costs 
                        totaling at least $1,000,000,000, as adjusted 
                        for inflation; or
                          ``(ii) uses new or novel technologies or 
                        design.
          ``(2) Notification.--For any new pipeline facility 
        construction project in which the Secretary will conduct design 
        reviews, the person or entity proposing the project shall 
        notify the Secretary and provide the design specifications, 
        construction plans and procedures, and related materials at 
        least 120 days prior to the commencement of construction. 
        Within 90 days of receiving such design specifications, 
        construction plans and procedures, the Secretary shall provide 
        written comments, feedback, and guidance on such project.
          ``(3) Deposit and use.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United States. 
        The Secretary shall deposit funds paid under this subsection 
        into the Fund. Funds deposited under this subsection are 
        authorized to be appropriated for the purposes set forth in 
        this chapter. Fees authorized under this subsection shall be 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations Acts.''.
  (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the meaning of the term ``new or novel technologies or design'' 
as used in section 60117(n) of title 49, United States Code, as amended 
by subsection (a) of this section.

SEC. 18. SPECIAL PERMITS.

  (a) In General.--Section 60118(c)(1) is amended to read as follows:
          ``(1) Issuance of waivers.--
                  ``(A) In general.--On application of an owner or 
                operator of a pipeline facility, the Secretary by order 
                may waive compliance with any part of an applicable 
                standard prescribed under this chapter with respect to 
                the facility on terms the Secretary considers 
                appropriate, if the Secretary finds that the waiver is 
                not inconsistent with pipeline facility safety.
                  ``(B) Considerations.--In determining whether to 
                grant a waiver, the Secretary shall consider--
                          ``(i) the applicant's compliance history;
                          ``(ii) the applicant's accident history; and
                          ``(iii) any additional factors the Secretary 
                        considers relevant.
                  ``(C) Effective period.--A waiver of one or more 
                pipeline facility operating requirements shall be 
                reviewed by the Secretary 5 years after its effective 
                date. In reviewing a waiver, the Secretary shall 
                consider any change in ownership or control of the 
                pipeline facility, any change in the conditions around 
                the pipeline facility, and other factors as 
                appropriate. The Secretary may modify, suspend, or 
                revoke a waiver after such review in accordance with 
                subparagraph (E).
                  ``(D) Public notice and hearing.--The Secretary may 
                act on a waiver under this subsection only after public 
                notice and an opportunity for a hearing, which may 
                consist of publication of notice in the Federal 
                Register that an application for a waiver has been 
                filed and providing the public with the opportunity to 
                review and comment on the application. If a waiver is 
                granted, the Secretary shall state in the order and 
                associated analysis the reasons for granting it.
                  ``(E) Noncompliance and modification, suspension, or 
                revocation.--After notice to a holder of a waiver and 
                opportunity to show cause, the Secretary may modify, 
                suspend, or revoke a waiver issued under this 
                subsection for failure to comply with its terms or 
                conditions, intervening changes in Federal law, a 
                material change in circumstances affecting safety, 
                including erroneous information in the application, or 
                any other reason. If necessary to avoid a significant 
                risk of harm to persons, property, or the environment, 
                the Secretary may waive the show cause procedure and 
                make the action immediately effective.''.
  (b) Regulations; Effective Date.--
          (1) Regulations.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall publish a rule, 
        after notice and an opportunity for comment, describing the 
        additional factors the Secretary considers relevant under 
        section 60118(c)(1)(B)(iii) of title 49, United States Code, as 
        amended by subsection (a) of this section.
          (2) Effective date.--The requirements for consideration under 
        section 60118(c)(1)(B) of title 49, United States Code, as 
        amended by subsection (a) of this section, shall not take 
        effect until the date on which the Secretary publishes a rule 
        under paragraph (1).

SEC. 19. BIOFUEL PIPELINES.

  Section 60101(a)(4) is amended--
          (1) by striking ``and'' after the semicolon in subparagraph 
        (A);
          (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
          (3) by inserting after subparagraph (A) the following:
                  ``(B) non-petroleum fuels, including biofuels, that 
                are flammable, toxic, or corrosive or would be harmful 
                to the environment if released in significant 
                quantities; and''.

SEC. 20. CARBON DIOXIDE PIPELINES.

  Section 60102(i) is amended--
          (1) by inserting ``(1)'' after ``Carbon Dioxide Regulation.--
        ''; and
          (2) by adding at the end the following new paragraph:
  ``(2) The Secretary shall prescribe minimum safety standards for the 
transportation of carbon dioxide by pipeline in a gaseous state. In 
establishing the standards, the Secretary shall consider whether 
applying the minimum safety standards in part 195 of title 49 of the 
Code of Federal Regulations, as in effect on the date of enactment of 
the Pipeline Infrastructure and Community Protection Act of 2011 for 
the transportation of carbon dioxide in a liquid state, to the 
transportation of carbon dioxide in a gaseous state would ensure 
safety. Nothing in this subsection authorizes the Secretary to regulate 
piping or equipment used in the production, extraction, recovery, 
lifting, stabilization, separation, or treating of carbon dioxide or 
its preparation for transportation by pipeline at production, refining, 
or manufacturing facilities.''.

SEC. 21. STUDY OF THE TRANSPORTATION OF DILUTED BITUMEN.

  Not later than 18 months after the date of enactment of this Act, the 
Secretary of Transportation shall complete a comprehensive review of 
hazardous liquid pipeline facility regulations to determine whether 
these regulations are sufficient to regulate pipeline facilities used 
for the transportation of diluted bitumen. In conducting this review, 
the Secretary shall conduct an analysis of whether any increase in risk 
of release exists for pipeline facilities transporting diluted bitumen. 
The Secretary shall report the results of this review to the Senate 
Committee on Commerce, Science, and Transportation, and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 22. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
                    PIPELINE.

  The Secretary of Transportation may conduct an analysis of the 
transportation of non-petroleum hazardous liquids by pipeline facility 
for the purpose of identifying the extent to which pipeline facilities 
are currently being used to transport non-petroleum hazardous liquids, 
such as chlorine, from chemical production facilities across land areas 
not owned by the producer that are accessible to the public. The 
analysis should identify the extent to which the safety of the pipeline 
facilities is unregulated by the States and evaluate whether the 
transportation of such chemicals by pipeline facility across areas 
accessible to the public would present significant risks to public 
safety, property, or the environment in the absence of regulation. The 
results of the analysis shall be made available to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce.

SEC. 23. CLARIFICATIONS.

  (a) Amendment of Procedures Clarification.--Section 60108(a)(1) is 
amended by striking ``an intrastate'' and inserting ``a''.
  (b) Owner and Operator Clarification.--Section 60102(a)(2)(A) is 
amended by striking ``owners and operators'' and inserting ``any or all 
of the owners or operators''.

SEC. 24. ADDITIONAL RESOURCES.

  (a) In General.--To the extent funds are appropriated, the Secretary 
of Transportation shall increase the personnel of the Pipeline and 
Hazardous Materials Safety Administration by a total of 39 full-time 
employees to carry out the pipeline safety program and the 
administration of that program, of which--
          (1) 9 employees shall be added in fiscal year 2011;
          (2) 10 employees shall be added in fiscal year 2012;
          (3) 10 employees shall be added in fiscal year 2013; and
          (4) 10 employees shall be added in fiscal year 2014.
  (b) Functions.--In increasing the number of employees under 
subsection (a), the Secretary shall hire employees--
          (1) to conduct inspections of pipeline facilities to 
        determine compliance with applicable regulations and standards;
          (2) to conduct data collection, analysis, and reporting;
          (3) to develop, implement, and update information technology;
          (4) to provide administrative, legal, and other support for 
        pipeline facility enforcement activities; and
          (5) to support the overall pipeline safety mission of the 
        Pipeline and Hazardous Materials Safety Administration, 
        including training of pipeline enforcement personnel.

SEC. 25. MAINTENANCE OF EFFORT.

  Section 60107(b) is amended by adding at the end the following: ``The 
Secretary may grant such a waiver if a State can demonstrate an 
inability to maintain or increase the required funding share of its 
pipeline safety program at or above the level required by this section 
due to economic hardship in that State.''.

SEC. 26. ADMINISTRATIVE ENFORCEMENT PROCESS.

  (a) Issuance of Regulations.--
          (1) In general.--Not later than two years after the date of 
        enactment of this Act, the Secretary shall prescribe 
        regulations--
                  (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 to be convened before a presiding 
                official;
                  (B) providing the opportunity for any person 
                requesting a hearing under section 60112, 60117, 60118, 
                or 60122 to arrange for a transcript of that hearing, 
                at the expense of the requesting person;
                  (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e); and
                  (D) implementing a separation of functions between 
                personnel involved with investigative and prosecutorial 
                activities and advising the Secretary on findings and 
                determinations.
          (2) Presiding official.--The regulations prescribed under 
        this subsection shall--
                  (A) define the term ``presiding official'' to mean 
                the person who conducts any hearing relating to civil 
                penalty assessments, compliance orders, safety orders, 
                or corrective action orders; and
                  (B) require that the presiding official must be an 
                attorney on the staff of the Deputy Chief Counsel that 
                is not engaged in investigative or prosecutorial 
                functions, including the preparation of notices of 
                probable violations, orders relating to civil penalty 
                assessments, compliance orders, or corrective action 
                orders.
          (3) Expedited review.--The regulations prescribed under this 
        subsection shall define the term ``expedited review'' for the 
        purposes of paragraph (1)(C).
  (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
  ``(3) All judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

  (a) Establishment of Records.--
          (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        require pipeline facility operators to conduct a verification 
        of records for all interstate and intrastate gas transmission 
        lines in high consequence areas (as described in section 
        60109(a) of title 49, United States Code) constructed before 
        July 1, 1970, that accurately reflect the pipeline's physical 
        and operational characteristics and confirm the established 
        maximum allowable operating pressure of those pipelines.
          (2) Elements.--Verification of each record under paragraph 
        (1) shall include such elements as the Secretary considers 
        appropriate.
  (b) Reporting.--
          (1) Documentation of certain pipelines.--Not later than 18 
        months after the date of enactment of this Act, pipeline 
        facility operators shall submit to the Secretary documentation 
        of all interstate and intrastate gas transmission pipelines in 
        high consequence areas (as described in section 60109(a) of 
        title 49, United States Code) constructed before the July 1, 
        1970, where the records required under subsection (a) are not 
        sufficient to confirm the established maximum allowable 
        operating pressure of those pipelines.
          (2) Exceedences of maximum allowable operating pressure.--All 
        pipeline facility operators shall report any exceedence of the 
        maximum allowable operating pressure for gas transmission 
        pipelines that exceed the build-up allowed for operation of 
        pressure-limiting or control devices to the Secretary not later 
        than 5 working days after the exceedence occurs. Notice of 
        exceedence by intrastate gas transmission pipelines shall be 
        provided concurrently to appropriate State authorities.
  (c) Determination of Maximum Allowable Operating Pressure.--
          (1) In general.--For any transmission line reported in 
        subsection (b), the Secretary shall require the operator of the 
        transmission line to reconfirm a maximum allowable operational 
        pressure as expeditiously as economically feasible.
          (2) Interim actions.--For cases described in paragraph (1), 
        the Secretary shall determine what actions are appropriate for 
        a pipeline facility operator to take to maintain safety until a 
        maximum allowable operating pressure is confirmed. In 
        determining what actions an operator should take, the Secretary 
        shall take into account consequences to public safety and the 
        environment, impacts on pipeline facility system reliability 
        and deliverability, and other factors, as appropriate.

