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114th Congress }                                       { Rept. 114-617
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                       { Part 1

======================================================================
 
                      PIPELINE SAFETY ACT OF 2016

                                _______
                                

                 June 10, 2016.--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. 5050]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 5050) to amend title 49, United States Code, to 
provide enhanced safety in pipeline transportation, 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
Purpose and Summary..............................................    10
Background and Need for Legislation..............................    10
Hearings.........................................................    11
Committee Consideration..........................................    11
Committee Votes..................................................    12
Committee Oversight Findings.....................................    12
Statement of General Performance Goals and Objectives............    12
New Budget Authority, Entitlement Authority, and Tax Expenditures    12
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    12
Committee Cost Estimate..........................................    12
Congressional Budget Office Estimate.............................    12
Federal Mandates Statement.......................................    17
Duplication of Federal Programs..................................    17
Disclosure of Directed Rule Makings..............................    18
Advisory Committee Statement.....................................    18
Applicability to Legislative Branch..............................    18
Section-by-Section Analysis of the Legislation...................    18
Changes in Existing Law Made by the Bill, as Reported............    21
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Pipeline Safety Act 
of 2016''.
  (b) References to Title 49, United States Code.--Except as otherwise 
expressly provided, wherever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or 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) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references; table of contents.
Sec. 2. Regulatory updates.
Sec. 3. Statutory preference.
Sec. 4. Integrity management review.
Sec. 5. Technical safety standards committees.
Sec. 6. Inspection report information.
Sec. 7. Improving damage prevention technology.
Sec. 8. Direct hire authority for Pipeline and Hazardous Materials 
Safety Administration.
Sec. 9. Information-sharing system.
Sec. 10. Nationwide integrated pipeline safety regulatory database.
Sec. 11. Underground gas storage facilities.
Sec. 12. Requirements for certain hazardous liquid pipeline facilities.
Sec. 13. Response plans.
Sec. 14. Unusually sensitive areas.
Sec. 15. Emergency order authority.
Sec. 16. Pipeline safety information grants to communities.
Sec. 17. Transparency in interagency review.
Sec. 18. Corrosion control review.
Sec. 19. Study on propane gas pipeline facilities.
Sec. 20. Standards for liquefied natural gas pipeline facilities.
Sec. 21. Authorization of appropriations.

SEC. 2. REGULATORY UPDATES.

  (a) Reports.--
          (1) In general.--The Secretary of Transportation shall submit 
        reports to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committees on 
        Transportation and Infrastructure and Energy and Commerce of 
        the House of Representatives regarding the status of a final 
        rule for each outstanding regulation.
          (2) Deadlines.--The Secretary shall submit a report under 
        this subsection not later than 120 days after the date of 
        enactment of this Act, and every 90 days thereafter until a 
        final rule has been issued for each outstanding regulation 
        described in subsection (c)(2)(A).
  (b) Contents.--The Secretary shall include in each report submitted 
under subsection (a)--
          (1) a description of the work plan for each outstanding 
        regulation;
          (2) an updated rulemaking timeline for each outstanding 
        regulation;
          (3) current staff allocations with respect to each 
        outstanding regulation;
          (4) any resource constraints affecting the rulemaking process 
        for each outstanding regulation; and
          (5) any other details associated with the development of each 
        outstanding regulation that affect the progress of the 
        rulemaking process.
  (c) Outstanding Regulation Defined.--In this section, the term 
``outstanding regulation'' means a regulation relating to pipeline 
safety--
          (1) for which no final rule, including an interim final rule 
        or direct final rule, has been issued; and
          (2) that--
                  (A) is required under--
                          (i) the Pipeline Safety Regulatory Certainty 
                        and Job Creation Act of 2011 (Public Law 112-
                        90; 125 Stat. 1904); or
                          (ii) any other law, for which more than 2 
                        years have passed since the statutory deadline 
                        for the regulation; or
                  (B) is being developed under an authority not 
                described in subparagraph (A), and is considered to be 
                a significant regulatory action under Executive Order 
                12866.

SEC. 3. STATUTORY PREFERENCE.

  The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall complete the rulemaking process for each 
outstanding regulation described in section 2(c)(2)(A) before beginning 
any new rulemaking process after the date of the enactment of this Act, 
except that the Administrator may begin such a new rulemaking process 
before completing the rulemaking process for each such outstanding 
regulation if the Secretary of Transportation determines, in the 
Secretary's discretion, that there is a significant need to do so, and 
notifies Congress of such determination.

SEC. 4. INTEGRITY MANAGEMENT REVIEW.

  (a) Reports.--
          (1) Natural gas integrity management report.--Not later than 
        18 months after the date of publication of a final rule 
        regarding the safety of gas transmission pipelines, relating to 
        the advance notice of proposed rulemaking published by the 
        Administrator of the Pipeline and Hazardous Materials Safety 
        Administration on August 25, 2011 (76 Fed. Reg. 53086), the 
        Comptroller General of the United States shall submit to 
        Congress a report regarding integrity management programs for 
        natural gas pipeline facilities.
          (2) Hazardous liquid integrity management report.--Not later 
        than 18 months after the date of publication of a final rule 
        regarding the safety of hazardous liquid pipelines, relating to 
        the proposed rule published by the Administrator of the 
        Pipeline and Hazardous Materials Safety Administration on 
        October 13, 2015 (80 Fed. Reg. 61610), the Comptroller General 
        of the United States shall submit to Congress a report 
        regarding integrity management programs for hazardous liquid 
        pipeline facilities.
  (b) Contents.--The Comptroller General shall include--
          (1) in the report submitted under subsection (a)(1), an 
        analysis of the extent to which integrity management programs 
        for natural gas pipeline facilities required under section 
        60109(c) of title 49, United States Code, have improved the 
        safety of natural gas pipeline facilities;
          (2) in the report submitted under subsection (a)(2), an 
        analysis of the extent to which hazardous liquid pipeline 
        integrity management programs in areas identified pursuant to 
        section 60109(a) of title 49, United States Code, for operators 
        of hazardous liquid pipeline facilities, as regulated under 
        sections 195.450 and 195.452 of title 49, Code of Federal 
        Regulations, have improved the safety of hazardous liquid 
        pipeline facilities; and
          (3) in each report submitted under subsection (a), with 
        respect to the applicable pipeline facilities--
                  (A) an analysis of, and recommendations regarding, 
                ways to enhance pipeline facility safety, taking into 
                consideration issues relating to technical, 
                operational, and economic feasibility, including, in 
                the case of the report submitted under subsection 
                (a)(2), an analysis of, and recommendations regarding, 
                risk factors that may warrant a variance from the 
                maximum allowable assessment interval;
                  (B) a description of any challenges affecting Federal 
                or State regulators in their oversight of integrity 
                management programs and how those challenges are being 
                addressed; and
                  (C) a description of any challenges affecting 
                operators in complying with the requirements of 
                integrity management programs, and how those challenges 
                are being addressed.

SEC. 5. TECHNICAL SAFETY STANDARDS COMMITTEES.

  Section 60115(b)(4)(A) is amended by striking ``State commissioners. 
The Secretary shall consult with the national organization of State 
commissions before selecting those 2 individuals.'' and inserting 
``State officials. The Secretary shall consult with national 
organizations representing State commissioners or utility regulators 
when making a selection under this subparagraph.''.

SEC. 6. INSPECTION REPORT INFORMATION.

  Section 60108 is amended by adding at the end the following:
  ``(e) In General.--Not later than 30 days after the completion of a 
pipeline safety inspection, the Secretary or the State authority for 
which a certification is in effect under section 60105, as applicable, 
shall--
          ``(1) conduct a post-inspection briefing with the operator of 
        the pipeline facility, outlining any concerns; and
          ``(2) to the extent practicable, provide written findings of 
        the inspection, which may include a final report, notice of 
        amendment of plans or procedures, safety order, or corrective 
        action order, or any other applicable report, notice, or 
        order.''.

SEC. 7. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

  (a) Study and Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall conduct a 
study on improving the requirements for damage prevention programs for 
pipeline facilities, and shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce of the House 
of Representatives a report on the results of such study.
  (b) Contents.--The Secretary shall include in the report submitted 
under subsection (a)--
          (1) an identification of any methods that could improve 
        existing damage prevention programs through location and 
        mapping practices or technologies to reduce unintended releases 
        caused by excavation;
          (2) an analysis of how increased use of global positioning 
        system digital mapping technologies, predictive analytic tools, 
        public awareness initiatives (including one-call initiatives), 
        mobile devices, and other advanced technologies could 
        supplement existing one-call notification and damage prevention 
        programs to reduce the frequency and severity of incidents 
        caused by excavation damage;
          (3) an analysis of the feasibility of establishing a national 
        data repository for pipeline excavation accident data to 
        improve the storage and sharing of pipeline accident 
        information;
          (4) an identification of opportunities for stakeholder 
        engagement in preventing excavation damage; and
          (5) recommendations, which take into consideration technical, 
        operational, and economic feasibility, regarding how to 
        incorporate into existing damage prevention programs 
        improvements identified or analyzed under paragraphs (1) 
        through (4).

SEC. 8. DIRECT HIRE AUTHORITY FOR PIPELINE AND HAZARDOUS MATERIALS 
                    SAFETY ADMINISTRATION.

  (a) Direct Hire Authority.--
          (1) Authority.--The Administrator of the Pipeline and 
        Hazardous Materials Safety Administration may appoint qualified 
        candidates to positions described in paragraph (2) without 
        regard to sections 3309 through 3319 of title 5, United States 
        Code.
          (2) Applicability.--The authority under paragraph (1) applies 
        with respect to candidates for any position that would likely 
        allow increased activities relating to pipeline safety, as 
        determined by the Administrator.
          (3) Termination.--The authority to make appointments under 
        this subsection shall not be available after December 31, 2019.
  (b) Report.--Not later than 180 days after the date of enactment of 
this Act, and annually thereafter through calendar year 2019, the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall submit to Congress a report on--
          (1) the use of the authority granted under this section; and
          (2) efforts of the Administration to hire women, minorities, 
        and veterans as inspectors.

SEC. 9. INFORMATION-SHARING SYSTEM.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall convene a 
working group to consider the development of a voluntary information-
sharing system to encourage collaborative efforts to improve inspection 
information feedback and information sharing with the purpose of 
improving natural gas and hazardous liquid pipeline facility risk 
assessment and integrity management.
  (b) Membership.--The working group convened under subsection (a) 
shall include representatives from--
          (1) the Pipeline and Hazardous Materials Safety 
        Administration;
          (2) industry stakeholders, including operators of pipeline 
        facilities, inspection technology, coating, and cathodic 
        protection vendors, and pipeline inspection organizations;
          (3) safety advocacy groups;
          (4) research institutions;
          (5) State public utility commissions or State officials 
        responsible for pipeline safety oversight;
          (6) State pipeline safety inspectors; and
          (7) labor representatives.
  (c) Considerations.--The working group convened under subsection (a) 
shall consider and provide recommendations, if applicable, to the 
Secretary regarding--
          (1) the management of proprietary or security-sensitive 
        information, specific incident response resources, and 
        information relating to a worst case discharge;
          (2) the need for, and the identification of, a system to 
        ensure that data gathered from field verification of pipeline 
        integrity are shared with in-line inspection operators;
          (3) actions to encourage or facilitate the exchange of 
        pipeline inspection information and promote the development of 
        advanced pipeline inspection technologies and risk assessment 
        methodologies; and
          (4) regulatory, funding, and legal barriers to information 
        sharing.
  (d) Publication.--The Secretary shall publish the recommendations 
provided under subsection (c) on a publicly available website.

SEC. 10. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.

  (a) Report.--Not later than 18 months after the date of the enactment 
of this Act, the Secretary of Transportation shall submit a report to 
Congress on the feasibility of establishing a national integrated 
pipeline safety regulatory inspection database to improve communication 
and collaboration between the Pipeline and Hazardous Materials Safety 
Administration and State pipeline regulators.
  (b) Contents.--The report submitted under subsection (a) shall 
include--
          (1) a description of any efforts underway to test a secure 
        information-sharing system for the purpose described in 
        subsection (a);
          (2) a description of any progress in establishing common 
        standards for maintaining, collecting, and presenting pipeline 
        safety regulatory inspection data, and a methodology for the 
        sharing of such data;
          (3) a description of any inadequacies or gaps in data 
        relating to Federal inspections, enforcement actions, 
        geospatial information, or any other relevant pipeline safety 
        regulatory information;
          (4) a description of the potential safety benefits of a 
        national integrated pipeline safety regulatory inspection 
        database; and
          (5) recommendations for how to implement a secure 
        information-sharing system that protects proprietary and 
        security-sensitive information and data for the purpose 
        described in subsection (a).
  (c) Consultation.--In preparing the report under subsection (a), the 
Secretary shall consult with stakeholders, including each State 
authority operating under a certification to regulate intrastate 
pipelines under section 60105 of title 49, United States Code.

SEC. 11. UNDERGROUND GAS STORAGE FACILITIES.

  (a) Defined Term.--Section 60101(a) is amended--
          (1) in paragraph (21), by striking the period at the end and 
        inserting a semicolon;
          (2) in paragraph (22), by striking the period at the end and 
        inserting a semicolon;
          (3) in paragraph (24), by striking ``and'' at the end;
          (4) in paragraph (25), by striking the period at the end and 
        inserting ``; and'' ; and
          (5) by adding at the end the following:
          ``(26) `underground gas storage facility' means a gas 
        pipeline facility that stores gas in an underground facility, 
        including--
                  ``(A) a depleted hydrocarbon reservoir;
                  ``(B) an aquifer reservoir; or
                  ``(C) a solution-mined salt cavern reservoir.''.
  (b) Standards for Underground Gas Storage Facilities.--Chapter 601 is 
amended by inserting after section 60103 the following:

``Sec. 60103a. Standards for underground gas storage facilities

  ``(a) Minimum Safety Standards.--Not later than 2 years after the 
date of the enactment of this section, the Secretary of Transportation, 
in consultation with the heads of other relevant Federal agencies, 
shall issue minimum safety standards, incorporating, to the extent 
practicable, consensus standards for the operation and integrity 
management of, and environmental protection with respect to, 
underground gas storage facilities.
  ``(b) Considerations.--In developing safety standards under 
subsection (a), the Secretary shall--
          ``(1) consider the economic impacts of the standards on 
        consumers, including individual gas customers, and minimize 
        such impacts to the extent practicable; and
          ``(2) consider existing consensus standards.
  ``(c) Federal-State Cooperation.--The Secretary may authorize a State 
authority (including a municipality) to participate in the oversight of 
underground gas storage facilities in the same manner as provided in 
sections 60105 and 60106.
  ``(d) Rules of Construction.--
          ``(1) In general.--Nothing in this section may be construed 
        to affect any Federal regulation relating to gas pipeline 
        facilities that is in effect on the day before the date of 
        enactment of this section.
          ``(2) Limitations.--Nothing in this section may be construed 
        to authorize the Secretary--
                  ``(A) to prescribe the location of an underground gas 
                storage facility; or
                  ``(B) to require the Secretary's permission to 
                construct an underground gas storage facility.''.
  (c) User Fees.--Section 60301 is amended--
          (1) in subsection (b), by inserting ``an underground gas 
        storage facility,'' before ``or a hazardous liquid pipeline 
        facility'';
          (2) in subsection (d)(1)--
                  (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon; and
                  (B) by adding at the end the following:
          ``(C) related to an underground gas storage facility may be 
        used only for an activity related to underground gas storage 
        safety under section 60103a; and''; and
          (3) by adding at the end the following:
  ``(f) Underground Gas Storage Facility Account.--
          ``(1) Account.--There is established, in the fund established 
        in the Treasury of the United States pursuant to this section, 
        an underground gas storage facility safety account.
          ``(2) Deposit of fees.--A fee collected under subsection (a) 
        from a person operating an underground gas storage facility 
        shall be deposited in the account established under paragraph 
        (1).''.
  (d) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60103 the 
following:

``60103a. Standards for underground gas storage facilities.''.

SEC. 12. REQUIREMENTS FOR CERTAIN HAZARDOUS LIQUID PIPELINE FACILITIES.

  Section 60109 is amended by adding at the end the following:
  ``(g) Hazardous Liquid Pipeline Facilities.--
          ``(1) Integrity assessments.--Notwithstanding any pipeline 
        integrity management program or integrity assessment schedule 
        otherwise required by the Secretary, each operator of a 
        pipeline facility to which this subsection applies shall ensure 
        that pipeline integrity assessments--
                  ``(A) using internal inspection technology are 
                completed not less often than once every 12 months; and
                  ``(B) using pipeline route surveys, depth of cover 
                surveys, pressure tests, external corrosion direct 
                assessment, or other technology that the operator 
                demonstrates can further the understanding of the 
                condition of the pipeline facility are completed on a 
                schedule based on the risk that the pipeline facility 
                poses to the high consequence area in which the 
                pipeline facility is located.
          ``(2) Application.--This subsection shall apply to any 
        underwater hazardous liquid pipeline facility located in a high 
        consequence area--
                  ``(A) that is not an offshore pipeline facility; and
                  ``(B) any portion of which is located at depths 
                greater than 150 feet under the surface of the water.
          ``(3) High consequence area defined.--For purposes of this 
        subsection, the term `high consequence area' has the meaning 
        given that term in section 195.450 of title 49, Code of Federal 
        Regulations.
          ``(4) Inspection and enforcement.--The Secretary shall 
        conduct inspections under section 60117(c) to determine whether 
        each operator of a pipeline facility to which this subsection 
        applies is complying with this section.''.

SEC. 13. RESPONSE PLANS.

