Union Calendar No. 545
116th CONGRESS 2d Session |
[Report No. 116–661, Part I]
To amend title 49, United States Code, to provide enhanced safety and environmental protection in pipeline transportation, and for other purposes.
November 15, 2019
Mr. DeFazio (for himself and Mr. Pallone) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
December 17, 2020
Additional sponsor: Ms. Norton
December 17, 2020
Reported from the Committee on Transportation and Infrastructure with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
December 17, 2020
Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 15, 2019]
To amend title 49, United States Code, to provide enhanced safety and environmental protection in pipeline transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Sh‑ort title.—This Act may be cited as the “Safe, Accountable, Fair, and Environmentally Responsible Pipelines Act of 2019” or the “SAFER Pipelines Act of 2019”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Purpose and general authority.
Sec. 4. State pipeline safety program certifications.
Sec. 5. State pipeline safety grants.
Sec. 6. Inspection and maintenance.
Sec. 7. Risk analysis and integrity management programs.
Sec. 8. Community right-to-know and emergency preparedness.
Sec. 9. Cost recovery for design reviews.
Sec. 10. Actions by private persons.
Sec. 11. Civil penalties.
Sec. 12. Criminal penalties.
Sec. 13. Emergency response grants.
Sec. 14. Verification of pipeline qualification programs.
Sec. 15. National pipeline mapping system.
Sec. 16. Congressional access to oil spill response plans.
Sec. 17. Leak detection technology.
Sec. 18. Gas pipeline repair criteria.
Sec. 19. Methane release mitigation.
Sec. 20. Unusually sensitive areas.
Sec. 21. User fees for underground natural gas storage facilities.
Sec. 22. Seismicity.
Sec. 23. Advancement of new pipeline safety technologies and approaches.
Sec. 24. Workforce.
Sec. 25. Hiring report.
Sec. 26. Plan to combine State damage prevention and one-call notification programs.
Sec. 27. Gas gathering lines.
Sec. 28. Regulatory updates.
Sec. 29. Component verification.
Sec. 30. Codification of final rule.
Sec. 31. Threatening safe operations of pipeline infrastructure.
Sec. 32. Penalty for causing a defect in pipeline infrastructure under construction.
Sec. 33. Use of a firearm to damage pipeline infrastructure under construction.
Sec. 34. Pipeline safety voluntary information-sharing system.
(a) Operational expenses.—There are authorized to be appropriated to the Secretary of Transportation for the necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration the following amounts:
(b) Gas and hazardous liquid.—Section 60125(a) of title 49, United States Code, is amended—
(1) in paragraph (1) by striking subparagraphs (A) through (D) and inserting the following:
“(A) $160,800,000 for fiscal year 2020, of which $10,000,000 shall be expended for carrying out such section 12 and $60,000,000 shall be expended for making grants;
“(B) $165,624,000 for fiscal year 2021 of which $10,000,000 shall be expended for carrying out such section 12 and $61,800,000 shall be expended for making grants;
(2) in paragraph (2) by striking subparagraphs (A) through (D) and inserting the following:
“(A) $25,000,000 for fiscal year 2020, of which $5,000,000 shall be expended for carrying out such section 12 and $9,000,000 shall be expended for making grants;
“(B) $25,000,000 for fiscal year 2021, of which $5,000,000 shall be expended for carrying out such section 12 and $9,000,000 shall be expended for making grants;
(c) Emergency response grants.—Section 60125(b)(2) of title 49, United States Code, is amended by striking “$10,000,000 for each of fiscal years 2012 through 2015” and inserting “$12,000,000 for each of fiscal years 2020 through 2023”.
(d) Pipeline safety information grants to communities.—Section 60130(c) of title 49, United States Code, is amended by striking “section 2(b) of the PIPES Act of 2016, the Secretary shall expend $1,500,000 for each of fiscal years 2016 through 2019 to carry out this section. Such amounts shall not be derived from user fees collected under section 60301” and inserting “section 2(a) of the SAFER Pipelines Act of 2019, the Secretary shall expend $2,000,000 for each of fiscal years 2020 through 2023 to carry out this section”.
