[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[Senate]
[Pages 15722-15730]
[From the U.S. Government Publishing Office, www.gpo.gov]




         PIPELINE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2011

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to Calendar No. 96.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 275) to amend title 49, United States Code, to 
     provide for enhanced safety and environmental protection in 
     pipeline transportation, to provide for enhanced reliability 
     in the transportation of the Nation's energy products by 
     pipeline, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

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

       (a) Short Title.--This Act may be cited as the ``Pipeline 
     Transportation Safety Improvement 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) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; amendment of title 49, United States Code; table 
              of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan 
              compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation-related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of the transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by 
              pipeline.
Sec. 24. Clarifications.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Administrative enforcement process.

[[Page 15723]]

Sec. 29. Authorization of appropriations.

     SEC. 2. CIVIL PENALTIES.

       (a) Penalty Considerations; Major Consequence Violations.--
     Section 60122 is amended--
       (1) by striking ``the ability to pay,'' in subsection 
     (b)(1)(B);
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Penalties for Major Consequence Violations.--
       ``(1) In general.--A person that the Secretary of 
     Transportation decides, after written notice and an 
     opportunity for a hearing, has committed a major consequence 
     violation of section 60114(b), 60114(d), or 60118(a) of this 
     title or a regulation prescribed or order issued under this 
     chapter is liable to the United States Government for a civil 
     penalty of not more than $250,000 for each violation. A 
     separate violation occurs for each day the violation 
     continues. The maximum civil penalty under this paragraph for 
     a related series of major consequence violations is 
     $2,500,000.
       ``(2) Penalty considerations.--In determining the amount of 
     a civil penalty for a major consequence violation under this 
     subsection, the Secretary shall consider the factors 
     prescribed in subsection (b).
       ``(3) Major consequence violation defined.--In this 
     subsection, the term `major consequence violation' means a 
     violation that contributed to an incident resulting in--
       ``(A) 1 or more deaths;
       ``(B) 1 or more injuries or illnesses requiring in-patient 
     hospitalization; or
       ``(C) environmental harm exceeding $250,000 in estimated 
     damage to the environment including property loss other than 
     the value of natural gas or hazardous liquid lost, or damage 
     to pipeline equipment.''.
       (b) Penalty for Obstruction of Inspections and 
     Investigations.--Section 60118(e) is amended by adding at the 
     end the following: ``The Secretary may impose a civil penalty 
     under section 60122 of this title on a person who obstructs 
     or prevents the Secretary from carrying out inspections or 
     investigations under this chapter.''.
       (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 of this title shall 
     not apply to enforcement actions under this section.''.
       (d) Judicial Review of Administrative Enforcement Orders.--
     Section 60119(a) is amended--
       (1) by striking the subsection caption and inserting ``(a) 
     Review of Regulations, Orders, and Other Final Agency 
     Actions.--''; and
       (2) by striking ``about an application for a waiver under 
     section 60118(c) or (d) of'' and inserting ``under''.

     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 shall, at 
     a minimum, 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.--A State one-call notification 
     program may not exempt municipalities, State agencies, or 
     their contractors from its one-call notification system 
     requirements.''.
       (b) State Damage Prevention Programs.--Section 60134(a) is 
     amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (1);
       (2) by striking ``(b).'' in paragraph (2) 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 its one-call 
     notification system requirements.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of enactment of this 
     Act.

     SEC. 4. OFFSHORE GATHERING PIPELINES.

       Section 60102(k)(1) is amended by striking the last 
     sentence and inserting ``Not later than 1 year after the date 
     of enactment of the Pipeline Transportation Safety 
     Improvement Act of 2011, the Secretary shall issue 
     regulations, after notice and an opportunity for a hearing, 
     subjecting offshore hazardous liquid gathering pipelines and 
     hazardous liquid gathering pipelines located within the 
     inlets of the Gulf of Mexico to the same standards and 
     regulations as other hazardous liquid gathering pipelines. 
     The regulations issued under this paragraph shall not apply 
     to low-stress distribution pipelines.''.

     SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

       Section 60102 is amended by adding at the end the 
     following:
       ``(n) Automatic and Remote-controlled Shut-off Valves.--Not 
     later than 2 years after the date of enactment of the 
     Pipeline Transportation Safety Improvement Act of 2011, the 
     Secretary shall by regulation, after notice and an 
     opportunity for a hearing, require the use of automatic or 
     remote-controlled shut-off valves, or equivalent technology, 
     where economically, technically, and operationally feasible 
     on transmission pipelines constructed or entirely replaced 
     after the date on which the Secretary issues a final rule.''.

     SEC. 6. 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, multi-family 
     facilities, and small commercial facilities.--Not later than 
     2 years after the date of enactment of the Pipeline 
     Transportation Safety Improvement Act of 2011, the Secretary 
     shall prescribe regulations, after notice and an opportunity 
     for hearing, to require the use of excess flow valves, where 
     economically and technically feasible, on new or entirely 
     replaced distribution branch services, multi-family 
     facilities, and small commercial facilities.''.

     SEC. 7. INTEGRITY MANAGEMENT.

       (a) Evaluation.--Within 1 year 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 (as defined under section 60109(a) of title 49, United 
     States Code);
       (2) with respect to gas pipeline facilities, whether 
     applying the integrity management program requirements to 
     additional areas would mitigate the need for class location 
     requirements, with an emphasis on class 3 and 4 facilities; 
     and
       (3) whether data collected outside high consequence areas 
     as part of gas transmission pipeline integrity management 
     programs should be included as part of the records required 
     to be maintained by operators.
       (b) Standards.--Not later than 1 year after completion of 
     the evaluation, the Secretary shall prescribe such 
     regulations, as appropriate, after notice and an opportunity 
     for a hearing.
       (c) Data Reporting.--The Secretary shall collect any 
     relevant data necessary to complete the evaluation required 
     by subsection (a) and may collect such additional data 
     pursuant to regulations promulgated under subsection (b) as 
     may be necessary.
       (d) Seismicity.--In identifying high consequence areas 
     under section 60109, the Secretary shall consider the 
     seismicity of the area.

     SEC. 8. PUBLIC EDUCATION AND AWARENESS.

