[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 93 Received in Senate (RDS)]

112th CONGRESS
  1st Session
H. CON. RES. 93


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2011

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Providing for a correction to the enrollment of the bill H.R. 2845.

    Resolved by the House of Representatives (the Senate concurring), 
That, in the enrollment of the bill H.R. 2845, the Clerk of the House 
of Representatives shall make the following correction: Strike all 
after the enacting clause and insert the following:

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

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011''.
    (b) Amendment of Title 49, United States Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.
    (c) Definitions.--
            (1) Applicability of chapter 601 definitions.--In this Act, 
        any term defined in chapter 601 of title 49, United States 
        Code, has the meaning given that term in that chapter.
            (2) High-consequence area.--In this Act, the term ``high-
        consequence area'' means an area described in section 60109(a) 
        of title 49, United States Code.
    (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
                            definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan 
                            compliance.
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by 
                            pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.
Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government 
                            personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged 
                            businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

    (a) General Penalties; Penalty Considerations.--Section 60122 is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$100,000'' 
                and inserting ``$200,000''; and
                    (B) in the last sentence by striking ``$1,000,000'' 
                and inserting ``$2,000,000''; and
            (2) in subsection (b)(1)(B) by striking ``the ability to 
        pay,''.
    (b) Operator Assistance in Investigations.--Section 60118(e) is 
amended to read as follows:
    ``(e) Operator Assistance in Investigations.--
            ``(1) Assistance and access.--If the Secretary or the 
        National Transportation Safety Board investigates an accident 
        or incident involving a pipeline facility, the operator of the 
        facility shall--
                    ``(A) make available to the Secretary or the Board 
                all records and information that in any way pertain to 
                the accident or incident, including integrity 
                management plans and test results; and
                    ``(B) afford all reasonable assistance in the 
                investigation of the accident or incident.
            ``(2) Operator assistance in investigations.--
                    ``(A) In general.--The Secretary may impose a civil 
                penalty under section 60122 on a person who obstructs 
                or prevents the Secretary from carrying out inspections 
                or investigations under this chapter.
                    ``(B) Obstructs defined.--
                            ``(i) In general.--In this paragraph, the 
                        term `obstructs' includes actions that were 
                        known, or reasonably should have been known, to 
                        prevent, hinder, or impede an investigation 
                        without good cause.
                            ``(ii) Good cause.--In clause (i), the term 
                        `good cause' may include actions such as 
                        restricting access to facilities that are not 
                        secure or safe for nonpipeline personnel or 
                        visitors.''.
    (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) 
is amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
    (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
            (1) in the subsection heading by striking ``and Waiver 
        Orders'' and inserting ``, Orders, and Other Final Agency 
        Actions''; and
            (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of this title'' and inserting ``under 
        this chapter''.

SEC. 3. PIPELINE DAMAGE PREVENTION.

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

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended--
            (1) by striking subsection (j)(3); and
            (2) by adding at the end the following:
    ``(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.''.

SEC. 5. INTEGRITY MANAGEMENT.