SEC. 28. COVER OVER BURIED PIPELINE.

  (a) Amendment.-- Chapter 601 is amended by adding at the end the 
following:

``Sec. 60141. Cover over buried pipeline

  ``Not later than 1 year after the date of enactment of the Pipeline 
Infrastructure and Community Protection Act of 2011, the Secretary 
shall complete an evaluation to determine whether or not current 
regulations regarding cover over buried pipeline at crossings of inland 
bodies of water with a width of at least 100 feet from high water mark 
to high water mark are sufficient to prevent a release of hazardous 
liquid. If, based on the evaluation, the Secretary determines that such 
current regulations are insufficient to provide adequate protection 
against the risk of a release of a hazardous liquid to the extent 
provided for under section 60102, not later than 2 years after the 
completion of the evaluation, the Secretary shall by regulation, after 
notice and an opportunity for a hearing, ensure the adequacy of cover 
over buried pipelines at crossings of inland bodies of water with a 
width of at least 100 feet from high water mark to high water mark by 
addressing cover over such buried pipelines or requiring equivalent 
protection.''.
  (b) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60140 the 
following:

``60141. Cover over buried pipeline.''.

SEC. 29. ONSHORE GATHERING LINES.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall conduct a review of all onshore gas and hazardous 
liquid gathering lines not regulated under title 49, United States 
Code, and submit a report based on such review to the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure and 
Committee on Energy and Commerce containing the Secretary's 
recommendations with respect to--
          (1) the sufficiency of existing Federal and State laws and 
        regulations to ensure pipeline safety;
          (2) the economical and technical practicability of applying 
        existing regulations to currently unregulated onshore gathering 
        lines; and
          (3) subject to a risk-based assessment, the modification or 
        revocation of existing statutory or regulatory exemptions.

SEC. 30. NATURAL GAS PIPELINE LEAK DETECTION REPORT.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall submit to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure and Committee on Energy 
and Commerce a report on the technologies available for detecting leaks 
from natural gas pipelines. The report shall include an analysis of the 
effectiveness, benefits, costs, and feasibility of adoption of 
available technologies, as well as the utility of the data generated by 
such available technologies for enhancing safety, and what can be done 
to foster development of additional technologies.

SEC. 31. REPORT ON MINORITY OR WOMAN-OWNED OR DISADVANTAGED BUSINESSES.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall, based upon available information, 
submit to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure and Committee on Energy and Commerce a report on--
          (1) the number of minority-business enterprises, woman-
        business enterprises, and disadvantaged-business enterprises 
        that have been granted permits to build or operate pipeline 
        facilities; and
          (2) the extent to which pipeline facility operators utilize 
        the services of companies that are minority-business 
        enterprises, woman-business enterprises, or disadvantaged-
        business enterprises.

SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

  (a) Gas and Hazardous Liquid.--
          (1) Section 60125(a)(1) is amended by striking subparagraphs 
        (A) through (D) and inserting the following:
                  ``(A) For fiscal year 2011, $92,206,000, of which 
                $9,200,000 is for carrying out such section 12 and 
                $36,958,000 is for making grants.
                  ``(B) For fiscal year 2012, $96,144,000, of which 
                $9,600,000 for carrying out such section 12 and 
                $39,611,000 is for making grants.
                  ``(C) For fiscal year 2013, $99,876,000, of which 
                $9,900,000 is for carrying out such section 12 and 
                $41,148,000 is for making grants.
                  ``(D) For fiscal year 2014, $102,807,000, of which 
                $10,200,000 is for carrying out such section 12 and 
                $42,356,000 is for making grants.''.
          (2) Section 60125(a)(2) is amended by striking subparagraphs 
        (A) through (D) and inserting the following:
                  ``(A) For fiscal year 2011, $18,905,000, of which 
                $7,562,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants.
                  ``(B) For fiscal year 2012, $19,661,000, of which 
                $7,864,000 is for carrying out such section 12 and 
                $7,864,000 is for making grants.
                  ``(C) For fiscal year 2013, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants.
                  ``(D) For fiscal year 2014, $20,000,000, of which 
                $8,000,000 is for carrying out such section 12 and 
                $8,000,000 is for making grants.''.
  (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2011 through 2014''.
  (c) One-call Notification Programs.--Section 6107 is amended--
          (1) by striking ``2007 through 2010.'' in subsection (a) and 
        inserting ``2011 through 2014.'';
          (2) by striking ``2007 through 2010.'' in subsection (b) and 
        inserting ``2011 through 2014.''; and
          (3) by striking subsection (c).
  (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
  ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to provide grants under this section 
$2,000,000 for each of fiscal years 2011 through 2014. The funds shall 
remain available until expended.''.
  (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
          (1) by striking ``$50,000'' in subsection (a)(1) and 
        inserting ``$100,000'';
          (2) by inserting ``, for direct advocacy for or against a 
        pipeline,'' after ``for lobbying'' in subsection (b); and
          (3) by striking ``$1,000,000 for each of the fiscal years 
        2003 through 2010. Such amounts shall not be derived from user 
        fees collected under section 60301.'' in subsection (d) and 
        inserting ``$2,000,000 for each of the fiscal years 2011 
        through 2014.''.
  (f) Pipeline Transportation Research and Development.--Section 12 of 
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is 
amended--
          (1) by adding at the end of subsection (d) the following:
          ``(3) Ongoing pipeline transportation research and 
        development.--After the initial 5-year program plan has been 
        carried out by the participating agencies, the Secretary of 
        Transportation shall prepare a research and development program 
        plan every 5 years thereafter and shall transmit a report to 
        Congress on the status and results-to-date of implementation of 
        the program each year that funds are appropriated for carrying 
        out the plan.''; and
          (2) by striking ``2003 through 2006.'' in subsection (f) and 
        inserting ``2011 through 2014.''.

                          Purpose and Summary

    H.R. 2937, the ``Pipeline Infrastructure and Community 
Protection Act of 2011,'' was introduced by Rep. Fred Upton 
(for himself and Rep. John Dingell) on September 15, 2011. The 
legislation provides for enhanced safety and environmental 
protection in pipeline transportation by directing the 
Secretary of Transportation to enforce numerous requirements 
for pipeline operators and perform several studies on pipeline 
safety standards and technology. Additionally, the bill 
reauthorizes pipeline safety programs administered by the 
Department of Transportation through fiscal year 2014.

                  Background and Need for Legislation

    Over 2.5 million miles of pipelines transport oil, natural 
gas, transportation fuel, and other volatile or flammable 
material across the United States. While pipelines have been 
the safest and most efficient manner of transporting and 
delivering vital energy supplies to power plants, refineries, 
industrial facilities, and homes, a series of recent pipeline 
failures have led to catastrophic results. These accidents 
demonstrate the need to examine, update, and strengthen Federal 
pipeline safety laws and regulations.
    The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) of the U.S. Department of Transportation (DOT) is the 
lead Federal agency charged with setting and enforcing safety 
standards and requirements for the nation's network of 
hazardous liquid and natural gas pipelines. PHMSA's statutory 
authority is derived from Title 49, Chapter 601 of the United 
States Code.
    Congress's last reauthorization--the Pipeline Inspection, 
Protection, Enforcement, and Safety (PIPES) Act of 2006--
enacted several major improvements to pipeline safety laws. The 
now-widespread and highly successful 811 ``Call-Before-You-
Dig'' program was established in PIPES 2006. Before PIPES 2006, 
the Pipeline Safety Improvement Act of 2002 established 
integrity management principles for pipeline operators--a 
landmark set of regulations that vastly improved the 
effectiveness and efficiency of pipeline inspection practices.
    Despite these achievements, a series of high-profile 
pipeline accidents occurred in 2010 and 2011. On July 26, 2010, 
a large oil pipeline ruptured in Marshall, Michigan, and 
spilled over 20,000 barrels of oil into Talmadge Creek, a 
tributary of the Kalamazoo River. On September 9, 2010, a 
natural gas pipeline exploded in a suburban neighborhood in San 
Bruno, California, killing eight residents and destroying 
dozens of homes. On February 9, 2011, a natural gas pipeline in 
Allentown, Pennsylvania, exploded and killed five people. And 
on July 1, 2011, a pipeline buried underneath the Yellowstone 
River in Montana ruptured and spilled over 1,000 barrels of 
crude oil into the nation's longest undammed waterway.
    Many of these accidents exposed regulatory gaps, which the 
Committee has the opportunity to correct. In the case of the 
Marshall, Michigan, incident, the pipeline's operator lacked 
the capability to confirm the presence of a leak for some 12 
hours. It then took nearly two hours for the operator to inform 
the National Response Center of the spill. In San Bruno, 
California, a substantial lack of technical data on the 
ruptured pipeline led to it operating at pressure levels beyond 
what it could safely manage. After the explosion occurred, a 
fireball raged for 95 minutes before the operator was able to 
shut down the line. The Pipeline Infrastructure and Community 
Protection Act is designed to prevent such incidents in the 
future and minimize their impact by addressing current 
statutory and regulatory shortcomings.