       (a) In General.--Chapter 601 is amended by adding at the 
     end the following:

     ``Sec. 60138. Public education and awareness

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Pipeline Transportation Safety Improvement 
     Act of 2011, the Secretary shall--
       ``(1) maintain a monthly updated summary of all completed 
     and final natural gas and hazardous liquid pipeline 
     inspections conducted by or reported to the Pipeline and 
     Hazardous Materials Safety Administration that includes--
       ``(A) identification of the operator inspected;
       ``(B) the type of inspection;
       ``(C) the results of the inspection, including any 
     deficiencies identified; and
       ``(D) any corrective actions required to be taken by the 
     operator to remediate such deficiencies;
       ``(2) maintain--
       ``(A) a status indication of the review and approval of 
     each gas emergency response plan pursuant to section 
     60102(d)(5) of this title and of each hazardous liquid 
     pipeline operator's response plan pursuant to part 194 of 
     title 49, Code of Federal Regulations;
       ``(B) a comprehensive description of the requirements for 
     such plans; and
       ``(C) a detailed summary of each approved plan written by 
     the operator that includes the key elements of the plan, but 
     which may exclude--
       ``(i) proprietary information;
       ``(ii) security-sensitive information, including as 
     referenced in section 1520.5(a) of title 49, code of Federal 
     Regulations;
       ``(iii) specific response resources and tactical resource 
     deployment plans; and
       ``(iv) the specific amount and location of worst-case 
     discharges, including the process by which an operator 
     determines the worst discharge.
       ``(3) excluding any proprietary or security-sensitive 
     information, as part of the National Pipeline Mapping System 
     maintain a map of all currently designated high consequence 
     areas in which pipelines are required to meet integrity 
     management safety regulations and update the map annually; 
     and
       ``(4) maintain a copy or, at a minimum, a detailed summary 
     of any industry-developed or professional organization 
     pipeline safety standards that have been incorporated by 
     reference into regulations, to the extent consistent with 
     fair use.
       ``(b) Public Availability.--The requirements of subsection 
     (a) shall be considered to have been met if the information 
     required to be made public is made available on the Pipeline 
     and Hazardous Materials Safety Administration's public Web 
     site.
       ``(c) Relationship to FOIA.--Nothing in this section shall 
     be construed to require disclosure of information or records 
     that are exempt from disclosure under section 552 of title 
     5.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     601 is amended by inserting

[[Page 15724]]

     after the item relating to section 60137 the following new 
     item:

``60138. Public education and awareness''.

     SEC. 9. CAST IRON GAS PIPELINES.

       (a) Survey Update.--Not later than one year after the 
     enactment of this Act, the Secretary of Transportation shall 
     conduct a follow-on survey to the survey conducted under 
     section 60108(d) to determine--
       (1) the extent to which each operator has adopted a plan 
     for the safe management and replacement of cast iron 
     pipelines;
       (2) the elements of the plan, including the anticipated 
     rate of replacement; and
       (3) the progress that has been made.
       (b) Survey Frequency.--Section 60108(d) is amended by 
     adding at the end the following new paragraph:
       ``(4) The secretary shall conduct a follow-up survey to 
     measure progress of plan implementation biannually.''.

     SEC. 10. LEAK DETECTION.

       (a) Leak Detection Study Update.--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 Committees 
     on Transportation and Infrastructure and on Energy and 
     Commerce of the House of Representatives an updated report on 
     leak detection systems utilized by operators of hazardous 
     liquid pipelines and transportation-related flow lines. The 
     report shall include an analysis of the technical limitations 
     of current leak detection systems, including the systems' 
     ability to detect ruptures and small leaks that are ongoing 
     or intermittent, and what can be done to foster development 
     of better technologies.
       (b) Leak Detection Standards.--Not later than 1 year after 
     completion of the report, the Secretary shall, as 
     appropriate, based on the study in subsection (a), prescribe 
     regulations, after notice and an opportunity for a hearing, 
     requiring an operator of a hazardous liquid pipeline to use 
     leak detection technologies, particularly in high consequence 
     areas.

     SEC. 11. INCIDENT NOTIFICATION.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary of Transportation shall--
       (1) prescribe regulations, after notice and an opportunity 
     for a hearing, that establish time limits for accident and 
     incident telephonic or electronic notification by pipeline 
     operators to State and local government officials and 
     emergency responders when a spill or rupture occurs; and
       (2) review procedures for pipeline operators and the 
     National Response Center to provide thorough and coordinated 
     notification to all relevant emergency response officials and 
     revise such procedures as appropriate.

     SEC. 12. 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. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.

       (a) In General.--Section 60132(a) is amended--
       (1) by striking ``and gathering lines''; and
       (2) by adding at the end the following:
       ``(4) Any other geospatial, technical, or other related 
     pipeline data, including design and material specifications, 
     that the Secretary determines is 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 
     is amended by adding at the end the following:
       ``(d) 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. 14. INTERNATIONAL COOPERATION AND CONSULTATION.

       Section 60117 is amended by adding at the end the 
     following:
       ``(o) International Cooperation and Consultation.--
       ``(1) Information exchange and technical assistance.--If 
     the Secretary determines that it would benefit the United 
     States, subject to guidance from the Secretary of State, the 
     Secretary may engage in activities supporting cooperative 
     international efforts to share information about the risks to 
     the public and the environment from pipelines and means of 
     protecting against those risks. Such cooperation may include 
     the exchange of information with domestic and appropriate 
     international organizations to facilitate efforts to develop 
     and improve safety standards and requirements for pipeline 
     transportation in or affecting interstate or foreign 
     commerce.
       ``(2) Consultation.--To the extent practicable, subject to 
     guidance from the Secretary of State, the Secretary may 
     consult with interested authorities in Canada, Mexico, and 
     other interested authorities, as needed, to ensure that the 
     respective pipeline safety standards and requirements 
     prescribed by the Secretary and those prescribed by such 
     authorities are consistent with the safe and reliable 
     operation of cross-border pipelines.
       ``(3) Differences in international standards and 
     requirements.--Nothing in this section requires that a 
     standard or requirement prescribed by the Secretary under 
     this chapter be identical to a standard or requirement 
     adopted by an international authority.''.

     SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary of Transportation shall complete a review 
     of all exemptions for gas and hazardous liquid gathering 
     lines. Based on this review the Secretary shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and on Energy and Commerce 
     of the House of Representatives containing the Secretary's 
     recommendations with respect to the modification or 
     revocation of existing exemptions.

     SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.

       Section 60102, as amended by section 5, is further amended 
     by adding at the end the following:
       ``(o) Transportation-related Oil Flow Lines.--
       ``(1) Data collection.--The Secretary may collect 
     geospatial, technical, or other pipeline 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 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. 17. ALASKA PROJECT COORDINATION.

       (a) In General.--Chapter 601, as amended by section 8 of 
     this Act, is further amended by adding at the end the 
     following:

     ``Sec. 60139. Alaska project coordination

       ``The Secretary may provide technical assistance to the 
     State of Alaska for the purpose of achieving coordinated and 
     effective oversight of the construction, expansion, or 
     operation of pipeline systems in Alaska. The assistance may 
     include--
       ``(1) conducting coordinated inspections of pipeline 
     systems subject to the respective authorities of the 
     Department of Transportation and the State of Alaska;
       ``(2) consulting on the development and implementation of 
     programs designed to manage the integrity risks associated 
     with operating pipeline systems in the unique conditions of 
     Alaska;
       ``(3) training inspection and enforcement personnel and 
     consulting on the development and implementation of 
     inspection protocols and training programs; and
       ``(4) entering into cooperative agreements, grants, or 
     other transactions with the State of Alaska, the Joint 
     Pipeline Office, other Federal agencies, and other public and 
     private agencies to carry out the objectives of this 
     section.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     601, as amended by section 8 of this Act, is further amended 
     by inserting after the item relating to section 60138 the 
     following new item:

``60139. Alaska project coordination''.

     SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.

       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 new gas or hazardous liquid pipeline or 
     liquefied natural gas pipeline facility, including 
     construction inspections and oversight, the Secretary may 
     require the person or entity 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 section, 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 section. This authority 
     is in addition to the authority provided in section 60301 of 
     this title, but the Secretary may not collect fees under this 
     section 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 
     $3,400,000,000; or
       ``(ii) uses new or novel technologies or designs.
       ``(2) Notification.--For any new pipeline construction 
     project in which the Secretary will conduct design reviews, 
     the person or entity 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.
       ``(3) Deposit and use.--There is established a Pipeline 
     Safety Design Review Fund in the Treasury of the United 
     States. The Secretary shall deposit funds paid under this 
     subsection into the Fund. Funds deposited under this section 
     are authorized to be appropriated for the purposes set forth 
     in this chapter. Fees authorized under this section shall be 
     collected and

[[Page 15725]]

     available for obligation only to the extent and in the amount 
     provided in advance in appropriations Acts.
       ``(4) No additional permitting authority.--Nothing in this 
     subsection shall 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).''.

     SEC. 19. SPECIAL PERMITS.

       Section 60118(c)(1) is amended to read as follows:
       ``(1) Issuance of waivers.--
       ``(A) In general.--On application of an owner or operator 
     of a pipeline facility, the Secretary by order may waive 
     compliance with any part of an applicable standard prescribed 
     under this chapter with respect to the facility on terms the 
     Secretary considers appropriate, if the Secretary determines 
     that the waiver is not inconsistent with pipeline safety.
       ``(B) Considerations.--In determining whether to grant a 
     waiver, the Secretary shall consider--
       ``(i) the fitness of the applicant to conduct the activity 
     authorized by the waiver in a manner that is consistent with 
     pipeline safety;
       ``(ii) the applicant's compliance history;
       ``(iii) the applicant's accident history; and
       ``(iv) any other information or data the Secretary 
     considers relevant to making the determination.
       ``(C) Effective period.--A waiver of one or more pipeline 
     operating requirements shall be reviewed by the Secretary 5 
     years after its effective date. In reviewing a waiver, the 
     Secretary shall consider any change in ownership or control 
     of the pipeline, any change in the conditions around the 
     pipeline, and other factors as appropriate. The Secretary may 
     modify, suspend, or revoke a waiver after such review under 
     subparagraph (E).
       ``(D) Public notice and hearing.--The Secretary may act on 
     a waiver under this section only after public notice and an 
     opportunity for a hearing, which may consist of publication 
     of notice in the Federal Register that an application for a 
     waiver has been filed and providing the public with the 
     opportunity to review and comment on the application. If a 
     waiver is granted, the Secretary shall state in the order and 
     associated analysis the reasons for granting it.
       ``(E) Noncompliance and modification, suspension, or 
     revocation.--After notice to a holder of a waiver and 
     opportunity to show cause, the Secretary may modify, suspend, 
     or revoke a waiver issued under this section for failure to 
     comply with its terms or conditions, intervening changes in 
     Federal law, a material change in circumstances affecting 
     safety, including erroneous information in the application, 
     or any other reason. If necessary to avoid a significant risk 
     of harm to persons, property, or the environment, the 
     Secretary may waive the show cause procedure and make the 
     action immediately effective.''.

     SEC. 20. BIOFUEL PIPELINES.

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

     SEC. 21. CARBON DIOXIDE PIPELINES.

       Section 60102(i) is amended to read as follows:
       ``(i) Pipelines Transporting Carbon Dioxide.--The Secretary 
     shall prescribe minimum safety standards for the 
     transportation of carbon dioxide by pipeline in either a 
     liquid or gaseous state.''.

     SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL.

       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 regulations 
     to determine whether these regulations are sufficient to 
     regulate pipelines used for the transportation of tar sands 
     crude oil. In conducting this review, the Secretary shall 
     conduct an analysis of whether any increase in risk of 
     release exists for pipelines transporting tar sands crude 
     oil. The Secretary shall report the results of this review to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and on Energy and Commerce of the House of 
     Representatives.

     SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED 
                   BY PIPELINE.

       The Secretary of Transportation may conduct an analysis of 
     the transportation of non-petroleum hazardous liquids by 
     pipeline for the purpose of identifying the extent to which 
     pipelines are currently being used to transport non-petroleum 
     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 lines is unregulated by 
     the States and evaluate whether the transportation of such 
     chemicals by pipeline 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 
     Committees on Transportation and Infrastructure and on Energy 
     and Commerce of the House of Representatives.

     SEC. 24. CLARIFICATIONS.

       (a) Amendment of Procedures Clarification.--Section 
     60108(a)(1) is amended by striking ``an intrastate'' and 
     inserting ``a''.
       (b) Owner and Operator Clarification.--Section 
     60102(a)(2)(A) is amended by striking ``owners and 
     operators'' and inserting ``any or all of the owners or 
     operators''.
       (c) One-call Enforcement Clarification.--Section 60114(f) 
     is amended by adding at the end the following: ``This 
     subsection does not apply to proceedings against persons who 
     are pipeline operators.''.

     SEC. 25. ADDITIONAL RESOURCES.

       (a) In General.--To the extent funds are appropriated, the 
     Secretary of Transportation shall increase the personnel of 
     the Pipeline and Hazardous Materials Safety Administration by 
     a total of 39 full-time employees to carry out the pipeline 
     safety program and the administration of that program, of 
     which at least--
       (1) 9 employees shall be added in fiscal year 2011;
       (2) 10 employees shall be added in fiscal year 2012;
       (3) 10 employees shall be added in fiscal year 2013; and
       (4) 10 employees shall be added in fiscal year 2014.
       (b) Functions.--In increasing the number of employees under 
     subsection (a), the Secretary shall focus on hiring 
     employees--
       (1) to conduct data collection, analysis, and reporting;
       (2) to develop, implement, and update information 
     technology;
       (3) to conduct inspections of pipeline facilities to 
     determine compliance with applicable regulations and 
     standards;
       (4) to provide administrative, legal, and other support for 
     pipeline enforcement activities; and
       (5) to support the overall pipeline safety mission of the 
     Pipeline and Hazardous Materials Safety Administration, 
     including training of pipeline enforcement personnel.

     SEC. 26. MAINTENANCE OF EFFORT.