    (a) Evaluation.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall evaluate--
            (1) whether integrity management system requirements, or 
        elements thereof, should be expanded beyond high-consequence 
        areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying integrity management program requirements, or 
        elements thereof, to additional areas would mitigate the need 
        for class location requirements.
    (b) Factors.--In conducting the evaluation under subsection (a), 
the Secretary shall consider, at a minimum, the following:
            (1) The continuing priority to enhance protections for 
        public safety.
            (2) The continuing importance of reducing risk in high-
        consequence areas.
            (3) The incremental costs of applying integrity management 
        standards to pipelines outside of high-consequence areas where 
        operators are already conducting assessments beyond what is 
        required under chapter 601 of title 49, United States Code.
            (4) The need to undertake integrity management assessments 
        and repairs in a manner that is achievable and sustainable, and 
        that does not disrupt pipeline service.
            (5) The options for phasing in the extension of integrity 
        management requirements beyond high-consequence areas, 
        including the most effective and efficient options for 
        decreasing risks to an increasing number of people living or 
        working in proximity to pipeline facilities.
            (6) The appropriateness of applying repair criteria, such 
        as pressure reductions and special requirements for scheduling 
        remediation, to areas that are not high-consequence areas.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report, based on the evaluation 
conducted under subsection (a), containing the Secretary's analysis and 
findings regarding--
            (1) expansion of integrity management requirements, or 
        elements thereof, beyond high-consequence areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying the integrity management program requirements, 
        or elements thereof, to additional areas would mitigate the 
        need for class location requirements.
    (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a).
    (e) Technical Correction.--Section 60109(c)(3)(B) is amended to 
read as follows:
                    ``(B) Subject to paragraph (5), periodic 
                reassessments of the facility, at a minimum of once 
                every 7 calendar years, using methods described in 
                subparagraph (A). 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.''.
    (f) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (c); or
                    (B) the date that is 3 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (c) and implement appropriate recommendations, 
        the Secretary shall not, during the review period, issue final 
        regulations described in paragraph (3)(B).
            (3) Standards.--
                    (A) Findings.--As soon as practicable following the 
                review period, the Secretary shall issue final 
                regulations described in subparagraph (B), if the 
                Secretary finds, in the report required under 
                subsection (c), that--
                            (i) integrity management system 
                        requirements, or elements thereof, should be 
                        expanded beyond high-consequence areas; and
                            (ii) with respect to gas transmission 
                        pipeline facilities, applying integrity 
                        management program requirements, or elements 
                        thereof, to additional areas would mitigate the 
                        need for class location requirements.
                    (B) Regulations.--Regulations issued by the 
                Secretary under subparagraph (A), if any, shall--
                            (i) expand integrity management system 
                        requirements, or elements thereof, beyond high-
                        consequence areas; and
                            (ii) remove redundant class location 
                        requirements for gas transmission pipeline 
                        facilities that are regulated under an 
                        integrity management program adopted and 
                        implemented under section 60109(c)(2) of title 
                        49, United States Code.
            (4) Savings clause.--
                    (A) In general.--Notwithstanding any other 
                provision of this subsection, the Secretary, during the 
                review period, may issue final regulations described in 
                paragraph (3)(B), if the Secretary determines that a 
                condition that poses a risk to public safety, property, 
                or the environment is present or an imminent hazard 
                exists and that the regulations will address the risk 
                or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.
    (g) Report to Congress on Risk-Based Pipeline Reassessment 
Intervals.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall evaluate--
            (1) whether risk-based reassessment intervals are a more 
        effective alternative for managing risks to pipelines in high-
        consequence areas once baseline assessments are complete when 
        compared to the reassessment interval specified in section 
        60109(c)(3)(B) of title 49, United States Code;
            (2) the number of anomalies found in baseline assessments 
        required under section 60109(c)(3)(A) of title 49, United 
        States Code, as compared to the number of anomalies found in 
        reassessments required under section 60109(c)(3)(B) of such 
        title; and
            (3) the progress made in implementing the recommendations 
        in GAO Report 06-945 and the current relevance of those 
        recommendations that have not been implemented.

SEC. 6. PUBLIC EDUCATION AND AWARENESS.