  The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall require, and each operator of a pipeline facility 
shall ensure, that any response plan under part 194 of title 49, Code 
of Federal Regulations, includes procedures and a list of resources for 
responding, to the extent practicable, to a worst case discharge of oil 
and to a substantial threat of such a discharge, including when such 
discharge may impact navigable waters or adjoining shorelines that may 
be covered in whole or in part by ice.

SEC. 14. UNUSUALLY SENSITIVE AREAS.

  Section 60109(b)(2) is amended by striking ``have been identified 
as'' and inserting ``are part of the Great Lakes or have been 
identified as coastal beaches,''.

SEC. 15. EMERGENCY ORDER AUTHORITY.

  Section 60117 of title 49, United States Code, is amended by adding 
at the end the following:
  ``(o) Emergency Order Authority.--
          ``(1) In general.--If the Secretary determines that an unsafe 
        condition or practice, or a combination of unsafe conditions 
        and practices, constitutes or is causing an imminent hazard, 
        the Secretary may issue an emergency order described in 
        paragraph (3) imposing emergency restrictions, prohibitions, 
        and safety measures on owners and operators of gas or hazardous 
        liquid pipeline facilities without prior notice or an 
        opportunity for a hearing, but only to the extent necessary to 
        abate the imminent hazard.
          ``(2) Considerations.--Before issuing an emergency order 
        under paragraph (1), the Secretary shall consider, after 
        consultation with appropriate Federal agencies, State agencies, 
        or other entities, the following, as appropriate:
                  ``(A) The impact of the emergency order on public 
                health and safety.
                  ``(B) The impact, if any, of the emergency order on 
                the national or regional economy or national security.
                  ``(C) The impact of the emergency order on owners and 
                operators of pipeline facilities.
          ``(3) Written order.--An emergency order issued by the 
        Secretary pursuant to paragraph (1) with respect to an imminent 
        hazard shall contain a written description of--
                  ``(A) the violation, condition, or practice that 
                constitutes or is causing the imminent hazard;
                  ``(B) the entities subject to the order;
                  ``(C) the restrictions, prohibitions, or safety 
                measures imposed;
                  ``(D) the standards and procedures for obtaining 
                relief from the order;
                  ``(E) how the order is tailored to abate the imminent 
                hazard and the reasons the authorities under sections 
                60112 and 60117(l) are insufficient to do so; and
                  ``(F) how the considerations were taken into account 
                pursuant to paragraph (2).
          ``(4) Opportunity for review.--Upon receipt of a petition for 
        review from an entity subject to, and adversely affected by, an 
        emergency order issued under this subsection, the Secretary 
        shall provide an opportunity for a review of the order under 
        section 554 of title 5 to determine whether the order should 
        remain in effect, be modified, or be terminated.
          ``(5) Expiration of effectiveness order.--If a petition for 
        review of an emergency order is filed under paragraph (4) and 
        an agency decision with respect to the petition is not issued 
        on or before the last day of the 30-day period beginning on the 
        date on which the petition is filed, the order shall cease to 
        be effective on such day, unless the Secretary determines in 
        writing on or before the last day of such period that the 
        imminent hazard still exists.
          ``(6) Judicial review of orders.--After a final agency action 
        under the review process described in paragraph (4), or the 
        issuance of a written determination by the Secretary pursuant 
        to paragraph (5), an entity subject to, and adversely affected 
        by, an emergency order issued under this subsection may seek 
        judicial review of the order in a district court of the United 
        States and shall be given expedited consideration.
          ``(7) Regulations.--
                  ``(A) Temporary regulations.--Not later than 60 days 
                after the date of enactment of the Pipeline Safety Act 
                of 2016, the Secretary shall issue such temporary 
                regulations as are necessary to carry out this 
                subsection. The temporary regulations shall expire on 
                the date of issuance of the final regulations required 
                under subparagraph (B).
                  ``(B) Final regulations.--Not later than 270 days 
                after such date of enactment, the Secretary shall issue 
                such regulations as are necessary to carry out this 
                subsection. Such regulations shall ensure that the 
                review process described in paragraph (4) contains the 
                same procedures as subsections (d) and (g) of section 
                109.19 of title 49, Code of Federal Regulations, and is 
                otherwise consistent with the review process developed 
                under such section to the greatest extent practicable 
                and not inconsistent with this section.
          ``(8) Imminent hazard defined.--In this subsection, the term 
        `imminent hazard' means the existence of a condition relating 
        to a gas or hazardous liquid pipeline facility that presents a 
        substantial likelihood that death, serious illness, severe 
        personal injury, or a substantial endangerment to health, 
        property, or the environment may occur before the reasonably 
        foreseeable completion date of a formal proceeding begun to 
        lessen the risk of such death, illness, injury, or 
        endangerment.
          ``(9) Limitation and savings clause.--An emergency order 
        issued under this subsection may not be construed to--
                  ``(A) alter, amend, or limit the Secretary's 
                obligations under, or the applicability of, section 553 
                of title 5; or
                  ``(B) provide the authority to amend the Code of 
                Federal Regulations.''.

SEC. 16. PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.

  (a) Audit.--Not later than 1 year after the date of enactment of this 
Act, the Inspector General of the Department of Transportation shall 
submit to Congress a report containing--
          (1) an audit of recipients of a grant under section 60130 of 
        title 49, United States Code, with respect to such grants; and
          (2) a review of compliance with such section by such grant 
        recipients and the Secretary of Transportation.
  (b) Public Participation Limitation.--Section 60130(a)(4) is amended 
by inserting ``on technical pipeline safety issues'' after ``public 
participation''.

SEC. 17. TRANSPARENCY IN INTERAGENCY REVIEW.

  Section 60102(b) is amended by redesignating paragraph (7) as 
paragraph (8) and inserting after paragraph (6) the following:
          ``(7) Transparency in interagency review.--For any standard 
        that is proposed or issued by rule under this chapter, and 
        which is reviewed by the Office of Management and Budget and 
        subsequently noticed in the Federal Register, the Secretary 
        shall--
                  ``(A) make available to the public the factors 
                considered under paragraph (2) and the results of the 
                risk assessment conducted in accordance with paragraph 
                (3), as applicable;
                  ``(B) identify for the public, in a complete, clear, 
                and simple manner, the substantive changes between the 
                draft submitted to the Office of Management and Budget 
                for review and the proposed or final rule subsequently 
                noticed; and
                  ``(C) identify for the public the changes described 
                in subparagraph (B) that were made at the suggestion or 
                the recommendation of the Office of Management and 
                Budget.''.

SEC. 18. CORROSION CONTROL REVIEW.

  (a) In General.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on corrosion control for gas and hazardous liquid 
pipeline facilities.
  (b) Requirements.--The Comptroller General shall include in the 
report under subsection (a)--
          (1) an analysis of corrosion control requirements for gas and 
        hazardous liquid pipeline facilities;
          (2) a review of--
                  (A) common causes of corrosion, including interior 
                and exterior moisture buildup and the impacts of 
                moisture buildup under insulation;
                  (B) corrosion control techniques;
                  (C) best practices relating to pipeline facility 
                design, installation, operation, and maintenance, 
                including training to recognize or prevent corrosion; 
                and
                  (D) the cost and benefits, including safety benefits, 
                associated with the use of such techniques and best 
                practices;
          (3) an evaluation of the effectiveness of corrosion control 
        techniques, including pipeline coatings and cathodic 
        protection; and
          (4) recommendations on ways to improve corrosion control and 
        reduce the incidence of corrosion-related pipeline failures.

SEC. 19. STUDY ON PROPANE GAS PIPELINE FACILITIES.

  (a) In General.--The Secretary of Transportation shall enter into an 
agreement with the Transportation Research Board of the National 
Academy of Sciences under which the Transportation Research Board will 
conduct a study examining regulatory requirements, techniques, and best 
practices applicable to pipeline facilities that transport or store 
only petroleum gas or mixtures of petroleum gas and air to 100 or fewer 
customers, in accordance with the requirements of this section.
  (b) Requirements.--In conducting the study pursuant to subsection 
(a), the Transportation Research Board shall analyze--
          (1) Federal, State, and local regulatory requirements 
        applicable to pipeline facilities described in subsection (a);
          (2) techniques and best practices relating to the design, 
        installation, operation, and maintenance of such pipeline 
        facilities; and
          (3) the costs and benefits associated with such applicable 
        regulatory requirements and the use of such techniques and best 
        practices.
  (c) Recommendations.--In conducting the study pursuant to subsection 
(a), the Transportation Research Board shall identify potentially 
inefficient or duplicative regulatory requirements analyzed pursuant to 
subsection (b) and develop recommendations to enhance safety, reduce 
unnecessary costs, and streamline Federal requirements associated with 
pipeline facilities described in subsection (a).
  (d) Participation.--In conducting the study pursuant to subsection 
(a), the Transportation Research Board shall consult with Federal, 
State, and local governments, private sector entities, and consumer and 
pipeline safety advocates, as appropriate.
  (e) Deadline.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress the results of the 
study conducted pursuant to subsection (a).
  (f) Definition.--In this section, the term ``petroleum gas'' has the 
meaning given that term in section 192.3 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of this Act.

SEC. 20. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES.

  Section 60103 is amended--
          (1) in subsection (a)--
                  (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                  (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                  (C) by inserting after paragraph (6) the following:
          ``(7) national security.''; and
          (2) in subsection (d)--
                  (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                  (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                  (C) by inserting after paragraph (6) the following:
          ``(7) cybersecurity measures.''.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

  (a) Gas and Hazardous Liquid.--Section 60125(a) is amended--
          (1) in paragraph (1), by striking ``there is authorized to be 
        appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $90,679,000, of which $4,746,000 is for carrying 
        out such section 12 and $36,194,000 is for making grants.'' and 
        inserting the following: ``there are authorized to be 
        appropriated to the Department of Transportation from fees 
        collected under section 60301--
                  ``(A) $128,000,000 for fiscal year 2017, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $41,885,000 shall be expended for making 
                grants;
                  ``(B) $131,000,000 for fiscal year 2018, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $44,885,000 shall be expended for making 
                grants;
                  ``(C) $134,000,000 for fiscal year 2019, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $47,885,000 shall be expended for making 
                grants;
                  ``(D) $137,325,000 for fiscal year 2020, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $51,100,000 shall be expended for making 
                grants; and
                  ``(E) $140,733,000 for fiscal year 2021, of which 
                $9,000,000 shall be expended for carrying out such 
                section 12 and $54,550,000 shall be expended for making 
                grants.''; and
          (2) in paragraph (2), by striking ``there is authorized to be 
        appropriated for each of fiscal years 2012 through 2015 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), $18,573,000, of which $2,174,000 is 
        for carrying out such section 12 and $4,558,000 is for making 
        grants.'' and inserting the following: ``there are authorized 
        to be appropriated 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) $22,123,000 for fiscal year 2017, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants;
                  ``(B) $23,000,000 for fiscal year 2018, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants;
                  ``(C) $23,000,000 for fiscal year 2019, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants;
                  ``(D) $23,300,000 for fiscal year 2020, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants; and
                  ``(E) $23,600,000 for fiscal year 2021, of which 
                $3,000,000 shall be expended for carrying out such 
                section 12 and $8,067,000 shall be expended for making 
                grants.''.
  (b) Operational Expenses.--There are authorized to be appropriated to 
the Secretary for the necessary operational expenses of the Pipeline 
and Hazardous Materials Safety Administration the following amounts:
  (1) $22,000,000 for fiscal year 2017.
  (2) $22,000,000 for fiscal year 2018.
  (3) $23,000,000 for fiscal year 2019.
  (4) $23,000,000 for fiscal year 2020.
  (5) $24,000,000 for fiscal year 2021.
  (c) One-Call Notification Programs.--
          (1) In general.--Section 6107 is amended to read as follows:

``Sec. 6107. Funding

  ``Of the amounts provided under section 60125(a)(1), $1,058,000 shall 
be expended in each of fiscal years 2017 through 2021 to provide grants 
to States under section 6106.''.
          (2) Clerical amendment.--The analysis for chapter 61 is 
        amended by striking the item relating to section 6107 and 
        inserting the following:

``6107. Funding.''.

  (d) Pipeline Safety Information Grants to Communities.--Section 
60130(c) is amended to read as follows:
  ``(c) Funding.--Of the amounts made available under section 21(b) of 
the Pipeline Safety Act of 2016, $1,500,000 shall be expended in each 
of fiscal years 2017 through 2021 to carry out this section. Such 
amounts shall not be derived from user fees collected under section 
60301.''.
  (e) Pipeline Integrity Program.--Section 12(f) of the Pipeline Safety 
Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by striking 
``2012 through 2015'' and inserting ``2017 through 2021''.

                          Purpose and Summary

    H.R. 5050, the ``Pipeline Safety Act of 2016,'' was 
introduced by Chairman Fred Upton, Ranking Member Frank 
Pallone, Subcommittee Chairman Ed Whitfield, and Subcommittee 
Ranking Member Bobby Rush on April 26, 2016. The legislation 
reauthorizes the Pipeline and Hazardous Materials Safety 
Administration's (PHMSA) pipeline safety program through fiscal 
year 2021 and contains targeted legislative mandates to 
increase transparency and accountability, complete overdue 
regulations, and improve safety.

                  Background and Need for Legislation

    More than 2.6 million miles of pipelines transport gas and 
hazardous liquids across the United States. The Pipeline and 
Hazardous Materials Safety Administration of the U.S. 
Department of Transportation (DOT) is the lead federal agency 
charged with developing and enforcing regulations to ensure the 
safe, reliable, and environmentally sound operation of 
pipelines. PHMSA's statutory authority is derived from Title 
49, Chapter 601 of the United States Code.
    While pipelines are considered by many to be a safe and 
efficient way to transport and deliver gas and hazardous 
liquids to end users, the incidence of pipeline failures 
remains a cause for concern. Recent accidents, including a 
massive natural gas leak from a well within Aliso Canyon's 
underground storage facility in California, and PHMSA's failure 
to meet deadlines for legislatively-directed safety standards, 
demonstrate the continuing need for Congress to examine, 
update, and strengthen Federal pipeline safety laws and 
regulations.
    The most recent pipeline safety law passed by Congress, the 
``Pipeline Safety, Regulatory Certainty, and Job Creation Act 
of 2011'' (P.L. 112-90, Pipeline Safety Act of 2011), contained 
pipeline safety program spending authorizations that expired in 
2015. The Pipeline Safety Act of 2011 also imposed 42 mandates 
on PHMSA, including studies, new regulations, updated maps, and 
other elements to update the Federal pipeline safety program. 
While PHMSA has fulfilled some of these legislative mandates, 
and recently proposed new regulations to respond to others, 16 
mandates remain incomplete, well beyond the statutorily imposed 
deadlines. Some examples of overdue safety regulations that 
could significantly improve pipeline safety include: 
regulations related to leak detection and emergency shutoff 
valves, integrity management for natural gas pipelines, public 
education and awareness efforts, and accident and incident 
notification.
    H.R. 5050 addresses many of the statutory and regulatory 
shortcomings that have been exposed through the Committee's 
oversight. The legislation contains targeted mandates of PHMSA 
to increase public transparency and accountability, which will 
facilitate the completion of overdue regulations. The 
legislation also strengthens safety standards for certain types 
of facilities, such as underground gas storage reservoirs and 
oil pipelines that cross under deep freshwater bodies. H.R. 
5050 also requires a number studies to inform Congress of 
emerging issues relating to pipeline integrity management, 
damage prevention, and corrosion control.

                                Hearings

    The Subcommittee on Energy and Power held a hearing on a 
discussion draft of H.R. 5050 on March 1, 2016. The Hearing was 
entitled, ``Legislative Hearing to Examine Pipeline Safety 
Reauthorization'' and witnesses included the following:
           The Honorable Marie Therese Dominguez, 
        Administrator, Pipeline and Hazardous Materials Safety 
        Administration, U.S. Department of Transportation;
           Donald Santa, President and CEO, Interstate 
        Natural Gas Association of America;
           Ron Bradley, Vice President of Gas 
        Operations, PECO Energy, (on behalf of the American Gas 
        Association);
           Andrew Black, President and CEO, Association 
        of Oil Pipe Lines;
           Norman J. Saari, Commissioner, Michigan 
        Public Service Commission, (on behalf of the National 
        Association of Regulatory Utility Commissioners); and,
           Carl Weimer, Executive Director, Pipeline 
        Safety Trust.

                        Committee Consideration

    On March 16, 2016, the Subcommittee on Energy and Power met 
in open markup session and ordered a Discussion Draft of H.R. 
_, the Pipeline Safety Act of 2016, favorably reported to the 
full Committee, without amendment, by a voice vote. On April 
26, 27, and 28, 2016, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 5050 favorably reported 
to the House, as amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII 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. 
There were no record votes taken in connection with ordering 
H.R. 5050 reported.

                      Committee Oversight Findings

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

         Statement of General Performance Goals and Objectives

    H.R. 5050 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. 
5050 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 5050 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office 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.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 3, 2016.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5050, the Pipeline 
Safety Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.