(a) Cost-Benefit analysis.—Section 60102(b) of title 49, United States Code, is amended—
(b) Safety-Related condition reporting.—
(1) AVAILABILITY OF INFORMATION TO FIRST RESPONDERS.—Section 60102(h) of title 49, United States Code, is amended—
(A) in paragraph (2) by striking “Notice of the condition shall be given concurrently to appropriate State authorities.”; and
(B) by adding at the end the following:
“(3) (A) Notice of the condition of an intrastate or interstate pipeline facility shall be given concurrently to appropriate State authorities.
“(B) The Secretary shall require that, upon receipt of a report on a safety-related condition submitted under this section, a State agency shall provide the report, upon request, to any relevant State emergency response commission, tribal emergency response commission, tribal emergency planning committee, local emergency planning committee, local government, or public agency responsible for emergency response, including any updates to the report received by the State agency.”.
(c) Automatic or remote-Controlled shut-Off valves.—Section 60102(n)(1) of title 49, United States Code, is amended to read as follows:
“(1) HIGH CONSEQUENCE AREAS.—
“(A) IN GENERAL.—Not later than 2 years after the date of enactment of the SAFER Pipelines Act of 2019, the Secretary shall issue regulations to require operators of transmission pipeline facilities to install and use automatic or remote-controlled shut-off valves for such pipeline facilities that are located in high consequence areas (as defined in part 192 or 195 of title 49, Code of Federal Regulations, as applicable).
(d) Crack management.—Section 60102 of title 49, United States Code, is amended by adding at the end the following:
“(q) Crack management.—
“(1) IN GENERAL.—
“(A) HIGH CONSEQUENCE AREAS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall issue regulations to require operators of gas pipeline facilities and hazardous liquid pipeline facilities that are located in high consequence areas (as defined in part 192 or 195 of title 49, Code of Federal Regulations, as applicable) to address and repair cracks in such facilities.
“(2) REQUIREMENTS.—Regulations issued under paragraph (1) shall specify—
“(A) under what conditions an engineering assessment of cracks, including environmentally assisted cracks, must be performed;
“(B) acceptable methods for performing an engineering assessment on a pipeline, including the assessment of cracks coinciding with corrosion;
“(C) criteria for determining whether the excavation of a pipeline segment is required due to a probable crack, and deadlines for completing any excavation so required;
Section 60105(e) of title 49, United States Code, is amended—
Section 60107 of title 49, United States Code, is amended by adding at the end the following:
Section 60108 of title 49, United States Code, is amended by adding at the end the following:
“(f) Pipeline construction project data collection.—The Secretary may require the owner or operator of a pipeline facility to provide to the Secretary information the Secretary determines appropriate regarding construction of the pipeline facility, including relating to any shutdown of such construction.”.
Section 60109(c) of title 49, United States Code, is amended by adding at the end the following:
“(12) USE OF DIRECT ASSESSMENTS.—
“(A) TRANSMISSION PIPELINE FACILITIES REGULATION.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall issue regulations for appropriate methods of assessment of transmission pipeline facilities under paragraph (3) that prioritize the use of other inspection methods before, in tandem with, or in lieu of, the use of direct assessment, including internal inspection devices or pressure testing, to provide a greater level of safety.