                                Hearings

    The Subcommittee on Energy and Power held two days of 
hearings on pipeline safety in the 112th Congress as part of 
the ``American Energy Initiative'' series. On the first day of 
hearings, June 16, 2011, Members received testimony on the 
current status of pipeline safety. The Subcommittee took 
testimony from the Honorable Cynthia L. Quarterman, 
Administrator of the Pipeline and Hazardous Material Safety 
Administration, U.S. Department of Transportation; Andrew J. 
Black, President, Association of Oil Pipe Lines (and on behalf 
of the American Petroleum Institute); Christopher A. Helms, 
Executive Vice President and Group CEO, NiSource Gas 
Transmission and Storage (on behalf of the Interstate Natural 
Gas Association of America); Carl Weimer, Executive Director, 
Pipeline Safety Trust; Charles F. Dippo, Vice President of 
Engineering Services & System Integrity, South Jersey Gas 
Company (on behalf of the American Gas Association); and 
Anthony Swift, Energy Analyst, International Programs, Natural 
Resources Defense Council.
    On the second day of hearings, on July 15, 2011, which 
focused on the Discussion Draft of the Pipeline Infrastructure 
and Community Protection Act, testimony was received from the 
Honorable Cynthia L. Quarterman, Administrator of the Pipeline 
and Hazardous Material Safety Administration, U.S. Department 
of Transportation; Randall S. Knepper, Director, Safety 
Division, New Hampshire Public Utilities Commission (on behalf 
of the National Association of Pipeline Safety 
Representatives); Andrew J. Black, President, Association of 
Oil Pipe Lines (and on behalf of the American Petroleum 
Institute); Daniel B. Martin, Senior Vice President, Pipeline 
Safety, El Paso Pipeline Group (on behalf of the Interstate 
Natural Gas Association of America); Rick Kessler, Executive 
Director, Pipeline Safety Trust; Charles F. Dippo, Vice 
President of Engineering Services & System Integrity, South 
Jersey Gas Company (on behalf of the American Gas Association); 
and Gary Pruessing, President, ExxonMobil Pipeline Company.

                        Committee Consideration

    On July 27, 2011, the Subcommittee on Energy and Power of 
the Committee on Energy and Commerce met in open markup session 
and ordered a Discussion Draft of H.R. __, the Pipeline 
Infrastructure and Community Protection Act of 2011 favorably 
reported to the Full Committee, as amended, by a voice vote, a 
quorum being present. On September 21, 2011, the Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
2937 favorably reported to the House, as amended, by a voice 
vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Upton to order H.R. 2937, reported to the House, 
as amended, was agreed to by a record vote of 51 Yeas and 0 
Nays. The following reflects the recorded votes taken during 
the Committee consideration, including the names of those 
Members voting for and against.


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

         Statement of General Performance Goals and Objectives

    H.R. 2937 provides for enhanced safety and environmental 
protection in pipeline transportation.

            New Budget Authority, Entitlement Authority and 
                            Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the committee finds that H.R. 
2937, the Pipeline Infrastructure and Community Protection Act 
of 2011 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues

                                Earmarks

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI, 
the committee finds that H.R. 2937, the Pipeline Infrastructure 
and Community Protection Act of 2011, contains no earmarks, 
limited tax benefits, or limited tariff benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                                  October 21, 2011.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2937, the Pipeline 
Infrastructure and Community Protection Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2937--Pipeline Infrastructure and Community Protection Act of 2011

    Summary: The Pipeline and Hazardous Materials Safety 
Administration (PHMSA) oversees the safety of pipelines that 
transport gas or hazardous liquids and provides grants to 
states for programs to ensure pipeline safety. For those 
activities, CBO estimates that H.R. 2937 would authorize gross 
appropriations of $433 million over the 2012-2016 period. CBO 
expects that about $355 million of those amounts would be 
offset by fees paid by pipeline operators over that period. In 
addition, subject to provisions in appropriation acts, CBO 
estimates that the bill would authorize PHMSA to collect and 
spend about $20 million over the 2012-2016 period to recover 
its costs of conducting safety reviews of certain large 
pipeline projects. Altogether, CBO estimates that implementing 
H.R. 2937 would have a net cost of $47 million over the 2012-
2016 period, assuming appropriation of the necessary amounts.
    H.R. 2937 would increase certain civil penalties for 
violating pipeline safety regulations. Civil penalties are 
recorded in the budget as revenues and deposited in the general 
fund of the Treasury. However, CBO estimates that any increase 
in civil penalties would be small and would have no significant 
effect on the federal budget. Pay-as-you-go procedures apply 
because enacting the legislation could affect revenues. 
Enacting the bill would not affect direct spending.
    H.R. 2937 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new requirements on both public and 
private operators of natural gas pipelines. The bill would 
impose additional private-sector mandates on operators of 
hazardous liquid pipelines. Because of the relatively small 
number of public entities affected, CBO estimates that the 
aggregate cost of intergovernmental mandates in the bill would 
fall below the annual threshold established in UMRA ($71 
million in 2011, adjusted annually for inflation). Based on 
information from PHMSA and industry sources, CBO estimates that 
the aggregate cost of the private-sector mandates would exceed 
the annual threshold established in UMRA ($142 million in 2011, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2937 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending for Pipeline Safety:
    Estimated Authorization Level.......................      134      143      146        5        5       433
    Estimated Outlays...................................       66      120      138       75       23       422
Offsetting Collections from User Fees and Pipeline
 Design Review:
    Estimated Authorization Level.......................     -114     -124     -127       -5       -5      -375
    Estimated Outlays...................................     -114     -124     -127       -5       -5      -375
Estimated Net Spending:
    Estimated Authorization Level.......................       20       19       19        0        0        58
    Estimated Outlays...................................      -48       -4       11       70       18        47
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2937 will be enacted near the start of fiscal year 2012 and 
that the specified and necessary amounts will be appropriated 
each year. Estimates of spending are based on historical 
spending patterns for pipeline safety programs.

Spending Subject to Appropriation

    Spending for Pipeline Safety. H.R. 2937 would reauthorize 
the laws that govern PHMSA's role in pipeline safety. The bill 
would authorize the appropriation of $433 million, CBO 
estimates, for PHMSA's pipeline safety activities over the 
2012-2016 period. (In 2011, PHMSA's gross appropriation for 
pipeline safety was $106 million.) H.R. 2937 would authorize 
PHMSA to hire 39 new employees to analyze and inspect pipelines 
over the 2012-2014 period. The bill also would require PHMSA to 
complete a number of studies, update certain industry 
standards, and issue new regulations on pipeline safety more 
quickly than under current law. CBO estimates that implementing 
those provisions would cost $422 million over the 2012-2016 
period, assuming appropriation of the specified and necessary 
amounts. However, CBO expects that about 85 percent of those 
costs would be recovered by PHMSA via user fees. CBO also 
expects that most of the remaining spending would be 
appropriated from fees deposited into the Oil Spill Liability 
Trust Fund.
    Offsetting Collections for User Fees and Pipeline Design 
Reviews. Under provisions of the bill, CBO estimates that PHMSA 
would collect $375 million in user fees over the 2012-2016 
period. Those amounts include user fees authorized under 
current law and are based on the appropriated level of funding 
as well as new fees for PHMSA activities related to reviewing 
construction designs for pipeline projects estimated to cost 
more than $1 billion. Based on information from PHMSA, CBO 
estimates that costs and fees related to such designs would 
total about $5 million per year.

Revenues

    H.R. 2937 would increase the maximum penalties PHMSA may 
impose for certain violations of safety regulations that cause 
serious environmental damage or result in serious injuries or 
death. The bill also would permit new penalties to be imposed 
for obstructing inspections or investigations by PHMSA. Based 
on PHMSA's past penalty collections, CBO estimates that those 
provisions would result in increased revenue of less than 
$500,000 over the 2012-2021 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 2937 would have a 
negligible effect on revenues.
    Intergovernmental and private sector impact: H.R. 2937 
would impose mandates on public and private entities that 
operate natural gas pipelines and additional private-sector 
mandates on operators of hazardous liquid pipelines. Because of 
the relatively small number of public entities affected, CBO 
estimates that the aggregate cost of intergovernmental mandates 
in the bill would fall below the annual threshold established 
in UMRA ($71 million in 2011, adjusted annually for inflation); 
we estimate that the aggregate cost of the private-sector 
mandates in the bill would exceed the annual threshold 
established in UMRA ($142 million in 2011, adjusted annually 
for inflation).

Mandates that apply to both public and private entities

    Operating Pressure. The bill would require operators of 
transmission pipelines for natural gas that were constructed 
before July 1, 1970, and in areas at risk of significant damage 
from spills to confirm safe operating pressures for pipelines. 
The mandate would require such operators to ensure they have 
accurate records, test pipelines for which records are not 
sufficient, and report when pressure exceeds acceptable limits. 
According to PHMSA, about 24,000 to 30,000 miles of 
transmission pipelines are in affected areas. Published 
estimates indicate that the cost of testing pipelines could 
range from $150,000 to $500,000 per mile; according to industry 
sources, approximately 20 percent of pipelines in areas at risk 
of significant damage from spills might require testing. Based 
on that information, CBO expects that compliance costs to 
pipeline operators in the private sector could total hundreds 
of millions of dollars. Most of those costs would be incurred 
in the first few years the mandate is in effect. Because public 
entities operate a relatively small fraction of transmission 
pipelines for natural gas, CBO estimates the cost to state and 
local governments would total less than $20 million annually in 
the first few years after the mandate takes effect.
    Integrity Management. H.R. 2937 would extend existing 
planning, testing, and safety requirements to additional 
pipelines. CBO cannot determine the costs of the mandates for 
private-sector entities because they would depend on future 
regulations. However, based on information from PHMSA and 
industry sources about the cost to comply with existing 
standards, the cost of imposing such standards on additional 
pipelines could be significant. Because of the relatively small 
number of public entities affected, CBO estimates that the cost 
to state and local governments would be small.
    Shut-Off Valves. The bill would impose a mandate on 
operators of transmission pipelines by requiring them to 
install shut-off valves in new or entirely replaced 
transmission pipelines. According to industry sources, such 
valves currently cost $100,000 to $500,000 each depending on 
the size of the pipeline. The number of valves to be installed 
would depend on the spacing required between valves and areas 
where operators would have to install them. Because such 
requirements would be developed as part of future regulations, 
CBO has no basis for determining the cost of the mandate to 
private-sector entities. Because of the relatively small number 
of public entities affected, CBO estimates the cost to state 
and local governments would be small.
    Fees. The bill would authorize PHMSA to collect new fees on 
construction projects that are large or use new technology. The 
bill also would increase existing user fees that pipeline 
operators submit to PHMSA. Based on information from PHMSA, CBO 
estimates that the additional fees to pipeline operators over 
the 2012-2014 period would average $31 million annually for 
private-sector entities and less than $1 million annually for 
state and local governments.
    Reporting Requirements. The bill would require pipeline 
operators to report additional information to PHMSA and provide 
information on the management and replacement of cast iron 
pipelines for natural gas. Industry sources indicate that the 
cost of those mandates to private entities would amount to tens 
of millions of dollars annually. Based on information from 
industry sources, CBO estimates that the cost of those mandates 
to publicly owned pipeline operators could be significant 
because many such operators are small and lack resources to 
comply with the new reporting requirements. However, CBO 
estimates the costs to state and local governments would total 
less than $15 million annually.
    Excess Flow Valves. H.R. 2937 would require operators of 
distribution pipelines for natural gas to install valves 
designed to prevent natural gas leaks in areas to be determined 
by PHMSA. According to industry sources, each valve would add 
about $30 to the cost of installation and approximately 200,000 
installations per year could require such valves. CBO estimates 
that the cost of the mandate to public and private entities 
would be small.
    Notification Requirements. The bill would require pipeline 
operators to notify state and local governments and emergency 
responders of accidents or incidents within specified time 
limits. CBO estimates that the cost of the mandate to public 
and private entities would be minimal.