H.R. 5050--Pipeline Safety Act of 2016

    Summary: The Pipeline and Hazardous Materials Safety 
Administration (PHMSA) oversees the safety of pipelines that 
transport natural gas or hazardous liquids and provides grants 
to states for programs to ensure pipeline safety. H.R. 5050 
would require PHMSA to pursue a variety of regulatory and 
administrative activities related to such programs and would 
authorize appropriations for those purposes. The bill also 
would authorize PHMSA to establish safety standards for certain 
underground storage facilities for natural gas, assess fees on 
entities that operate such facilities, and spend such fees--
subject to authority provided in advance in appropriation 
acts--to ensure that such facilities meet those standards.
    CBO estimates that implementing H.R. 5050 would result in 
gross appropriations totaling $900 million over the 2017-2021 
period. CBO also estimates that those appropriations would be 
offset by $696 million in fees paid by pipeline owners, which 
are considered offsets to discretionary spending. Assuming 
appropriation actions consistent with the specified and 
estimated amounts, CBO estimates that the resulting net outlays 
would total $83 million over the 2017-2021 period.
    In addition, CBO estimates that enacting H.R. 5050 would 
increase net revenues from assessments on entities that operate 
certain underground natural gas storage facilities by $17 
million over the 2017-2026 period. Pay-as-you-go procedures 
apply because enacting the legislation would affect revenues. 
Enacting H.R. 5050 would not affect direct spending.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    H.R. 5050 would impose intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
by establishing new safety standards for natural gas storage 
facilities and pipelines and by imposing new fees. Based on 
information from PHMSA and industry sources, CBO estimates that 
the cost of the mandates on public entities would fall below 
the annual threshold established in UMRA for intergovernmental 
mandates ($77 million, adjusted annually for inflation). 
Primarily because one of the mandates on private entities would 
depend on future actions by the Secretary of Transportation, 
CBO cannot determine whether the aggregate cost of the mandates 
on private entities would exceed the annual threshold 
established in UMRA for private-sector mandates ($154 million 
in 2016, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 5050 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                         INCREASES OR DECREASES (-) IN SPENDING SUBJECT TO APPROPRIATION
 
Spending for Pipeline Safety and Related Activities:
    Estimated Authorization Level.......................      150      154      157      160      165       786
    Estimated Outlays...................................       74      131      149      158      162       674
Offsetting Collections from User Fees:
    Estimated Authorization Level.......................     -134     -138     -138     -141     -145      -696
    Estimated Outlays...................................     -134     -138     -138     -141     -145      -696
PHMSA Operational Expenses:
    Authorization Level.................................       22       22       23       23       24       114
    Estimated Outlays...................................       15       20       23       23       24       105
    Total Net Changes:
        Estimated Authorization Level...................       38       38       42       42       44       204
        Estimated Outlays...............................      -45       13       34       40       41        83
 
                                             INCREASES IN REVENUESa
 
Assessments for Underground Natural Gas Storage                 0        0        2        2        2         7
 Facilities.............................................
----------------------------------------------------------------------------------------------------------------
Notes: PHMSA = Pipeline and Hazardous Materials Safety Administration; Components may not sum to totals because
  of rounding.
aCBO estimates that enacting H.R. 5050 would increase net revenues by $17 million over the 2019-2026 period.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5050 will be enacted near the start of fiscal year 2017 and the 
amounts authorized and estimated to be necessary over the 2017-
2021 period will be appropriated each year. Estimates of 
outlays are based on historical spending patterns for pipeline 
safety programs.

Spending subject to appropriation

    H.R. 5050 would reauthorize the laws that govern PHMSA's 
role in pipeline safety and authorize appropriations for those 
activities as well as for the agency's general operating 
expenses. The bill would specify new administrative 
requirements and authorize the agency to establish and enforce 
safety standards for certain underground storage facilities for 
natural gas. The bill also would require the Government 
Accountability Office (GAO) and other agencies to conduct a 
variety of studies and reports related to pipeline safety and 
other activities.
    The bill would authorize appropriations for PHMSA totaling 
$172 million in 2017 and $900 million over the 2017-2021 
period; additional amounts would be necessary for agencies 
other than PHMSA to complete required reports. (In addition, 
the bill would authorize appropriations totaling $168 million 
in 2016, the same amount that has already been provided for 
that year.) The authorized and estimated amounts include:
           $786 million specifically authorized for 
        PHMSA's pipeline safety programs;
           $114 million specifically authorized for 
        operating expenses of support organizations within 
        PHMSA; and
           Less than $500,000 estimated to be necessary 
        for GAO and other agencies to carry out various 
        reporting and administrative requirements.
    Assuming appropriation of the authorized and estimated 
amounts, CBO estimates that resulting discretionary outlays 
would total $779 million over the 2017-2021 period and $121 
million in later years. CBO also estimates that those outlays 
would be offset by $696 million in fees paid by entities that 
operate pipelines and related facilities regulated by PHMSA. 
Under current law, such annual fees are based on appropriations 
provided for pipeline safety and related activities and are 
recorded as discretionary offsetting collections.

Revenues

    H.R. 5050 would authorize PHMSA to regulate the safety of 
certain underground natural gas storage facilities. To cover 
the cost of regulating such facilities, the bill would direct 
the Secretary of Transportation to impose fees on entities that 
operate such facilities. In CBO's view, such regulatory fees 
should be recorded as revenues because of their compulsory 
nature. Under the bill, PHMSA's authority to spend those fees 
would be subject to appropriation.
    Based on information from PHMSA and the natural gas 
industry about the anticipated costs to establish and implement 
the proposed safety standards, CBO estimates gross revenues 
from such fees would total about $3 million annually starting 
in 2019 (the year when CBO expects PHMSA would issue 
regulations as required by the bill) and $24 million through 
2026. Because excise taxes and other indirect business taxes 
(such as the proposed assessment under H.R. 5050) reduce the 
base used for calculating income and payroll taxes, higher 
amounts of those indirect business taxes would lead to 
reductions in revenues from income and payroll taxes. As a 
result, gross assessments would be partially offset by a loss 
of receipts of about 25 percent each year. Thus, CBO estimates 
that enacting H.R. 5050 would increase net revenues by $17 
million over the 2019-2026 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. The net changes in revenues that are subject to those 
pay-as-you-go procedures are shown in the following table.

        CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5050, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON ENERGY AND COMMERCE ON APRIL 27, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, in millions of dollars--
                                              ----------------------------------------------------------------------------------------------------------
                                                2016   2017   2018   2019    2020    2021    2022    2023    2024    2025    2026   2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET DECREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact...............      0      0      0      -2      -2      -2      -2      -2      -2      -2      -2        -7        -17
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Increase in long term direct spending and deficits: CBO 
estimates that enacting H.R. 5050 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: H.R. 5050 
would impose intergovernmental and private-sector mandates as 
defined in UMRA by establishing new safety standards for 
storage facilities for natural gas and pipelines and by 
imposing new fees. Based on information from PHMSA and industry 
sources, CBO estimates that the cost of the mandates on public 
entities would fall below the annual threshold established in 
UMRA for intergovernmental mandates ($77 million, adjusted 
annually for inflation). Primarily because one of the mandates 
on private entities would depend on future actions by the 
Secretary of Transportation, CBO cannot determine whether the 
aggregate cost of the mandates on private entities would exceed 
the annual threshold established in UMRA for private-sector 
mandates ($154 million in 2016, adjusted annually for 
inflation).

Mandates that apply to both public and private entities

    Standards and Fees for Underground Natural Gas Storage 
Facilities. The bill would impose a mandate on operators of 
underground storage facilities for natural gas by establishing 
new safety standards for those facilities. According to the 
Department of Energy, there are about 400 such facilities in 
the United States, and the majority of the facilities are 
operated by private entities. Organizations representing gas 
pipeline companies recently adopted voluntary standards for 
ensuring the safety and integrity of storage facilities for 
natural gas. CBO estimates that the incremental cost of the 
mandate would be minimal for facilities that are currently 
working to comply with those industry standards. However, based 
on information from industry sources, CBO estimates that the 
aggregate cost of the mandate on all facilities could total 
tens of millions of dollars annually.
    The bill also would impose a mandate on operators of 
underground storage facilities for natural gas by requiring 
those operators to pay fees to the Secretary of Transportation. 
The fees would be used to offset the cost of establishing and 
implementing the safety standards for those facilities. CBO 
estimates that those fees would total $3 million annually 
beginning in 2019.
    Emergency Orders. The bill would authorize the Secretary of 
Transportation to issue emergency orders to address imminent 
hazards at gas and hazardous liquid pipeline facilities. Those 
orders would require owners and operators of those facilities 
to comply with emergency restrictions, prohibitions, and safety 
measures. The cost of the mandate would depend on the nature 
and scope of emergency orders issued by the Secretary of 
Transportation. While there is uncertainty surrounding the 
potential scope and frequency of such orders, the Secretary of 
Transportation has issued few emergency orders in recent years 
tied to the transport of hazardous materials. We expect 
emergency orders resulting from the bill's provisions to be 
similarly restrained, but they could result in significant 
costs to private entities, depending on the nature of the event 
and the resulting order. Because few pipelines are owned by 
public entities, CBO expects that the potential costs on state, 
local, or tribal entities of complying with future emergency 
orders would be small.
    Oil Spill Response Plans. The bill would require operators 
of pipelines that contain hazardous liquids to consider the 
effects of oil discharges into navigable waters that contain 
ice and areas adjoining those waters when they prepare response 
plans for oil spills. The bill would impose a mandate if 
operators need to amend current plans to address discharges 
onto ice. The bill also would impose a mandate by requiring 
pipeline operators that contract for oil spill response 
resources to provide a list of those resources in their 
response plans. Operators of oil pipelines must prepare and 
periodically update response plans pursuant to current law, and 
CBO anticipates that pipeline operators could amend plans at 
the next scheduled update. Consequently, CBO estimates that the 
incremental cost of the mandates would not be significant.

Mandate that applies to private entities only

    The bill would require certain onshore pipelines that cross 
water to increase the frequency of pipeline integrity 
assessments. Based on information from industry sources, CBO 
expects that the mandate would apply to one pipeline and 
estimates that the cost of conducting additional inspections 
would not exceed $1 million over the first five years that the 
mandate is in effect.
    Previous CBO estimate: CBO has issued two other cost 
estimates for legislation that would reauthorize PHMSA's 
activities related to pipeline safety:
           On February 23, 2016, CBO transmitted a cost 
        estimate for S. 2276, the SAFE PIPES Act, as ordered 
        reported by the Senate Committee on Commerce, Science, 
        and Transportation on December 9, 2015; and
           On May 27, 2016, CBO transmitted a cost 
        estimate for H.R. 4937, the PIPES Act of 2016, as 
        ordered reported by the House Committee on 
        Transportation and Infrastructure on April 20, 2016.
    Our estimate of spending subject to appropriation under 
H.R. 5050 is larger than our estimates of such spending under 
S. 2276 and H.R. 4937 primarily because H.R. 5050 would 
authorize funding through 2021 while the other bills would 
authorize appropriations only through 2019.
    In addition, all three bills would authorize PHMSA to 
regulate certain underground natural gas storage facilities and 
assess fees for that purpose. Our estimate of increased net 
revenues from such fees is the same under each bill.
    H.R. 5050 contains most of the mandates identified by CBO 
in H.R. 4937, including a requirement to comply with emergency 
orders, and all of the mandates identified by CBO in S. 2276. 
The threshold determinations for H.R. 5050 and H.R. 4937 are 
the same. The threshold determination for private-sector 
mandates is different for S. 2276 because S. 2276 does not 
contain the mandate that would require private entities to 
comply with emergency orders issued by the Secretary of 
Transportation.
    Estimate prepared by: Federal Costs and Revenues: Megan 
Carroll; Impact on State, Local, and Tribal Governments: Jon 
Sperl; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, 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.

                    Duplication of Federal Programs

    No provision of H.R. 5050 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

    The Committee estimates that enacting H.R. 5050 
specifically directs to be completed no rule makings within the 
meaning of 5 U.S.C. 551.

                      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 the Legislation


Section 1. Short title; References; Table of contents

    Section 1 provides the short title of ``Pipeline Safety Act 
of 2016.''

Section 2. Regulatory updates

    Section 2 requires the Secretary of Transportation to 
report to Congress on outstanding regulations for which no 
interim or final rule has been issued. The contents of the 
report shall include, for each outstanding regulation, a 
description of the work plan, timeline, current staff 
allocations, resource constraints, and any other details that 
affect the progress of the rulemaking process.

Section 3. Statutory preference

    Section 3 requires the Administrator of PHMSA to complete 
the rulemaking process for regulations required by the Pipeline 
Safety Act of 2011 or any other law for which more than two 
years have passed since the statutory deadline before beginning 
any new rulemaking process. The Committee intends for the 
limitation on new rulemakings to apply only to pipeline safety-
related rulemakings. This section provides an exception to 
allow the Administrator to begin a new rulemaking if the 
Secretary of Transportation determines that there is a 
significant need and notifies Congress.

Section 4. Integrity management review

    Section 4 requires the Comptroller General to report to 
Congress on integrity management programs for natural gas and 
liquid pipeline facilities. The contents of the report shall 
include an analysis of the extent to which integrity management 
programs have improved safety; an analysis and recommendations 
on ways to enhance pipeline safety; and a description of any 
challenges affecting regulators in their oversight of and 
operators in complying with the requirements of the integrity 
management programs.

Section 5. Technical safety standards committees

    Section 5 requires the Secretary to consult with ``utility 
regulators,'' in addition to a national organization 
representing State commissioners, when choosing participants 
for technical safety standards committees.

Section 6. Inspection report information

    Section 6 requires the Secretary of Transportation, no 
later than thirty days after the completion of a pipeline 
inspection, to conduct a post-inspection briefing with the 
operator outlining any concerns and, to the extent practicable, 
provide written findings of the inspection. The written 
findings may include a final report, notice of amendment of 
plans or procedures, safety order, corrective action order, or 
any other applicable report, notice, or order.

Section 7. Improving damage prevention technology

    Section 7 requires the Secretary of Transportation to 
conduct a study and report to Congress on methods to improve 
damage prevention programs for pipeline facilities.

Section 8. Direct hire authority for pipeline and hazardous materials 
        safety administration

    Section 8 authorizes the Administrator of PHMSA to appoint 
qualified candidates to pipeline safety-related positions 
without regard to sections 3309 through 3318 of title 5, United 
States Code in order to fill vacancies to meet a critical 
hiring need. This section also requires a report to Congress on 
the use of the authority and PHMSA's efforts to hire women, 
minorities, and veterans as inspectors.

Section 9. Information-sharing system

    Section 9 requires the Secretary of Transportation to 
convene a working group to consider the development of a 
voluntary information-sharing system to encourage collaborative 
efforts to improve inspection information feedback and 
information sharing. The working group shall include 
representatives from PHMSA, industry stakeholders, safety 
advocates, research institutions, State pipeline safety 
inspectors, and labor representatives.

Section 10. Nationwide integrated pipeline safety regulatory database

    Section 10 requires the Secretary of Transportation to 
report to Congress on the feasibility of establishing a 
nationwide integrated pipeline safety regulatory inspection 
database to improve communication and collaboration between 
PHMSA and State pipeline regulators.

Section 11. Underground gas storage facilities

    Section 11 requires the Secretary of Transportation to 
issue minimum safety standards for the operation and integrity 
management of underground gas storage facilities no later than 
two years after the date of enactment. This section authorizes 
the Secretary to collect a fee from underground gas storage 
facility operators to cover the cost of establishing and 
implementing safety standards for underground gas storage 
facilities. The fees are to be deposited into the underground 
gas storage facility safety account established in the Treasury 
pursuant to this section.

Section 12. Requirements for certain hazardous liquid pipeline 
        facilities

    Section 12 requires operators of onshore, underwater 
pipeline facilities located at depths greater than 150 feet 
below the surface to conduct internal inspections annually, and 
other types of integrity assessments on a risk-based schedule.

Section 13. Response plans

    Section 13 requires PHMSA and the pipeline operator to 
ensure that emergency response plans include procedures and a 
list of resources for responding to a worst case discharge of 
oil, including when it may impact navigable waters or adjoining 
shorelines that may be covered in whole or in part by ice.

Section 14. Unusually sensitive areas

    Section 14 adds the Great Lakes and coastal beaches to the 
list of areas that the Secretary is required to consider when 
describing areas that are unusually sensitive to environmental 
damage if there is a hazardous liquid pipeline accident.

Section 15. Emergency operation controls

    Section 15 provides PHMSA with emergency authority to order 
emergency restrictions, prohibitions, and safety measures to 
abate an imminent hazard that presents a substantial likelihood 
of death, serious illness, severe personal injury or a 
substantial danger to health, property, or the environment. 
Before issuing an order, PHMSA is required to consider its 
impact on public health and safety, the economy, and pipeline 
owners and operators. In issuing the written order, PHMSA is 
required to define the emergency necessitating the action and 
the entities subject to it, and demonstrate how it is tailored 
to abate the imminent hazard. Under this section, PHMSA must 
also describe how its authorities under sections 60112 and 
60117(1) are insufficient to abate the imminent hazard.
    While an emergency order can be issued without prior notice 
or opportunity for a hearing, the Committee intends for PHMSA 
to provide adequate and timely opportunity for review to 
determine whether the order should remain in effect, be 
modified, or be terminated. Under this section, if the review 
is not completed by the end of a 30-day period, the order will 
cease to be effective. Additionally, this section allows for 
expedited judicial review in a U.S. District Court.
    Section 15 requires the Secretary to issue temporary 
regulations to carry out the authorities provided not later 
than 60 days, and final regulations not later than 270 days, 
after such date of enactment. The Committee intends for PHMSA 
to issue the final regulations expeditiously. The Committee 
does not intend for emergency authority to be used in place of 
a formal rulemaking proceeding, and this section contains a 
savings clause to clarify that an emergency order issued under 
this section may not be used to amend the Code of Federal 
Regulations.

Section 16. Pipeline safety information grants to communities

    Section 16 requires the Inspector General of the Department 
of Transportation to conduct an audit of the Technical 
Assistance Grant program to review compliance by PHMSA and 
grant recipients. This section also amends the statute to 
clarify the definition of technical assistance.