       Section 60107(b) is amended to read as follows:
       ``(b) Payments.--After notifying and consulting with a 
     State authority, the Secretary may withhold any part of a 
     payment when the Secretary decides that the authority is not 
     carrying out satisfactorily a safety program or not acting 
     satisfactorily as an agent. The Secretary may pay an 
     authority under this section only when the authority ensures 
     the Secretary that it will provide the remaining costs of a 
     safety program and that the total State amount spent for a 
     safety program (excluding grants of the United States 
     Government) will at least equal the average amount spent for 
     gas and hazardous liquid safety programs for fiscal years 
     2004 through 2006, except when the Secretary waives the 
     requirements of this subsection. The Secretary shall grant 
     such a waiver if a State can demonstrate an inability to 
     maintain or increase the required funding share of its 
     pipeline safety program at or above the level required by 
     this subsection due to economic hardship in that State.''.

     SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

       (a) Establishment of Records.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     require pipeline operators to conduct a verification of 
     records for all interstate and intrastate gas transmission 
     lines in class 3 and class 4 locations and class 1 and class 
     2 high consequence areas that accurately reflect the 
     pipeline's physical and operational characteristics and 
     confirm the established maximum allowable operating pressure 
     of those pipelines.
       (2) Elements.--Verification of each record under paragraph 
     (1) 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 Act, pipeline 
     operators shall submit to the Secretary documentation of all 
     interstate and intrastate gas transmission pipelines in class 
     3 and class 4 locations and class 1 and class 2 high 
     consequence areas where the records required under subsection 
     (a) are not sufficient to confirm the established maximum 
     allowable operating pressure of those pipeline segments.
       (2) Exceedances of maximum allowable operating pressure.--
     All pipeline operators shall report any exceedance of the 
     maximum allowable operating pressure for gas transmission 
     pipelines that exceed the build-up allowed for operation of 
     pressure-limiting or control devices to the Secretary not 
     later than 5 working days after the exceedance occurs. Notice 
     of exceedance by gas transmission pipelines shall be provided 
     concurrently to appropriate State authorities.
       (c) Determination of Maximum Allowable Operating 
     Pressure.--
       (1) In general.--For any transmission line reported in 
     subsection (b), the Secretary shall require the operator of 
     the transmission line to reconfirm a maximum allowable 
     operational pressure as expeditiously as economically 
     feasible.
       (2) Interim actions.--For cases described in paragraph (1), 
     the Secretary will determine what actions are appropriate for 
     a pipeline operator to take to maintain safety until a 
     maximum allowable operating pressure is confirmed. In 
     determining what actions an operator should take, the 
     Secretary shall take into account consequences to public 
     safety and the environment, impacts on pipeline system 
     reliability and deliverability, and other factors, as 
     appropriate.

[[Page 15726]]



     SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.

       (a) Issuance of Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall prescribe 
     regulations--
       (A) requiring hearings under sections 60112, 60117, 60118, 
     and 60122 to be convened before a presiding official;
       (B) providing the opportunity for any person requesting a 
     hearing under sections 60112, 60117, 60118, and 60122 to 
     arrange for a transcript of that hearing, at the expense of 
     the requesting person; and
       (C) ensuring expedited review of any order issued pursuant 
     to section 60112(e).
       (2) Presiding official.--The regulations prescribed 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 must be an attorney 
     on the staff of the Deputy Chief Counsel that is not engaged 
     in investigative or prosecutorial functions, including the 
     preparation of notices of probable violations, orders 
     relating to civil penalty assessments, compliance orders, or 
     corrective action orders.
       (b) Standards of Judicial Review.--Section 60119(a) is 
     amended by adding at the end the following new paragraph:
       ``(3) All judicial review of agency action under this 
     section shall apply the standards of review established in 
     section 706 of title 5.''.

     SEC. 29. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--
       (1) Section 60125(a)(1) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2011, $92,206,000, of which 
     $9,200,000 is for carrying out such section 12 and 
     $36,958,000 is for making grants;
       ``(B) for fiscal year 2012, $96,144,000, of which 
     $9,600,000 for carrying out such section 12 and $39,611,000 
     is for making grants;
       ``(C) for fiscal year 2013, $99,876,000, of which 
     $9,900,000 is for carrying out such section 12 and 
     $41,148,000 is for making grants; and
       ``(D) for fiscal year 2014, $102,807,000, of which 
     $10,200,000 is for carrying out such section 12 and 
     $42,356,000 is for making grants.''.
       (2) Section 60125(a)(2) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2011, $18,905,000, of which 
     $7,562,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(B) for fiscal year 2012, $19,661,000, of which 
     $7,864,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(C) for fiscal year 2013, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     is for making grants; and
       ``(D) for fiscal year 2014, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     is for making grants.''.
       (b) Emergency Response Grants.--Section 60125(b)(2) is 
     amended by striking ``2007 through 2010'' and inserting 
     ``2011 through 2014''.
       (c) One-call Notification Programs.--Section 6107 is 
     amended--
       (1) by striking ``2007 through 2010.'' in subsection (a) 
     and inserting ``2011 through 2014.'';
       (2) by striking ``2007 through 2010.'' in subsection (b) 
     and inserting ``2011 through 2014.''; 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 are 
     authorized to be appropriated to the Secretary to provide 
     grants under this section $2,000,000 for each of fiscal years 
     2011 through 2014. The funds shall remain available until 
     expended.''.
       (e) Community Pipeline Safety Information Grants.--Section 
     60130 is amended--
       (1) by striking ``$50,000'' in subsection (a)(1) and 
     inserting ``$100,000''; and
       (2) by striking ``2003 through 2010.'' in subsection (d) 
     and inserting ``2011 through 2014.''.
       (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) by adding at the end of subsection (d) the following:
       ``(3) Ongoing pipeline transportation research and 
     development.--After the initial 5-year program plan has been 
     carried out by the participating agencies, the Secretary of 
     Transportation 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 each year that funds are 
     appropriated for carrying out the plan.''; and
       (2) by striking ``2003 through 2006.'' in subsection (f) 
     and inserting ``2011 through 2014.''.

  Mr. REID. Mr. President, I ask unanimous consent the committee-
reported substitute be considered, the Rockefeller and Paul amendments 
at the desk be agreed to, the substitute amendment be agreed to, and 
the bill as amended be read a third time and passed, the motion to 
reconsider be considered made and laid upon the table, with no 
intervening action or debate, and any statements relating to this 
matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 783) was agreed to, as follows:

     (Purpose: To include the statutorily required PAYGO language)

       On page 64, after line 18, add the following:

     SEC. 30. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The amendment (No. 784) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 275), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                 S. 275

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

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

       (a) Short Title.--This Act may be cited as the ``Pipeline 
     Transportation Safety Improvement 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) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; amendment of title 49, United States Code; table 
              of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Offshore gathering pipelines.
Sec. 5. Automatic and remote-controlled shut-off valves.
Sec. 6. Excess flow valves.
Sec. 7. Integrity management.
Sec. 8. Public education and awareness.
Sec. 9. Cast iron gas pipelines.
Sec. 10. Leak detection.
Sec. 11. Incident notification.
Sec. 12. Transportation-related onshore facility response plan 
              compliance.
Sec. 13. Pipeline infrastructure data collection.
Sec. 14. International cooperation and consultation.
Sec. 15. Gas and hazardous liquid gathering lines.
Sec. 16. Transportation-related oil flow lines.
Sec. 17. Alaska project coordination.
Sec. 18. Cost recovery for design reviews.
Sec. 19. Special permits.
Sec. 20. Biofuel pipelines.
Sec. 21. Carbon dioxide pipelines.
Sec. 22. Study of the transportation of tar sands crude oil.
Sec. 23. Study of non-petroleum hazardous liquids transported by 
              pipeline.
Sec. 24. Clarifications.
Sec. 25. Additional resources.
Sec. 26. Maintenance of effort.
Sec. 27. Maximum allowable operating pressure.
Sec. 28. Administrative enforcement process.
Sec. 29. Authorization of appropriations.
Sec. 30. PAYGO compliance.