    (a) National Pipeline Mapping System.--Section 60132 is amended by 
adding at the end the following:
    ``(d) Map of High-consequence Areas.--The Secretary shall--
            ``(1) maintain, as part of the National Pipeline Mapping 
        System, a map of designated high-consequence areas (as 
        described in section 60109(a)) in which pipelines are required 
        to meet integrity management program regulations, excluding any 
        proprietary or sensitive security information; and
            ``(2) update the map biennially.
    ``(e) Program To Promote Awareness of National Pipeline Mapping 
System.--Not later than 1 year after the date of enactment of this 
subsection, the Secretary shall develop and implement a program 
promoting greater awareness of the existence of the National Pipeline 
Mapping System to State and local emergency responders and other 
interested parties. The program shall include guidance on how to use 
the National Pipeline Mapping System to locate pipelines in communities 
and local jurisdictions.''.
    (b) Information to Emergency Response Agencies.--
            (1) Guidance.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall issue guidance to 
        owners and operators of pipeline facilities on the importance 
        of providing system-specific information about their pipeline 
        facilities to emergency response agencies of the communities 
        and jurisdictions in which those facilities are located.
            (2) Consultation.--Before issuing guidance under paragraph 
        (1), the Secretary shall consult with owners and operators of 
        pipeline facilities to determine the extent to which the owners 
        and operators are already providing system-specific information 
        about their pipeline facilities to emergency response agencies.
    (c) Response Plans.--
            (1) In general.--Chapter 601 is amended by adding at the 
        end the following:
``Sec. 60138. Response plans
    ``(a) In General.--The Secretary of Transportation shall--
            ``(1) maintain on file a copy of the most recent response 
        plan (as defined in part 194 of title 49, Code of Federal 
        Regulations) prepared by an owner or operator of a pipeline 
        facility; and
            ``(2) provide upon written request to a person a copy of 
        the plan, which may exclude, as the Secretary determines 
        appropriate--
                    ``(A) proprietary information;
                    ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations;
                    ``(C) specific response resources and tactical 
                resource deployment plans; and
                    ``(D) the specific amount and location of worst 
                case discharges (as defined in part 194 of title 49, 
                Code of Federal Regulations), including the process by 
                which an owner or operator determines the worst case 
                discharge.
    ``(b) Relationship to FOIA.--Nothing in this section may be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
            (2) Clerical amendment.--The analysis for chapter 601 is 
        amended by inserting after the item relating to section 60137 
        the following:

``60138. Response plans.''.

SEC. 7. CAST IRON GAS PIPELINES.

    (a) Follow-Up Surveys.--Section 60108(d) is amended by adding at 
the end the following:
    ``(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.''.
    (b) Status Report.--Not later than December 31, 2013, the Secretary 
of Transportation shall transmit 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 that--
            (1) identifies the total mileage of cast iron gas pipelines 
        in the United States; and
            (2) evaluates the progress that owners and operators of 
        pipeline facilities have made in implementing their plans for 
        the safe management and replacement of cast iron gas pipelines.

SEC. 8. LEAK DETECTION.

    (a) Leak Detection Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on Energy 
        and Commerce of the House of Representatives a report on leak 
        detection systems utilized by operators of hazardous liquid 
        pipeline facilities and transportation-related flow lines.
            (2) Contents.--The report shall include--
                    (A) an analysis of the technical limitations of 
                current leak detection systems, including the ability 
                of the systems to detect ruptures and small leaks that 
                are ongoing or intermittent, and what can be done to 
                foster development of better technologies; and
                    (B) an analysis of the practicability of 
                establishing technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks, and the safety benefits 
                and adverse consequences of requiring operators to use 
                leak detection systems.
    (b) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (a); or
                    (B) the date that is 2 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (a) and implement appropriate recommendations, 
        the Secretary, during the review period, shall not issue final 
        regulations described in paragraph (3).
            (3) Standards.--As soon as practicable following the review 
        period, if the report required by subsection (a) finds that it 
        is practicable to establish technically, operationally, and 
        economically feasible standards for the capability of leak 
        detection systems to detect leaks, the Secretary shall issue 
        final regulations that--
                    (A) require operators of hazardous liquid pipeline 
                facilities to use leak detection systems where 
                practicable; and
                    (B) establish technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks.
            (4) Savings clause.--
                    (A) In general.--Notwithstanding any other 
                provision of this subsection, the Secretary, during the 
                review period, may issue final regulations described in 
                paragraph (3) if the Secretary determines that a 
                condition that poses a risk to public safety, property, 
                or the environment is present or an imminent hazard 
                exists and that the regulations will address the risk 
                or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment 
                may occur.

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.