“(B) DISTRIBUTION PIPELINES STUDY.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall submit to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
(a) In general.—Section 60116 of title 49, United States Code, is amended to read as follows:
Ҥ 60116. Community right-to-know and emergency preparedness
“(a) Public education programs.—
“(1) IN GENERAL.—Each owner or operator of a gas or hazardous liquid pipeline facility shall carry out a continuing program to educate the public on—
“(2) REVIEW AND MODIFICATION OF EXISTING PROGRAMS.—Not later than 1 year after the date of enactment of the SAFER Pipelines Act of 2019, each owner or operator of a gas or hazardous liquid pipeline facility shall—
“(b) Liaison with State, local, and Tribal emergency response entities.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the SAFER Pipelines Act of 2019, an operator of a gas or hazardous liquid pipeline facility shall establish liaison with—
“(A) any State entity with responsibility for pipeline emergency response in each State in which the pipeline facility is located;
“(2) COMMUNITIES WITHOUT LOCAL OR TRIBAL EMERGENCY PLANNING OR RESPONSE ENTITIES.—In a community for which a local or Tribal entity described in paragraph (1) does not exist, the operator of a gas or hazardous liquid pipeline facility shall liaise, to the extent practicable, with the local fire, police, and other emergency response entities.
“(3) AVAILABILITY OF INFORMATION.—
“(A) EVALUATION.—Not later than 2 years after the date of enactment of the SAFER Pipelines Act of 2019, and based on the consultation required under subparagraph (C), the Secretary shall conduct an evaluation and determine whether State, local, and Tribal entities described in paragraphs (1) and (2) have sufficient access to pipeline emergency response information.
“(B) REGULATION.—If the Secretary determines under subparagraph (A) that State, local, and Tribal entities described in paragraphs (1) and (2) do not have sufficient access to pipeline emergency response information, the Secretary shall issue regulations not later than 3 years after the date of enactment of the SAFER Pipelines Act of 2019 specifying relevant emergency response information and requiring each operator of a gas or hazardous liquid pipeline facility to make such information available to the applicable State, local, and Tribal entities described in paragraphs (1) and (2).
(b) Conforming amendment.—The table of sections for chapter 601 of title 49, United States Code, is amended by striking the item relating to section 60116 and inserting the following:
“60116. Community right-to-know and emergency preparedness.”.
Section 60117(n)(1)(B)(i) of title 49, United States Code, is amended by striking “$2,500,000,000” and inserting “$250,000,000”.
Section 60121 of title 49, United States Code, is amended by adding at the end the following:
Section 60123(a) of title 49, United States Code, is amended by striking “knowingly and willfully” and inserting “knowingly or recklessly”.
Section 60125(b)(1) of title 49, United States Code, is amended by striking “and local governments in high consequence areas, as defined by the Secretary,” and inserting “local, and Tribal governments, and nonprofit organizations providing pipeline emergency response training,”.
Section 60131(g) of title 49, United States Code, is amended—
(a) Information To be provided.—Section 60132(a) of title 49, United States Code, is amended—
(b) Requirements for provision of information.—Section 60132 of title 49, United States Code, is amended—
(1) in subsection (b) by striking “under subsection (a)” and inserting “under this section for inclusion in the National Pipeline Mapping System”;
(2) in subsection (f) by striking “to subsection (a)” and inserting “to this section for inclusion in the National Pipeline Mapping System”; and
(3) by adding at the end the following:
“(g) Requirements for covered facilities.—Not later than 1 year after a pipeline facility described in subsection (a) becomes covered by such subsection, the operator of such facility shall provide to the Secretary the information required under paragraphs (1) through (4) of such subsection with respect to such facility.
“(h) Additional information on distribution lines.—Not later than 2 years after a distribution line becomes covered by subsection (a), the operator of such distribution line shall provide to the Secretary, in addition to the information required under paragraphs (1) through (4) of subsection (a), information on the distribution systems that could lead to a point of failure, including—
“(i) Update to system.—
“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection—
“(A) the Secretary shall determine whether the inclusion of additional information in the National Pipeline Mapping System would improve the preparation and response efforts of emergency responders with access to the System; and
“(B) if the Secretary determines under subparagraph (A) that inclusion of additional information in the National Pipeline Mapping System would improve the preparation and response efforts of emergency responders with access to the System, the Secretary shall issue regulations—
Section 60138(a) of title 49, United States Code, is amended—
(a) In general.—Chapter 601 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 60142. Leak detection technology
“(a) Leak detection technology.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations requiring each operator of a gas pipeline facility to install and use advanced leak detection technology on all gas pipelines it operates.