     SEC. 2. CIVIL PENALTIES.

       (a) Penalty Considerations; Major Consequence Violations.--
     Section 60122 is amended--
       (1) by striking ``the ability to pay,'' in subsection 
     (b)(1)(B);
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Penalties for Major Consequence Violations.--
       ``(1) In general.--A person that the Secretary of 
     Transportation decides, after written notice and an 
     opportunity for a hearing, has committed a major consequence 
     violation of section 60114(b), 60114(d), or 60118(a) of this 
     title or a regulation prescribed or order issued under this 
     chapter is liable to the United States Government for a civil 
     penalty of not more than $250,000 for each violation. A 
     separate violation occurs for each day the violation 
     continues. The maximum civil penalty under this paragraph for 
     a related series of major consequence violations is 
     $2,500,000.
       ``(2) Penalty considerations.--In determining the amount of 
     a civil penalty for a major consequence violation under this 
     subsection, the Secretary shall consider the factors 
     prescribed in subsection (b).

[[Page 15727]]

       ``(3) Major consequence violation defined.--In this 
     subsection, the term `major consequence violation' means a 
     violation that contributed to an incident resulting in--
       ``(A) 1 or more deaths;
       ``(B) 1 or more injuries or illnesses requiring in-patient 
     hospitalization; or
       ``(C) environmental harm exceeding $250,000 in estimated 
     damage to the environment including property loss other than 
     the value of natural gas or hazardous liquid lost, or damage 
     to pipeline equipment.''.
       (b) Penalty for Obstruction of Inspections and 
     Investigations.--Section 60118(e) is amended by adding at the 
     end the following: ``The Secretary may impose a civil penalty 
     under section 60122 of this title on a person who obstructs 
     or prevents the Secretary from carrying out inspections or 
     investigations under this chapter.''.
       (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 of this title shall 
     not apply to enforcement actions under this section.''.
       (d) Judicial Review of Administrative Enforcement Orders.--
     Section 60119(a) is amended--
       (1) by striking the subsection caption and inserting ``(a) 
     Review of Regulations, Orders, and Other Final Agency 
     Actions.--''; and
       (2) by striking ``about an application for a waiver under 
     section 60118(c) or (d) of'' and inserting ``under''.

     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 shall, at 
     a minimum, 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.--A State one-call notification 
     program may not exempt municipalities, State agencies, or 
     their contractors from its one-call notification system 
     requirements.''.
       (b) State Damage Prevention Programs.--Section 60134(a) is 
     amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (1);
       (2) by striking ``(b).'' in paragraph (2) 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 its one-call 
     notification system requirements.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of enactment of this 
     Act.

     SEC. 4. OFFSHORE GATHERING PIPELINES.

       Section 60102(k)(1) is amended by striking the last 
     sentence and inserting ``Not later than 1 year after the date 
     of enactment of the Pipeline Transportation Safety 
     Improvement Act of 2011, the Secretary shall issue 
     regulations, after notice and an opportunity for a hearing, 
     subjecting offshore hazardous liquid gathering pipelines and 
     hazardous liquid gathering pipelines located within the 
     inlets of the Gulf of Mexico to the same standards and 
     regulations as other hazardous liquid gathering pipelines. 
     The regulations issued under this paragraph shall not apply 
     to low-stress distribution pipelines.''.

     SEC. 5. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

       Section 60102 is amended by adding at the end the 
     following:
       ``(n) Automatic and Remote-controlled Shut-off Valves.--Not 
     later than 2 years after the date of enactment of the 
     Pipeline Transportation Safety Improvement Act of 2011, the 
     Secretary shall by regulation, after notice and an 
     opportunity for a hearing, require the use of automatic or 
     remote-controlled shut-off valves, or equivalent technology, 
     where economically, technically, and operationally feasible 
     on transmission pipelines constructed or entirely replaced 
     after the date on which the Secretary issues a final rule.''.

     SEC. 6. 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, multi-family 
     facilities, and small commercial facilities.--Not later than 
     2 years after the date of enactment of the Pipeline 
     Transportation Safety Improvement Act of 2011, the Secretary 
     shall prescribe regulations, after notice and an opportunity 
     for hearing, to require the use of excess flow valves, where 
     economically and technically feasible, on new or entirely 
     replaced distribution branch services, multi-family 
     facilities, and small commercial facilities.''.

     SEC. 7. INTEGRITY MANAGEMENT.

       (a) Evaluation.--Within 1 year 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 (as defined under section 60109(a) of title 49, United 
     States Code);
       (2) with respect to gas pipeline facilities, whether 
     applying the integrity management program requirements to 
     additional areas would mitigate the need for class location 
     requirements, with an emphasis on class 3 and 4 facilities; 
     and
       (3) whether data collected outside high consequence areas 
     as part of gas transmission pipeline integrity management 
     programs should be included as part of the records required 
     to be maintained by operators.
       (b) Standards.--Not later than 1 year after completion of 
     the evaluation, the Secretary shall prescribe such 
     regulations, as appropriate, after notice and an opportunity 
     for a hearing.
       (c) Data Reporting.--The Secretary shall collect any 
     relevant data necessary to complete the evaluation required 
     by subsection (a) and may collect such additional data 
     pursuant to regulations promulgated under subsection (b) as 
     may be necessary.
       (d) Seismicity.--In identifying high consequence areas 
     under section 60109, the Secretary shall consider the 
     seismicity of the area.

     SEC. 8. PUBLIC EDUCATION AND AWARENESS.