    (a) Revision of Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
revise regulations issued under sections 191.5 and 195.52 of title 49, 
Code of Federal Regulations, to establish specific time limits for 
telephonic or electronic notice of accidents and incidents involving 
pipeline facilities to the Secretary and the National Response Center.
    (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
            (1) establish time limits for telephonic or electronic 
        notification of an accident or incident to require such 
        notification at the earliest practicable moment following 
        confirmed discovery of an accident or incident and not later 
        than 1 hour following the time of such confirmed discovery;
            (2) review procedures for owners and operators of pipeline 
        facilities and the National Response Center to provide thorough 
        and coordinated notification to all relevant State and local 
        emergency response officials, including 911 emergency call 
        centers, for the jurisdictions in which those pipeline 
        facilities are located in the event of an accident or incident, 
        and revise such procedures as appropriate; and
            (3) require such owners and operators to revise their 
        initial telephonic or electronic notice to the Secretary and 
        the National Response Center with an estimate of the amount of 
        the product released, an estimate of the number of fatalities 
        and injuries, if any, and any other information determined 
        appropriate by the Secretary within 48 hours of the accident or 
        incident, to the extent practicable.
    (c) Updating of Reports.--After receiving revisions described in 
subsection (b)(3), the National Response Center shall update the 
initial report on an accident or incident instead of generating a new 
report.

SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
              COMPLIANCE.

    (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.
    (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by 
striking ``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.

SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.

    (a) In General.--Section 60132(a) is amended by adding at the end 
the following:
            ``(4) Any other geospatial or technical data, including 
        design and material specifications, that the Secretary 
        determines are necessary to carry out the purposes of this 
        section. The Secretary shall give reasonable notice to 
        operators that the data are being requested.''.
    (b) Disclosure Limited to FOIA Requirements.--Section 60132, as 
amended by this Act, is further amended by adding at the end the 
following:
    ``(f) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.

SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(o) Transportation-Related Oil Flow Lines.--
            ``(1) Data collection.--The Secretary may collect 
        geospatial or technical data on transportation-related oil flow 
        lines, including unregulated transportation-related oil flow 
        lines.
            ``(2) Transportation-related oil flow line defined.--In 
        this subsection, the term `transportation-related oil flow 
        line' means a pipeline transporting oil off of the grounds of 
        the well where it originated 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.''.

SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.

    (a) In General.--Section 60117(n) is amended to read as follows:
    ``(n) Cost Recovery for Design Reviews.--
            ``(1) In general.--
                    ``(A) Review costs.--For any project described in 
                subparagraph (B), if the Secretary conducts facility 
                design safety reviews in connection with a proposal to 
                construct, expand, or operate a 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).''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall issue guidance to 
clarify the meaning of the term ``new or novel technologies or design'' 
as used in section 60117(n)(1)(B)(ii) of title 49, United States Code, 
as amended by subsection (a) of this section.

SEC. 14. BIOFUEL PIPELINES.

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

SEC. 15. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended--
            (1) by striking ``The Secretary shall regulate'' and 
        inserting the following:
            ``(1) Transportation in liquid state.--The Secretary shall 
        regulate''.
            (2) by adding at the end the following new paragraph:
            ``(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.''.

SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

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

SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
              PIPELINE.

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

SEC. 18. CLARIFICATIONS.

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

SEC. 19. MAINTENANCE OF EFFORT.

    Section 60107(b) is amended by adding at the end the following: 
``For each of fiscal years 2012 and 2013, the Secretary shall grant 
such a waiver to a State if the State can demonstrate an inability to 
maintain or increase the required funding share of its safety program 
at or above the level required by this subsection due to economic 
hardship in that State. For fiscal year 2014, and each fiscal year 
thereafter, the Secretary may grant such a waiver to a State if the 
State can make the demonstration described in the preceding 
sentence.''.

SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) Issuance of Regulations.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        issue regulations--
                    (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 of title 49, United States Code, to be 
                convened before a presiding official;
                    (B) providing the opportunity for any person 
                requesting a hearing under section 60112, 60117, 60118, 
                or 60122 of such title to arrange for a transcript of 
                the hearing, at the expense of the requesting person;
                    (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e) of such title;
                    (D) implementing a separation of functions between 
                personnel involved with the investigation and 
                prosecution of an enforcement case and advising the 
                Secretary on findings and determinations; and
                    (E) prohibiting ex-parte communication relevant to 
                the question to be decided in such a case by parties to 
                an investigation or hearing.
            (2) Presiding official.--The regulations issued under this 
        subsection shall--
                    (A) define the term ``presiding official'' to mean 
                the person who conducts any hearing relating to civil 
                penalty assessments, compliance orders, safety orders, 
                or corrective action orders; and
                    (B) require that the presiding official be an 
                attorney on the staff of the Deputy Chief Counsel of 
                the Pipeline and Hazardous Materials Safety 
                Administration that is not engaged in investigative or 
                prosecutorial functions, including the preparation of 
                notices of probable violations, notices relating to 
                civil penalty assessments, notices relating to 
                compliance, or notices of proposed corrective actions.
            (3) Expedited review.--The regulations issued under this 
        subsection shall define the term ``expedited review'' for the 
        purposes of paragraph (1)(C).
    (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
    ``(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 5.''.

SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.

    (a) Review.--The Secretary of Transportation shall conduct a review 
of existing Federal and State regulations for gas and hazardous liquid 
gathering lines located onshore and offshore in the United States, 
including within the inlets of the Gulf of Mexico.
    (b) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        review.
            (2) Recommendations.--The report shall include the 
        Secretary's recommendations with respect to--
                    (A) the sufficiency of existing Federal and State 
                laws and regulations to ensure the safety of gas and 
                hazardous liquid gathering lines;
                    (B) the economic impacts, technical practicability, 
                and challenges of applying existing Federal regulations 
                to gathering lines that are not currently subject to 
                Federal regulation when compared to the public safety 
                benefits; and
                    (C) subject to a risk-based assessment, the need to 
                modify or revoke existing exemptions from Federal 
                regulation for gas and hazardous liquid gathering 
                lines.
    (c) Offshore Gathering Lines.--Section 60108(c) is amended by 
adding at the end the following:
    ``(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.''.

SEC. 22. EXCESS FLOW VALVES.

    Section 60109(e)(3) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--Not later 
                than 2 years after the date of enactment of the 
                Pipeline 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.''.

SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 60139. Maximum allowable operating pressure
    ``(a) Verification of Records.--
            ``(1) In general.--The Secretary of Transportation shall 
        require each owner or operator of a pipeline facility to 
        conduct, not later than 6 months after the date of enactment of 
        this section, a verification of the records of the owner or 
        operator relating to the interstate and intrastate gas 
        transmission pipelines of the owner or operator in class 3 and 
        class 4 locations and class 1 and class 2 high-consequence 
        areas.
            ``(2) Purpose.--The purpose of the verification shall be to 
        ensure that the records accurately reflect the physical and 
        operational characteristics of the pipelines described in 
        paragraph (1) and confirm the established maximum allowable 
        operating pressure of the pipelines.
            ``(3) Elements.--The verification process under this 
        subsection shall include such elements as the Secretary 
        considers appropriate.
    ``(b) Reporting.--
            ``(1) Documentation of certain pipelines.--Not later than 
        18 months after the date of enactment of this section, each 
        owner or operator of a pipeline facility shall identify and 
        submit to the Secretary documentation relating to each pipeline 
        segment of the owner or operator described in subsection (a)(1) 
        for which the records of the owner or operator are insufficient 
        to confirm the established maximum allowable operating pressure 
        of the segment.
            ``(2) Exceedances of maximum allowable operating 
        pressure.--If there is an exceedance of the maximum allowable 
        operating pressure with respect to a gas transmission pipeline 
        of an owner or operator of a pipeline facility that exceeds the 
        build-up allowed for operation of pressure-limiting or control 
        devices, the owner or operator shall report the exceedance to 
        the Secretary and appropriate State authorities on or before 
        the 5th day following the date on which the exceedance occurs.
    ``(c) Determination of Maximum Allowable Operating Pressure.--
            ``(1) In general.--In the case of a transmission line of an 
        owner or operator of a pipeline facility identified under 
        subsection (b)(1), the Secretary shall--
                    ``(A) require the owner or operator to reconfirm a 
                maximum allowable operating pressure as expeditiously 
                as economically feasible; and
                    ``(B) determine what actions are appropriate for 
                the pipeline owner or operator to take to maintain 
                safety until a maximum allowable operating pressure is 
                confirmed.
            ``(2) Interim actions.--In determining the actions for an 
        owner or operator of a pipeline facility to take under 
        paragraph (1)(B), the Secretary shall take into account 
        potential consequences to public safety and the environment, 
        potential impacts on pipeline system reliability and 
        deliverability, and other factors, as appropriate.
    ``(d) Testing Regulations.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall issue 
        regulations for conducting tests to confirm the material 
        strength of previously untested natural gas transmission 
        pipelines located in high-consequence areas and operating at a 
        pressure greater than 30 percent of specified minimum yield 
        strength.
            ``(2) Considerations.--In developing the regulations, the 
        Secretary shall consider safety testing methodologies, 
        including, at a minimum--
                    ``(A) pressure testing; and
                    ``(B) other alternative methods, including in-line 
                inspections, determined by the Secretary to be of equal 
                or greater effectiveness.
            ``(3) Completion of testing.--The Secretary, in 
        consultation with the Chairman of the Federal Energy Regulatory 
        Commission and State regulators, as appropriate, shall 
        establish timeframes for the completion of such testing that 
        take into account potential consequences to public safety and 
        the environment and that minimize costs and service 
        disruptions.
    ``(e) High-consequence Area Defined.--In this section, the term 
`high-consequence area' means an area described in section 60109(a).''.
    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60138 the following:

``60139. Maximum allowable operating pressure.''.

SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 year after the date of enactment of this subsection, the 
Secretary may not issue guidance or a regulation pursuant to this 
chapter that incorporates by reference any documents or portions 
thereof unless the documents or portions thereof are made available to 
the public, free of charge, on an Internet Web site.''.

SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT 
              PERSONNEL.

    (a) In General.--To further the objectives of chapter 601 of title 
49, United States Code, the Secretary of Transportation may provide the 
services of personnel from the Pipeline and Hazardous Materials Safety 
Administration to provide training for State and local government 
personnel at a pipeline safety training facility that is established 
and operated by an agency or instrumentality of the United States, a 
unit of State or local government, or an educational institution.
    (b) Reimbursements for Training Expenditures.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may require reimbursement from sources other 
        than the Federal Government for all expenses incurred by the 
        Secretary in providing training for State and local government 
        personnel under subsection (a), including salaries, expenses, 
        transportation for Pipeline and Hazardous Materials Safety 
        Administration personnel, and the cost of training materials.
            (2) Authorization of appropriations.--Amounts collected as 
        reimbursement under paragraph (1) are authorized to be 
        appropriated for the purposes set forth in chapter 601 of title 
        49, United States Code.

SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED 
              BUSINESSES.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, based upon available 
information, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives a comprehensive report assessing the levels and types 
of participation and methods of facilitating the participation of 
minority-owned business enterprises, woman-owned business enterprises, 
and disadvantaged business enterprises in the construction and 
operation of pipeline facilities in the United States.

SEC. 27. REPORT ON PIPELINE PROJECTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a comprehensive study regarding the process for obtaining 
Federal and State permits for projects to construct pipeline 
facilities.
    (b) Evaluation.--In conducting the study, the Comptroller General 
shall evaluate how long it takes to issue permits for pipeline 
construction projects, the relationship between the States and the 
Federal Government in issuing such permits, and any recommendations 
from the States for improving the permitting process.
    (c) Consultation.--In conducting the study, the Comptroller General 
shall consult with 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.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the results of 
the study.