Mandates that apply to private entities only

    Leak Detection. The bill would impose a mandate by 
requiring the operators of hazardous liquid pipelines, such as 
oil pipelines, to use leak detection technologies where 
feasible. Under the bill, PHMSA would designate pipelines from 
a total of 176,000 miles. In addition, the bill could impose a 
mandate on operators of pipelines that transmit hazardous 
liquids across inland bodies of water at least 100 feet wide by 
authorizing PHMSA to issue regulations to ensure protection 
against leaks. Because the cost of those mandates would depend 
on future PHMSA regulations, CBO has no basis for determining 
the cost of this mandate.
    Reporting Data on Oil Flow Lines. H.R. 2937 could impose a 
mandate on pipeline operators that transport oil by allowing 
PHMSA to collect additional geospatial, technical, or other 
data on oil flow lines. Because CBO does not know what 
information PHMSA would require operators to report, we have no 
basis for determining the cost of the mandate.
    Safety Standards for Offshore Gathering Pipelines. H.R. 
2937 would impose a mandate by requiring operators of pipelines 
used to gather hazardous liquids to follow additional safety 
requirements. According to industry sources, the mandate would 
apply to about 5,000 miles of pipeline. Because the cost of the 
mandate would depend on future PHMSA regulations, CBO has no 
basis for determining the cost of the mandate.
    Other Requirements. The bill would impose several other new 
requirements on pipeline operators. Specifically, the bill 
would impose additional safety requirements on pipelines 
transporting biofuels; require PHMSA to regularly review 
waivers on safety requirements it provides to pipeline 
operators; and impose minimum safety standards for pipelines 
transporting carbon dioxide in a gaseous state. Based on 
information from industry sources and PHMSA, CBO estimates that 
the cost of each of those mandates would fall well below the 
annual threshold established in UMRA.
    Previous CBO estimates: On June 9, 2011, CBO transmitted a 
cost estimate for S. 275, the Pipeline Transportation Safety 
Improvement Act of 2011, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on May 5, 
2011. On September 27, 2011, we transmitted a cost estimate for 
H.R. 2845, the Pipeline Safety, Regulatory Certainty, and Job 
Creation Act of 2011, as ordered reported by the House 
Committee on Transportation and Infrastructure on September 8, 
2011. The CBO cost estimates reflect the different amounts that 
the bills would authorize to be appropriated for PHMSA 
activities.
    Estimate prepared by: Federal spending: Sarah Puro; Federal 
revenues: Kalyani Parthasarathy; Impact on state, local, and 
tribal governments: Ryan Miller; Impact on the private sector: 
Amy Petz and Vi Nguyen.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Section-by-Section Analysis of Legislation


Section 1--Short title

    Section 1 provides the short title of ``Pipeline 
Infrastructure and Community Protection Act of 2011.''

Section 2--Civil penalties

    Section 2(a) amends section 60122 by eliminating the 
``ability to pay'' from the Secretary of Transportation's 
penalty considerations. Civil penalties for ``major consequence 
violations'' are increased from $100,000 per violation to 
$250,000 per violation, with the maximum for a series of 
violations to increase from $1,000,000 to $2,500,000. Finally, 
a ``major consequence violation'' is defined as an incident 
resulting in one or more deaths, one or more injuries requiring 
in-patient hospitalization, or environmental harm and property 
damage exceeding $250,000.

Section 3--Pipeline damage prevention

    State-administered one-call notification (811 ``call-
before-you-dig'') programs must be certified by PHMSA under 
section 6013(a). These programs must meet minimum standards to 
be eligible for federal grant funding. Section 3 revises these 
standards to expressly prohibit State programs from providing 
exemptions for municipalities, State agencies, or their 
contractors. Additionally, PHMSA is directed to conduct an 
extensive study of third-party damage to pipelines and the role 
of one-call exemptions in pipeline incidents.

Section 4--Offshore gathering lines

    Certain gathering lines--pipelines that transfer oil or gas 
from a well to a processing facility--are unregulated by PHMSA. 
Section 4 adds a new paragraph to section 60108(c) which 
enables PHMSA to issue regulations for offshore gathering 
lines. The regulations will not apply to production and flow 
lines.

Section 5--Automatic and remote-controlled shut-off valves

    Section 5 amends section 60102 by directing PHMSA to issue 
regulations requiring the use of remote or automatic shut-off 
valves in newly-constructed transmission lines where 
``economically, technically, and operationally feasible.'' 
Additionally, PHMSA is required to complete an evaluation of 
pipeline operators' ability to respond to a release in existing 
lines as well as the feasibility of retrofitting lines with 
automatic and remote-controlled shut-off valves.

Section 6--Excess flow valves

    Section 6 amends section 60109(c)(3) by directing PHMSA to 
issue regulations requiring the use of excess flow valves in 
newly-constructed gas distribution branch services, multi-
family facilities, and small commercial facilities where 
``economically, technically, and operationally feasible.'' This 
section expands current law which only requires excess flow 
valves for new single-family residences (after June 2008).

Section 7--Integrity management

    Section 7 amends section 60109 by instructing the Secretary 
of Transportation to issue rules which expand integrity 
management requirements and remove redundant class location 
requirements on pipeline segments that employ integrity 
management requirements. PHMSA is also instructed to report to 
Congress regarding the results of the evaluation leading to the 
required rulemaking.

Section 8--Public education and awareness

    Section 8 adds a new section 60138 that requires PHMSA to 
make public a summary of all inspections and their results on a 
monthly basis. PHMSA must also produce a publicly available map 
of all high consequence areas as well as a summary of pipeline 
operators' emergency response plans. Information on these 
inspections and maps will exclude proprietary and security-
sensitive information.

Section 9--Cast iron pipelines

    Section 9 directs PHMSA to continue with operator surveys 
on cast iron pipeline replacement mandated in the Pipeline 
Inspection, Protection, Enforcement, and Safety Act of 2006. 
Additionally, this survey will continue to be updated every two 
years.

Section 10--Hazardous liquid pipeline leak detection

    Section 10 requires PHMSA to study the technical limits of 
current leak detection systems and what can be done to develop 
improved technologies. Subsequently, PHMSA shall issue 
regulations requiring liquid pipeline operators to use leak 
detection technologies and establishing technically, 
operationally, and economically feasible standards for the 
capability of such systems to detect leaks.

Section 11--Incident notification

    Section 11 requires PHMSA to evaluate and revise incident 
notification procedures between the National Response Center 
(NRC) and State and local emergency response officials. 
Additionally, this section adds a new section 60139, which 
directs PHMSA to issue regulations requiring operators to 
notify the NRC of an incident within one hour of confirmed 
discovery of an incident. For natural gas and hazardous liquid 
pipelines, the Committee suggests the one-hour time limit for 
incident notification should commence when the pipeline system 
operator determines an abnormal operating condition exists. 
Upon notification, the operator must characterize the release 
as small, medium, large, or very large. The operator shall 
revise its release estimate at a later point to a more precise, 
numerical figure. As part of the rulemaking, PHMSA must include 
a definition of what constitutes the point of discovery and 
what estimated volumes could be characterized as small, medium, 
large, and very large.

Section 12--Transportation-related onshore facility response plan 
        compliance

    Section 12 expands PHMSA's jurisdiction to the monitoring 
and enforcement of oil spill response plans by amending section 
311(m)(2) of the Federal Water Pollution Control Act. 
Currently, the Environmental Protection Agency (EPA) and the 
Department of Homeland Security (DHS) share authority in this 
task.

Section 13--Pipeline infrastructure data collection

    Section 13 amends section 60132(a) by allowing PHMSA to 
collect additional geospatial and technical data required for 
the maintenance of the National Pipeline Mapping System. Such 
data shall include the depth of buried pipelines at the time of 
their installation.

Section 14--International cooperation and consultation

    Section 14 amends section 60117 by allowing PHMSA to engage 
in informational exchange and consultation activities among 
international organizations and regulatory bodies.

Section 15--Transportation-related oil flow lines

    Section 15 amends section 60102 to allow PHMSA to collect 
data on transportation-related oil flow lines, but does not 
authorize PHMSA to prescribe standards on such lines.

Section 16--Alaska project coordination

    Section 16 adds a new section 60140 which authorizes PHMSA 
to provide technical assistance to the State of Alaska for the 
construction of the future Alaska Natural Gas Pipeline.

Section 17--Cost recovery for design reviews

    Section 17 amends section 60117(n) by allowing PHMSA to 
recover design review costs through new user fee authorities 
for new pipeline projects with costs exceeding $1 billion or 
that use ``new or novel technologies or design.'' Operators are 
directed to provide PHMSA with relevant design plans and data 
at least 120 days prior to groundbreaking, and PHMSA is 
directed to provide feedback within 90 days of receiving the 
plans. PHMSA is also directed to issue guidance on the 
definition of ``new or novel technologies or design.'' Design 
review funding can only be made available through 
appropriations acts.

Section 18--Special permits

    Section 18 amends section 60118(c)(1) by allowing PHMSA to 
consider an operator's compliance and accident history as well 
as ``any additional factors considered relevant'' when 
considering granting or extending a special permit, which 
waives certain safety, maintenance, and inspection standards 
for pipeline operators The additional factors will be 
determined through rulemaking. The section requires PHMSA to 
review a waiver five years after its effective date. The 
section also grants PHMSA the authority to modify, suspend, or 
revoke a special permit in light of an operator's failure to 
comply with its conditions, changes in pipeline safety or 
Federal law, or in an immediate effort to avoid significant 
risk to safety.

Section 19--Biofuel pipelines

    Section 19 clarifies that all biofuels transported by 
pipeline are subject to PHMSA regulations by amending section 
60101(a)(4).

Section 20--Carbon dioxide pipelines

    Section 20 amends section 60102(i) by specifying that the 
Secretary shall prescribe minimum safety standards for carbon 
dioxide pipelines transporting carbon dioxide in a gaseous 
state. Additionally, if the Secretary deems it appropriate to 
ensure safety, PHMSA may apply existing liquid pipeline 
regulations to gaseous carbon dioxide pipelines.