(b) Clerical amendment.—The table of sections for chapter 601 of title 49, United States Code, is amended by adding at the end the following new item:
“60142. Leak detection technology.”.
(a) In general.—Chapter 601 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 60143. Gas pipeline repair criteria
“(a) Leak repair for large loss event.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations requiring each operator of a gas pipeline facility to—
“(1) immediately repair a leak in a gas pipeline facility it operates that results in a large loss event; and
(b) Clerical amendment.—The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end the following new item:
“60143. Gas pipeline repair criteria.”.
(a) In general.—Chapter 601 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 60144. Methane release mitigation
“(a) Methane capture from routine operations or maintenance.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations requiring each operator of a gas pipeline facility to use the best available technology to capture gas released when performing routine operations or maintenance on the pipeline facility.
“(b) Regulations.—In issuing regulations under subsection (a), the Secretary shall establish—
“(1) requirements for the capture of gas released from routine operations, including venting to relieve pressure;
(b) Clerical amendment.—The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end the following new item:
“60144. Methane release mitigation.”.
(a) Coastal waters; coastal beaches.—Section 19 of the PIPES Act of 2016 (49 U.S.C. 60109 note) is amended—
(2) by adding at the end the following:
“(c) Definitions.—In this section, the following definitions apply:
“(1) COASTAL BEACHES.—The term ‘coastal beaches’ means the land between high and low water marks of coastal waters.
“(2) COASTAL WATERS.—The term ‘coastal waters’ has the meaning given such term in section 4101 of the Shore Protection Act of 1988 (33 U.S.C. 2601).”.
(b) Coastal waters.—Section 60109(b)(2) of title 49, United States Code, is amended by striking “marine coastal waters” and inserting “coastal waters”.
(c) Updates.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall complete the revision required under section 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note), as amended by this section.
Section 60302 of title 49, United States Code, is amended—
(3) by adding at the end the following:
“(d) Limitations.—Fees imposed under subsection (a) shall be sufficient to pay for the costs of activities described in subsection (c), except that 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 activities to be financed by fees.”.
(a) In general.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation, in consultation with the Federal Energy Regulatory Commission, shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall prepare a report containing—
(1) the results of a study that—
(A) evaluates the current Federal requirements for pipeline facility design, siting, construction, operation and maintenance, and integrity management, relating to seismicity, land subsidence, landslides, slope instability, frost heave, soil settlement, erosion, and other dynamic geologic conditions that may pose a safety risk;
(b) Report to Congress.—Upon completion of the report prepared pursuant to subsection (a), the National Academy of Sciences shall submit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate the report.
(a) In general.—Chapter 601 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 60145. Pipeline safety enhancement programs
“(a) In general.—The Secretary may establish and carry out limited safety-enhancing testing programs during the period of fiscal years 2020 through 2026 to evaluate innovative technologies and operational practices testing the safe operation of—
“(b) Limitations.—
“(2) INDIVIDUAL OPERATOR MILEAGE LIMITATION.—The Secretary shall limit the mileage an individual operator can test under each program established under subsection (a) to the lesser of—
“(3) HIGH POPULATION AREAS; HIGH CONSEQUENCE AREAS.—Any program established under subsection (a) shall not be located in a high population area (as defined in section 195.450 of title 49, Code of Federal Regulations) or a high consequence area (as defined in section 192.903 of title 49, Code of Federal Regulations).
“(4) UNUSUALLY SENSITIVE AREAS.—Any program established under subsection (a) shall not be located in an unusually sensitive area (as described in section 60109(b)).
“(5) HIGH CONSEQUENCE AREAS FOR HAZARDOUS LIQUID PIPELINES.—
“(A) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report containing an examination of the benefits and costs of prohibiting testing in high consequence areas (as defined in section 195.450 of title 49, Code of Federal Regulations) for hazardous liquid pipelines.