Section 17. Transparency in interagency review

    Section 17 requires PHMSA to make the cost-benefit analyses 
of its rulemakings public and identify the substantive changes 
between a draft rulemaking submitted to the Office of 
Management and Budget (OMB) for review and the final version 
posted in the Federal Register. This section also requires 
PHMSA to identify those changes made at the suggestion or 
recommendation of OMB. This section responds to the Committee's 
concerns that PHMSA has been unable to complete a number of 
legislative mandates by the statutorily imposed deadlines and 
that PHMSA's disagreements with OMB during interagency review 
may have contributed to these delays.

Section 18. Study on corrosion control and prevention for gas and 
        hazardous liquid pipelines

    Section 18 requires the Comptroller General to conduct a 
study on construction materials and technologies for corrosion 
control and prevention for gas and hazardous liquid pipelines. 
The report is required to be submitted to Congress no more than 
18 months after the date of the enactment of this act.

Section 19. Study on propane gas pipeline facilities

    Section 19 requires the Secretary of Transportation to 
enter into an agreement with the Transportation Research Board 
(TRB) of the National Academy of Sciences to conduct a study on 
propane gas facilities that serve 100 or fewer customers. The 
purpose of the study is to provide Congress with 
recommendations on ways to enhance safety and streamline 
Federal regulation of such facilities.

Section 20. Standards for liquefied natural gas pipeline facilities

    Section 20 requires PHMSA to consider national security 
when prescribing minimum safety standards for deciding on the 
location of a new liquefied natural gas pipeline facility. This 
section also requires PHMSA to consider cybersecurity measures 
when prescribing minimum operating and maintenance standards 
for such facilities.

Section 21. Authorization of appropriations

    Section 19 reauthorizes PHMSA's gas and hazardous liquid 
programs, operational expenses, One-Call notification program, 
pipeline safety information grants to communities, and pipeline 
integrity program from fiscal years 2017 through 2021.

         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 italics, and 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.
6101. Purposes.
     * * * * * * *
[6107. Authorization of appropriations.]
6107. Funding.

           *       *       *       *       *       *       *


[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 2012 through 
2015.
  [(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 2012 
through 2015.]

Sec. 6107. Funding

  Of the amounts provided under section 60125(a)(1), $1,058,000 
shall be expended in each of fiscal years 2017 through 2021 to 
provide grants to States under section 6106.

           *       *       *       *       *       *       *


SUBTITLE VIII--PIPELINES

           *       *       *       *       *       *       *


                          CHAPTER 601--SAFETY

Sec.
60101. Definitions.
     * * * * * * *
60103a. Standards for underground gas storage facilities.

           *       *       *       *       *       *       *


Sec. 60101. Definitions

  (a) General.--In this chapter--
          (1) ``existing liquefied natural gas facility''--
                  (A) means a liquefied natural gas facility 
                for which an application to approve the site, 
                construction, or operation of the facility was 
                filed before March 1, 1978, with--
                          (i) the Federal Energy Regulatory 
                        Commission (or any predecessor); or
                          (ii) the appropriate State or local 
                        authority, if the facility is not 
                        subject to the jurisdiction of the 
                        Commission under the Natural Gas Act 
                        (15 U.S.C. 717 et seq.); but
                  (B) does not include a facility on which 
                construction is begun after November 29, 1979, 
                without the approval;
          (2) ``gas'' means natural gas, flammable gas, or 
        toxic or corrosive gas;
          (3) ``gas pipeline facility'' includes a pipeline, a 
        right of way, a facility, a building, or equipment used 
        in transporting gas or treating gas during its 
        transportation;
          (4) ``hazardous liquid'' means--
                  (A) petroleum or a petroleum product;
                  (B) nonpetroleum fuel, including biofuel, 
                that is flammable, toxic, or corrosive or would 
                be harmful to the environment if released in 
                significant quantities; and
                  (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);
          (5) ``hazardous liquid pipeline facility'' includes a 
        pipeline, a right of way, a facility, a building, or 
        equipment used or intended to be used in transporting 
        hazardous liquid;
          (6) ``interstate gas pipeline facility'' means a gas 
        pipeline facility--
                  (A) used to transport gas; and
                  (B) subject to the jurisdiction of the 
                Commission under the Natural Gas Act (15 U.S.C. 
                717 et seq.);
          (7) ``interstate hazardous liquid pipeline facility'' 
        means a hazardous liquid pipeline facility used to 
        transport hazardous liquid in interstate or foreign 
        commerce;
          (8) ``interstate or foreign commerce''--
                  (A) related to gas, means commerce--
                          (i) between a place in a State and a 
                        place outside that State; or
                          (ii) that affects any commerce 
                        described in subclause (A)(i) of this 
                        clause; and
                  (B) related to hazardous liquid, means 
                commerce between--
                          (i) a place in a State and a place 
                        outside that State; or
                          (ii) places in the same State through 
                        a place outside the State;
          (9) ``intrastate gas pipeline facility'' means a gas 
        pipeline facility and transportation of gas within a 
        State not subject to the jurisdiction of the Commission 
        under the Natural Gas Act (15 U.S.C. 717 et seq.);
          (10) ``intrastate hazardous liquid pipeline 
        facility'' means a hazardous liquid pipeline facility 
        that is not an interstate hazardous liquid pipeline 
        facility;
          (11) ``liquefied natural gas'' means natural gas in a 
        liquid or semisolid state;
          (12) ``liquefied natural gas accident'' means a 
        release, burning, or explosion of liquefied natural gas 
        from any cause, except a release, burning, or explosion 
        that, under regulations prescribed by the Secretary, 
        does not pose a threat to public health or safety, 
        property, or the environment;
          (13) ``liquefied natural gas conversion'' means 
        conversion of natural gas into liquefied natural gas or 
        conversion of liquefied natural gas into natural gas;
          (14) ``liquefied natural gas pipeline facility''--
                  (A) means a gas pipeline facility used for 
                transporting or storing liquefied natural gas, 
                or for liquefied natural gas conversion, in 
                interstate or foreign commerce; but
                  (B) does not include any part of a structure 
                or equipment located in navigable waters (as 
                defined in section 3 of the Federal Power Act 
                (16 U.S.C. 796));
          (15) ``municipality'' means a political subdivision 
        of a State;
          (16) ``new liquefied natural gas pipeline facility'' 
        means a liquefied natural gas pipeline facility except 
        an existing liquefied natural gas pipeline facility;
          (17) ``person'', in addition to its meaning under 
        section 1 of title 1 (except as to societies), includes 
        a State, a municipality, and a trustee, receiver, 
        assignee, or personal representative of a person;
          (18) ``pipeline facility'' means a gas pipeline 
        facility and a hazardous liquid pipeline facility;
          (19) ``pipeline transportation'' means transporting 
        gas and transporting hazardous liquid;
          (20) ``State'' means a State of the United States, 
        the District of Columbia, and Puerto Rico;
          (21) ``transporting gas''--
                  (A) means--
                          (i) the gathering, transmission, or 
                        distribution of gas by pipeline, or the 
                        storage of gas, in interstate or 
                        foreign commerce; and
                          (ii) the movement of gas through 
                        regulated gathering lines; but (B) does 
                        not include gathering gas (except 
                        through regulated gathering lines) in a 
                        rural area outside a populated area 
                        designated by the Secretary as a 
                        nonrural area[.];
          (22) ``transporting hazardous liquid''--
                  (A) means--
                          (i) the movement of hazardous liquid 
                        by pipeline, or the storage of 
                        hazardous liquid incidental to the 
                        movement of hazardous liquid by 
                        pipeline, in or affecting interstate or 
                        foreign commerce; and
                          (ii) the movement of hazardous liquid 
                        through regulated gathering lines; but
                  (B) does not include moving hazardous liquid 
                through--
                          (i) gathering lines (except regulated 
                        gathering lines) in a rural area;
                          (ii) onshore production, refining, or 
                        manufacturing facilities; or
                          (iii) storage or in-plant piping 
                        systems associated with onshore 
                        production, refining, or manufacturing 
                        facilities[.];
          (23) ``risk management'' means the systematic 
        application, by the owner or operator of a pipeline 
        facility, of management policies, procedures, finite 
        resources, and practices to the tasks of identifying, 
        analyzing, assessing, reducing, and controlling risk in 
        order to protect employees, the general public, the 
        environment, and pipeline facilities;
          (24) ``risk management plan'' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility 
        owner or operator that encompasses risk management; 
        [and]
          (25) ``Secretary'' means the Secretary of 
        Transportation[.]; and
          (26) ``underground gas storage facility'' means a gas 
        pipeline facility that stores gas in an underground 
        facility, including--
                  (A) a depleted hydrocarbon reservoir;
                  (B) an aquifer reservoir; or
                  (C) a solution-mined salt cavern reservoir.
  (b) Gathering Lines.--(1)(A) Not later than October 24, 1994, 
the Secretary shall prescribe standards defining the term 
``gathering line''.
  (B) In defining ``gathering line'' for gas, the Secretary--
          (i) shall consider functional and operational 
        characteristics of the lines to be included in the 
        definition; and
          (ii) is not bound by a classification the Commission 
        establishes under the Natural Gas Act (15 U.S.C. 717 et 
        seq.).
  (2)(A) Not later than October 24, 1995, the Secretary, if 
appropriate, shall prescribe standards defining the term 
``regulated gathering line''. In defining the term, the 
Secretary shall consider factors such as location, length of 
line from the well site, operating pressure, throughput, and 
the composition of the transported gas or hazardous liquid, as 
appropriate, in deciding on the types of lines that 
functionally are gathering but should be regulated under this 
chapter because of specific physical characteristics.
  (B)(i) The Secretary also shall consider diameter when 
defining ``regulated gathering line'' for hazardous liquid.
  (ii) The definition of ``regulated gathering line'' for 
hazardous liquid may not include a crude oil gathering line 
that has a nominal diameter of not more than 6 inches, is 
operated at low pressure, and is located in a rural area that 
is not unusually sensitive to environmental damage.

