[Congressional Record (Bound Edition), Volume 157 (2011), Part 14]
[House]
[Pages 20070-20076]
[From the U.S. Government Publishing Office, www.gpo.gov]




   PROVIDING FOR A CORRECTION TO THE ENROLLMENT OF THE BILL H.R. 2845

  Mr. SHUSTER. Madam Speaker, I send to the desk a concurrent 
resolution and ask unanimous consent for its immediate consideration in 
the House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 93

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

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

       (a) Short Title.--This Act may be cited as the ``Pipeline 
     Safety, Regulatory Certainty, and Job Creation Act of 2011''.
       (b) Amendment of Title 49, United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 49, United States Code.
       (c) Definitions.--
       (1) Applicability of chapter 601 definitions.--In this Act, 
     any term defined in chapter 601 of title 49, United States 
     Code,

[[Page 20071]]

     has the meaning given that term in that chapter.
       (2) High-consequence area.--In this Act, the term ``high-
     consequence area'' means an area described in section 
     60109(a) of title 49, United States Code.
       (d) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     SEC. 2. CIVIL PENALTIES.

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

     SEC. 3. PIPELINE DAMAGE PREVENTION.

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

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

       Section 60102 is amended--
       (1) by striking subsection (j)(3); and
       (2) by adding at the end the following:
       ``(n) Automatic and Remote-Controlled Shut-off Valves for 
     New Transmission Pipelines.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this subsection, and after considering the 
     factors specified in subsection (b)(2), the Secretary, if 
     appropriate, shall require by regulation the use of automatic 
     or remote-controlled shut-off valves, or equivalent 
     technology, where economically, technically, and 
     operationally feasible on transmission pipeline facilities 
     constructed or entirely replaced after the date on which the 
     Secretary issues the final rule containing such requirement.
       ``(2) High-consequence area study.--
       ``(A) Study.--The Comptroller General of the United States 
     shall conduct a study on the ability of transmission pipeline 
     facility operators to respond to a hazardous liquid or gas 
     release from a pipeline segment located in a high-consequence 
     area.
       ``(B) Considerations.--In conducting the study, the 
     Comptroller General shall consider the swiftness of leak 
     detection and pipeline shutdown capabilities, the location of 
     the nearest response personnel, and the costs, risks, and 
     benefits of installing automatic and remote-controlled shut-
     off valves.
       ``(C) Report.--Not later than 1 year after the date of 
     enactment of this subsection, the Comptroller General shall 
     submit to the Committee on Transportation and Infrastructure 
     and the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     study.''.

     SEC. 5. INTEGRITY MANAGEMENT.

       (a) Evaluation.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     evaluate--
       (1) whether integrity management system requirements, or 
     elements thereof, should be expanded beyond high-consequence 
     areas; and
       (2) with respect to gas transmission pipeline facilities, 
     whether applying integrity management program requirements, 
     or elements thereof, to additional areas would mitigate the 
     need for class location requirements.
       (b) Factors.--In conducting the evaluation under subsection 
     (a), the Secretary shall consider, at a minimum, the 
     following:
       (1) The continuing priority to enhance protections for 
     public safety.
       (2) The continuing importance of reducing risk in high-
     consequence areas.

[[Page 20072]]

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

     SEC. 6. PUBLIC EDUCATION AND AWARENESS.

       (a) National Pipeline Mapping System.--Section 60132 is 
     amended by adding at the end the following:
       ``(d) Map of High-consequence Areas.--The Secretary shall--
       ``(1) maintain, as part of the National Pipeline Mapping 
     System, a map of designated high-consequence areas (as 
     described in section 60109(a)) in which pipelines are 
     required to meet integrity management program regulations, 
     excluding any proprietary or sensitive security information; 
     and
       ``(2) update the map biennially.
       ``(e) Program To Promote Awareness of National Pipeline 
     Mapping System.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall develop and 
     implement a program promoting greater awareness of the 
     existence of the National Pipeline Mapping System to State 
     and local emergency responders and other interested parties. 
     The program shall include guidance on how to use the National 
     Pipeline Mapping System to locate pipelines in communities 
     and local jurisdictions.''.
       (b) Information to Emergency Response Agencies.--
       (1) Guidance.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall issue guidance to 
     owners and operators of pipeline facilities on the importance 
     of providing system-specific information about their pipeline 
     facilities to emergency response agencies of the communities 
     and jurisdictions in which those facilities are located.
       (2) Consultation.--Before issuing guidance under paragraph 
     (1), the Secretary shall consult with owners and operators of 
     pipeline facilities to determine the extent to which the 
     owners and operators are already providing system-specific 
     information about their pipeline facilities to emergency 
     response agencies.
       (c) Response Plans.--
       (1) In general.--Chapter 601 is amended by adding at the 
     end the following:

