[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2980 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2980

To amend title 49, United States Code, to eliminate the requirement for 
cost-benefit analyses in the establishment of minimum safety standards 
  for pipeline transportation and pipeline facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

  Mr. Markey introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to eliminate the requirement for 
cost-benefit analyses in the establishment of minimum safety standards 
  for pipeline transportation and pipeline facilities, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Penalizing and Improving Prevention 
of Emergencies Act of 2023'' or the ``PIPE Act of 2023''.

SEC. 2. COST-BENEFIT ANALYSES.

    (a) In General.--Section 60102(b) of title 49, United States Code, 
is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraphs (D) and (E); and
                    (B) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (D) and (E), respectively; and
            (2) by striking paragraphs (3) through (7).
    (b) Technical and Safety Standards Committees.--Section 60115 of 
title 49, United States Code, is amended--
            (1) in subsection (a), by striking the third sentence;
            (2) in subsection (b)(4)(C), by striking the second 
        sentence; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``Committee each standard proposed under this 
                        chapter for transporting gas and for gas 
                        pipeline facilities including the risk 
                        assessment information and other analyses 
                        supporting each proposed standard;'' and 
                        inserting the following: ``Committee--
                    ``(i) each standard proposed under this chapter 
                for--
                            ``(I) transporting gas; or
                            ``(II) gas pipeline facilities; and
                    ``(ii) analyses supporting each proposed standard 
                described in clause (i);''; and
                            (ii) in subparagraph (B), by striking 
                        ``Committee each standard proposed under this 
                        chapter for transporting hazardous liquid and 
                        for hazardous liquid pipeline facilities 
                        including the risk assessment information and 
                        other analyses supporting each proposed 
                        standard.'' and inserting the following: 
                        ``Committee--
                    ``(i) each standard proposed under this chapter 
                for--
                            ``(I) transporting hazardous liquid; or
                            ``(II) hazardous liquid pipeline 
                        facilities; and
                    ``(ii) analyses supporting each proposed standard 
                described in clause (i).''; and
                    (B) in paragraph (2), by striking ``cost-
                effectiveness,''.

SEC. 3. ELIMINATION OF NONAPPLICATION CLAUSE FOR EXISTING PIPELINES.

    (a) In General.--Section 60104 of title 49, United States Code, is 
amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsections (c) through (e) as 
        subsections (b) through (d), respectively.
    (b) Conforming Amendments.--
            (1) Section 60106(b)(1) of title 49, United States Code, is 
        amended, in the third sentence, by striking ``section 
        60104(c)'' and inserting ``section 60104(b)''.
            (2) Section 60109(c) of title 49, United States Code, is 
        amended--
                    (A) by striking paragraph (11); and
                    (B) by redesignating paragraph (12) as paragraph 
                (11).

SEC. 4. PROHIBITION AGAINST RELEASES.

    Section 60118(a) of title 49, United States Code, is amended--
            (1) in paragraph (4), by striking the period at the end and 
        inserting ``; and'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively, and indenting 
        appropriately;
            (3) in the matter preceding subparagraph (A) (as so 
        redesignated), by striking ``facility shall--'' and inserting 
        the following: ``facility--
            ``(1) shall--''; and
            (4) by adding at the end the following:
            ``(2) shall not release gas or hazardous liquid from a 
        pipeline facility in a quantity that would require the 
        reporting of an incident or accident under a regulation 
        prescribed under this chapter.''.

SEC. 5. PENALTIES.

    (a) Maximum Civil Penalty for a Related Series of Violations.--
            (1) In general.--Section 60122(a)(1) of title 49, United 
        States Code, is amended by striking the third sentence.
            (2) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation, acting 
        through the Administrator of the Pipeline and Hazardous 
        Materials Safety Administration, shall revise subpart B of part 
        190 of title 49, Code of Federal Regulations, in accordance 
        with the amendment made by paragraph (1).
    (b) Scienter Requirement for Criminal Penalties.--Section 60123(a) 
of title 49, United States Code, is amended--
            (1) by striking ``knowingly and willfully'' and inserting 
        ``knowingly, willfully, or recklessly'';
            (2) by striking ``A person'' and inserting the following:
            ``(1) In general.--A person''; and
            (3) by adding at the end the following:
            ``(2) Meaning of terms.--
                    ``(A) In general.--For purposes of paragraph (1)--
                            ``(i) a person acts knowingly when--
                                    ``(I) the person has actual 
                                knowledge of the facts giving rise to 
                                the violation; or
                                    ``(II) a reasonable person acting 
                                in the circumstances and exercising 
                                reasonable care would have that 
                                knowledge;
                            ``(ii) a person acts willfully when--
                                    ``(I) the person has knowledge of 
                                the facts giving rise to the violation; 
                                and
                                    ``(II) the person has knowledge 
                                that the conduct was unlawful; and
                            ``(iii) a person acts recklessly when the 
                        person displays a deliberate indifference or 
                        conscious disregard to the consequences of that 
                        person's conduct.
                    ``(B) Knowledge.--For purposes of paragraph (1), 
                knowledge of the existence of a statutory provision, or 
                a regulation or requirement of the Secretary, is not an 
                element of an offense under that paragraph.''.
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