Sec. 60102. Purpose and general authority

  (a) Purpose and Minimum Safety Standards.--
          (1) Purpose.--The purpose of this chapter is to 
        provide adequate protection against risks to life and 
        property posed by pipeline transportation and pipeline 
        facilities by improving the regulatory and enforcement 
        authority of the Secretary of Transportation.
          (2) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards for pipeline 
        transportation and for pipeline facilities. The 
        standards--
                  (A) apply to any or all of the owners or 
                operators of pipeline facilities;
                  (B) may apply to the design, installation, 
                inspection, emergency plans and procedures, 
                testing, construction, extension, operation, 
                replacement, and maintenance of pipeline 
                facilities; and
                  (C) shall include a requirement that all 
                individuals who operate and maintain pipeline 
                facilities shall be qualified to operate and 
                maintain the pipeline facilities.
          (3) Qualifications of pipeline operators.--The 
        qualifications applicable to an individual who operates 
        and maintains a pipeline facility shall address the 
        ability to recognize and react appropriately to 
        abnormal operating conditions that may indicate a 
        dangerous situation or a condition exceeding design 
        limits. The operator of a pipeline facility shall 
        ensure that employees who operate and maintain the 
        facility are qualified to operate and maintain the 
        pipeline facilities.
  (b) Practicability and Safety Needs Standards.--
          (1) In general.--A standard prescribed under 
        subsection (a) shall be--
                  (A) practicable; and
                  (B) designed to meet the need for--
                          (i) gas pipeline safety, or safely 
                        transporting hazardous liquids, as 
                        appropriate; and
                          (ii) protecting the environment.
          (2) Factors for consideration.--When prescribing any 
        standard under this section or section 60101(b), 60103, 
        60108, 60109, 60110, or 60113, the Secretary shall 
        consider--
                  (A) relevant available--
                          (i) gas pipeline safety information;
                          (ii) hazardous liquid pipeline safety 
                        information; and
                          (iii) environmental information;
                  (B) the appropriateness of the standard for 
                the particular type of pipeline transportation 
                or facility;
                  (C) the reasonableness of the standard;
                  (D) based on a risk assessment, the 
                reasonably identifiable or estimated benefits 
                expected to result from implementation or 
                compliance with the standard;
                  (E) based on a risk assessment, the 
                reasonably identifiable or estimated costs 
                expected to result from implementation or 
                compliance with the standard;
                  (F) comments and information received from 
                the public; and
                  (G) the comments and recommendations of the 
                Technical Pipeline Safety Standards Committee, 
                the Technical Hazardous Liquid Pipeline Safety 
                Standards Committee, or both, as appropriate.
          (3) Risk assessment.--In conducting a risk assessment 
        referred to in subparagraphs (D) and (E) of paragraph 
        (2), the Secretary shall--
                  (A) identify the regulatory and nonregulatory 
                options that the Secretary considered in 
                prescribing a proposed standard;
                  (B) identify the costs and benefits 
                associated with the proposed standard;
                  (C) include--
                          (i) an explanation of the reasons for 
                        the selection of the proposed standard 
                        in lieu of the other options 
                        identified; and
                          (ii) with respect to each of those 
                        other options, a brief explanation of 
                        the reasons that the Secretary did not 
                        select the option; and
                  (D) identify technical data or other 
                information upon which the risk assessment 
                information and proposed standard is based.
          (4) Review.--
                  (A) In general.--The Secretary shall--
                          (i) submit any risk assessment 
                        information prepared under paragraph 
                        (3) of this subsection to the Technical 
                        Pipeline Safety Standards Committee, 
                        the Technical Hazardous Liquid Pipeline 
                        Safety Standards Committee, or both, as 
                        appropriate; and
                          (ii) make that risk assessment 
                        information available to the general 
                        public.
                  (B) Peer review panels.--The committees 
                referred to in subparagraph (A) shall serve as 
                peer review panels to review risk assessment 
                information prepared under this section. Not 
                later than 90 days after receiving risk 
                assessment information for review pursuant to 
                subparagraph (A), each committee that receives 
                that risk assessment information shall prepare 
                and submit to the Secretary a report that 
                includes--
                          (i) an evaluation of the merit of the 
                        data and methods used; and
                          (ii) any recommended options relating 
                        to that risk assessment information and 
                        the associated standard that the 
                        committee determines to be appropriate.
                  (C) Review by Secretary.--Not later than 90 
                days after receiving a report submitted by a 
                committee under subparagraph (B), the 
                Secretary--
                          (i) shall review the report;
                          (ii) shall provide a written response 
                        to the committee that is the author of 
                        the report concerning all significant 
                        peer review comments and recommended 
                        alternatives contained in the report; 
                        and
                          (iii) may revise the risk assessment 
                        and the proposed standard before 
                        promulgating the final standard.
          (5) Secretarial decisionmaking.--Except where 
        otherwise required by statute, the Secretary shall 
        propose or issue a standard under this Chapter only 
        upon a reasoned determination that the benefits of the 
        intended standard justify its costs.
          (6) Exceptions from application.--The requirements of 
        subparagraphs (D) and (E) of paragraph (2) do not apply 
        when--
                  (A) the standard is the product of a 
                negotiated rulemaking, or other rulemaking 
                including the adoption of industry standards 
                that receives no significant adverse comment 
                within 60 days of notice in the Federal 
                Register;
                  (B) based on a recommendation (in which 
                three-fourths of the members voting concur) by 
                the Technical Pipeline Safety Standards 
                Committee, the Technical Hazardous Liquid 
                Pipeline Safety Standards Committee, or both, 
                as applicable, the Secretary waives the 
                requirements; or
                  (C) the Secretary finds, pursuant to section 
                553(b)(3)(B) of title 5, United States Code, 
                that notice and public procedure are not 
                required.
          (7) Transparency in interagency review.--For any 
        standard that is proposed or issued by rule under this 
        chapter, and which is reviewed by the Office of 
        Management and Budget and subsequently noticed in the 
        Federal Register, the Secretary shall--
                  (A) make available to the public the factors 
                considered under paragraph (2) and the results 
                of the risk assessment conducted in accordance 
                with paragraph (3), as applicable;
                  (B) identify for the public, in a complete, 
                clear, and simple manner, the substantive 
                changes between the draft submitted to the 
                Office of Management and Budget for review and 
                the proposed or final rule subsequently 
                noticed; and
                  (C) identify for the public the changes 
                described in subparagraph (B) that were made at 
                the suggestion or the recommendation of the 
                Office of Management and Budget.
          [(7)] (8) Report.--Not later than March 31, 2000, the 
        Secretary shall transmit to the Congress a report 
        that--
                  (A) describes the implementation of the risk 
                assessment requirements of this section, 
                including the extent to which those 
                requirements have affected regulatory 
                decisionmaking and pipeline safety; and
                  (B) includes any recommendations that the 
                Secretary determines would make the risk 
                assessment process conducted pursuant to the 
                requirements under this chapter a more 
                effective means of assessing the benefits and 
                costs associated with alternative regulatory 
                and nonregulatory options in prescribing 
                standards under the Federal pipeline safety 
                regulatory program under this chapter.
  (c) Public Safety Program Requirements.--(1) The Secretary 
shall include in the standards prescribed under subsection (a) 
of this section a requirement that an operator of a gas 
pipeline facility participate in a public safety program that--
          (A) notifies an operator of proposed demolition, 
        excavation, tunneling, or construction near or 
        affecting the facility;
          (B) requires an operator to identify a pipeline 
        facility that may be affected by the proposed 
        demolition, excavation, tunneling, or construction, to 
        prevent damaging the facility; and
          (C) the Secretary decides will protect a facility 
        adequately against a hazard caused by demolition, 
        excavation, tunneling, or construction.
  (2) To the extent a public safety program referred to in 
paragraph (1) of this subsection is not available, the 
Secretary shall prescribe standards requiring an operator to 
take action the Secretary prescribes to provide services 
comparable to services that would be available under a public 
safety program.
  (3) The Secretary may include in the standards prescribed 
under subsection (a) of this section a requirement that an 
operator of a hazardous liquid pipeline facility participate in 
a public safety program meeting the requirements of paragraph 
(1) of this subsection or maintain and carry out a damage 
prevention program that provides services comparable to 
services that would be available under a public safety program.
  (4) Promoting public awareness.--
          (A) Not later than one year after the date of 
        enactment of the Accountable Pipeline Safety and 
        Accountability Act of 1996, and annually thereafter, 
        the owner or operator of each interstate gas pipeline 
        facility shall provide to the governing body of each 
        municipality in which the interstate gas pipeline 
        facility is located, a map identifying the location of 
        such facility.
          (B)(i) Not later than June 1, 1998, the Secretary 
        shall survey and assess the public education programs 
        under section 60116 and the public safety programs 
        under section 60102(c) and determine their 
        effectiveness and applicability as components of a 
        model program. In particular, the survey shall include 
        the methods by which operators notify residents of the 
        location of the facility and its right of way, public 
        information regarding existing One-Call programs, and 
        appropriate procedures to be followed by residents of 
        affected municipalities in the event of accidents 
        involving interstate gas pipeline facilities.
          (ii) Not later than one year after the survey and 
        assessment are completed, the Secretary shall institute 
        a rulemaking to determine the most effective public 
        safety and education program components and promulgate 
        if appropriate, standards implementing those components 
        on a nationwide basis. In the event that the Secretary 
        finds that promulgation of such standards are not 
        appropriate, the Secretary shall report to Congress the 
        reasons for that finding.
  (d) Facility Operation Information Standards.--The Secretary 
shall prescribe minimum standards requiring an operator of a 
pipeline facility subject to this chapter to maintain, to the 
extent practicable, information related to operating the 
facility as required by the standards prescribed under this 
chapter and, when requested, to make the information available 
to the Secretary and an appropriate State official as 
determined by the Secretary. The information shall include--
          (1) the business name, address, and telephone number, 
        including an operations emergency telephone number, of 
        the operator;
          (2) accurate maps and a supplementary geographic 
        description, including an identification of areas 
        described in regulations prescribed under section 60109 
        of this title, that show the location in the State of--
                  (A) major gas pipeline facilities of the 
                operator, including transmission lines and 
                significant distribution lines; and
                  (B) major hazardous liquid pipeline 
                facilities of the operator;
          (3) a description of--
                  (A) the characteristics of the operator's 
                pipelines in the State; and
                  (B) products transported through the 
                operator's pipelines in the State;
          (4) the manual that governs operating and maintaining 
        pipeline facilities in the State;
          (5) an emergency response plan describing the 
        operator's procedures for responding to and containing 
        releases, including--
                  (A) identifying specific action the operator 
                will take on discovering a release;
                  (B) liaison procedures with State and local 
                authorities for emergency response; and
                  (C) communication and alert procedures for 
                immediately notifying State and local officials 
                at the time of a release; and
          (6) other information the Secretary considers useful 
        to inform a State of the presence of pipeline 
        facilities and operations in the State.
  (e) Pipe Inventory Standards.--The Secretary shall prescribe 
minimum standards requiring an operator of a pipeline facility 
subject to this chapter to maintain for the Secretary, to the 
extent practicable, an inventory with appropriate information 
about the types of pipe used for the transportation of gas or 
hazardous liquid, as appropriate, in the operator's system and 
additional information, including the material's history and 
the leak history of the pipe. The inventory--
          (1) for a gas pipeline facility, shall include an 
        identification of each facility passing through an area 
        described in regulations prescribed under section 60109 
        of this title but shall exclude equipment used with the 
        compression of gas; and
          (2) for a hazardous liquid pipeline facility, shall 
        include an identification of each facility and 
        gathering line passing through an area described in 
        regulations prescribed under section 60109 of this 
        title, whether the facility or gathering line otherwise 
        is subject to this chapter, but shall exclude equipment 
        associated only with the pipeline pumps or storage 
        facilities.
  (f) Standards as Accommodating ``Smart Pigs''.--
          (1) Minimum safety standards.--The Secretary shall 
        prescribe minimum safety standards requiring that--
                  (A) the design and construction of new 
                natural gas transmission pipeline or hazardous 
                liquid pipeline facilities, and
                  (B) when the replacement of existing natural 
                gas transmission pipeline or hazardous liquid 
                pipeline facilities or equipment is required, 
                the replacement of such existing facilities be 
                carried out, to the extent practicable, in a 
                manner so as to accommodate the passage through 
                such natural gas transmission pipeline or 
                hazardous liquid pipeline facilities of 
                instrumented internal inspection devices 
                (commonly referred to as ``smart pigs''). The 
                Secretary may extend such standards to require 
                existing natural gas transmission pipeline or 
                hazardous liquid pipeline facilities, whose 
                basic construction would accommodate an 
                instrumented internal inspection device to be 
                modified to permit the inspection of such 
                facilities with instrumented internal 
                inspection devices.
          (2) Periodic inspections.--Not later than October 24, 
        1995, the Secretary shall prescribe, if necessary, 
        additional standards requiring the periodic inspection 
        of each pipeline the operator of the pipeline 
        identifies under section 60109 of this title. The 
        standards shall include any circumstances under which 
        an inspection shall be conducted with an instrumented 
        internal inspection device and, if the device is not 
        required, use of an inspection method that is at least 
        as effective as using the device in providing for the 
        safety of the pipeline.
  (g) Effective Dates.--A standard prescribed under this 
section and section 60110 of this title is effective on the 
30th day after the Secretary prescribes the standard. However, 
the Secretary for good cause may prescribe a different 
effective date when required because of the time reasonably 
necessary to comply with the standard. The different date must 
be specified in the regulation prescribing the standard.
  (h) Safety Condition Reports.--(1) The Secretary shall 
prescribe regulations requiring each operator of a pipeline 
facility (except a master meter) to submit to the Secretary a 
written report on any--
          (A) condition that is a hazard to life, property, or 
        the environment; and
          (B) safety-related condition that causes or has 
        caused a significant change or restriction in the 
        operation of a pipeline facility.
  (2) The Secretary must receive the report not later than 5 
working days after a representative of a person to which this 
section applies first establishes that the condition exists. 
Notice of the condition shall be given concurrently to 
appropriate State authorities.
  (i) Carbon Dioxide Regulation.--
          (1) Transportation in liquid state.--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)  Transportation in gaseous state.--
                  (A) Minimum safety standards.--The Secretary 
                shall prescribe minimum safety standards for 
                the transportation of carbon dioxide by 
                pipeline in a gaseous state.
                  (B) Considerations.--In establishing the 
                standards, the Secretary shall consider whether 
                applying the minimum safety standards in part 
                195 of title 49, Code of Federal Regulations, 
                as in effect on the date of enactment of this 
                paragraph, for the transportation of carbon 
                dioxide in a liquid state to the transportation 
                of carbon dioxide in a gaseous state would 
                ensure safety.
          (3) Limitation on statutory construction.--Nothing in 
        this subsection authorizes the Secretary to regulate 
        piping or equipment used in the production, extraction, 
        recovery, lifting, stabilization, separation, or 
        treatment of carbon dioxide or the preparation of 
        carbon dioxide for transportation by pipeline at 
        production, refining, or manufacturing facilities.
  (j) Emergency Flow Restricting Devices.--(1) Not later than 
October 24, 1994, the Secretary shall survey and assess the 
effectiveness of emergency flow restricting devices (including 
remotely controlled valves and check valves) and other 
procedures, systems, and equipment used to detect and locate 
hazardous liquid pipeline ruptures and minimize product 
releases from hazardous liquid pipeline facilities.
  (2) Not later than 2 years after the survey and assessment 
are completed, the Secretary shall prescribe standards on the 
circumstances under which an operator of a hazardous liquid 
pipeline facility must use an emergency flow restricting device 
or other procedure, system, or equipment described in paragraph 
(1) of this subsection on the facility.
  (k) Low-Stress Hazardous Liquid Pipelines.--
          (1) Minimum standards.--Not later than December 31, 
        2007, the Secretary shall issue regulations subjecting 
        low-stress hazardous liquid pipelines to the same 
        standards and regulations as other hazardous liquid 
        pipelines, except as provided in paragraph (3). The 
        implementation of the applicable standards and 
        regulatory requirements may be phased in. The 
        regulations issued under this paragraph shall not apply 
        to gathering lines.
          (2) General prohibition against low internal stress 
        exception.--Except as provided in paragraph (3), the 
        Secretary may not provide an exception to the 
        requirements of this chapter for a hazardous liquid 
        pipeline because the pipeline operates at low internal 
        stress.
          (3) Limited exceptions.--The Secretary shall provide 
        or continue in force exceptions to this subsection for 
        low-stress hazardous liquid pipelines that--
                  (A) are subject to safety regulations of the 
                United States Coast Guard; or
                  (B) serve refining, manufacturing, or truck, 
                rail, or vessel terminal facilities if the 
                pipeline is less than 1 mile long (measured 
                outside the facility grounds) and does not 
                cross an offshore area or a waterway currently 
                used for commercial navigation,
        until regulations issued under paragraph (1) become 
        effective.
        After such regulations become effective, the Secretary 
        may retain or remove those exceptions as appropriate.
          (4) Relationship to other laws.--Nothing in this 
        subsection shall be construed to prohibit or otherwise 
        affect the applicability of any other statutory or 
        regulatory exemption to any hazardous liquid pipeline.
          (5) Definition.--For purposes of this subsection, the 
        term ``low-stress hazardous liquid pipeline'' means a 
        hazardous liquid pipeline that is operated in its 
        entirety at a stress level of 20 percent or less of the 
        specified minimum yield strength of the line pipe.
          (6) Effective date.--The requirements of this 
        subsection shall not take effect as to low-stress 
        hazardous liquid pipeline operators before the 
        effective date of the rules promulgated by the 
        Secretary under this subsection.
  (l) Updating Standards.--The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry 
standards that have been adopted as part of the Federal 
pipeline safety regulatory program under this chapter.
  (m) Inspections by Direct Assessment.--Not later than 1 year 
after the date of the enactment of this subsection, the 
Secretary shall issue regulations prescribing standards for 
inspection of a pipeline facility by direct assessment.
  (n) Automatic and Remote-Controlled Shut-off Valves for New 
Transmission Pipelines.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this subsection, and after 
        considering the factors specified in subsection (b)(2), 
        the Secretary, if appropriate, shall require by 
        regulation the use of automatic or remote-controlled 
        shut-off valves, or equivalent technology, where 
        economically, technically, and operationally feasible 
        on transmission pipeline facilities constructed or 
        entirely replaced after the date on which the Secretary 
        issues the final rule containing such requirement.
          (2) High-consequence area study.--
                  (A) Study.--The Comptroller General of the 
                United States shall conduct a study on the 
                ability of transmission pipeline facility 
                operators to respond to a hazardous liquid or 
                gas release from a pipeline segment located in 
                a high-consequence area.
                  (B) Considerations.--In conducting the study, 
                the Comptroller General shall consider the 
                swiftness of leak detection and pipeline 
                shutdown capabilities, the location of the 
                nearest response personnel, and the costs, 
                risks, and benefits of installing automatic and 
                remote-controlled shut-off valves.
                  (C) Report.--Not later than 1 year after the 
                date of enactment of this subsection, the 
                Comptroller General shall submit to the 
                Committee on Transportation and Infrastructure 
                and the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate a report on the results of the study.
  (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 and 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.
  (p) Limitation on Incorporation of Documents by Reference.--
Beginning 3 years after the date of enactment of this 
subsection, the Secretary may not issue 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.

Sec. 60103. Standards for liquefied natural gas pipeline facilities

  (a) Location Standards.--The Secretary of Transportation 
shall prescribe minimum safety standards for deciding on the 
location of a new liquefied natural gas pipeline facility. In 
prescribing a standard, the Secretary shall consider the--
          (1) kind and use of the facility;
          (2) existing and projected population and demographic 
        characteristics of the location;
          (3) existing and proposed land use near the location;
          (4) natural physical aspects of the location;
          (5) medical, law enforcement, and fire prevention 
        capabilities near the location that can cope with a 
        risk caused by the facility[; and];
          (6) need to encourage remote siting[.]; and
          (7) national security.
  (b) Design, Installation, Construction, Inspection, and 
Testing Standards.--The Secretary of Transportation shall 
prescribe minimum safety standards for designing, installing, 
constructing, initially inspecting, and initially testing a new 
liquefied natural gas pipeline facility. When prescribing a 
standard, the Secretary shall consider--
          (1) the characteristics of material to be used in 
        constructing the facility and of alternative material;
          (2) design factors;
          (3) the characteristics of the liquefied natural gas 
        to be stored or converted at, or transported by, the 
        facility; and
          (4) the public safety factors of the design and of 
        alternative designs, particularly the ability to 
        prevent and contain a liquefied natural gas spill.
  (c) Nonapplication.--(1) Except as provided in paragraph (2) 
of this subsection, a design, location, installation, 
construction, initial inspection, or initial testing standard 
prescribed under this chapter after March 1, 1978, does not 
apply to an existing liquefied natural gas pipeline facility if 
the standard is to be applied because of authority given--
          (A) under this chapter; or
          (B) under another law, and the standard is not 
        prescribed at the time the authority is applied.
  (2)(A) Any design, installation, construction, initial 
inspection, or initial testing standard prescribed under this 
chapter after March 1, 1978, may provide that the standard 
applies to any part of a replacement component of a liquefied 
natural gas pipeline facility if the component or part is 
placed in service after the standard is prescribed and 
application of the standard--
          (i) does not make the component or part incompatible 
        with other components or parts; or
          (ii) is not impracticable otherwise.
  (B) Any location standard prescribed under this chapter after 
March 1, 1978, does not apply to any part of a replacement 
component of an existing liquefied natural gas pipeline 
facility.
  (3) A design, installation, construction, initial inspection, 
or initial testing standard does not apply to a liquefied 
natural gas pipeline facility existing when the standard is 
adopted.
  (d) Operation and Maintenance Standards.--The Secretary of 
Transportation shall prescribe minimum operating and 
maintenance standards for a liquefied natural gas pipeline 
facility. In prescribing a standard, the Secretary shall 
consider--
          (1) the conditions, features, and type of equipment 
        and structures that make up or are used in connection 
        with the facility;
          (2) the fire prevention and containment equipment at 
        the facility;
          (3) security measures to prevent an intentional act 
        that could cause a liquefied natural gas accident;
          (4) maintenance procedures and equipment;
          (5) the training of personnel in matters specified by 
        this subsection[; and];
          (6) other factors and conditions related to the safe 
        handling of liquefied natural gas[.]; and
          (7) cybersecurity measures.
  (e) Effective Dates.--A standard prescribed under this 
section is effective on the 30th day after the Secretary of 
Transportation prescribes the standard. However, the Secretary 
for good cause may prescribe a different effective date when 
required because of the time reasonably necessary to comply 
with the standard. The different date must be specified in the 
regulation prescribing the standard.
  (f) Contingency Plans.--A new liquefied natural gas pipeline 
facility may be operated only after the operator submits an 
adequate contingency plan that states the action to be taken if 
a liquefied natural gas accident occurs. The Secretary of 
Energy or appropriate State or local authority shall decide if 
the plan is adequate.
  (g) Effect on Other Standards.--This section does not 
preclude applying a standard prescribed under section 60102 of 
this title to a gas pipeline facility (except a liquefied 
natural gas pipeline facility) associated with a liquefied 
natural gas pipeline facility.

Sec. 60103a. Standards for underground gas storage facilities

  (a) Minimum Safety Standards.--Not later than 2 years after 
the date of the enactment of this section, the Secretary of 
Transportation, in consultation with the heads of other 
relevant Federal agencies, shall issue minimum safety 
standards, incorporating, to the extent practicable, consensus 
standards for the operation and integrity management of, and 
environmental protection with respect to, underground gas 
storage facilities.
  (b) Considerations.--In developing safety standards under 
subsection (a), the Secretary shall--
          (1) consider the economic impacts of the standards on 
        consumers, including individual gas customers, and 
        minimize such impacts to the extent practicable; and
          (2) consider existing consensus standards.
  (c) Federal-State Cooperation.--The Secretary may authorize a 
State authority (including a municipality) to participate in 
the oversight of underground gas storage facilities in the same 
manner as provided in sections 60105 and 60106.
  (d) Rules of Construction.--
          (1) In general.--Nothing in this section may be 
        construed to affect any Federal regulation relating to 
        gas pipeline facilities that is in effect on the day 
        before the date of enactment of this section.
          (2) Limitations.--Nothing in this section may be 
        construed to authorize the Secretary--
                  (A) to prescribe the location of an 
                underground gas storage facility; or
                  (B) to require the Secretary's permission to 
                construct an underground gas storage facility.