Section 21--Study of the transportation of diluted bitumen

    Section 21 directs PHMSA to conduct a comprehensive review 
of liquid pipeline regulations and determine whether these 
regulations are sufficient to regulate pipelines that transport 
diluted bitumen. The results of the review shall be reported to 
Congress within 18 months.

Section 22--Study of non-petroleum hazardous liquids transported By 
        pipeline

    Section 22 authorizes a study on the extent to which 
pipelines are currently being used to transport non-petroleum 
hazardous liquids (e.g., chlorine) and if such pipelines 
present significant safety risks. Currently anhydrous ammonia 
and liquid CO2 pipelines are the only non-petroleum 
hazardous liquid lines that are regulated by PHMSA.

Section 23--Clarifications

    Section 23 amends section 60108(a)(1) to clarify that 
PHMSA's authority to require operators to amend operating plans 
and procedures is not limited to intrastate pipeline 
facilities. It also clarifies that PHMSA's authority for 
purposes of enforcement is not limited to an entity that is 
both the owner and operator of a pipeline.

Section 24--Additional resources

    Section 24 authorizes PHSMA to hire 39 additional employees 
between 2011 and 2014 to carry out pipeline safety programs.

Section 25--Maintenance of effort

    Currently, section 60107(b) authorizes PHMSA to withhold 
funding if it is determined that an entity or ``agency is not 
carrying out satisfactorily a safety program or not acting 
satisfactorily as an agent.'' Section 25 amends section 
60107(b) to clarify that PHMSA may take into account a State's 
economic hardship when deciding whether to waive pipeline 
safety program funding requirements for that state.

Section 26--Administrative enforcement process

    Section 26 directs PHMSA to prescribe regulations that 
require hearings on corrective action orders, accident reports, 
special permit reviews, and civil penalties. It also requires 
separation of personnel involved with advising the Secretary, 
investigation, and prosecution.

Section 27--Maximum allowable operating pressure (MAOP)

    Section 27 requires gas pipeline operators, within 18 
months, to confirm the established maximum allowable operating 
pressure of pipelines in high consequence areas constructed 
prior to 1970 MAOP regulations. Operators will have to submit 
data within 18 months for segments that cannot confirm MAOP and 
must report exceedences of MAOP within 5 working days. In 
determining what operators can do on an interim basis if MAOP 
cannot be confirmed, PHMSA ``shall take into account 
consequences to public safety and the environment, impacts on 
pipeline system reliability and deliverability, and other 
factors, as appropriate.''

Section 28--Cover over buried pipeline

    Section 28 adds a new section 60141 which requires PHMSA to 
review current regulations of pipelines buried under waterways 
to determine if such regulations are sufficient to prevent a 
release of hazardous liquid. As part of the evaluation, the 
Committee anticipates that PHMSA may examine whether current 
regulations should account for the flow rate and the magnitude 
and frequency of 100-year and 500-year flood levels of such 
waterways. If such regulations are found to be inadequate, 
PHMSA may prescribe new regulations addressing buried 
pipelines.

Section 29--Onshore gathering lines

    Section 29 requires PHMSA to complete a review of all 
onshore gathering line exemptions and report to Congress on 
whether current laws and regulations are sufficient to ensure 
safety, whether new regulations are technically and 
economically practicable, and how PHMSA would propose modifying 
or revoking current exemptions.

Section 30--Gas pipeline leak detection study

    Section 30 directs PHMSA to evaluate the status of leak 
detection technology for natural gas pipelines.

Section 31--Minority-owned business evaluation

    This section directs PHMSA to evaluate the number of 
pipeline operators or contractors that are minority-, woman-, 
or disadvantaged business enterprises.

Section 32--Authorization of appropriations

    Section 32 authorizes a gas and hazardous liquid program 
budget of $111.1 million for FY2011, $115.8 million for FY2012, 
$119.9 million for FY2013, and $122.81 million for FY2014. It 
authorizes $2.0 million for State damage prevention programs 
for each fiscal year and $10.0 million for emergency response 
grants for each fiscal year. It authorizes $1.0 million for 
State one-call notification programs for each fiscal year and 
increases maximum Community Pipeline Safety Information Grants 
from $50,000 to $100,000 with an overall authorization of $1.0 
million for each fiscal year and eliminates the ban on user 
fees collected for such purposes. It also reauthorizes the 
pipeline transportation research and development program for 
FY2011-2014.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS

           *       *       *       *       *       *       *



Sec. 6103.   Minimum standards for State one-call notification programs

  [(a) Minimum Standards.--In order to qualify for a grant 
under section 6106, a State one-call notification program 
shall, at a minimum, provide for--
          [(1) appropriate participation by all underground 
        facility operators, including all government operators;
          [(2) appropriate participation by all excavators, 
        including all government and contract excavators; and
          [(3) flexible and effective enforcement under State 
        law with respect to participation in, and use of, one-
        call notification systems.]
  (a) Minimum Standards.--
          (1) In general.--In order to qualify for a grant 
        under section 6106, a State one-call notification 
        program shall, at a minimum, provide for--
                  (A) appropriate participation by all 
                underground facility operators, including all 
                government operators;
                  (B) appropriate participation by all 
                excavators, including all government and 
                contract excavators; and
                  (C) flexible and effective enforcement under 
                State law with respect to participation in, and 
                use of, one-call notification systems.
          (2) Exemptions prohibited.--A State one-call 
        notification program may not exempt municipalities, 
        State agencies, or their contractors from its one-call 
        notification system requirements.

           *       *       *       *       *       *       *


Sec. 6107.   Authorization of appropriations

  (a) For Grants to States.--There are authorized to be 
appropriated to the Secretary to provide grants to States under 
section 6106 $1,000,000 for each of fiscal years [2007 through 
2010.] 2011 through 2014.
  (b) For Administration.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to 
carry out sections 6103, 6104, and 6105 for fiscal years [2007 
through 2010.] 2011 through 2014.
  [(c) General Revenue Funding.--Any sums appropriated under 
this section shall be derived from general revenues and may not 
be derived from amounts collected under section 60301 of this 
title.]

           *       *       *       *       *       *       *


SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


                          CHAPTER 601--SAFETY

Sec.
60101. Definitions.
     * * * * * * *
60138. Public education and awareness.
60139. Telephonic notice of certain incidents.
60140. Alaska project coordination.
60141. Cover over buried pipeline.

Sec. 60101.   Definitions

  (a) General.--In this chapter--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``hazardous liquid'' means--
                  (A) petroleum or a petroleum product; [and]
                  (B) non-petroleum fuels, including biofuels, 
                that are flammable, toxic, or corrosive or 
                would be harmful to the environment if released 
                in significant quantities; and
                  [(B)] (C) a substance the Secretary of 
                Transportation decides may pose an unreasonable 
                risk to life or property when transported by a 
                hazardous liquid pipeline facility in a liquid 
                state (except for liquefied natural gas);

           *       *       *       *       *       *       *


Sec. 60102.   Purpose and general authority

  (a) Purpose and Minimum Safety Standards.--
          (1) * * *
          (2) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for pipeline 
        transportation and for pipeline facilities. The 
        standards--
                  (A) apply to [owners and operators] any or 
                all of the owners or operators of pipeline 
                facilities;

           *       *       *       *       *       *       *

  (i) Carbon Dioxide Regulation.--(1) The Secretary shall 
regulate carbon dioxide transported by a hazardous liquid 
pipeline facility. The Secretary shall prescribe standards 
related to hazardous liquid to ensure the safe transportation 
of carbon dioxide by such a facility.
  (2) The Secretary shall prescribe minimum safety standards 
for the transportation of carbon dioxide by pipeline in a 
gaseous state. In establishing the standards, the Secretary 
shall consider whether applying the minimum safety standards in 
part 195 of title 49 of the Code of Federal Regulations, as in 
effect on the date of enactment of the Pipeline Infrastructure 
and Community Protection Act of 2011 for the transportation of 
carbon dioxide in a liquid state, to the transportation of 
carbon dioxide in a gaseous state would ensure safety. Nothing 
in this subsection authorizes the Secretary to regulate piping 
or equipment used in the production, extraction, recovery, 
lifting, stabilization, separation, or treating of carbon 
dioxide or its preparation for transportation by pipeline at 
production, refining, or manufacturing facilities.

           *       *       *       *       *       *       *

  (n) Automatic and Remote-Controlled Shut-Off Valves.--
          (1) Standards for new transmission pipelines.--Not 
        later than 2 years after the date of enactment of the 
        Pipeline Infrastructure and Community Protection Act of 
        2011, the Secretary shall by regulation, after notice 
        and an opportunity for a hearing, require the use of 
        automatic or remote-controlled shut-off valves, or 
        equivalent technology, where economically, technically, 
        and operationally feasible on transmission pipelines 
        constructed or entirely replaced after the date on 
        which the Secretary issues a final rule.
          (2) Retrofit review and analysis.--The Secretary 
        shall conduct a review of transmission pipeline 
        facility operators' ability to respond to a hazardous 
        liquid or gas release from a pipeline segment located 
        in a high consequence area (as described in section 
        60109(a)). The Secretary's analysis shall consider the 
        swiftness of leak detection and pipeline shutdown 
        capabilities, the location of nearest response 
        personnel, and the costs, risks, and benefits of 
        installing automatic and remote-controlled shut-off 
        valves. Not later than 1 year after the date of 
        enactment of the Pipeline Infrastructure and Community 
        Protection Act of 2011, the Secretary shall report the 
        results of such review and analysis to the Senate 
        Committee on Commerce, Science, and Transportation, and 
        the House of Representatives Committee on 
        Transportation and Infrastructure and Committee on 
        Energy and Commerce.
  (o) Transportation-Related Oil Flow Lines.--
          (1) Data collection.--The Secretary may collect 
        geospatial or technical data on transportation-related 
        oil flow lines, including unregulated transportation-
        related oil flow lines.
          (2) Transportation-related oil flow line defined.--In 
        this subsection, the term ``transportation-related oil 
        flow line'' means a pipeline transporting oil off of 
        the grounds of the well where it originated across 
        areas not owned by the producer, regardless of the 
        extent to which the oil has been processed, if at all.
          (3) Limitation.--Nothing in this subsection 
        authorizes the Secretary to prescribe standards for the 
        movement of oil through production, refining, or 
        manufacturing facilities, or through oil production 
        flow lines located on the grounds of wells.