       (a) In General.--Chapter 601 is amended by adding at the 
     end the following:

     ``Sec. 60138. Public education and awareness

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Pipeline Transportation Safety Improvement 
     Act of 2011, the Secretary shall--
       ``(1) maintain a monthly updated summary of all completed 
     and final natural gas and hazardous liquid pipeline 
     inspections conducted by or reported to the Pipeline and 
     Hazardous Materials Safety Administration that includes--
       ``(A) identification of the operator inspected;
       ``(B) the type of inspection;
       ``(C) the results of the inspection, including any 
     deficiencies identified; and
       ``(D) any corrective actions required to be taken by the 
     operator to remediate such deficiencies;
       ``(2) maintain--
       ``(A) a status indication of the review and approval of 
     each gas emergency response plan pursuant to section 
     60102(d)(5) of this title and of each hazardous liquid 
     pipeline operator's response plan pursuant to part 194 of 
     title 49, Code of Federal Regulations;
       ``(B) a comprehensive description of the requirements for 
     such plans; and
       ``(C) a detailed summary of each approved plan written by 
     the operator that includes the key elements of the plan, but 
     which may exclude--
       ``(i) proprietary information;
       ``(ii) security-sensitive information, including as 
     referenced in section 1520.5(a) of title 49, code of Federal 
     Regulations;
       ``(iii) specific response resources and tactical resource 
     deployment plans; and
       ``(iv) the specific amount and location of worst-case 
     discharges, including the process by which an operator 
     determines the worst discharge.
       ``(3) excluding any proprietary or security-sensitive 
     information, as part of the National Pipeline Mapping System 
     maintain a map of all currently designated high consequence 
     areas in which pipelines are required to meet integrity 
     management safety regulations and update the map annually; 
     and
       ``(4) maintain a copy or, at a minimum, a detailed summary 
     of any industry-developed or professional organization 
     pipeline safety standards that have been incorporated by 
     reference into regulations, to the extent consistent with 
     fair use.
       ``(b) Public Availability.--The requirements of subsection 
     (a) shall be considered to have been met if the information 
     required to be made public is made available on the Pipeline 
     and Hazardous Materials Safety Administration's public Web 
     site.
       ``(c) Relationship to FOIA.--Nothing in this section shall 
     be construed to require disclosure of information or records 
     that are exempt from disclosure under section 552 of title 
     5.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     601 is amended by inserting after the item relating to 
     section 60137 the following new item:

``60138. Public education and awareness''.

     SEC. 9. CAST IRON GAS PIPELINES.

       (a) Survey Update.--Not later than one year after the 
     enactment of this Act, the Secretary of Transportation shall 
     conduct a follow-on survey to the survey conducted under 
     section 60108(d) to determine--
       (1) the extent to which each operator has adopted a plan 
     for the safe management and replacement of cast iron 
     pipelines;
       (2) the elements of the plan, including the anticipated 
     rate of replacement; and
       (3) the progress that has been made.
       (b) Survey Frequency.--Section 60108(d) is amended by 
     adding at the end the following new paragraph:

[[Page 15728]]

       ``(4) The secretary shall conduct a follow-up survey to 
     measure progress of plan implementation biannually.''.

     SEC. 10. LEAK DETECTION.

       (a) Leak Detection Study Update.--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 Committees 
     on Transportation and Infrastructure and on Energy and 
     Commerce of the House of Representatives an updated report on 
     leak detection systems utilized by operators of hazardous 
     liquid pipelines and transportation-related flow lines. The 
     report shall include an analysis of the technical limitations 
     of current leak detection systems, including the systems' 
     ability to detect ruptures and small leaks that are ongoing 
     or intermittent, and what can be done to foster development 
     of better technologies.
       (b) Leak Detection Standards.--Not later than 1 year after 
     completion of the report, the Secretary shall, as 
     appropriate, based on the study in subsection (a), prescribe 
     regulations, after notice and an opportunity for a hearing, 
     requiring an operator of a hazardous liquid pipeline to use 
     leak detection technologies, particularly in high consequence 
     areas.

     SEC. 11. INCIDENT NOTIFICATION.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary of Transportation shall--
       (1) prescribe regulations, after notice and an opportunity 
     for a hearing, that establish time limits for accident and 
     incident telephonic or electronic notification by pipeline 
     operators to State and local government officials and 
     emergency responders when a spill or rupture occurs; and
       (2) review procedures for pipeline operators and the 
     National Response Center to provide thorough and coordinated 
     notification to all relevant emergency response officials and 
     revise such procedures as appropriate.

     SEC. 12. 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. 13. PIPELINE INFRASTRUCTURE DATA COLLECTION.

       (a) In General.--Section 60132(a) is amended--
       (1) by striking ``and gathering lines''; and
       (2) by adding at the end the following:
       ``(4) Any other geospatial, technical, or other related 
     pipeline data, including design and material specifications, 
     that the Secretary determines is 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 
     is amended by adding at the end the following:
       ``(d) 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. 14. INTERNATIONAL COOPERATION AND CONSULTATION.

       Section 60117 is amended by adding at the end the 
     following:
       ``(o) International Cooperation and Consultation.--
       ``(1) Information exchange and technical assistance.--If 
     the Secretary determines that it would benefit the United 
     States, subject to guidance from the Secretary of State, the 
     Secretary may engage in activities supporting cooperative 
     international efforts to share information about the risks to 
     the public and the environment from pipelines and means of 
     protecting against those risks. Such cooperation may include 
     the exchange of information with domestic and appropriate 
     international organizations to facilitate efforts to develop 
     and improve safety standards and requirements for pipeline 
     transportation in or affecting interstate or foreign 
     commerce.
       ``(2) Consultation.--To the extent practicable, subject to 
     guidance from the Secretary of State, the Secretary may 
     consult with interested authorities in Canada, Mexico, and 
     other interested authorities, as needed, to ensure that the 
     respective pipeline safety standards and requirements 
     prescribed by the Secretary and those prescribed by such 
     authorities are consistent with the safe and reliable 
     operation of cross-border pipelines.
       ``(3) Differences in international standards and 
     requirements.--Nothing in this section requires that a 
     standard or requirement prescribed by the Secretary under 
     this chapter be identical to a standard or requirement 
     adopted by an international authority.''.

     SEC. 15. GAS AND HAZARDOUS LIQUID GATHERING LINES.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary of Transportation shall complete a review 
     of all exemptions for gas and hazardous liquid gathering 
     lines. Based on this review the Secretary shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and on Energy and Commerce 
     of the House of Representatives containing the Secretary's 
     recommendations with respect to the modification or 
     revocation of existing exemptions.

     SEC. 16. TRANSPORTATION-RELATED OIL FLOW LINES.

       Section 60102, as amended by section 5, is further amended 
     by adding at the end the following:
       ``(o) Transportation-related Oil Flow Lines.--
       ``(1) Data collection.--The Secretary may collect 
     geospatial, technical, or other pipeline 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 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. 17. ALASKA PROJECT COORDINATION.

       (a) In General.--Chapter 601, as amended by section 8 of 
     this Act, is further amended by adding at the end the 
     following:

     ``Sec. 60139. Alaska project coordination

       ``The Secretary may provide technical assistance to the 
     State of Alaska for the purpose of achieving coordinated and 
     effective oversight of the construction, expansion, or 
     operation of pipeline systems in Alaska. The assistance may 
     include--
       ``(1) conducting coordinated inspections of pipeline 
     systems subject to the respective authorities of the 
     Department of Transportation and the State of Alaska;
       ``(2) consulting on the development and implementation of 
     programs designed to manage the integrity risks associated 
     with operating pipeline systems in the unique conditions of 
     Alaska;
       ``(3) training inspection and enforcement personnel and 
     consulting on the development and implementation of 
     inspection protocols and training programs; and
       ``(4) entering into cooperative agreements, grants, or 
     other transactions with the State of Alaska, the Joint 
     Pipeline Office, other Federal agencies, and other public and 
     private agencies to carry out the objectives of this 
     section.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     601, as amended by section 8 of this Act, is further amended 
     by inserting after the item relating to section 60138 the 
     following new item:

``60139. Alaska project coordination''.