“(B) CONTENTS OF REPORT.—The report described in subparagraph (A) shall examine the safety benefits of allowing testing for hazardous liquid pipelines in high consequence areas and whether additional testing conditions are required to protect such areas while conducting the program established under subsection (a) in such areas.
“(c) Duration.—The term of a testing program established under subsection (a) shall be not more than a period of 4 years beginning on the date of approval of the program.
“(d) Safety standards.—
“(1) IN GENERAL.—The Secretary shall require, as a condition of approval of a testing program under subsection (a), that the safety measures in the testing program are designed to achieve a level of safety that is greater than, or equivalent to, the level of safety required by this chapter.
“(2) DETERMINATION.—
“(e) Considerations.—In establishing a testing program under subsection (a), the Secretary shall consider—
“(2) whether the owners or operators participating in the program have a safety management system in place and how the application for such program proposes to eliminate or mitigate any potential safety risks;
“(3) a description of any measures or activities the owners or operators participating in the program propose to eliminate or mitigate any environmental risks;
“(4) a description of any previous testing and the outcome of such testing of the proposed safety technology through a research and development program carried out by—
“(f) Multiple operators.—
“(1) IN GENERAL.—The Secretary may select up to 5 owners or operators to carry out a testing program under subsection (a) in a single application.
“(2) DETERMINATION.—In selecting owners or operators under paragraph (1), the Secretary shall determine that each testing program proposed by such owners or operators—
“(3) AUTHORITY TO REVOKE PARTICIPATION.—If an owner or operator participating in a program established under subsection (a), the Secretary may revoke permission to participate in such program if—
“(g) Data and findings.—
“(h) Authority to revoke participation.—The Secretary shall immediately revoke participation in a testing program under subsection (a) if—
“(i) Authority to terminate program.—The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.
“(j) State rights.—
“(1) EXEMPTION.—Except as provided in paragraph (2), if a State submits to the Secretary notice that the State requests an exemption from any testing program considered for establishment under this section, the State shall be exempt.
“(2) LIMITATIONS.—
“(3) EXCEPTION.—A State shall be eligible to withdraw from a testing program if an owner or operator conducting such testing program in such State has an incident involving a death, a personal injury necessitating in-patient hospitalization, or a reportable accident (within the meaning of sections 195.50 and 191.3 of title 49, Code of Federal Regulations), and the testing program is determined to be the cause or a contributing factor to such incident.
“(k) Program review process and public notice.—
“(1) IN GENERAL.—The Secretary shall publish in the Federal Register a notice of each testing program under subsection (a), including the order to be considered, and provide an opportunity for public comment for not less than 60 days.
“(2) COMMUNICATION WITH STATES.—
“(A) IN GENERAL.—As part of carrying out the process described in paragraph (1), the Secretary shall individually notify, at the time described in paragraph (1), the relevant authorities in the States such testing programs would be conducted in.
“(B) NOTIFICATION CONTENTS.—The notification described in subparagraph (A) shall include a specific list of the laws or regulations that the State would not be allowed to enforce pursuant to subsection (j)(4) should such testing program go into effect, and the ability of the State to request an exemption from the program.
“(l) Report to Congress.—At the conclusion of each testing program, the Secretary shall make publicly available on the website of the Department of Transportation a report containing—
“(m) Standards.—If a report under subsection (l) indicates that it is practicable to establish technically, operationally, and economically feasible standards for the use of a safety-enhancing technology and any corresponding operational practices tested by the testing program described in the report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations consistent with chapter 5 of title 5 (commonly known as the ‘Administrative Procedures Act’) that—
(b) Clerical amendment.—The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end:
“60145. Pipeline safety enhancement programs.”.