           *       *       *       *       *       *       *


Sec. 60107.   State pipeline safety grants

  (a) * * *
  (b) Payments.--After notifying and consulting with a State 
authority, the Secretary may withhold any part of a payment 
when the Secretary decides that the authority is not carrying 
out satisfactorily a safety program or not acting 
satisfactorily as an agent. The Secretary may pay an authority 
under this section only when the authority ensures the 
Secretary that it will provide the remaining costs of a safety 
program and that the total State amount spent for a safety 
program (excluding grants of the United States Government) will 
at least equal the average amount spent for gas and hazardous 
liquid safety programs for the 3 fiscal years prior to the 
fiscal year in which the Secretary makes the payment, except 
when the Secretary waives this requirement. The Secretary may 
grant such a waiver if a State can demonstrate an inability to 
maintain or increase the required funding share of its pipeline 
safety program at or above the level required by this section 
due to economic hardship in that State.

           *       *       *       *       *       *       *


Sec. 60108.   Inspection and maintenance

  (a) Plans.--(1) Each person owning or operating [an 
intrastate] a gas pipeline facility or hazardous liquid 
pipeline facility shall carry out a current written plan 
(including any changes) for inspection and maintenance of each 
facility used in the transportation and owned or operated by 
the person. A copy of the plan shall be kept at any office of 
the person the Secretary of Transportation considers 
appropriate. The Secretary also may require a person owning or 
operating a pipeline facility subject to this chapter to file a 
plan for inspection and maintenance for approval.

           *       *       *       *       *       *       *

  (c) Pipeline Facilities Offshore and in Other Waters.--(1) * 
* *

           *       *       *       *       *       *       *

  (8) Not later than 2 years after the date of enactment of the 
Pipeline Infrastructure and Community Protection Act of 2011, 
the Secretary shall issue regulations, after notice and an 
opportunity for a hearing, subjecting offshore hazardous liquid 
gathering lines and hazardous liquid gathering lines located 
within the inlets of the Gulf of Mexico to the same standards 
and regulations as other hazardous liquid gathering lines. The 
exceptions described in section 60102(k)(3) shall apply to the 
requirements of this paragraph. The regulations issued under 
this paragraph shall not apply to production pipelines or flow 
lines.
  (d) Replacing Cast Iron Gas Pipelines.--(1) * * *

           *       *       *       *       *       *       *

  (4) The Secretary shall conduct a follow-up survey to measure 
progress of plan implementation biennially.

Sec. 60109.   High-density population areas and environmentally 
                    sensitive areas

  (a) * * *

           *       *       *       *       *       *       *

  (c) Risk Analysis and Integrity Management Programs.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Minimum requirements of integrity management 
        programs.--An integrity management program required 
        under paragraph (1) shall include, at a minimum, the 
        following requirements:
                  (A) * * *
                  [(B) Subject to paragraph (5), periodic 
                reassessment of the facility, at a minimum of 
                once every 7 years, using methods described in 
                subparagraph (A).]
                  (B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of 
                once every 7 calendar years, using methods 
                described in subparagraph (A). Such deadline 
                shall be extended for an additional 6 months if 
                the operator submits written notice to the 
                Secretary that includes an explanation of the 
                need for such extension.

           *       *       *       *       *       *       *

  (e) Distribution Integrity Management Programs.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Excess flow valves.--
                  (A) * * *
                  (B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--
                Not later than 2 years after the date of 
                enactment of the Pipeline Infrastructure and 
                Community Protection Act of 2011, the Secretary 
                shall by regulation, after notice and an 
                opportunity for a hearing, require the use of 
                excess flow valves, or equivalent technology, 
                where economically, technically, and 
                operationally feasible on new or entirely 
                replaced distribution branch services, 
                multifamily facilities, and small commercial 
                facilities.
                  [(B)] (C) Reports.--Operators of natural gas 
                distribution systems shall report annually to 
                the Secretary on the number of excess flow 
                valves installed on their systems under 
                subparagraph (A).

           *       *       *       *       *       *       *

  (g) Integrity Management.--
          (1) Evaluation.--Within 1 year after the date of 
        enactment of the Pipeline Infrastructure and Community 
        Protection Act of 2011, the Secretary shall evaluate--
                  (A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline 
                facilities, whether integrity management 
                requirements, or elements thereof, should be 
                expanded beyond high consequence areas (as 
                described in subsection (a)); and
                  (B) with respect to gas transmission pipeline 
                facilities, whether applying integrity 
                management requirements, or elements thereof, 
                to additional areas would mitigate the need for 
                class location requirements.
          (2) Factors.--In conducting the evaluation under 
        paragraph (1), the Secretary shall consider factors 
        including the following:
                  (A) The continuing priority to enhance 
                protections for public safety.
                  (B) The continuing importance of reducing 
                risk in high consequence areas, as so defined 
                at the time the Secretary conducts such 
                evaluation.
                  (C) The incremental costs of applying 
                integrity management standards to pipelines 
                outside of high consequence areas where 
                operators are already conducting assessments 
                beyond what is required under this chapter.
                  (D) The need to undertake integrity 
                management assessments and repairs in a manner 
                which is achievable and sustainable, and which 
                does not disrupt pipeline service.
                  (E) The options for phasing in the extension 
                of integrity management requirements beyond 
                high consequence areas, as so defined at the 
                time the Secretary conducts such evaluation, 
                including the most effective and efficient 
                options for decreasing risks to an increasing 
                number of people living or working in proximity 
                to pipeline facilities.
          (3) Report.--Based on the evaluation described in 
        paragraph (1), the Secretary shall submit a report to 
        the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure and 
        Committee on Energy and Commerce containing the 
        Secretary's analysis and findings regarding--
                  (A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline 
                facilities, expansion of integrity management 
                requirements, or elements thereof, beyond high 
                consequence areas (as described in subsection 
                (a)); and
                  (B) with respect to gas transmission pipeline 
                facilities, whether applying the integrity 
                management requirements, or elements thereof, 
                to additional areas would mitigate the need for 
                class location requirements.
          (4) Standards.--Not later than 2 years after 
        completion of the evaluation, the Secretary shall, as 
        appropriate, prescribe regulations, after notice and an 
        opportunity for a hearing, that--
                  (A) with respect to gas transmission pipeline 
                facilities and hazardous liquid pipeline 
                facilities, expand integrity management 
                requirements, or elements thereof, beyond high 
                consequence areas (as described in subsection 
                (a)); and
                  (B) remove redundant class location 
                requirements for gas transmission pipeline 
                facilities that are regulated under an 
                integrity management program adopted and 
                implemented under subsection (c)(2).
          (5) Data reporting.--The Secretary shall collect any 
        relevant data necessary to complete the evaluation 
        required by paragraph (1) and may collect such 
        additional data pursuant to regulations promulgated 
        under paragraph (3) as may be necessary.

           *       *       *       *       *       *       *


Sec. 60117.   Administrative

  (a) * * *

           *       *       *       *       *       *       *

  [(n) Cost Recovery for Design Reviews.--
          [(1) In general.--If the Secretary conducts facility 
        design safety reviews in connection with a proposal to 
        construct, expand, or operate a liquefied natural gas 
        pipeline facility, the Secretary may require the person 
        requesting such reviews to pay the associated staff 
        costs relating to such reviews incurred by the 
        Secretary in section 60301(d). The Secretary may assess 
        such costs in any reasonable manner.
          [(2) Deposit.--The Secretary shall deposit all funds 
        paid to the Secretary under this subsection into the 
        Department of Treasury account 69-5172-0-2-407 or its 
        successor account.
          [(3) Authorization of appropriations.--Funds 
        deposited pursuant to this subsection are authorized to 
        be appropriated for the purposes set forth in section 
        60301(d).]
  (n) Cost Recovery for Design Reviews.--
          (1) In general.--
                  (A) Review costs.--For any project described 
                in subparagraph (B), if the Secretary conducts 
                facility design safety reviews in connection 
                with a proposal to construct, expand, or 
                operate a new gas or hazardous liquid pipeline 
                facility or liquefied natural gas pipeline 
                facility, including construction inspections 
                and oversight, the Secretary may require the 
                person or entity proposing the project to pay 
                the costs incurred by the Secretary relating to 
                such reviews. If the Secretary exercises the 
                cost recovery authority described in this 
                section, the Secretary shall prescribe a fee 
                structure and assessment methodology that is 
                based on the costs of providing these reviews 
                and shall prescribe procedures to collect fees 
                under this section. The Secretary shall not 
                collect design safety review fees under this 
                chapter and section 60301 for the same design 
                safety review.
                  (B) Projects to which applicable.--
                Subparagraph (A) applies to any project that--
                          (i) has design and construction costs 
                        totaling at least $1,000,000,000, as 
                        adjusted for inflation; or
                          (ii) uses new or novel technologies 
                        or design.
          (2) Notification.--For any new pipeline facility 
        construction project in which the Secretary will 
        conduct design reviews, the person or entity proposing 
        the project shall notify the Secretary and provide the 
        design specifications, construction plans and 
        procedures, and related materials at least 120 days 
        prior to the commencement of construction. Within 90 
        days of receiving such design specifications, 
        construction plans and procedures, the Secretary shall 
        provide written comments, feedback, and guidance on 
        such project.
          (3) Deposit and use.--There is established a Pipeline 
        Safety Design Review Fund in the Treasury of the United 
        States. The Secretary shall deposit funds paid under 
        this subsection into the Fund. Funds deposited under 
        this subsection are authorized to be appropriated for 
        the purposes set forth in this chapter. Fees authorized 
        under this subsection shall be available for obligation 
        only to the extent and in the amount provided in 
        advance in appropriations Acts.
  (o) International Cooperation and Consultation.--
          (1) Information exchange and technical assistance.--
        If the Secretary determines that it would benefit the 
        United States, subject to guidance from the Secretary 
        of State, the Secretary may engage in activities 
        supporting cooperative international efforts to share 
        information about the risks to the public and the 
        environment from pipeline facilities and means of 
        protecting against those risks. Such cooperation may 
        include the exchange of information with domestic and 
        appropriate international organizations to facilitate 
        efforts to develop and improve safety standards and 
        requirements for pipeline transportation in or 
        affecting interstate or foreign commerce.
          (2) Consultation.--To the extent practicable, subject 
        to guidance from the Secretary of State, the Secretary 
        may consult with interested authorities in Canada, 
        Mexico, and other interested authorities, as needed, to 
        ensure that the respective pipeline facility safety 
        standards and requirements prescribed by the Secretary 
        and those prescribed by such authorities are consistent 
        with the safe and reliable operation of cross-border 
        pipeline facilities.
          (3) Differences in international standards and 
        requirements.--Nothing in this section requires that a 
        standard or requirement prescribed by the Secretary 
        under this chapter be identical to a standard or 
        requirement adopted by a foreign or international 
        authority.