     SEC. 18. COST RECOVERY FOR DESIGN REVIEWS.

       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 new gas or hazardous liquid pipeline or 
     liquefied natural gas pipeline facility, including 
     construction inspections and oversight, the Secretary may 
     require the person or entity 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 section, 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 section. This authority 
     is in addition to the authority provided in section 60301 of 
     this title, but the Secretary may not collect fees under this 
     section 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 
     $3,400,000,000; or
       ``(ii) uses new or novel technologies or designs.
       ``(2) Notification.--For any new pipeline construction 
     project in which the Secretary will conduct design reviews, 
     the person or entity 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.
       ``(3) Deposit and use.--There is established a Pipeline 
     Safety Design Review Fund in the Treasury of the United 
     States. The Secretary shall deposit funds paid under this 
     subsection into the Fund. Funds deposited under this section 
     are authorized to be appropriated for the purposes set forth 
     in this chapter. Fees authorized under this section

[[Page 15729]]

     shall be collected and available for obligation only to the 
     extent and in the amount provided in advance in 
     appropriations Acts.
       ``(4) No additional permitting authority.--Nothing in this 
     subsection shall 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).''.

     SEC. 19. SPECIAL PERMITS.

       Section 60118(c)(1) is amended to read as follows:
       ``(1) Issuance of waivers.--
       ``(A) In general.--On application of an owner or operator 
     of a pipeline facility, the Secretary by order may waive 
     compliance with any part of an applicable standard prescribed 
     under this chapter with respect to the facility on terms the 
     Secretary considers appropriate, if the Secretary determines 
     that the waiver is not inconsistent with pipeline safety.
       ``(B) Considerations.--In determining whether to grant a 
     waiver, the Secretary shall consider--
       ``(i) the fitness of the applicant to conduct the activity 
     authorized by the waiver in a manner that is consistent with 
     pipeline safety;
       ``(ii) the applicant's compliance history;
       ``(iii) the applicant's accident history; and
       ``(iv) any other information or data the Secretary 
     considers relevant to making the determination.
       ``(C) Effective period.--A waiver of one or more pipeline 
     operating requirements shall be reviewed by the Secretary 5 
     years after its effective date. In reviewing a waiver, the 
     Secretary shall consider any change in ownership or control 
     of the pipeline, any change in the conditions around the 
     pipeline, and other factors as appropriate. The Secretary may 
     modify, suspend, or revoke a waiver after such review under 
     subparagraph (E).
       ``(D) Public notice and hearing.--The Secretary may act on 
     a waiver under this section only after public notice and an 
     opportunity for a hearing, which may consist of publication 
     of notice in the Federal Register that an application for a 
     waiver has been filed and providing the public with the 
     opportunity to review and comment on the application. If a 
     waiver is granted, the Secretary shall state in the order and 
     associated analysis the reasons for granting it.
       ``(E) Noncompliance and modification, suspension, or 
     revocation.--After notice to a holder of a waiver and 
     opportunity to show cause, the Secretary may modify, suspend, 
     or revoke a waiver issued under this section for failure to 
     comply with its terms or conditions, intervening changes in 
     Federal law, a material change in circumstances affecting 
     safety, including erroneous information in the application, 
     or any other reason. If necessary to avoid a significant risk 
     of harm to persons, property, or the environment, the 
     Secretary may waive the show cause procedure and make the 
     action immediately effective.''.

     SEC. 20. BIOFUEL PIPELINES.

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

     SEC. 21. CARBON DIOXIDE PIPELINES.

       Section 60102(i) is amended to read as follows:
       ``(i) Pipelines Transporting Carbon Dioxide.--The Secretary 
     shall prescribe minimum safety standards for the 
     transportation of carbon dioxide by pipeline in either a 
     liquid or gaseous state.''.

     SEC. 22. STUDY OF THE TRANSPORTATION OF TAR SANDS CRUDE OIL.

       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 regulations 
     to determine whether these regulations are sufficient to 
     regulate pipelines used for the transportation of tar sands 
     crude oil. In conducting this review, the Secretary shall 
     conduct an analysis of whether any increase in risk of 
     release exists for pipelines transporting tar sands crude 
     oil. The Secretary shall report the results of this review to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and on Energy and Commerce of the House of 
     Representatives.

     SEC. 23. STUDY OF NON-PETROLEUM HAZARDOUS LIQUIDS TRANSPORTED 
                   BY PIPELINE.

       The Secretary of Transportation may conduct an analysis of 
     the transportation of non-petroleum hazardous liquids by 
     pipeline for the purpose of identifying the extent to which 
     pipelines are currently being used to transport non-petroleum 
     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 lines is unregulated by 
     the States and evaluate whether the transportation of such 
     chemicals by pipeline 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 
     Committees on Transportation and Infrastructure and on Energy 
     and Commerce of the House of Representatives.

     SEC. 24. CLARIFICATIONS.

       (a) Amendment of Procedures Clarification.--Section 
     60108(a)(1) is amended by striking ``an intrastate'' and 
     inserting ``a''.
       (b) Owner and Operator Clarification.--Section 
     60102(a)(2)(A) is amended by striking ``owners and 
     operators'' and inserting ``any or all of the owners or 
     operators''.
       (c) One-call Enforcement Clarification.--Section 60114(f) 
     is amended by adding at the end the following: ``This 
     subsection does not apply to proceedings against persons who 
     are pipeline operators.''.

     SEC. 25. ADDITIONAL RESOURCES.

       (a) In General.--To the extent funds are appropriated, the 
     Secretary of Transportation shall increase the personnel of 
     the Pipeline and Hazardous Materials Safety Administration by 
     a total of 39 full-time employees to carry out the pipeline 
     safety program and the administration of that program, of 
     which at least--
       (1) 9 employees shall be added in fiscal year 2012;
       (2) 10 employees shall be added in fiscal year 2013;
       (3) 10 employees shall be added in fiscal year 2014; and
       (4) 10 employees shall be added in fiscal year 2015.
       (b) Functions.--In increasing the number of employees under 
     subsection (a), the Secretary shall focus on hiring 
     employees--
       (1) to conduct data collection, analysis, and reporting;
       (2) to develop, implement, and update information 
     technology;
       (3) to conduct inspections of pipeline facilities to 
     determine compliance with applicable regulations and 
     standards;
       (4) to provide administrative, legal, and other support for 
     pipeline enforcement activities; and
       (5) to support the overall pipeline safety mission of the 
     Pipeline and Hazardous Materials Safety Administration, 
     including training of pipeline enforcement personnel.