SEC. 28. COVER OVER BURIED PIPELINES.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 60140. Cover over buried pipelines
    ``(a) Hazardous Liquid Pipeline Incidents Involving Buried 
Pipelines.--
            ``(1) Study.--The Secretary of Transportation shall conduct 
        a study of hazardous liquid pipeline incidents at crossings of 
        inland bodies of water with a width of at least 100 feet from 
        high water mark to high water mark to determine if the depth of 
        cover over the buried pipeline was a factor in any accidental 
        release of hazardous liquids.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall transmit 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.
    ``(b) Assessment of Current Requirements for Depth of Cover Over 
Buried Pipelines.--
            ``(1) In general.--If, following completion of the study 
        under subsection (a), the Secretary finds that the depth of 
        cover over buried pipelines is a contributing factor in the 
        accidental release of hazardous liquids from the pipelines, the 
        Secretary, not later than 1 year after the date of completion 
        of the study, shall review and determine the sufficiency of 
        current requirements for the depth of cover over buried 
        pipelines.
            ``(2) Legislative recommendations.--
                    ``(A) Development.--If the Secretary determines 
                under paragraph (1) that the current requirements for 
                the depth of cover over buried pipelines are 
                insufficient, the Secretary shall develop legislative 
                recommendations for improving the safety of buried 
                pipelines at crossings of inland bodies of water with a 
                width of at least 100 feet from high water mark to high 
                water mark.
                    ``(B) Consideration of factors.--In developing 
                legislative recommendations under subparagraph (A), the 
                Secretary shall consider the factors specified in 
                section 60102(b)(2).
                    ``(C) Report to congress.--If the Secretary 
                develops legislative recommendations under subparagraph 
                (A), the Secretary shall submit to the committees 
                referred to in subsection (a)(2) a report containing 
                the legislative recommendations.''.
    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60139 the following:

``60140. Cover over buried pipelines.''.

SEC. 29. SEISMICITY.

    In identifying and evaluating all potential threats to each 
pipeline segment pursuant to parts 192 and 195 of title 49, Code of 
Federal Regulations, an operator of a pipeline facility shall consider 
the seismicity of the area.

SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall develop and implement a protocol for 
consulting with Indian tribes to provide technical assistance for the 
regulation of pipelines that are under the jurisdiction of Indian 
tribes.

SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.

    (a) Inspection and Enforcement Needs.--Not later than 12 months 
after the date of enactment of this Act, the Secretary of 
Transportation 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 that provides information on--
            (1) the total number of full-time equivalent positions for 
        pipeline inspection and enforcement personnel at the Pipeline 
        and Hazardous Materials Safety Administration;
            (2) out of the total number of such positions, how many of 
        the positions are not filled and the reasons why the positions 
        are not filled;
            (3) the actions the Administrator of the Pipeline and 
        Hazardous Materials Safety Administration is taking to fill the 
        positions; and
            (4) any additional inspection and enforcement resource 
        needs of the Pipeline and Hazardous Materials Safety 
        Administration.
    (b) Staffing.--Subject to the availability of funds, the Secretary 
may increase the number of positions for pipeline inspection and 
enforcement personnel at the Pipeline and Hazardous Materials Safety 
Administration by 10 full-time equivalent employees, if--
            (1) on or before September 30, 2014, the Secretary fills 
        the 135 full-time equivalent positions for pipeline inspection 
        and enforcement personnel specified in section 18(e) of the 
        Pipeline Inspection, Protection, Enforcement, and Safety Act of 
        2006 (120 Stat. 3498); and
            (2) in preparing the report under subsection (a), the 
        Secretary finds that additional pipeline inspection and 
        enforcement personnel are necessary.

SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(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.
            ``(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.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
    (c) One-Call Notification Programs.--Section 6107 is amended--
            (1) in subsection (a) by striking ``2007 through 2010.'' 
        and inserting ``2012 through 2015.'';
            (2) in subsection (b) by striking ``2007 through 2010.'' 
        and inserting ``2012 through 2015.''; and
            (3) by striking subsection (c).
    (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
            (1) in subsection (a)(1) by striking ``$50,000'' and 
        inserting ``$100,000'';
            (2) in subsection (b)--
                    (A) by inserting ``to grant recipients and their 
                contractors'' after ``this section''; and
                    (B) by inserting ``, for direct advocacy for or 
                against a pipeline construction or expansion project,'' 
                after ``for lobbying''; and
            (3) in subsection (d) by striking ``$1,000,000 for each of 
        the fiscal years 2003 through 2010'' and inserting ``$1,500,000 
        for each of fiscal years 2012 through 2015''.
    (f) Pipeline Transportation Research and Development.--Section 12 
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) 
is amended--
            (1) in subsection (d) by adding at the end the following:
            ``(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.''.
            (2) in subsection (f) by striking ``2003 through 2006.'' 
        and inserting ``2012 through 2015.''.

            Passed the House of Representatives December 14, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.