Sec. 60118.   Compliance and waivers

  (a) * * *

           *       *       *       *       *       *       *

  (c) Waivers by Secretary.--
          [(1) Nonemergency waivers.--
                  [(A) In general.--On application of an owner 
                or operator of a pipeline facility, the 
                Secretary by order may waive compliance with 
                any part of an applicable standard prescribed 
                under this chapter with respect to such 
                facility on terms the Secretary considers 
                appropriate if the Secretary determines that 
                the waiver is not inconsistent with pipeline 
                safety.
                  [(B) Hearing.--The Secretary may act on a 
                waiver under this paragraph only after notice 
                and an opportunity for a hearing.]
          (1) Issuance of waivers.--
                  (A) In general.--On application of an owner 
                or operator of a pipeline facility, the 
                Secretary by order may waive compliance with 
                any part of an applicable standard prescribed 
                under this chapter with respect to the facility 
                on terms the Secretary considers appropriate, 
                if the Secretary finds that the waiver is not 
                inconsistent with pipeline facility safety.
                  (B) Considerations.--In determining whether 
                to grant a waiver, the Secretary shall 
                consider--
                          (i) the applicant's compliance 
                        history;
                          (ii) the applicant's accident 
                        history; and
                          (iii) any additional factors the 
                        Secretary considers relevant.
                  (C) Effective period.--A waiver of one or 
                more pipeline facility operating requirements 
                shall be reviewed by the Secretary 5 years 
                after its effective date. In reviewing a 
                waiver, the Secretary shall consider any change 
                in ownership or control of the pipeline 
                facility, any change in the conditions around 
                the pipeline facility, and other factors as 
                appropriate. The Secretary may modify, suspend, 
                or revoke a waiver after such review in 
                accordance with subparagraph (E).
                  (D) Public notice and hearing.--The Secretary 
                may act on a waiver under this subsection only 
                after public notice and an opportunity for a 
                hearing, which may consist of publication of 
                notice in the Federal Register that an 
                application for a waiver has been filed and 
                providing the public with the opportunity to 
                review and comment on the application. If a 
                waiver is granted, the Secretary shall state in 
                the order and associated analysis the reasons 
                for granting it.
                  (E) Noncompliance and modification, 
                suspension, or revocation.--After notice to a 
                holder of a waiver and opportunity to show 
                cause, the Secretary may modify, suspend, or 
                revoke a waiver issued under this subsection 
                for failure to comply with its terms or 
                conditions, intervening changes in Federal law, 
                a material change in circumstances affecting 
                safety, including erroneous information in the 
                application, or any other reason. If necessary 
                to avoid a significant risk of harm to persons, 
                property, or the environment, the Secretary may 
                waive the show cause procedure and make the 
                action immediately effective.

           *       *       *       *       *       *       *

  (e) Operator Assistance in Investigations.--If the Secretary 
or the National Transportation Safety Board investigate an 
accident involving a pipeline facility, the operator of the 
facility shall make available to the Secretary or the Board all 
records and information that in any way pertain to the accident 
(including integrity management plans and test results), and 
shall afford all reasonable assistance in the investigation of 
the accident. The Secretary may impose a civil penalty under 
section 60122 on a person who obstructs or prevents the 
Secretary from carrying out inspections or investigations under 
this chapter.

           *       *       *       *       *       *       *


Sec. 60119.   Judicial review

  (a) Review of Regulations [and Waiver Orders], Orders, and 
Other Final Agency Actions.--(1) Except as provided in 
subsection (b) of this section, a person adversely affected by 
a regulation prescribed under this chapter or an order issued 
[about an application for a waiver under section 60118(c) or 
(d) of] under this title may apply for review of the regulation 
or order by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit or in the 
court of appeals of the United States for the circuit in which 
the person resides or has its principal place of business. The 
petition must be filed not later than 89 days after the 
regulation is prescribed or order is issued. The clerk of the 
court immediately shall send a copy of the petition to the 
Secretary of Transportation.

           *       *       *       *       *       *       *

  (3) All judicial review of agency action under this section 
shall apply the standards of review established in section 706 
of title 5.

           *       *       *       *       *       *       *


Sec. 60120.   Enforcement

  (a) Civil Actions.--
          (1) Civil actions to enforce this chapter.--At the 
        request of the Secretary of Transportation, the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this chapter, including section 60112, or a 
        regulation prescribed or order issued under this 
        chapter. The court may award appropriate relief, 
        including a temporary or permanent injunction, punitive 
        damages, and assessment of civil penalties, considering 
        the same factors as prescribed for the Secretary in an 
        administrative case under section 60122. The maximum 
        amount of civil penalties for administrative 
        enforcement actions under section 60122 shall not apply 
        to enforcement actions under this section.

           *       *       *       *       *       *       *


Sec. 60122.   Civil penalties

  (a) * * *
  (b) Penalty Considerations.--In determining the amount of a 
civil penalty under this section--
          (1) the Secretary shall consider--
                  (A) * * *
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior 
                violations, [the ability to pay,] and any 
                effect on ability to continue doing business; 
                and

           *       *       *       *       *       *       *

  (c) Penalties for Major Consequence Violations.--
          (1) In general.--A person that the Secretary of 
        Transportation decides, after written notice and an 
        opportunity for a hearing, has committed a major 
        consequence violation of section 60114(b), 60114(d), or 
        60118(a) of this title or a regulation prescribed or 
        order issued under this chapter is liable to the United 
        States Government for a civil penalty of not more than 
        $250,000 for each violation. A separate violation 
        occurs for each day the violation continues. The 
        maximum civil penalty under this paragraph for a 
        related series of major consequence violations is 
        $2,500,000.
          (2) Penalty considerations.--In determining the 
        amount of a civil penalty for a major consequence 
        violation under this subsection, the Secretary shall 
        consider the factors prescribed in subsection (b).
          (3) Major consequence violation defined.--In this 
        subsection, the term ``major consequence violation'' 
        means a violation that contributed to a pipeline 
        facility incident resulting in--
                  (A) 1 or more deaths;
                  (B) 1 or more injuries or illnesses requiring 
                in-patient hospitalization; or
                  (C) environmental harm exceeding $250,000 in 
                estimated damages to the environment including 
                property loss, other than the value of natural 
                gas or hazardous liquid lost and damage to 
                pipeline facility equipment.
  [(c)] (d) Collection and Compromise.--(1) * * *

           *       *       *       *       *       *       *

  [(d)] (e) Setoff.--The Government may deduct the amount of a 
civil penalty imposed or compromised under this section from 
amounts it owes the person liable for the penalty.
  [(e)] (f) Deposit in Treasury.--Amounts collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.
  [(f)] (g) Prohibition on Multiple Penalties for Same Act.--
Separate penalties for violating a regulation prescribed under 
this chapter and for violating an order under section 60112 or 
60118(b) of this title may not be imposed under this chapter if 
both violations are based on the same act.

           *       *       *       *       *       *       *


Sec. 60125.   Authorization of appropriations

  (a) Gas and Hazardous Liquid.--
          (1) In general.--To carry out the provisions of this 
        chapter related to gas and hazardous liquid and section 
        12 of the Pipeline Safety Improvement Act of 2002 (49 
        U.S.C. 60101 note; Public Law 107-355), the following 
        amounts are authorized to be appropriated to the 
        Department of Transportation from fees collected under 
        section 60301 in each respective year:
                  [(A) For fiscal year 2007, $60,175,000 of 
                which $7,386,000 is for carrying out such 
                section 12 and $17,556,000 is for making 
                grants.
                  [(B) For fiscal year 2008, $67,118,000 of 
                which $7,586,000 is for carrying out such 
                section 12 and $20,614,000 is for making 
                grants.
                  [(C) For fiscal year 2009, $72,045,000 of 
                which $7,586,000 is for carrying out such 
                section 12 and $21,513,000 is for making 
                grants.
                  [(D) For fiscal year 2010, $76,580,000 of 
                which $7,586,000 is for carrying out subsection 
                12 and $22,252,000 is for making grants.]
                  (A) For fiscal year 2011, $92,206,000, of 
                which $9,200,000 is for carrying out such 
                section 12 and $36,958,000 is for making 
                grants.
                  (B) For fiscal year 2012, $96,144,000, of 
                which $9,600,000 for carrying out such section 
                12 and $39,611,000 is for making grants.
                  (C) For fiscal year 2013, $99,876,000, of 
                which $9,900,000 is for carrying out such 
                section 12 and $41,148,000 is for making 
                grants.
                  (D) For fiscal year 2014, $102,807,000, of 
                which $10,200,000 is for carrying out such 
                section 12 and $42,356,000 is for making 
                grants.
          (2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1) the 
        following amounts are authorized from the Oil Spill 
        Liability Trust Fund to carry out the provisions of 
        this chapter related to hazardous liquid and section 12 
        of the Pipeline Safety Improvement Act of 2002 (49 
        U.S.C. 60101 note; Public Law 107-355):
                  [(A) For fiscal year 2007, $18,810,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $2,682,000 is for making grants.
                  [(B) For fiscal year 2008, $19,000,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $2,682,000 is for making grants.
                  [(C) For fiscal year 2009, $19,500,000 of 
                which $4,207,000 is for carrying out such 
                section 12 and $3,103,000 is for making grants.
                  [(D) For fiscal year 2010, $20,000,000 of 
                which $4,207,000 is for carrying out such 
                section 12 $3,603,000 is for making grants.]
                  (A) For fiscal year 2011, $18,905,000, of 
                which $7,562,000 is for carrying out such 
                section 12 and $7,864,000 is for making grants.
                  (B) For fiscal year 2012, $19,661,000, of 
                which $7,864,000 is for carrying out such 
                section 12 and $7,864,000 is for making grants.
                  (C) For fiscal year 2013, $20,000,000, of 
                which $8,000,000 is for carrying out such 
                section 12 and $8,000,000 is for making grants.
                  (D) For fiscal year 2014, $20,000,000, of 
                which $8,000,000 is for carrying out such 
                section 12 and $8,000,000 is for making grants.
  (b) Emergency Response Grants.--
          (1) * * *
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated $10,000,000 for each of 
        fiscal years [2007 through 2010] 2011 through 2014 to 
        carry out this subsection.

           *       *       *       *       *       *       *


Sec. 60130.   Pipeline safety information grants to communities

  (a) Grant Authority.--
          (1) In general.--The Secretary of Transportation may 
        make grants for technical assistance to local 
        communities and groups of individuals (not including 
        for-profit entities) relating to the safety of pipeline 
        facilities in local communities, other than facilities 
        regulated under Public Law 93-153 (43 U.S.C. 1651 et 
        seq.). No grants may be awarded under section 60114(g) 
        until the Secretary has established competitive 
        procedures for awarding grants under this section and 
        criteria for selecting grant recipients. The amount of 
        any grant under this section may not exceed [$50,000] 
        $100,000 for a single grant recipient. The Secretary 
        shall establish appropriate procedures to ensure the 
        proper use of funds provided under this section.

           *       *       *       *       *       *       *

  (b) Prohibited Uses.--Funds provided under this section may 
not be used for lobbying, for direct advocacy for or against a 
pipeline, or in direct support of litigation.

           *       *       *       *       *       *       *

  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of Transportation for carrying 
out this section [$1,000,000 for each of the fiscal years 2003 
through 2010. Such amounts shall not be derived from user fees 
collected under section 60301.] $2,000,000 for each of the 
fiscal years 2011 through 2014.

           *       *       *       *       *       *       *


Sec. 60132.   National pipeline mapping system

  (a) Information To Be Provided.--Not later than 6 months 
after the date of enactment of this section, the operator of a 
pipeline facility (except distribution lines [and gathering 
lines]) shall provide to the Secretary of Transportation the 
following information with respect to the facility:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Any other geospatial or technical data, including 
        design and material specifications, that the Secretary 
        determines is necessary to carry out the purposes of 
        this section. Such data shall include data relating to 
        the depth of buried pipelines. The Secretary shall give 
        reasonable notice to operators that the data are being 
        requested.

           *       *       *       *       *       *       *

  (d) Public Disclosure Limited.--The Secretary may not 
disclose information collected pursuant to subsection (a) 
except to the extent permitted by section 552 of title 5.

           *       *       *       *       *       *       *


Sec. 60134.   State damage prevention programs

  (a) In General.--The Secretary may make a grant to a State 
authority (including a municipality with respect to intrastate 
gas pipeline transportation) to assist in improving the overall 
quality and effectiveness of a damage prevention program of the 
State authority under subsection (e) if the State authority--
          (1) has in effect an annual certification under 
        section 60105 or an agreement under section 60106; 
        [and]
          (2)(A) * * *
          (B) demonstrates that it has made substantial 
        progress toward establishing such a program, and that 
        such program will meet the requirements of subsection 
        [(b).] (b); and
          (3) does not provide any exemptions to 
        municipalities, State agencies, or their contractors 
        from its one-call notification system requirements.

           *       *       *       *       *       *       *

  (i) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to provide grants under this 
section $2,000,000 for each of fiscal years 2011 through 2014. 
The funds shall remain available until expended.

           *       *       *       *       *       *       *


Sec. 60138.   Public education and awareness

  (a) In General.--Not later than 1 year after the date of 
enactment of the Pipeline Infrastructure and Community 
Protection Act of 2011, the Secretary shall--
          (1) maintain a monthly updated summary of all 
        completed and final natural gas and hazardous liquid 
        pipeline facility inspections conducted by or reported 
        to the Pipeline and Hazardous Materials Safety 
        Administration that includes--
                  (A) identification of the operator inspected;
                  (B) the type of inspection;
                  (C) the results of the inspection, including 
                any deficiencies identified; and
                  (D) any corrective actions required to be 
                taken by the operator to remediate such 
                deficiencies;
          (2) maintain a detailed summary of each approved 
        emergency response plan written by the operator that 
        includes the key elements of the plan, but which may 
        exclude--
                  (A) proprietary information;
                  (B) sensitive security information, including 
                as referenced in section 1520.5(a) of title 49, 
                Code of Federal Regulations;
                  (C) specific response resources and tactical 
                resource deployment plans; and
                  (D) the specific amount and location of 
                worst-case discharges, including the process by 
                which an operator determines the worst-case 
                discharge; and
          (3) maintain, as part of the National Pipeline 
        Mapping System, a map of all currently designated high 
        consequence areas (as described in section 60109(a)) in 
        which pipelines are required to meet integrity 
        management safety regulations, excluding any 
        proprietary or sensitive security information, and 
        update the map annually.
  (b) Public Availability.--The requirements of subsection (a) 
shall be satisfied if the information required to be made 
public is made available on the Pipeline and Hazardous 
Materials Safety Administration's public Web site.
  (c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that 
are exempt from disclosure under section 552 of title 5.

Sec. 60139.   Telephonic notice of certain incidents

  (a) In General.--An owner or operator of a pipeline facility 
shall provide immediate telephonic notice of--
          (1) a failure of a hazardous liquid pipeline facility 
        described in section 195.50 of title 49, Code of 
        Federal Regulations; and
          (2) an incident, as defined in section 191.3 of title 
        49, Code of Federal Regulations.
  (b) Immediate Telephonic Notice Defined.--In subsection (a), 
the term ``immediate telephonic notice'' means telephonic 
notice, as described in section 191.5 of such title, to the 
National Response Center at the earliest practicable moment 
following confirmed discovery and not later than one hour 
following the time of such confirmed discovery.
  (c) Estimates of Release Volumes.--When providing immediate 
telephonic notice under subsection (a), the owner or operator 
of a pipeline facility shall estimate the general volume of a 
release using ranges such as ``small'', ``medium'', ``large'', 
and ``very large'', with the volume of such ranges, but shall 
not be required to provide a numerical estimate of the size of 
the release. The owner or operator shall be required to revise 
an estimate to provide more specific information, including, 
but not limited to, a numerical estimate of the size of the 
release within 48 hours, to the extent practicable.
  (d) References.--Any reference to a regulation in this 
section means the regulation as in effect on the date of 
enactment of this section.

Sec. 60140.   Alaska project coordination

  The Secretary may provide technical assistance to the State 
of Alaska for the purpose of achieving coordinated and 
effective oversight of the construction and operation of new 
and prospective pipeline facility systems in Alaska. The 
assistance may include--
          (1) conducting coordinated inspections of pipeline 
        facility systems subject to the respective authorities 
        of the Department of Transportation and the State of 
        Alaska;
          (2) consulting on the development and implementation 
        of programs designed to manage the integrity risks 
        associated with operating pipeline facility systems in 
        the unique conditions of Alaska;
          (3) training inspection and enforcement personnel and 
        consulting on the development and implementation of 
        inspection protocols and training programs; and
          (4) entering into cooperative agreements, grants, or 
        other transactions with the State of Alaska, the Joint 
        Pipeline Office, other Federal agencies, and other 
        public and private agencies to carry out the objectives 
        of this section.

Sec. 60141.   Cover over buried pipeline

  Not later than 1 year after the date of enactment of the 
Pipeline Infrastructure and Community Protection Act of 2011, 
the Secretary shall complete an evaluation to determine whether 
or not current regulations regarding cover over buried pipeline 
at crossings of inland bodies of water with a width of at least 
100 feet from high water mark to high water mark are sufficient 
to prevent a release of hazardous liquid. If, based on the 
evaluation, the Secretary determines that such current 
regulations are insufficient to provide adequate protection 
against the risk of a release of a hazardous liquid to the 
extent provided for under section 60102, not later than 2 years 
after the completion of the evaluation, the Secretary shall by 
regulation, after notice and an opportunity for a hearing, 
ensure the adequacy of cover over buried pipelines at crossings 
of inland bodies of water with a width of at least 100 feet 
from high water mark to high water mark by addressing cover 
over such buried pipelines or requiring equivalent protection.
                              ----------                              


                  FEDERAL WATER POLLUTION CONTROL ACT



           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                 OIL AND HAZARDOUS SUBSTANCE LIABILITY

  Sec. 311. (a) * * *
  (b)(1) * * *

           *       *       *       *       *       *       *

  (6) Administrative penalties.--
          (A) Violations.--Any owner, operator, or person in 
        charge of any vessel, onshore facility, or offshore 
        facility--
                  (i) * * *

           *       *       *       *       *       *       *

        may be assessed a class I or class II civil penalty by 
        the Secretary of the department in which the Coast 
        Guard is [operating or] operating, the Secretary of 
        Transportation, or the Administrator.

           *       *       *       *       *       *       *

  (m) Administrative Provisions.--
          (1) * * *
          (2) For facilities.--
                  [(A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator or the Secretary of the 
                Department in which the Coast Guard is 
                operating shall require the owner or operator 
                of a facility to which this section applies to 
                establish and maintain such records, make such 
                reports, install, use, and maintain such 
                monitoring equipment and methods, and provide 
                such other information as the Administrator or 
                Secretary, as the case may be, may require to 
                carry out the objectives of this section.
                  [(B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                Administrator or the Secretary of the 
                Department in which the Coast Guard is 
                operating or an authorized representative of 
                the Administrator or Secretary, upon 
                presentation of appropriate credentials, may--
                          [(i) enter and inspect any facility 
                        to which this section applies, 
                        including any facility at which any 
                        records are required to be maintained 
                        under subparagraph (A); and
                          [(ii) at reasonable times, have 
                        access to and copy any records, take 
                        samples, and inspect any monitoring 
                        equipment or methods required under 
                        subparagraph (A).]
                  (A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the department in which the 
                Coast Guard is operating shall require the 
                owner or operator of a facility to which this 
                section applies to establish and maintain such 
                records, make such reports, install, use, and 
                maintain such monitoring equipment and methods, 
                and provide such other information as the 
                Administrator, the Secretary of Transportation, 
                or Secretary of the department in which the 
                Coast Guard is operating, as the case may be, 
                may require to carry out the objectives of this 
                section.
                  (B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating or an authorized 
                representative of the Administrator, the 
                Secretary of Transportation, or Secretary of 
                the department in which the Coast Guard is 
                operating, upon presentation of appropriate 
                credentials, may--
                          (i) enter and inspect any facility to 
                        which this section applies, including 
                        any facility at which any records are 
                        required to be maintained under 
                        subparagraph (A); and
                          (ii) at reasonable times, have access 
                        to and copy any records, take samples, 
                        and inspect any monitoring equipment or 
                        methods required under subparagraph 
                        (A).

           *       *       *       *       *       *       *

                              ----------                              


                PIPELINE SAFETY IMPROVEMENT ACT OF 2002



           *       *       *       *       *       *       *
SEC. 12.   PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND 
                    DEVELOPMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Program Plan.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Ongoing pipeline transportation research and 
        development.--After the initial 5-year program plan has 
        been carried out by the participating agencies, the 
        Secretary of Transportation shall prepare a research 
        and development program plan every 5 years thereafter 
        and shall transmit a report to Congress on the status 
        and results-to-date of implementation of the program 
        each year that funds are appropriated for carrying out 
        the plan.

           *       *       *       *       *       *       *

  (f) Pipeline Integrity Program.--Of the amounts available in 
the Oil Spill Liability Trust Fund established by section 9509 
of the Internal Revenue Code of 1986 (26 U.S.C. 9509), 
$3,000,000 shall be transferred to the Secretary of 
Transportation, as provided in appropriation Acts, to carry out 
programs for detection, prevention, and mitigation of oil 
spills for each of the fiscal years [2003 through 2006.] 2011 
through 2014.

           *       *       *       *       *       *       *