     SEC. 26. MAINTENANCE OF EFFORT.

       Section 60107(b) is amended to read as follows:
       ``(b) Payments.--After notifying and consulting with a 
     State authority, the Secretary may withhold any part of a 
     payment when the Secretary decides that the authority is not 
     carrying out satisfactorily a safety program or not acting 
     satisfactorily as an agent. The Secretary may pay an 
     authority under this section only when the authority ensures 
     the Secretary that it will provide the remaining costs of a 
     safety program and that the total State amount spent for a 
     safety program (excluding grants of the United States 
     Government) will at least equal the average amount spent for 
     gas and hazardous liquid safety programs for fiscal years 
     2004 through 2006, except when the Secretary waives the 
     requirements of this subsection. The Secretary shall grant 
     such a waiver if a State can demonstrate an inability to 
     maintain or increase the required funding share of its 
     pipeline safety program at or above the level required by 
     this subsection due to economic hardship in that State.''.

     SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

       (a) Establishment of Records.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     require pipeline operators to conduct a verification of 
     records for all interstate and intrastate gas transmission 
     lines in class 3 and class 4 locations and class 1 and class 
     2 high consequence areas that accurately reflect the 
     pipeline's physical and operational characteristics and 
     confirm the established maximum allowable operating pressure 
     of those pipelines.
       (2) Elements.--Verification of each record under paragraph 
     (1) 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 Act, pipeline 
     operators shall submit to the Secretary documentation of all 
     interstate and intrastate gas transmission pipelines in class 
     3 and class 4 locations and class 1 and class 2 high 
     consequence areas where the records required under subsection 
     (a) are not sufficient to confirm the established maximum 
     allowable operating pressure of those pipeline segments.
       (2) Exceedances of maximum allowable operating pressure.--
     All pipeline operators shall report any exceedance of the 
     maximum allowable operating pressure for gas transmission 
     pipelines that exceed the build-up allowed for operation of 
     pressure-limiting or control devices to the Secretary not 
     later than 5 working days after the exceedance occurs. Notice 
     of exceedance by gas transmission pipelines shall be provided 
     concurrently to appropriate State authorities.
       (c) Determination of Maximum Allowable Operating 
     Pressure.--

[[Page 15730]]

       (1) In general.--For any transmission line reported in 
     subsection (b), the Secretary shall require the operator of 
     the transmission line to reconfirm a maximum allowable 
     operational pressure as expeditiously as economically 
     feasible.
       (2) Interim actions.--For cases described in paragraph (1), 
     the Secretary will determine what actions are appropriate for 
     a pipeline operator to take to maintain safety until a 
     maximum allowable operating pressure is confirmed. In 
     determining what actions an operator should take, the 
     Secretary shall take into account consequences to public 
     safety and the environment, impacts on pipeline system 
     reliability and deliverability, and other factors, as 
     appropriate.
       (d) Testing Regulations.--The Secretary shall, not later 
     than 18 months after the date of the enactment of this Act, 
     prescribe regulations for conducting tests to confirm the 
     material strength of previously untested natural gas 
     transmission pipelines located in areas identified pursuant 
     to section 60109(a) of title 49, United States Code, and 
     operating at a pressure greater than 30 percent of specified 
     minimum yield strength. The Secretary shall consider safety 
     testing methodologies including, at a minimum, pressure 
     testing or other alternative methods, including in-line 
     inspections, determined by the Secretary to be of equal or 
     greater effectiveness. 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 
     consequences to public safety and the environment and that 
     minimize costs and service disruptions.

     SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.

       (a) Issuance of Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall prescribe 
     regulations--
       (A) requiring hearings under sections 60112, 60117, 60118, 
     and 60122 to be convened before a presiding official;
       (B) providing the opportunity for any person requesting a 
     hearing under sections 60112, 60117, 60118, and 60122 to 
     arrange for a transcript of that hearing, at the expense of 
     the requesting person; and
       (C) ensuring expedited review of any order issued pursuant 
     to section 60112(e).
       (2) Presiding official.--The regulations prescribed 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 must be an attorney 
     on the staff of the Deputy Chief Counsel that is not engaged 
     in investigative or prosecutorial functions, including the 
     preparation of notices of probable violations, orders 
     relating to civil penalty assessments, compliance orders, or 
     corrective action orders.
       (b) Standards of Judicial Review.--Section 60119(a) is 
     amended by adding at the end the following new paragraph:
       ``(3) All judicial review of agency action under this 
     section shall apply the standards of review established in 
     section 706 of title 5.''.

     SEC. 29. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--
       (1) Section 60125(a)(1) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2012, $92,206,000, of which 
     $9,200,000 is for carrying out such section 12 and 
     $36,958,000 is for making grants;
       ``(B) for fiscal year 2013, $96,144,000, of which 
     $9,600,000 for carrying out such section 12 and $39,611,000 
     is for making grants;
       ``(C) for fiscal year 2014, $99,876,000, of which 
     $9,900,000 is for carrying out such section 12 and 
     $41,148,000 is for making grants; and
       ``(D) for fiscal year 2015, $102,807,000, of which 
     $10,200,000 is for carrying out such section 12 and 
     $42,356,000 is for making grants.''.
       (2) Section 60125(a)(2) is amended by striking 
     subparagraphs (A) through (D) and inserting the following:
       ``(A) for fiscal year 2012, $18,905,000, of which 
     $7,562,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(B) for fiscal year 2013, $19,661,000, of which 
     $7,864,000 is for carrying out such section 12 and $7,864,000 
     is for making grants;
       ``(C) for fiscal year 2014, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     is for making grants; and
       ``(D) for fiscal year 2015, $20,000,000, of which 
     $8,000,000 is for carrying out such section 12 and $8,000,000 
     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) by striking ``2007 through 2010.'' in subsection (a) 
     and inserting ``2012 through 2015.'';
       (2) by striking ``2007 through 2010.'' in subsection (b) 
     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 are 
     authorized to be appropriated to the Secretary to provide 
     grants under this section $2,000,000 for each of fiscal years 
     2012 through 2015. The funds shall remain available until 
     expended.''.
       (e) Community Pipeline Safety Information Grants.--Section 
     60130 is amended--
       (1) by striking ``$50,000'' in subsection (a)(1) and 
     inserting ``$100,000''; and
       (2) by striking ``2003 through 2010.'' in subsection (d) 
     and inserting ``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) by adding at the end of subsection (d) the following:
       ``(3) Ongoing pipeline transportation research and 
     development.--After the initial 5-year program plan has been 
     carried out by the participating agencies, the Secretary of 
     Transportation 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 each year that funds are 
     appropriated for carrying out the plan.''; and
       (2) by striking ``2003 through 2006.'' in subsection (f) 
     and inserting ``2012 through 2015.''.

     SEC. 30. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                          ____________________