           *       *       *       *       *       *       *


Sec. 60108. Inspection and maintenance

  (a) Plans.--(1) Each person owning or operating 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.
  (2) If the Secretary or a State authority responsible for 
enforcing standards prescribed under this chapter decides that 
a plan required under paragraph (1) of this subsection is 
inadequate for safe operation, the Secretary or authority shall 
require the person to revise the plan. Revision may be required 
only after giving notice and an opportunity for a hearing. A 
plan required under paragraph (1) must be practicable and 
designed to meet the need for pipeline safety and must include 
terms designed to enhance the ability to discover safety-
related conditions described in section 60102(h)(1) of this 
title. In deciding on the adequacy of a plan, the Secretary or 
authority shall consider--
          (A) relevant available pipeline safety information;
          (B) the appropriateness of the plan for the 
        particular kind of pipeline transportation or facility;
          (C) the reasonableness of the plan; and
          (D) the extent to which the plan will contribute to 
        public safety and the protection of the environment.
  (3) A plan required under this subsection shall be made 
available to the Secretary or State authority on request under 
section 60117 of this title.
  (b) Inspection and Testing.--(1) The Secretary shall inspect 
and require appropriate testing of a pipeline facility subject 
to this chapter that is not covered by a certification under 
section 60105 of this title or an agreement under section 60106 
of this title. The Secretary shall decide on the frequency and 
type of inspection and testing under this subsection on a case-
by-case basis after considering the following:
          (A) the location of the pipeline facility.
          (B) the type, size, age, manufacturer, method of 
        construction, and condition of the pipeline facility.
          (C) the nature and volume of material transported 
        through the pipeline facility.
          (D) the pressure at which that material is 
        transported.
          (E) climatic, geologic, and seismic characteristics 
        (including soil characteristics) and conditions of the 
        area in which the pipeline facility is located.
          (F) existing and projected population and demographic 
        characteristics of the area in which the pipeline 
        facility is located.
          (G) for a hazardous liquid pipeline facility, the 
        proximity of the area in which the facility is located 
        to an area that is unusually sensitive to environmental 
        damage.
          (H) the frequency of leaks.
          (I) other factors the Secretary decides are relevant 
        to the safety of pipeline facilities.
  (2) To the extent and in amounts provided in advance in an 
appropriation law, the Secretary shall decide on the frequency 
of inspection under paragraph (1) of this subsection. The 
Secretary may reduce the frequency of an inspection of a master 
meter system.
  (3) Testing under this subsection shall use the most 
appropriate technology practicable.
  (c) Pipeline Facilities Offshore and in Other Waters.--(1) In 
this subsection--
          (A) ``abandoned'' means permanently removed from 
        service.
          (B) ``pipeline facility'' includes an underwater 
        abandoned pipeline facility.
          (C) if a pipeline facility has no operator, the most 
        recent operator of the facility is deemed to be the 
        operator of the facility.
  (2)(A) Not later than May 16, 1993, on the basis of 
experience with the inspections under section 3(h)(1)(A) of the 
Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) 
of the Hazardous Liquid Pipeline Safety Act of 1979, as 
appropriate, and any other information available to the 
Secretary, the Secretary shall establish a mandatory, 
systematic, and, where appropriate, periodic inspection program 
of--
          (i) all offshore pipeline facilities; and
          (ii) any other pipeline facility crossing under, 
        over, or through waters where a substantial likelihood 
        of commercial navigation exists, if the Secretary 
        decides that the location of the facility in those 
        waters could pose a hazard to navigation or public 
        safety.
  (B) In prescribing standards to carry out subparagraph (A) of 
this paragraph--
          (i) the Secretary shall identify what is a hazard to 
        navigation with respect to an underwater abandoned 
        pipeline facility; and
          (ii) for an underwater pipeline facility abandoned 
        after October 24, 1992, the Secretary shall include 
        requirements that will lessen the potential that the 
        facility will pose a hazard to navigation and shall 
        consider the relationship between water depth and 
        navigational safety and factors relevant to the local 
        marine environment.
  (3)(A) The Secretary shall establish by regulation a program 
requiring an operator of a pipeline facility described in 
paragraph (2) of this subsection to report a potential or 
existing navigational hazard involving that pipeline facility 
to the Secretary through the appropriate Coast Guard office.
  (B) The operator of a pipeline facility described in 
paragraph (2) of this subsection that discovers any part of the 
pipeline facility that is a hazard to navigation shall mark the 
location of the hazardous part with a Coast-Guard-approved 
marine buoy or marker and immediately shall notify the 
Secretary as provided by the Secretary under subparagraph (A) 
of this paragraph. A marine buoy or marker used under this 
subparagraph is deemed a pipeline sign or right-of-way marker 
under section 60123(c) of this title.
  (4)(A) The Secretary shall establish a standard that each 
pipeline facility described in paragraph (2) of this subsection 
that is a hazard to navigation is buried not later than 6 
months after the date the condition of the facility is reported 
to the Secretary. The Secretary may extend that 6-month period 
for a reasonable period to ensure compliance with this 
paragraph.
  (B) In prescribing standards for subparagraph (A) of this 
paragraph for an underwater pipeline facility abandoned after 
October 24, 1992, the Secretary shall include requirements that 
will lessen the potential that the facility will pose a hazard 
to navigation and shall consider the relationship between water 
depth and navigational safety and factors relevant to the local 
marine environment.
  (5)(A) Not later than October 24, 1994, the Secretary shall 
establish standards on what is an exposed offshore pipeline 
facility and what is a hazard to navigation under this 
subsection.
  (B) Not later than 6 months after the Secretary establishes 
standards under subparagraph (A) of this paragraph, or October 
24, 1995, whichever occurs first, the operator of each offshore 
pipeline facility not described in section 3(h)(1)(A) of the 
Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) 
of the Hazardous Liquid Pipeline Safety Act of 1979, as 
appropriate, shall inspect the facility and report to the 
Secretary on any part of the facility that is exposed or is a 
hazard to navigation. This subparagraph applies only to a 
facility that is between the high water mark and the point at 
which the subsurface is under 15 feet of water, as measured 
from mean low water. An inspection that occurred after October 
3, 1989, may be used for compliance with this subparagraph if 
the inspection conforms to the requirements of this 
subparagraph.
  (C) The Secretary may extend the time period specified in 
subparagraph (B) of this paragraph for not more than 6 months 
if the operator of a facility satisfies the Secretary that the 
operator has made a good faith effort, with reasonable 
diligence, but has been unable to comply by the end of that 
period.
  (6)(A) The operator of a pipeline facility abandoned after 
October 24, 1992, shall report the abandonment to the Secretary 
in a way that specifies whether the facility has been abandoned 
properly according to applicable United States Government and 
State requirements.
  (B) Not later than October 24, 1995, the operator of a 
pipeline facility abandoned before October 24, 1992, shall 
report to the Secretary reasonably available information 
related to the facility, including information that a third 
party possesses. The information shall include the location, 
size, date, and method of abandonment, whether the facility has 
been abandoned properly under applicable law, and other 
relevant information the Secretary may require. Not later than 
April 24, 1994, the Secretary shall specify how the information 
shall be reported. The Secretary shall ensure that the 
Government maintains the information in a way accessible to 
appropriate Government agencies and State authorities.
  (C) The Secretary shall request that a State authority having 
information on a collision between a vessel and an underwater 
pipeline facility report the information to the Secretary in a 
timely way and make a reasonable effort to specify the 
location, date, and severity of the collision. Chapter 35 of 
title 44 does not apply to this subparagraph.
  (7) The Secretary may not exempt from this chapter an 
offshore hazardous liquid pipeline facility only because the 
pipeline facility transfers hazardous liquid in an underwater 
pipeline between a vessel and an onshore facility.
  (8) If, after reviewing existing Federal and State 
regulations for hazardous liquid gathering lines located 
offshore in the United States, including within the inlets of 
the Gulf of Mexico, the Secretary determines it is appropriate, 
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 
regulations issued under this paragraph shall not apply to 
production pipelines or flow lines.
  (d) Replacing Cast Iron Gas Pipelines.--(1) The Secretary 
shall publish a notice on the availability of industry 
guidelines, developed by the Gas Piping Technology Committee, 
for replacing cast iron pipelines. Not later than 2 years after 
the guidelines become available, the Secretary shall conduct a 
survey of gas pipeline operators with cast iron pipe in their 
systems to establish--
          (A) the extent to which each operator has adopted a 
        plan for the safe management and replacement of cast 
        iron;
          (B) the elements of the plan, including the 
        anticipated rate of replacement; and
          (C) the progress that has been made.
  (2) Chapter 35 of title 44 does not apply to the conduct of 
the survey.
  (3) This subsection does not prevent the Secretary from 
developing Government guidelines or standards for cast iron gas 
pipelines as the Secretary considers appropriate.
  (4) Not later than December 31, 2012, and every 2 years 
thereafter, the Secretary shall conduct a follow-up survey to 
measure the progress that owners and operators of pipeline 
facilities have made in adopting and implementing their plans 
for the safe management and replacement of cast iron gas 
pipelines.
  (e) In General.--Not later than 30 days after the completion 
of a pipeline safety inspection, the Secretary or the State 
authority for which a certification is in effect under section 
60105, as applicable, shall--
          (1) conduct a post-inspection briefing with the 
        operator of the pipeline facility, outlining any 
        concerns; and
          (2) to the extent practicable, provide written 
        findings of the inspection, which may include a final 
        report, notice of amendment of plans or procedures, 
        safety order, or corrective action order, or any other 
        applicable report, notice, or order.

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

  (a) Identification Requirements.--Not later than October 24, 
1994, the Secretary of Transportation shall prescribe standards 
that--
          (1) establish criteria for identifying--
                  (A) by operators of gas pipeline facilities, 
                each gas pipeline facility (except a natural 
                gas distribution line) located in a high-
                density population area; and
                  (B) by operators of hazardous liquid pipeline 
                facilities and gathering lines--
                          (i) each hazardous liquid pipeline 
                        facility, whether otherwise subject to 
                        this chapter, that crosses waters where 
                        a substantial likelihood of commercial 
                        navigation exists or that is located in 
                        an area described in the criteria as a 
                        high-density population area; and
                          (ii) each hazardous liquid pipeline 
                        facility and gathering line, whether 
                        otherwise subject to this chapter, 
                        located in an area that the Secretary, 
                        in consultation with the Administrator 
                        of the Environmental Protection Agency, 
                        describes as unusually sensitive to 
                        environmental damage if there is a 
                        hazardous liquid pipeline accident; and
          (2) provide that the identification be carried out 
        through the inventory required under section 60102(e) 
        of this title.
  (b) Areas To Be Included as Unusually Sensitive.--When 
describing areas that are unusually sensitive to environmental 
damage if there is a hazardous liquid pipeline accident, the 
Secretary shall consider areas where a pipeline rupture would 
likely cause permanent or long-term environmental damage, 
including--
          (1) locations near pipeline rights-of-way that are 
        critical to drinking water, including intake locations 
        for community water systems and critical sole source 
        aquifer protection areas; and
          (2) locations near pipeline rights-of-way that [have 
        been identified as] are part of the Great Lakes or have 
        been identified as coastal beaches, critical wetlands, 
        riverine or estuarine systems, national parks, 
        wilderness areas, wildlife preservation areas or 
        refuges, wild and scenic rivers, or critical habitat 
        areas for threatened and endangered species.
  (c) Risk Analysis and Integrity Management Programs.--
          (1) Requirement.--Each operator of a gas pipeline 
        facility shall conduct an analysis of the risks to each 
        facility of the operator located in an area identified 
        pursuant to subsection (a)(1) and defined in chapter 
        192 of title 49, Code of Federal Regulations, including 
        any subsequent modifications, and shall adopt and 
        implement a written integrity management program for 
        such facility to reduce the risks.
          (2) Regulations.--
                  (A) In general.--Not later than 12 months 
                after the date of enactment of this subsection, 
                the Secretary shall issue regulations 
                prescribing standards to direct an operator's 
                conduct of a risk analysis and adoption and 
                implementation of an integrity management 
                program under this subsection. The regulations 
                shall require an operator to conduct a risk 
                analysis and adopt an integrity management 
                program within a time period prescribed by the 
                Secretary, ending not later than 24 months 
                after such date of enactment. Not later than 18 
                months after such date of enactment, each 
                operator of a gas pipeline facility shall begin 
                a baseline integrity assessment described in 
                paragraph (3).
                  (B) Authority to issue regulations.--The 
                Secretary may satisfy the requirements of this 
                paragraph through the issuance of regulations 
                under this paragraph or under other authority 
                of law.
          (3) Minimum requirements of integrity management 
        programs.--An integrity management program required 
        under paragraph (1) shall include, at a minimum, the 
        following requirements:
                  (A) A baseline integrity assessment of each 
                of the operator's facilities in areas 
                identified pursuant to subsection (a)(1) and 
                defined in chapter 192 of title 49, Code of 
                Federal Regulations, including any subsequent 
                modifications, by internal inspection device, 
                pressure testing, direct assessment, or an 
                alternative method that the Secretary 
                determines would provide an equal or greater 
                level of safety. The operator shall complete 
                such assessment not later than 10 years after 
                the date of enactment of this subsection. At 
                least 50 percent of such facilities shall be 
                assessed not later than 5 years after such date 
                of enactment. The operator shall prioritize 
                such facilities for assessment based on all 
                risk factors, including any previously 
                discovered defects or anomalies and any history 
                of leaks, repairs, or failures. The operator 
                shall ensure that assessments of facilities 
                with the highest risks are given priority for 
                completion and that such assessments will be 
                completed not later than 5 years after such 
                date of enactment.
                  (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). The Secretary 
                may extend such deadline for an additional 6 
                months if the operator submits written notice 
                to the Secretary with sufficient justification 
                of the need for the extension.
                  (C) Clearly defined criteria for evaluating 
                the results of assessments conducted under 
                subparagraphs (A) and (B) and for taking 
                actions based on such results.
                  (D) A method for conducting an analysis on a 
                continuing basis that integrates all available 
                information about the integrity of the facility 
                and the consequences of releases from the 
                facility.
                  (E) A description of actions to be taken by 
                the operator to promptly address any integrity 
                issue raised by an evaluation conducted under 
                subparagraph (C) or the analysis conducted 
                under subparagraph (D).
                  (F) A description of measures to prevent and 
                mitigate the consequences of releases from the 
                facility.
                  (G) A method for monitoring cathodic 
                protection systems throughout the pipeline 
                system of the operator to the extent not 
                addressed by other regulations.
                  (H) If the Secretary raises a safety concern 
                relating to the facility, a description of the 
                actions to be taken by the operator to address 
                the safety concern, including issues raised 
                with the Secretary by States and local 
                authorities under an agreement entered into 
                under section 60106.
          (4) Treatment of baseline integrity assessments.--In 
        the case of a baseline integrity assessment conducted 
        by an operator in the period beginning on the date of 
        enactment of this subsection and ending on the date of 
        issuance of regulations under this subsection, the 
        Secretary shall accept the assessment as complete, and 
        shall not require the operator to repeat any portion of 
        the assessment, if the Secretary determines that the 
        assessment was conducted in accordance with the 
        requirements of this subsection.
          (5) Waivers and modifications.--In accordance with 
        section 60118(c), the Secretary may waive or modify any 
        requirement for reassessment of a facility under 
        paragraph (3)(B) for reasons that may include the need 
        to maintain local product supply or the lack of 
        internal inspection devices if the Secretary determines 
        that such waiver is not inconsistent with pipeline 
        safety.
          (6) Standards.--The standards prescribed by the 
        Secretary under paragraph (2) shall address each of the 
        following factors:
                  (A) The minimum requirements described in 
                paragraph (3).
                  (B) The type or frequency of inspections or 
                testing of pipeline facilities, in addition to 
                the minimum requirements of paragraph (3)(B).
                  (C) The manner in which the inspections or 
                testing are conducted.
                  (D) The criteria used in analyzing results of 
                the inspections or testing.
                  (E) The types of information sources that 
                must be integrated in assessing the integrity 
                of a pipeline facility as well as the manner of 
                integration.
                  (F) The nature and timing of actions selected 
                to address the integrity of a pipeline 
                facility.
                  (G) Such other factors as the Secretary 
                determines appropriate to ensure that the 
                integrity of a pipeline facility is addressed 
                and that appropriate mitigative measures are 
                adopted to protect areas identified under 
                subsection (a)(1).
        In prescribing those standards, the Secretary shall 
        ensure that all inspections required are conducted in a 
        manner that minimizes environmental and safety risks, 
        and shall take into account the applicable level of 
        protection established by national consensus standards 
        organizations.
          (7) Additional optional standards.--The Secretary may 
        also prescribe standards requiring an operator of a 
        pipeline facility to include in an integrity management 
        program under this subsection--
                  (A) changes to valves or the establishment or 
                modification of systems that monitor pressure 
                and detect leaks based on the operator's risk 
                analysis; and
                  (B) the use of emergency flow restricting 
                devices.
          (8) Lack of regulations.--In the absence of 
        regulations addressing the elements of an integrity 
        management program described in this subsection, the 
        operator of a pipeline facility shall conduct a risk 
        analysis and adopt and implement an integrity 
        management program described in this subsection not 
        later than 24 months after the date of enactment of 
        this subsection and shall complete the baseline 
        integrity assessment described in this subsection not 
        later than 10 years after such date of enactment. At 
        least 50 percent of such facilities shall be assessed 
        not later than 5 years after such date of enactment. 
        The operator shall prioritize such facilities for 
        assessment based on all risk factors, including any 
        previously discovered defects or anomalies and any 
        history of leaks, repairs, or failures. The operator 
        shall ensure that assessments of facilities with the 
        highest risks are given priority for completion and 
        that such assessments will be completed not later than 
        5 years after such date of enactment.
          (9) Review of integrity management programs.--
                  (A) Review of programs.--
                          (i) In general.--The Secretary shall 
                        review a risk analysis and integrity 
                        management program under paragraph (1) 
                        and record the results of that review 
                        for use in the next review of an 
                        operator's program.
                          (ii) Context of review.--The 
                        Secretary may conduct a review under 
                        clause (i) as an element of the 
                        Secretary's inspection of an operator.
                          (iii) Inadequate programs.--If the 
                        Secretary determines that a risk 
                        analysis or integrity management 
                        program does not comply with the 
                        requirements of this subsection or 
                        regulations issued as described in 
                        paragraph (2), has not been adequately 
                        implemented, or is inadequate for the 
                        safe operation of a pipeline facility, 
                        the Secretary may conduct proceedings 
                        under this chapter.
                  (B) Amendments to programs.--In order to 
                facilitate reviews under this paragraph, an 
                operator of a pipeline facility shall notify 
                the Secretary of any amendment made to the 
                operator's integrity management program not 
                later than 30 days after the date of adoption 
                of the amendment. The Secretary shall review 
                any such amendment in accordance with this 
                paragraph.
                  (C) Transmittal of programs to State 
                authorities.--The Secretary shall provide a 
                copy of each risk analysis and integrity 
                management program reviewed by the Secretary 
                under this paragraph to any appropriate State 
                authority with which the Secretary has entered 
                into an agreement under section 60106.
          (10) State review of integrity management plans.--A 
        State authority that enters into an agreement pursuant 
        to section 60106, permitting the State authority to 
        review the risk analysis and integrity management 
        program pursuant to paragraph (9), may provide the 
        Secretary with a written assessment of the risk 
        analysis and integrity management program, make 
        recommendations, as appropriate, to address safety 
        concerns not adequately addressed by the operator's 
        risk analysis or integrity management program, and 
        submit documentation explaining the State-proposed 
        revisions. The Secretary shall consider carefully the 
        State's proposals and work in consultation with the 
        States and operators to address safety concerns.
          (11) Application of standards.--Section 60104(b) 
        shall not apply to this section.
  (d) Evaluation of Integrity Management Regulations.--Not 
later than 4 years after the date of enactment of this 
subsection, the Comptroller General shall complete an 
assessment and evaluation of the effects on public safety and 
the environment of the requirements for the implementation of 
integrity management programs contained in the standards 
prescribed as described in subsection (c)(2).
  (e) Distribution Integrity Management Programs.--
          (1) Minimum standards.--Not later than December 31, 
        2007, the Secretary shall prescribe minimum standards 
        for integrity management programs for distribution 
        pipelines.
          (2) Additional authority of Secretary.--In carrying 
        out this subsection, the Secretary may require 
        operators of distribution pipelines to continually 
        identify and assess risks on their distribution lines, 
        to remediate conditions that present a potential threat 
        to line integrity, and to monitor program 
        effectiveness.
          (3) Excess flow valves.--
                  (A) In general.--The minimum standards shall 
                include a requirement for an operator of a 
                natural gas distribution system to install an 
                excess flow valve on each single family 
                residence service line connected to such system 
                if--
                          (i) the service line is installed or 
                        entirely replaced after June 1, 2008;
                          (ii) the service line operates 
                        continuously throughout the year at a 
                        pressure not less than 10 pounds per 
                        square inch gauge;
                          (iii) the service line is not 
                        connected to a gas stream with respect 
                        to which the operator has had prior 
                        experience with contaminants the 
                        presence of which could interfere with 
                        the operation of an excess flow valve;
                          (iv) the installation of an excess 
                        flow valve on the service line is not 
                        likely to cause loss of service to the 
                        residence or interfere with necessary 
                        operation or maintenance activities, 
                        such as purging liquids from the 
                        service line; and
                          (v) an excess flow valve meeting 
                        performance standards developed under 
                        section 60110(e) of title 49, United 
                        States Code, is commercially available 
                        to the operator, as determined by the 
                        Secretary.
                  (B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--
                Not later than 2 years after the date of 
                enactment of the Pipeline Safety, Regulatory 
                Certainty, and Job Creation Act of 2011, and 
                after issuing a final report on the evaluation 
                of the National Transportation Safety Board's 
                recommendation on excess flow valves in 
                applications other than service lines serving 
                one single family residence, the Secretary, if 
                appropriate, shall by regulation 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.
                  (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).
          (4) Applicability.--The Secretary shall determine 
        which distribution pipelines will be subject to the 
        minimum standards.
          (5) Development and implementation.--Each operator of 
        a distribution pipeline that the Secretary determines 
        is subject to the minimum standards prescribed by the 
        Secretary under this subsection shall develop and 
        implement an integrity management program in accordance 
        with those standards.
          (6) Savings clause.--Subject to section 60104(c), a 
        State authority having a current certification under 
        section 60105 may adopt or continue in force additional 
        integrity management requirements, including additional 
        requirements for installation of excess flow valves, 
        for gas distribution pipelines within the boundaries of 
        that State.
  (f) Certification of Pipeline Integrity Management Program 
Performance.--The Secretary shall establish procedures 
requiring certification of annual and semiannual pipeline 
integrity management program performance reports by a senior 
executive officer of the company operating a pipeline subject 
to this chapter. The procedures shall require a signed 
statement, which may be effected electronically in accordance 
with the provisions of the Electronic Signatures in Global and 
National Commerce Act (15 U.S.C. 7001 et seq.), certifying 
that--
          (1) the signing officer has reviewed the report; and
          (2) to the best of such officer's knowledge and 
        belief, the report is true and complete.
  (g) Hazardous Liquid Pipeline Facilities.--
          (1) Integrity assessments.--Notwithstanding any 
        pipeline integrity management program or integrity 
        assessment schedule otherwise required by the 
        Secretary, each operator of a pipeline facility to 
        which this subsection applies shall ensure that 
        pipeline integrity assessments--
                  (A) using internal inspection technology are 
                completed not less often than once every 12 
                months; and
                  (B) using pipeline route surveys, depth of 
                cover surveys, pressure tests, external 
                corrosion direct assessment, or other 
                technology that the operator demonstrates can 
                further the understanding of the condition of 
                the pipeline facility are completed on a 
                schedule based on the risk that the pipeline 
                facility poses to the high consequence area in 
                which the pipeline facility is located.
          (2) Application.--This subsection shall apply to any 
        underwater hazardous liquid pipeline facility located 
        in a high consequence area--
                  (A) that is not an offshore pipeline 
                facility; and
                  (B) any portion of which is located at depths 
                greater than 150 feet under the surface of the 
                water.
          (3) High consequence area defined.--For purposes of 
        this subsection, the term ``high consequence area'' has 
        the meaning given that term in section 195.450 of title 
        49, Code of Federal Regulations.
          (4) Inspection and enforcement.--The Secretary shall 
        conduct inspections under section 60117(c) to determine 
        whether each operator of a pipeline facility to which 
        this subsection applies is complying with this section.

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Sec. 60115. Technical safety standards committees

  (a) Organization.--The Technical Pipeline Safety Standards 
Committee and the Technical Hazardous Liquid Pipeline Safety 
Standards Committee are committees in the Department of 
Transportation. The committees referred to in the preceding 
sentence shall serve as peer review committees for carrying out 
this chapter. Peer reviews conducted by the committees shall be 
treated for purposes of all Federal laws relating to risk 
assessment and peer review (including laws that take effect 
after the date of the enactment of the Accountable Pipeline 
Safety and Partnership Act of 1996) as meeting any peer review 
requirements of such laws.
  (b) Composition and Appointment.--(1) The Technical Pipeline 
Safety Standards Committee is composed of 15 members appointed 
by the Secretary of Transportation after consulting with public 
and private agencies concerned with the technical aspect of 
transporting gas or operating a gas pipeline facility. Each 
member must be experienced in the safety regulation of 
transporting gas and of gas pipeline facilities or technically 
qualified, by training, experience, or knowledge in at least 
one field of engineering applicable to transporting gas or 
operating a gas pipeline facility, to evaluate gas pipeline 
safety standards or risk management principles.
  (2) The Technical Hazardous Liquid Pipeline Safety Standards 
Committee is composed of 15 members appointed by the Secretary 
after consulting with public and private agencies concerned 
with the technical aspect of transporting hazardous liquid or 
operating a hazardous liquid pipeline facility. Each member 
must be experienced in the safety regulation of transporting 
hazardous liquid and of hazardous liquid pipeline facilities or 
technically qualified, by training, experience, or knowledge in 
at least one field of engineering applicable to transporting 
hazardous liquid or operating a hazardous liquid pipeline 
facility, to evaluate hazardous liquid pipeline safety 
standards or risk management principles.
  (3) The members of each committee are appointed as follows:
          (A) 5 individuals selected from departments, 
        agencies, and instrumentalities of the United States 
        Government and of the States.
          (B) 5 individuals selected from the natural gas or 
        hazardous liquid industry, as appropriate, after 
        consulting with industry representatives.
          (C) 5 individuals selected from the general public.
  (4)(A) Two of the individuals selected for each committee 
under paragraph (3)(A) of this subsection must be [State 
commissioners. The Secretary shall consult with the national 
organization of State commissions before selecting those 2 
individuals.] State officials. The Secretary shall consult with 
national organizations representing State commissioners or 
utility regulators when making a selection under this 
subparagraph.
  (B) At least 3 of the individuals selected for each committee 
under paragraph (3)(B) of this subsection must be currently in 
the active operation of natural gas pipelines or hazardous 
liquid pipeline facilities, as appropriate. At least 1 of the 
individuals selected for each committee under paragraph (3)(B) 
shall have education, background, or experience in risk 
assessment and cost-benefit analysis. The Secretary shall 
consult with the national organizations representing the owners 
and operators of pipeline facilities before selecting 
individuals under paragraph (3)(B).
  (C) Two of the individuals selected for each committee under 
paragraph (3)(C) of this subsection must have education, 
background, or experience in environmental protection or public 
safety. At least 1 of the individuals selected for each 
committee under paragraph (3)(C) shall have education, 
background, or experience in risk assessment and cost-benefit 
analysis. At least one individual selected for each committee 
under paragraph (3)(C) may not have a financial interest in the 
pipeline, petroleum, or natural gas industries.
  (D) None of the individuals selected for a committee under 
paragraph (3)(C) may have a significant financial interest in 
the pipeline, petroleum, or gas industry.
  (c) Committee Reports on Proposed Standards.--(1) The 
Secretary shall give to--
          (A) the Technical Pipeline Safety Standards Committee 
        each standard proposed under this chapter for 
        transporting gas and for gas pipeline facilities 
        including the risk assessment information and other 
        analyses supporting each proposed standard; and
          (B) the Technical Hazardous Liquid Pipeline Safety 
        Standards Committee each standard proposed under this 
        chapter for transporting hazardous liquid and for 
        hazardous liquid pipeline facilities including the risk 
        assessment information and other analyses supporting 
        each proposed standard.
  (2) Not later than 90 days after receiving the proposed 
standard and supporting analyses, the appropriate committee 
shall prepare and submit to the Secretary a report on the 
technical feasibility, reasonableness, cost-effectiveness, and 
practicability of the proposed standard and include in the 
report recommended actions. The Secretary shall publish each 
report, including any recommended actions and minority views. 
The report if timely made is part of the proceeding for 
prescribing the standard. The Secretary is not bound by the 
conclusions of the committee. However, if the Secretary rejects 
the conclusions of the committee, the Secretary shall publish 
the reasons.
  (3) The Secretary may prescribe a standard after the end of 
the 90-day period.
  (d) Proposed Committee Standards and Policy Development 
Recommendations.--(1) The Technical Pipeline Safety Standards 
Committee may propose to the Secretary a safety standard for 
transporting gas and for gas pipeline facilities. The Technical 
Hazardous Liquid Pipeline Safety Standards Committee may 
propose to the Secretary a safety standard for transporting 
hazardous liquid and for hazardous liquid pipeline facilities.
  (2) If requested by the Secretary, a committee shall make 
policy development recommendations to the Secretary.
  (e) Meetings.--Each committee shall meet with the Secretary 
at least up to 4 times annually. Each committee proceeding 
shall be recorded. The record of the proceeding shall be 
available to the public.
  (f) Expenses.--A member of a committee under this section is 
entitled to expenses under section 5703 of title 5. A payment 
under this subsection does not make a member an officer or 
employee of the Government. This subsection does not apply to 
members regularly employed by the Government.

           *       *       *       *       *       *       *


Sec. 60117. Administrative

  (a) General Authority.--To carry out this chapter, the 
Secretary of Transportation may conduct investigations, make 
reports, issue subpenas, conduct hearings, require the 
production of records, take depositions, and conduct research, 
testing, development, demonstration, and training activities 
and promotional activities relating to prevention of damage to 
pipeline facilities. The Secretary may not charge a tuition-
type fee for training State or local government personnel in 
the enforcement of regulations prescribed under this chapter.
  (b) Records, Reports, and Information.--To enable the 
Secretary to decide whether a person owning or operating a 
pipeline facility is complying with this chapter and standards 
prescribed or orders issued under this chapter, the person 
shall--
          (1) maintain records, make reports, and provide 
        information the Secretary requires; and
          (2) make the records, reports, and information 
        available when the Secretary requests.
The Secretary may require owners and operators of gathering 
lines to provide the Secretary information pertinent to the 
Secretary's ability to make a determination as to whether and 
to what extent to regulate gathering lines.
  (c) Entry and Inspection.--An officer, employee, or agent of 
the Department of Transportation designated by the Secretary, 
on display of proper credentials to the individual in charge, 
may enter premises to inspect the records and property of a 
person at a reasonable time and in a reasonable way to decide 
whether a person is complying with this chapter and standards 
prescribed or orders issued under this chapter.
  (d) Confidentiality of Information.--Information related to a 
confidential matter referred to in section 1905 of title 18 
that is obtained by the Secretary or an officer, employee, or 
agent in carrying out this section may be disclosed only to 
another officer or employee concerned with carrying out this 
chapter or in a proceeding under this chapter.
  (e) Use of Accident Reports.--(1) Each accident report made 
by an officer, employee, or agent of the Department may be used 
in a judicial proceeding resulting from the accident. The 
officer, employee, or agent may be required to testify in the 
proceeding about the facts developed in investigating the 
accident. The report shall be made available to the public in a 
way that does not identify an individual.
  (2) Each report related to research and demonstration 
projects and related activities is public information.
  (f) Testing Facilities Involved in Accidents.--The Secretary 
may require testing of a part of a pipeline facility subject to 
this chapter that has been involved in or affected by an 
accident only after--
          (1) notifying the appropriate State official in the 
        State in which the facility is located; and
          (2) attempting to negotiate a mutually acceptable 
        plan for testing with the owner of the facility and, 
        when the Secretary considers appropriate, the National 
        Transportation Safety Board.
  (g) Providing Safety Information.--On request, the Secretary 
shall provide the Federal Energy Regulatory Commission or 
appropriate State authority with information the Secretary has 
on the safety of material, operations, devices, or processes 
related to pipeline transportation or operating a pipeline 
facility.
  (h) Cooperation.--The Secretary may--
          (1) advise, assist, and cooperate with other 
        departments, agencies, and instrumentalities of the 
        United States Government, the States, and public and 
        private agencies and persons in planning and developing 
        safety standards and ways to inspect and test to decide 
        whether those standards have been complied with;
          (2) consult with and make recommendations to other 
        departments, agencies, and instrumentalities of the 
        Government, State and local governments, and public and 
        private agencies and persons to develop and encourage 
        activities, including the enactment of legislation, 
        that will assist in carrying out this chapter and 
        improve State and local pipeline safety programs; and
          (3) participate in a proceeding involving safety 
        requirements related to a liquefied natural gas 
        facility before the Commission or a State authority.
  (i) Promoting Coordination.--(1) After consulting with 
appropriate State officials, the Secretary shall establish 
procedures to promote more effective coordination between 
departments, agencies, and instrumentalities of the Government 
and State authorities with regulatory authority over pipeline 
facilities about responses to a pipeline accident.
  (2) In consultation with the Occupational Safety and Health 
Administration, the Secretary shall establish procedures to 
notify the Administration of any pipeline accident in which an 
excavator that has caused damage to a pipeline may have 
violated a regulation of the Administration.
  (j) Withholding Information From Congress.--This section does 
not authorize information to be withheld from a committee of 
Congress authorized to have the information.
  (k) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative 
agreements, and other transactions with any person, agency, or 
instrumentality of the United States, any unit of State or 
local government, any educational institution, or any other 
entity to further the objectives of this chapter. The 
objectives of this chapter include the development, 
improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.
  (l) Safety Orders.--
          (1) In general.--Not later than December 31, 2007, 
        the Secretary shall issue regulations providing that, 
        after notice and opportunity for a hearing, if the 
        Secretary determines that a pipeline facility has a 
        condition that poses a pipeline integrity risk to 
        public safety, property, or the environment, the 
        Secretary may order the operator of the facility to 
        take necessary corrective action, including physical 
        inspection, testing, repair, or other appropriate 
        action, to remedy that condition.
          (2) Considerations.--In making a determination under 
        paragraph (1), the Secretary, if relevant and pursuant 
        to the regulations issued under paragraph (1), shall 
        consider--
                  (A) the considerations specified in 
                paragraphs (1) through (6) of section 60112(b);
                  (B) the likelihood that the condition will 
                impair the serviceability of a pipeline;
                  (C) the likelihood that the condition will 
                worsen over time; and
                  (D) the likelihood that the condition is 
                present or could develop on other areas of the 
                pipeline.
  (m) Restoration of Operations.--
          (1) In general.--The Secretary may advise, assist, 
        and cooperate with the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, the States, and public and private agencies 
        and persons to facilitate the restoration of pipeline 
        operations that have been or are anticipated to become 
        disrupted by manmade or natural disasters.
          (2) Savings clause.--Nothing in this section alters 
        or amends the authorities and responsibilities of any 
        department, agency, or instrumentality of the United 
        States Government, other than the Department of 
        Transportation.
  (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 gas or hazardous liquid pipeline 
                facility or liquefied natural gas pipeline 
                facility, including construction inspections 
                and oversight, the Secretary may require the 
                person 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 paragraph, 
                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 
                paragraph. The Secretary may not collect design 
                safety review fees under this paragraph 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 $2,500,000,000, as 
                        periodically adjusted by the Secretary 
                        to take into account increases in the 
                        Consumer Price Index for all-urban 
                        consumers published by the Department 
                        of Labor, based on--
                                  (I) the cost estimate 
                                provided to the Federal Energy 
                                Regulatory Commission in an 
                                application for a certificate 
                                of public convenience and 
                                necessity for a gas pipeline 
                                facility or an application for 
                                authorization for a liquefied 
                                natural gas pipeline facility; 
                                or
                                  (II) a good faith estimate 
                                developed by the person 
                                proposing a hazardous liquid 
                                pipeline facility and submitted 
                                to the Secretary; or
                          (ii) uses new or novel technologies 
                        or design, as determined by the 
                        Secretary.
          (2) Notification.--For any new pipeline facility 
        construction project in which the Secretary will 
        conduct design reviews, the person 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. To the 
        maximum extent practicable, not later than 90 days 
        after receiving such design specifications, 
        construction plans and procedures, and related 
        materials, the Secretary shall provide written 
        comments, feedback, and guidance on the project.
          (3) Pipeline Safety Design Review Fund.--
                  (A) Establishment.--There is established a 
                Pipeline Safety Design Review Fund in the 
                Treasury of the United States.
                  (B) Deposits.--The Secretary shall deposit 
                funds paid under this subsection into the Fund.
                  (C) Use.--Amounts in the Fund shall be 
                available to the Secretary, in amounts 
                specified in appropriations Acts, to offset the 
                costs of conducting facility design safety 
                reviews under this subsection.
          (4) No additional permitting authority.--Nothing in 
        this subsection may be construed as authorizing the 
        Secretary to require a person to obtain a permit before 
        beginning design and construction in connection with a 
        project described in paragraph (1)(B).
  (o) Emergency Order Authority.--
          (1) In general.--If the Secretary determines that an 
        unsafe condition or practice, or a combination of 
        unsafe conditions and practices, constitutes or is 
        causing an imminent hazard, the Secretary may issue an 
        emergency order described in paragraph (3) imposing 
        emergency restrictions, prohibitions, and safety 
        measures on owners and operators of gas or hazardous 
        liquid pipeline facilities without prior notice or an 
        opportunity for a hearing, but only to the extent 
        necessary to abate the imminent hazard.
          (2) Considerations.--Before issuing an emergency 
        order under paragraph (1), the Secretary shall 
        consider, after consultation with appropriate Federal 
        agencies, State agencies, or other entities, the 
        following, as appropriate:
                  (A) The impact of the emergency order on 
                public health and safety.
                  (B) The impact, if any, of the emergency 
                order on the national or regional economy or 
                national security.
                  (C) The impact of the emergency order on 
                owners and operators of pipeline facilities.
          (3) Written order.--An emergency order issued by the 
        Secretary pursuant to paragraph (1) with respect to an 
        imminent hazard shall contain a written description 
        of--
                  (A) the violation, condition, or practice 
                that constitutes or is causing the imminent 
                hazard;
                  (B) the entities subject to the order;
                  (C) the restrictions, prohibitions, or safety 
                measures imposed;
                  (D) the standards and procedures for 
                obtaining relief from the order;
                  (E) how the order is tailored to abate the 
                imminent hazard and the reasons the authorities 
                under sections 60112 and 60117(l) are 
                insufficient to do so; and
                  (F) how the considerations were taken into 
                account pursuant to paragraph (2).
          (4) Opportunity for review.--Upon receipt of a 
        petition for review from an entity subject to, and 
        adversely affected by, an emergency order issued under 
        this subsection, the Secretary shall provide an 
        opportunity for a review of the order under section 554 
        of title 5 to determine whether the order should remain 
        in effect, be modified, or be terminated.
          (5) Expiration of effectiveness order.--If a petition 
        for review of an emergency order is filed under 
        paragraph (4) and an agency decision with respect to 
        the petition is not issued on or before the last day of 
        the 30-day period beginning on the date on which the 
        petition is filed, the order shall cease to be 
        effective on such day, unless the Secretary determines 
        in writing on or before the last day of such period 
        that the imminent hazard still exists.
          (6) Judicial review of orders.--After a final agency 
        action under the review process described in paragraph 
        (4), or the issuance of a written determination by the 
        Secretary pursuant to paragraph (5), an entity subject 
        to, and adversely affected by, an emergency order 
        issued under this subsection may seek judicial review 
        of the order in a district court of the United States 
        and shall be given expedited consideration.
          (7) Regulations.--
                  (A) Temporary regulations.--Not later than 60 
                days after the date of enactment of the 
                Pipeline Safety Act of 2016, the Secretary 
                shall issue such temporary regulations as are 
                necessary to carry out this subsection. The 
                temporary regulations shall expire on the date 
                of issuance of the final regulations required 
                under subparagraph (B).
                  (B) Final regulations.--Not later than 270 
                days after such date of enactment, the 
                Secretary shall issue such regulations as are 
                necessary to carry out this subsection. Such 
                regulations shall ensure that the review 
                process described in paragraph (4) contains the 
                same procedures as subsections (d) and (g) of 
                section 109.19 of title 49, Code of Federal 
                Regulations, and is otherwise consistent with 
                the review process developed under such section 
                to the greatest extent practicable and not 
                inconsistent with this section.
          (8) Imminent hazard defined.--In this subsection, the 
        term ``imminent hazard'' means the existence of a 
        condition relating to a gas or hazardous liquid 
        pipeline facility that presents a substantial 
        likelihood that death, serious illness, severe personal 
        injury, or a substantial endangerment to health, 
        property, or the environment may occur before the 
        reasonably foreseeable completion date of a formal 
        proceeding begun to lessen the risk of such death, 
        illness, injury, or endangerment.
          (9) Limitation and savings clause.--An emergency 
        order issued under this subsection may not be construed 
        to--
                  (A) alter, amend, or limit the Secretary's 
                obligations under, or the applicability of, 
                section 553 of title 5; or
                  (B) provide the authority to amend the Code 
                of Federal Regulations.

