H. Rept. 113-152 - 113th Congress (2013-2014)
July 16, 2013, As Reported by the Transportation and Infrastructure Committee

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House Report 113-152 - AMENDING TITLE 49, UNITED STATES CODE, TO MODIFY REQUIREMENTS RELATING TO THE AVAILABILITY OF PIPELINE SAFETY REGULATORY DOCUMENTS, AND FOR OTHER PURPOSES




[House Report 113-152]
[From the U.S. Government Printing Office]


113th Congress                                            Rept. 113-152
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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

 
AMENDING TITLE 49, UNITED STATES CODE, TO MODIFY REQUIREMENTS RELATING 
 TO THE AVAILABILITY OF PIPELINE SAFETY REGULATORY DOCUMENTS, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 July 16, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2576]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2576) to amend title 49, United 
States Code, to modify requirements relating to the 
availability of pipeline safety regulatory documents, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     4
Advisory of Earmarks.............................................     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Section-by-Section Analysis of Legislation.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                         Purpose of Legislation

    H.R. 2576 amends title 49, United States Code, to modify 
requirements relating to the availability of pipeline safety 
regulatory documents. The bill corrects an unintended 
consequence of the Pipeline Safety, Regulatory Certainty, and 
Job Creation Act of 2011.

                  Background and Need for Legislation

    For many years, government agencies have used standards and 
other materials published by standards development 
organizations (SDOs) as one means of satisfying regulatory 
objectives. In 1982, the Office of Management and Budget (OMB) 
promulgated OMB Circular A-119, which required federal agencies 
to use privately developed voluntary consensus standards in 
lieu of government-unique standards in their procurement and 
regulatory activities, except where inconsistent with law or 
otherwise impractical. The use of such standards, whenever 
practicable and appropriate, was intended to achieve the 
following goals: (1) eliminate the cost to the government of 
developing its own standards and decrease the cost of goods 
procured and the burden of complying with agency regulation; 
(2) provide incentives and opportunities to establish standards 
that serve national needs; (3) encourage long-term growth for 
U.S. enterprises and promote efficiency and economic 
competition through harmonization of standards; and (4) further 
the policy of reliance upon the private sector to supply 
government needs for goods and services.
    In 1996, Congress passed the National Technology Transfer 
and Advancement Act, codifying the requirements contained in 
the OMB Circular into law. Therefore, by law, federal agencies 
are required to use such voluntary consensus standards, instead 
of expending resources to create their own, unless use of such 
standards would be inconsistent with applicable law or 
otherwise impractical. Oftentimes, instead of reprinting the 
standards into the federal regulations, agencies simply 
reference the voluntary consensus standards by name, a practice 
more commonly known as ``incorporation by reference.'' SDOs 
maintain that the practice of incorporation by reference has a 
number of benefits, including dramatically reducing costs to 
the government of developing its own standards, preventing 
duplicative and conflicting government-imposed standards, and 
allowing agencies to use standards that are already recognized 
and accepted in the United States and around the world, which 
result in a public-private partnership that enhances public 
safety and health while saving government agencies and 
taxpayers money. Many safety advocates, universities, 
researchers, and state and local communities, however, have 
raised concerns about the lack of transparency and openness in 
reviewing the voluntary consensus standards, particularly when 
incorporated into federal safety regulations.
    In 2011, the bipartisan Pipeline Safety, Regulatory 
Certainty, and Job Creation Act of 2011 (Pipeline Safety Act) 
became law. In an effort to ensure public access to pipeline 
standards, section 24 of the Pipeline Safety Act included a 
provision, codified at section 60102(p) of title 49, United 
States Code, that requires the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) to make any document, or portion 
thereof, incorporated by reference into PHMSA regulations or 
guidance publicly available, free of charge, on an internet 
website. Acting in good faith, the intent was to ensure 
transparency and openness in government regulation, but an 
unintended consequence arose with regard to some SDOs whose 
business model could be jeopardized by allowing internet access 
to its standards. H.R. 2576 will ensure that the provisions of 
the Pipeline Safety Act support broader public availability of 
voluntary consensus standards and related information to the 
general public for non-commercial purposes--consistent with 
existing law and regulations--while also maintaining the 
invaluable public-private partnership between the private 
sector and government agencies. H.R. 2576 provides PHMSA with 
the flexibility necessary to continue to work with SDOs to 
improve regulatory outcomes and ensure that materials 
incorporated by reference are made available to the public.

                                Hearings

    No hearings were held on H.R. 2576.

                 Legislative History and Consideration

    On June 28, 2013, Representatives Bill Shuster, Jeff 
Denham, Nick Rahall, and Corrine Brown introduced H.R. 2576 to 
ensure the protection of intellectual property and copyrights 
of standard development organizations while providing public 
access to documents incorporated by reference into pipeline 
safety regulations. On July 10, 2013, the Committee on 
Transportation and Infrastructure met in open session and 
ordered the bill reported favorably to the House by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no record votes taken in connection 
with consideration of H.R. 2576.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2576 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2576, a bill to 
amend title 49, United States Code, to modify requirements 
relating to the availability of pipeline safety regulatory 
documents, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide PHMSA greater flexibility in providing public access to 
documents incorporated by reference into pipeline safety 
regulations.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 2576 establishes 
or reauthorizes a program of the federal government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 2576 does not 
specifically direct the completion of any specific rule makings 
within the meaning of section 551 of title 5, United States 
Code.

                       Federal Mandate 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 (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 2576 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

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

                  Applicability of 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 (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


Section 1. Availability of pipeline safety regulatory documents

    H.R. 2576 strikes the phrase ``on an internet Web site'' 
from section 60102(p) of title 49, United States Code, which 
will help protect copyright and intellectual property concerns, 
while granting PHMSA the flexibility necessary to ensure 
compliance with the law. It also extends the deadline for 
implementation from one year after the date of enactment to 
three years after the date of enactment, and reduces the number 
of documents to which the provision applies by striking 
``guidelines'' from section 60102(p).

         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 and 
existing law in which no change is proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


CHAPTER 601--SAFETY

           *       *       *       *       *       *       *



Sec. 60102. Purpose and general authority

  (a) * * *

           *       *       *       *       *       *       *

  (p) Limitation on Incorporation of Documents by Reference.--
Beginning [1 year] 3 years after the date of enactment of this 
subsection, the Secretary may not issue [guidance or] a 
regulation pursuant to this chapter that incorporates by 
reference any documents or portions thereof unless the 
documents or portions thereof are made available to the public, 
free of charge[, on an Internet Web site].

           *       *       *       *       *       *       *

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