(a) Staffing.—
(1) IN GENERAL.—The Secretary of Transportation shall increase the number of full-time equivalent employees (as compared to the number of positions on the date of enactment of this Act) by—
(b) Recruitment and retention authorities.—The Secretary shall request authority from the Office of Personnel Management to use incentives, as necessary, to recruit and retain a qualified workforce, including for inspection and enforcement personnel and subject matter experts dedicated to rulemaking activities in the Office of Pipeline Safety of the Pipeline and Hazardous Materials Safety Administration—
Not later than 180 days after the date of enactment of this Act, and annually thereafter through calendar year 2023, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall submit to Congress a report on the efforts of the Administration to hire women, minorities, and veterans as inspectors since January 1, 2012.
Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to combine the activities carried out by the Secretary under sections 6106 and 60134 of title 49, United States Code.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations on gas gathering lines based on the notice of proposed rulemaking published on April 8, 2016, titled “Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines” (81 Fed. Reg. 20722).
(a) Definition of outstanding regulation.—In this section, the term “outstanding regulation” means—
(1) a final rule required to be issued under the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90; 125 Stat. 1904) that has not been published in the Federal Register;
(2) a final rule required to be issued under the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (Public Law 114–183; 130 Stat. 514) that has not been published in the Federal Register; and
(b) Requirement.—Not later than 5 days after the date of enactment of this Act, and every 30 days thereafter until an outstanding regulation is published in the Federal Register, the Secretary of Transportation shall provide an update on the status of each outstanding regulation by—
(c) Contents.—The information described in section (b)(1) shall include—
(1) with respect to an outstanding regulation under review by the Office of the Secretary for not more than 45 days—
(2) with respect to an outstanding regulation under review by the Office of the Secretary for more than 45 days—
(3) with respect to an outstanding regulation that has been transmitted to neither the Office of Management and Budget nor the Office of the Secretary—
(a) In general.—
(1) VERIFICATION.—Section 60102(e) of title 49, United States Code, is amended—
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively (and by adjusting the margins accordingly);
(D) by adding at the end the following:
“(C) for facilities identified under subparagraphs (A) and (B), shall include, for all pipes and related components for which the regulations of the Pipeline and Hazardous Materials Safety Administration require compliance with a standard incorporated by reference for such pipe or related component, documentation of verification that such pipe or related component meets such standard.
“(2) VERIFICATION.—The verification described in paragraph (1)(C) shall be conducted by—
(b) Review of compliance of flanges and fittings.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall complete a review of the compliance of flanges and fittings of a pipeline facility (as such term is defined in section 60101 of title 49, United States Code) with Federal requirements.
(2) CONTENTS OF REVIEW.—The review required under paragraph (1) shall include—
(A) a compilation of the existing standards that are incorporated by reference in regulations of the Pipeline and Hazardous Materials Safety Administration and apply to the manufacturing, operation, and maintenance of such flanges and fittings;
(B) a review of the existing oversight authority of the Secretary of Transportation over manufacturers and distributors of such flanges and fittings and any lack of oversight authority that could lead to incidents or accidents;
(C) an analysis of the degree of compliance by such manufacturers and distributors with the standards described in subparagraph (A), the identification of any instances of non-compliance with such standards, and the form, degree, and scope of such non-compliance;
(D) a review of the extent to which verification (as such term is defined in section 60102(e) of title 49, United States Code, as added by this section) by operators of pipeline facilities of whether such flanges and fittings of pipeline facilities meet the applicable standards described in subparagraph (A) is occurring;
(3) REPORT.—Not later than 210 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary of Transportation a report containing the results of the review completed under paragraph (1) and any recommendations for legislation or changes to existing regulations.
(4) PUBLIC COMMENT PROCESS.—
(A) IN GENERAL.—Not later than 30 days after submission of the report required under paragraph (3) to the Secretary, the Secretary shall provide a period of not fewer than 60 days for public comment regarding such report.
The amendments to the Code of Federal Regulations made pursuant to the final rule of the Environmental Protection Agency, titled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources” and published in the Federal Register on June 3, 2016 (81 Fed. Reg. 35824), shall have the same force and effect of law as if such amendments had been enacted by an Act of Congress, except that the Administrator of the Environmental Protection Agency may revise such regulations, as provided for under the Clean Air Act, if such revision would result in a reduction in gas release.