     ``Sec. 60138. Response plans

       ``(a) In General.--The Secretary of Transportation shall--
       ``(1) maintain on file a copy of the most recent response 
     plan (as defined in part 194 of title 49, Code of Federal 
     Regulations) prepared by an owner or operator of a pipeline 
     facility; and
       ``(2) provide upon written request to a person a copy of 
     the plan, which may exclude, as the Secretary determines 
     appropriate--
       ``(A) proprietary information;
       ``(B) security-sensitive information, including information 
     described in section 1520.5(a) of title 49, Code of Federal 
     Regulations;
       ``(C) specific response resources and tactical resource 
     deployment plans; and
       ``(D) the specific amount and location of worst case 
     discharges (as defined in part 194 of title 49, Code of 
     Federal Regulations), including the process by which an owner 
     or operator determines the worst case discharge.
       ``(b) Relationship to FOIA.--Nothing in this section may be 
     construed to require disclosure of information or records 
     that are exempt from disclosure under section 552 of title 
     5.''.
       (2) Clerical amendment.--The analysis for chapter 601 is 
     amended by inserting after the item relating to section 60137 
     the following:

``60138. Response plans.''.

     SEC. 7. CAST IRON GAS PIPELINES.

       (a) Follow-Up Surveys.--Section 60108(d) is amended by 
     adding at the end the following:
       ``(4) Not later than December 31, 2012, and every 2 years 
     thereafter, the Secretary shall conduct a follow-up survey to 
     measure the progress that owners and operators of pipeline 
     facilities have made in adopting and implementing their plans 
     for the safe management and replacement of cast iron gas 
     pipelines.''.
       (b) Status Report.--Not later than December 31, 2013, the 
     Secretary of Transportation shall transmit to the Committee 
     on Transportation and Infrastructure and the Committee on 
     Energy and Commerce of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report that--
       (1) identifies the total mileage of cast iron gas pipelines 
     in the United States; and
       (2) evaluates the progress that owners and operators of 
     pipeline facilities have made in implementing their plans for 
     the safe management and replacement of cast iron gas 
     pipelines.

     SEC. 8. LEAK DETECTION.

       (a) Leak Detection Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Commerce, Science, and

[[Page 20073]]

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

     SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.

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

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

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

     SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.

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

     SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.

       Section 60102, as amended by this Act, is further amended 
     by adding at the end the following:
       ``(o) Transportation-Related Oil Flow Lines.--
       ``(1) Data collection.--The Secretary may collect 
     geospatial or technical data on transportation-related oil 
     flow lines, including unregulated transportation-related oil 
     flow lines.
       ``(2) Transportation-related oil flow line defined.--In 
     this subsection, the term `transportation-related oil flow 
     line' means a pipeline transporting oil off of the grounds of 
     the well where it originated and across areas not owned by 
     the producer, regardless of the extent to which the oil has 
     been processed, if at all.
       ``(3) Limitation.--Nothing in this subsection authorizes 
     the Secretary to prescribe standards for the movement of oil 
     through production, refining, or manufacturing facilities or 
     through oil production flow lines located on the grounds of 
     wells.''.

     SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.

       (a) In General.--Section 60117(n) is amended to read as 
     follows:
       ``(n) Cost Recovery for Design Reviews.--
       ``(1) In general.--
       ``(A) Review costs.--For any project described in 
     subparagraph (B), if the Secretary conducts facility design 
     safety reviews in connection with a proposal to construct, 
     expand, or operate a gas or hazardous liquid pipeline 
     facility or liquefied natural gas pipeline facility, 
     including construction inspections and oversight, the 
     Secretary may require the person proposing the project to pay 
     the costs incurred by the Secretary relating to such reviews. 
     If the Secretary exercises the cost recovery authority 
     described in this paragraph, the Secretary shall prescribe a 
     fee structure and assessment methodology that is based on the 
     costs of providing these reviews and shall prescribe 
     procedures to collect fees under this paragraph. The 
     Secretary may not collect design safety review fees under 
     this paragraph and section 60301 for the same design safety 
     review.
       ``(B) Projects to which applicable.--Subparagraph (A) 
     applies to any project that--
       ``(i) has design and construction costs totaling at least 
     $2,500,000,000, as periodically adjusted by the Secretary to 
     take into account increases in the Consumer Price Index for 
     all-urban consumers published by the Department of Labor, 
     based on--

       ``(I) the cost estimate provided to the Federal Energy 
     Regulatory Commission in an application for a certificate of 
     public convenience and necessity for a gas pipeline facility 
     or an application for authorization for a liquefied natural 
     gas pipeline facility; or
       ``(II) a good faith estimate developed by the person 
     proposing a hazardous liquid pipeline facility and submitted 
     to the Secretary; or

       ``(ii) uses new or novel technologies or design, as 
     determined by the Secretary.
       ``(2) Notification.--For any new pipeline facility 
     construction project in which the Secretary will conduct 
     design reviews, the person proposing the project shall notify 
     the Secretary and provide the design specifications, 
     construction plans and procedures, and related materials at 
     least 120 days prior to the commencement of construction. To 
     the maximum extent practicable, not later than 90 days after 
     receiving such design specifications, construction plans and 
     procedures, and related materials, the Secretary shall 
     provide written comments, feedback, and guidance on the 
     project.
       ``(3) Pipeline safety design review fund.--
       ``(A) Establishment.--There is established a Pipeline 
     Safety Design Review Fund in the Treasury of the United 
     States.
       ``(B) Deposits.--The Secretary shall deposit funds paid 
     under this subsection into the Fund.
       ``(C) Use.--Amounts in the Fund shall be available to the 
     Secretary, in amounts specified in appropriations Acts, to 
     offset the costs of conducting facility design safety reviews 
     under this subsection.

[[Page 20074]]

       ``(4) No additional permitting authority.--Nothing in this 
     subsection may be construed as authorizing the Secretary to 
     require a person to obtain a permit before beginning design 
     and construction in connection with a project described in 
     paragraph (1)(B).''.
       (b) Guidance.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     issue guidance to clarify the meaning of the term ``new or 
     novel technologies or design'' as used in section 
     60117(n)(1)(B)(ii) of title 49, United States Code, as 
     amended by subsection (a) of this section.

     SEC. 14. BIOFUEL PIPELINES.

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

     SEC. 15. CARBON DIOXIDE PIPELINES.

       Section 60102(i) is amended--
       (1) by striking ``The Secretary shall regulate'' and 
     inserting the following:
       ``(1) Transportation in liquid state.--The Secretary shall 
     regulate''.
       (2) by adding at the end the following new paragraph:
       ``(2)  Transportation in gaseous state.--
       ``(A) Minimum safety standards.--The Secretary shall 
     prescribe minimum safety standards for the transportation of 
     carbon dioxide by pipeline in a gaseous state.
       ``(B) Considerations.--In establishing the standards, the 
     Secretary shall consider whether applying the minimum safety 
     standards in part 195 of title 49, Code of Federal 
     Regulations, as in effect on the date of enactment of this 
     paragraph, for the transportation of carbon dioxide in a 
     liquid state to the transportation of carbon dioxide in a 
     gaseous state would ensure safety.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection authorizes the Secretary to regulate piping 
     or equipment used in the production, extraction, recovery, 
     lifting, stabilization, separation, or treatment of carbon 
     dioxide or the preparation of carbon dioxide for 
     transportation by pipeline at production, refining, or 
     manufacturing facilities.''.

     SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

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

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

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

     SEC. 18. CLARIFICATIONS.

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

     SEC. 19. MAINTENANCE OF EFFORT.

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

     SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.

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

     SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.

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

     SEC. 22. EXCESS FLOW VALVES.

       Section 60109(e)(3) is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Distribution branch services, multifamily facilities, 
     and small commercial facilities.--Not later than 2 years 
     after the date of enactment of the Pipeline Safety, 
     Regulatory Certainty, and Job Creation Act of 2011, and after 
     issuing a final report on the evaluation of the National 
     Transportation Safety Board's recommendation on excess flow 
     valves in applications other than service lines serving one 
     single family residence,

[[Page 20075]]

     the Secretary, if appropriate, shall by regulation require 
     the use of excess flow valves, or equivalent technology, 
     where economically, technically, and operationally feasible 
     on new or entirely replaced distribution branch services, 
     multifamily facilities, and small commercial facilities.''.

     SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.

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

     ``Sec. 60139. Maximum allowable operating pressure

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

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

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

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

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

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

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

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

     SEC. 27. REPORT ON PIPELINE PROJECTS.

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

     SEC. 28. COVER OVER BURIED PIPELINES.

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

     ``Sec. 60140. Cover over buried pipelines

       ``(a) Hazardous Liquid Pipeline Incidents Involving Buried 
     Pipelines.--
       ``(1) Study.--The Secretary of Transportation shall conduct 
     a study of hazardous liquid pipeline incidents at crossings 
     of inland bodies of water with a width of at least 100 feet 
     from high water mark to high water mark to determine if the 
     depth of cover over the buried pipeline was a factor in any 
     accidental release of hazardous liquids.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall transmit to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     study.
       ``(b) Assessment of Current Requirements for Depth of Cover 
     Over Buried Pipelines.--
       ``(1) In general.--If, following completion of the study 
     under subsection (a), the Secretary finds that the depth of 
     cover over buried pipelines is a contributing factor in the 
     accidental release of hazardous liquids from the pipelines, 
     the Secretary, not later than 1 year after the date of 
     completion of the study, shall review and determine the 
     sufficiency of current requirements for the depth of cover 
     over buried pipelines.
       ``(2) Legislative recommendations.--
       ``(A) Development.--If the Secretary determines under 
     paragraph (1) that the current requirements for the depth of 
     cover over

[[Page 20076]]

     buried pipelines are insufficient, the Secretary shall 
     develop legislative recommendations for improving the safety 
     of buried pipelines at crossings of inland bodies of water 
     with a width of at least 100 feet from high water mark to 
     high water mark.
       ``(B) Consideration of factors.--In developing legislative 
     recommendations under subparagraph (A), the Secretary shall 
     consider the factors specified in section 60102(b)(2).
       ``(C) Report to congress.--If the Secretary develops 
     legislative recommendations under subparagraph (A), the 
     Secretary shall submit to the committees referred to in 
     subsection (a)(2) a report containing the legislative 
     recommendations.''.
       (b) Clerical Amendment.--The analysis for chapter 601 is 
     amended by inserting after the item relating to section 60139 
     the following:

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

     SEC. 29. SEISMICITY.

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

     SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.

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

     SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.

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

     SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125(a) is amended 
     to read as follows:
       ``(a) Gas and Hazardous Liquid.--
       ``(1) In general.--To carry out the provisions of this 
     chapter related to gas and hazardous liquid and section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355), there is authorized to be 
     appropriated to the Department of Transportation for each of 
     fiscal years 2012 through 2015, from fees collected under 
     section 60301, $90,679,000, of which $4,746,000 is for 
     carrying out such section 12 and $36,194,000 is for making 
     grants.
       ``(2) Trust fund amounts.--In addition to the amounts 
     authorized to be appropriated by paragraph (1), there is 
     authorized to be appropriated for each of fiscal years 2012 
     through 2015 from the Oil Spill Liability Trust Fund to carry 
     out the provisions of this chapter related to hazardous 
     liquid and section 12 of the Pipeline Safety Improvement Act 
     of 2002 (49 U.S.C. 60101 note; Public Law 107-355), 
     $18,573,000, of which $2,174,000 is for carrying out such 
     section 12 and $4,558,000 is for making grants.''.
       (b) Emergency Response Grants.--Section 60125(b)(2) is 
     amended by striking ``2007 through 2010'' and inserting 
     ``2012 through 2015''.
       (c) One-Call Notification Programs.--Section 6107 is 
     amended--
       (1) in subsection (a) by striking ``2007 through 2010.'' 
     and inserting ``2012 through 2015.'';
       (2) in subsection (b) by striking ``2007 through 2010.'' 
     and inserting ``2012 through 2015.''; and
       (3) by striking subsection (c).
       (d) State Damage Prevention Programs.--Section 60134 is 
     amended by adding at the end the following:
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to provide grants under 
     this section $1,500,000 for each of fiscal years 2012 through 
     2015. Such funds shall remain available until expended.''.
       (e) Community Pipeline Safety Information Grants.--Section 
     60130 is amended--
       (1) in subsection (a)(1) by striking ``$50,000'' and 
     inserting ``$100,000'';
       (2) in subsection (b)--
       (A) by inserting ``to grant recipients and their 
     contractors'' after ``this section''; and
       (B) by inserting ``, for direct advocacy for or against a 
     pipeline construction or expansion project,'' after ``for 
     lobbying''; and
       (3) in subsection (d) by striking ``$1,000,000 for each of 
     the fiscal years 2003 through 2010'' and inserting 
     ``$1,500,000 for each of fiscal years 2012 through 2015''.
       (f) Pipeline Transportation Research and Development.--
     Section 12 of the Pipeline Safety Improvement Act of 2002 (49 
     U.S.C. 60101 note) is amended--
       (1) in subsection (d) by adding at the end the following:
       ``(3) Ongoing pipeline transportation research and 
     development.--
       ``(A) In general.--After the initial 5-year program plan 
     has been carried out by the participating agencies, the 
     Secretary of Transportation, in coordination with the 
     Director of the National Institute of Standards and 
     Technology, as appropriate, shall prepare a research and 
     development program plan every 5 years thereafter and shall 
     transmit a report to Congress on the status and results-to-
     date of implementation of the program every 2 years. The 
     biennial report shall include a summary of updated research 
     needs and priorities identified through the consultation 
     requirements of paragraph (2).
       ``(B) Consultation.--The Secretary shall comply with the 
     consultation requirements of paragraph (2) when preparing the 
     program plan and in the selection and prioritization of 
     research and development projects.
       ``(C) Funding from non-federal sources.--The Secretary 
     shall ensure at least 30 percent of the costs of program-wide 
     research and development activities are carried out using 
     non-Federal sources.''.
       (2) in subsection (f) by striking ``2003 through 2006.'' 
     and inserting ``2012 through 2015.''.

  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________