           *       *       *       *       *       *       *


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), [there is 
        authorized to be appropriated to the Department of 
        Transportation for each of fiscal years 2012 through 
        2015, from fees collected under section 60301, 
        $90,679,000, of which $4,746,000 is for carrying out 
        such section 12 and $36,194,000 is for making grants.] 
        there are authorized to be appropriated to the 
        Department of Transportation from fees collected under 
        section 60301--
                  (A) $128,000,000 for fiscal year 2017, of 
                which $9,000,000 shall be expended for carrying 
                out such section 12 and $41,885,000 shall be 
                expended for making grants;
                  (B) $131,000,000 for fiscal year 2018, of 
                which $9,000,000 shall be expended for carrying 
                out such section 12 and $44,885,000 shall be 
                expended for making grants;
                  (C) $134,000,000 for fiscal year 2019, of 
                which $9,000,000 shall be expended for carrying 
                out such section 12 and $47,885,000 shall be 
                expended for making grants; 
                  (D) $137,325,000 for fiscal year 2020, of 
                which $9,000,000 shall be expended for carrying 
                out such section 12 and $51,100,000 shall be 
                expended for making grants; and
                  (E) $140,733,000 for fiscal year 2021, of 
                which $9,000,000 shall be expended for carrying 
                out such section 12 and $54,550,000 shall be 
                expended for making grants.
          (2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1), [there 
        is authorized to be appropriated for each of fiscal 
        years 2012 through 2015 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), $18,573,000, of which 
        $2,174,000 is for carrying out such section 12 and 
        $4,558,000 is for making grants.] there are authorized 
        to be appropriated 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) $22,123,000 for fiscal year 2017, of 
                which $3,000,000 shall be expended for carrying 
                out such section 12 and $8,067,000 shall be 
                expended for making grants;
                  (B) $23,000,000 for fiscal year 2018, of 
                which $3,000,000 shall be expended for carrying 
                out such section 12 and $8,067,000 shall be 
                expended for making grants;
                  (C) $23,000,000 for fiscal year 2019, of 
                which $3,000,000 shall be expended for carrying 
                out such section 12 and $8,067,000 shall be 
                expended for making grants;
                  (D) $23,300,000 for fiscal year 2020, of 
                which $3,000,000 shall be expended for carrying 
                out such section 12 and $8,067,000 shall be 
                expended for making grants; and
                  (E) $23,600,000 for fiscal year 2021, of 
                which $3,000,000 shall be expended for carrying 
                out such section 12 and $8,067,000 shall be 
                expended for making grants.
  (b) Emergency Response Grants.--
          (1) In general.--The Secretary may establish a 
        program for making grants to State, county, and local 
        governments in high consequence areas, as defined by 
        the Secretary, for emergency response management, 
        training, and technical assistance. To the extent that 
        such grants are used to train emergency responders, 
        such training shall ensure that emergency responders 
        have the ability to protect nearby persons, property, 
        and the environment from the effects of accidents or 
        incidents involving gas or hazardous liquid pipelines, 
        in accordance with existing regulations.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated $10,000,000 for each of 
        fiscal years 2012 through 2015 to carry out this 
        subsection.
  (c) Crediting Appropriations for Expenditures for Training.--
The Secretary may credit to an appropriation authorized under 
subsection (a) amounts received from sources other than the 
Government for reimbursement for expenses incurred by the 
Secretary in providing training.

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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 $100,000 
        for a single grant recipient. The Secretary shall 
        establish appropriate procedures to ensure the proper 
        use of funds provided under this section.
          (2) Demonstration grants.--At least the first 3 
        grants awarded under this section shall be 
        demonstration grants for the purpose of demonstrating 
        and evaluating the utility of grants under this 
        section. Each such demonstration grant shall not exceed 
        $25,000.
          (3) Dissemination of technical findings.--Each 
        recipient of a grant under this section shall ensure 
        that--
                  (A) the technical findings made possible by 
                the grants are made available to the relevant 
                operators; and
                  (B) open communication between the grant 
                recipients, local operators, local communities, 
                and other interested parties is encouraged.
          (4) Technical assistance defined.--In this 
        subsection, the term ``technical assistance'' means 
        engineering and other scientific analysis of pipeline 
        safety issues, including the promotion of public 
        participation on technical pipeline safety issues in 
        official proceedings conducted under this chapter.
  (b) Prohibited Uses.--Funds provided under this section to 
grant recipients and their contractors may not be used for 
lobbying, for direct advocacy for or against a pipeline 
construction or expansion project, or in direct support of 
litigation.
  [(c) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of Transportation for carrying 
out this section $1,500,000 for each of fiscal years 2012 
through 2015. Such amounts shall not be derived from user fees 
collected under section 60301.]
  (c) Funding.--Of the amounts made available under section 
21(b) of the Pipeline Safety Act of 2016, $1,500,000 shall be 
expended in each of fiscal years 2017 through 2021 to carry out 
this section. Such amounts shall not be derived from user fees 
collected under section 60301.

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                         CHAPTER 603--USER FEES

Sec. 60301. User fees

  (a) Schedule of Fees.--The Secretary of Transportation shall 
prescribe a schedule of fees for all natural gas and hazardous 
liquids transported by pipelines subject to chapter 601 of this 
title. The fees shall be based on usage (in reasonable 
relationship to volume-miles, miles, revenues, or a combination 
of volume-miles, miles, and revenues) of the pipelines. The 
Secretary shall consider the allocation of resources of the 
Department of Transportation when establishing the schedule.
  (b) Imposition and Time of Collection.--A fee shall be 
imposed on each person operating a gas pipeline transmission 
facility, a liquefied natural gas pipeline facility, an 
underground gas storage facility, or a hazardous liquid 
pipeline facility to which chapter 601 of this title applies. 
The fee shall be collected before the end of the fiscal year to 
which it applies.
  (c) Means of Collection.--The Secretary shall prescribe 
procedures to collect fees under this section. The Secretary 
may use a department, agency, or instrumentality of the United 
States Government or of a State or local government to collect 
the fee and may reimburse the department, agency, or 
instrumentality a reasonable amount for its services.
  (d) Use of Fees.--A fee collected under this section--
          (1)(A) related to a gas pipeline facility may be used 
        only for an activity related to gas under chapter 601 
        of this title[; and];
          (B) related to a hazardous liquid pipeline facility 
        may be used only for an activity related to hazardous 
        liquid under chapter 601 of this title; and
          (C) related to an underground gas storage facility 
        may be used only for an activity related to underground 
        gas storage safety under section 60103a; and
          (2) may be used only to the extent provided in 
        advance in an appropriation law.
  (e) Limitations.--Fees prescribed under subsection (a) of 
this section shall be sufficient to pay for the costs of 
activities described in subsection (d) of this section. 
However, the total amount collected for a fiscal year may not 
be more than 105 percent of the total amount of the 
appropriations made for the fiscal year for activities to be 
financed by the fees.
  (f) Underground Gas Storage Facility Account.--
          (1) Account.--There is established, in the fund 
        established in the Treasury of the United States 
        pursuant to this section, an underground gas storage 
        facility safety account.
          (2) Deposit of fees.--A fee collected under 
        subsection (a) from a person operating an underground 
        gas storage facility shall be deposited in the account 
        established under paragraph (1).

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PIPELINE SAFETY IMPROVEMENT ACT OF 2002

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

  (a) In General.--The heads of the participating agencies 
shall carry out a program of research, development, 
demonstration, and standardization to ensure the integrity of 
pipeline facilities.
  (b) Memorandum of Understanding.--
          (1) In general.--Not later than 120 days after the 
        date of enactment of this Act, the heads of the 
        participating agencies shall enter into a memorandum of 
        understanding detailing their respective 
        responsibilities in the program authorized by 
        subsection (a).
          (2) Areas of expertise.--Under the memorandum of 
        understanding, each of the participating agencies shall 
        have the primary responsibility for ensuring that the 
        elements of the program within its expertise are 
        implemented in accordance with this section. The 
        Department of Transportation's responsibilities shall 
        reflect its lead role in pipeline safety and expertise 
        in pipeline inspection, integrity management, and 
        damage prevention. The Department of Energy's 
        responsibilities shall reflect its expertise in system 
        reliability, low-volume gas leak detection, and 
        surveillance technologies. The National Institute of 
        Standards and Technology's responsibilities shall 
        reflect its expertise in materials research and 
        assisting in the development of consensus technical 
        standards, as that term is used in section 12(d)(4) of 
        Public Law 104-13 (15 U.S.C. 272 note).
  (c) Program Elements.--The program authorized by subsection 
(a) shall include research, development, demonstration, and 
standardization activities related to--
          (1) materials inspection;
          (2) stress and fracture analysis, detection of 
        cracks, abrasion, and other abnormalities inside 
        pipelines that lead to pipeline failure, and 
        development of new equipment or technologies that are 
        inserted into pipelines to detect anomalies;
          (3) internal inspection and leak detection 
        technologies, including detection of leaks at very low 
        volumes;
          (4) methods of analyzing content of pipeline 
        throughput;
          (5) pipeline security, including improving the real-
        time surveillance of pipeline rights-of-way, developing 
        tools for evaluating and enhancing pipeline security 
        and infrastructure, reducing natural, technological, 
        and terrorist threats, and protecting first response 
        units and persons near an incident;
          (6) risk assessment methodology, including 
        vulnerability assessment and reduction of third-party 
        damage;
          (7) communication, control, and information systems 
        surety;
          (8) fire safety of pipelines;
          (9) improved excavation, construction, and repair 
        technologies;
          (10) corrosion detection and improving methods, best 
        practices, and technologies for identifying, detecting, 
        preventing, and managing internal and external 
        corrosion and other safety risks; and
          (11) other appropriate elements.
The results of activities carried out under paragraph (10) 
shall be used by the participating agencies to support 
development and improvement of national consensus standards.
  (d) Program Plan.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Secretary of 
        Transportation, in coordination with the Secretary of 
        Energy and the Director of the National Institute of 
        Standards and Technology, shall prepare and transmit to 
        Congress a 5-year program plan to guide activities 
        under this section. Such program plan shall be 
        submitted to the Technical Pipeline Safety Standards 
        Committee and the Technical Hazardous Liquid Pipeline 
        Safety Standards Committee for review, and the report 
        to Congress shall include the comments of the 
        committees. The 5-year program plan shall be based on 
        the memorandum of understanding under subsection (b) 
        and take into account related activities of other 
        Federal agencies.
          (2) Consultation.--In preparing the program plan and 
        selecting and prioritizing appropriate project 
        proposals, the Secretary of Transportation shall 
        consult with or seek the advice of appropriate 
        representatives of the natural gas, crude oil, and 
        petroleum product pipeline industries, utilities, 
        manufacturers, institutions of higher learning, Federal 
        agencies, pipeline research institutions, national 
        laboratories, State pipeline safety officials, labor 
        organizations, environmental organizations, pipeline 
        safety advocates, and professional and technical 
        societies.
          (3) Ongoing pipeline transportation research and 
        development.--
                  (A) In general.--After the initial 5-year 
                program plan has been carried out by the 
                participating agencies, the Secretary of 
                Transportation, in coordination with the 
                Director of the National Institute of Standards 
                and Technology, as appropriate, 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 every 2 years. 
                The biennial report shall include a summary of 
                updated research needs and priorities 
                identified through the consultation 
                requirements of paragraph (2).
                  (B) Consultation.--The Secretary shall comply 
                with the consultation requirements of paragraph 
                (2) when preparing the program plan and in the 
                selection and prioritization of research and 
                development projects.
                  (C) Funding from non-federal sources.--The 
                Secretary shall ensure at least 30 percent of 
                the costs of program-wide research and 
                development activities are carried out using 
                non-Federal sources.
  (e) Reports to Congress.--Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
heads of the participating agencies shall transmit jointly to 
Congress a report on the status and results to date of the 
implementation of the program plan prepared under subsection 
(d).
  (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 [2012 through 2015] 2017 
through 2021.
  (g) Participating Agencies Defined.--In this section, the 
term ``participating agencies'' means the Department of 
Transportation, the Department of Energy, and the National 
Institute of Standards and Technology.

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