Section 60123 of title 49, United States Code, is amended by adding at the end the following:
“(e) Penalty for threatening the safe operations of pipeline infrastructure.—
Section 60123 of title 49, United States Code, is further amended by adding at the end the following:
“(f) Penalty for causing a defect in pipeline infrastructure under construction.—
“(1) IN GENERAL.—A person knowingly and willfully causing a defect in a pipe, pump, or valve intended to be used in any pipeline facility described in subsection (b) that would affect the integrity or safe operation of any such facility shall be fined under title 18, imprisoned for not more than 5 years, or both.
Section 60123 of title 49, United States Code, is further amended by adding at the end the following:
“(g) Penalty for using a firearm to damage pipeline infrastructure under construction.—
(a) In general.—Chapter 601 of title 49, United States Code, is further amended by adding at the end the following:
Ҥ 60146. Voluntary information-sharing system
“(a) Establishment.—
“(1) IN GENERAL.—Subject to the availability of funds, the Secretary may establish a confidential and nonpunitive voluntary information-sharing system (referred to in this section as the ‘System’) to encourage collaborative efforts to improve inspection information feedback and information sharing, with the purpose of improving natural gas transmission and hazardous liquid pipeline safety.
“(b) Data manager.—In carrying out this section, the Secretary may engage a partner agency or nongovernmental entity to receive, store, manage, and provide for the use of—
“(c) Limitation on disclosure.—
“(1) APPLICABILITY OF FOIA.—Any part of any record (including, but not limited to an analysis by a pipeline operator of the safety risks of the pipeline operator and a statement of the mitigation measures identified by the pipeline operator to address those risks) provided to the Secretary and retained in the System is exempt from the requirements of section 552 of title 5, and specifically exempt from release under subsection (b)(3) of that section, if the record is—
“(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary in consultation with the information owner, may disclose deidentified material or any part of any record comprised of facts otherwise available to the public if, in the sole discretion of the Secretary, the Secretary determines that disclosure would be consistent with the confidentiality needed for the System and improve pipeline safety.
“(d) Excluded evidence.—Except as provided in subsection (f), any data or information submitted to or stored, managed, analyzed, or produced by the System shall not be used—
“(e) Exclusion from discovery.—Except as provided in subsection (f), any data or information submitted to or stored, managed, analyzed, or produced by the System shall not be subject to discovery in any Federal, State, local, Tribal, or private litigation or other proceeding.
“(f) Limitations on exclusion.—The exclusions described in subsections (d) and (e) shall not apply to—
“(2) a reportable release under sections 191.7 or 195.50 of title 49, Code of Federal Regulations (or a successor regulation);
“(g) Governing board.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a governing board co-chaired by the Administrator and a representative of the pipeline industry to—
“(h) Confidentiality.—No person, including any System governing board member, program manager, third-party data manager, issue analysis team member, nor any Federal, State, local or tribal agency, having or obtaining access to any data or information submitted to, stored, managed, analyzed or produced by the System, shall release or communicate that information to any person outside the System, with the sole exception being the publication of reports by the System based on analysis of de-identified information and safety related findings that the System governing board in its sole discretion determines to publish or authorize the Administration to publish.
“(i) Voluntary participation.—No person may be compelled to participate in or submit data or information to the System.
“(j) Sustainable funding.—The Secretary shall explore sustainable funding sources for the System, including public-private partnerships.
(b) Clerical amendment.—The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end the following:
“60146.Voluntary information-sharing system.”.
Union Calendar No. 545 | |||||
| |||||
[Report No. 116–661, Part I] | |||||
A BILL | |||||
To amend title 49, United States Code, to provide enhanced safety and environmental protection in pipeline transportation, and for other purposes. | |||||
December 17, 2020 | |||||
Reported from the Committee on Transportation and Infrastructure with an amendment | |||||
December 17, 2020 | |||||
Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |