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Referenced Laws
49 U.S.C. 60101
Public Law 107–355
Public Law 114–183
15 U.S.C. 4301(a)
42 U.S.C. 4336e
42 U.S.C. 4321 et seq.
Chapter 601
49 U.S.C. 60108
Chapter 10
42 U.S.C. 5122
Public Law 116–260
42 U.S.C. 15801
Public Law 112–90
49 U.S.C. 60117
6 U.S.C. 321o
Chapter 448
section 44814
25 U.S.C. 2703
25 U.S.C. 5304
15 U.S.C. 720n(d)
Section 1
1. Short title; table of contents This Act may be cited as the Pipeline Integrity, Protection, and Enhancement for Leveraging Investments in the Nation's Energy to assure Safety Act of 2025 or the PIPELINE Safety Act of 2025. The table of contents for this Act is as follows:
Section 2
2. Definitions In this Act: The term Administration means the Pipeline and Hazardous Materials Safety Administration. The term Administrator means the Administrator of the Administration. The term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The term document produced to another person means a document produced in response to a request under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), a submission to a Federal, State, or Tribal court, information made available on a website, and a document transmitted to Congress. The term Secretary means the Secretary of Transportation.
Section 3
101. Gas and hazardous liquid Section 60125(a) of title 49, United States Code, is amended— in paragraph (1)— in subparagraph (A)— in the matter preceding clause (i), by striking $156,400,000 for fiscal year 2021 and inserting $185,000,000 for fiscal year 2026; and in clause (ii), by striking $63,000,000 and inserting $83,250,000; in subparagraph (B)— in the matter preceding clause (i), by striking $158,500,000 for fiscal year 2022 and inserting $190,365,000 for fiscal year 2027; and in clause (ii)— by striking $66,000,000 and inserting $85,660,000; and by striking and at the end; in subparagraph (C)— in the matter preceding clause (i), by striking $162,700,000 for fiscal year 2023 and inserting $195,886,000 for fiscal year 2028; and in clause (ii)— by striking $69,000,000 and inserting $88,150,000; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: $201,556,000 for fiscal year 2029, of which— $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and $90,700,000 shall be used for making grants; and $207,412,000 for fiscal year 2030, of which— $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and $93,340,000 shall be used for making grants. in paragraph (2)— in subparagraph (A)— in the matter preceding clause (i), by striking $27,000,000 for fiscal year 2021 and inserting $30,000,000 for fiscal year 2026; and in clause (ii), by striking $11,000,000 and inserting $13,500,000; in subparagraph (B)— in the matter preceding clause (i), by striking $27,650,000 for fiscal year 2022 and inserting $31,000,000 for fiscal year 2027; and in clause (ii)— by striking $12,000,000 and inserting $13,950,000; and by striking and at the end; in subparagraph (C)— in the matter preceding clause (i), by striking $28,700,000 for fiscal year 2023 and inserting $32,000,000 for fiscal year 2028; and in clause (ii)— by striking $13,000,000 and inserting $14,400,000; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: $33,000,000 for fiscal year 2029, of which— $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and $14,850,000 shall be used for making grants; and 34,000,000 for fiscal year 2030, of which— $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and $15,300,000 shall be used for making grants. in paragraph (3), by striking $8,000,000 for each of fiscal years 2021 through 2023 and inserting $7,000,000 for each of fiscal years 2026 through 2030. (D)$201,556,000 for fiscal year 2029, of which—(i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and(ii)$90,700,000 shall be used for making grants; and(E)$207,412,000 for fiscal year 2030, of which—(i)$9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and(ii)$93,340,000 shall be used for making grants.; (D)$33,000,000 for fiscal year 2029, of which—(i)$3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and(ii)$14,850,000 shall be used for making grants; and(E)34,000,000 for fiscal year 2030, of which—(i)$3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and(ii)$15,300,000 shall be used for making grants.; and
Section 4
102. Operational expenses of the Pipeline and Hazardous Materials Safety Administration There are authorized to be appropriated to the Secretary for the necessary operational expenses of the Administration— $33,000,000 for fiscal year 2026; $34,000,000 for fiscal year 2027; $35,000,000 for fiscal year 2028; $36,000,000 for fiscal year 2029; and $37,000,000 for fiscal year 2030.
Section 5
103. Other programs Section 60125(b)(2) of title 49, United States Code, is amended by striking $10,000,000 for each of fiscal years 2021 through 2023 to carry out this subsection and inserting to carry out this subsection $10,000,000 for each of fiscal years 2026 through 2030. Section 60130 of title 49, United States Code, is amended— in subsection (c)— in paragraph (1), by striking section 2(b) of the PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515), the Secretary shall use $2,000,000 for each of fiscal years 2021 through 2023 to carry out this section. and inserting the following: “section 60125(a)(1), the Secretary shall use to carry out this section— $2,000,000 for fiscal year 2026; $2,750,000 for fiscal year 2027; $3,000,000 for fiscal year 2028; $3,250,000 for fiscal year 2029; and $4,000,000 for fiscal year 2030. in paragraph (2)— by striking $1,000,000; and by striking section. and inserting the following: “section— $1,000,000 for fiscal year 2026; $1,250,000 for fiscal year 2027; $1,500,000 for fiscal year 2028; $1,750,000 for fiscal year 2029; and $2,000,000 for fiscal year 2030. by redesignating subsection (d) as subsection (e); and by inserting after subsection (c) the following: Not later than 60 days after the date on which funds are made available to carry out this section, the Secretary shall publish a notice of funding opportunity for the funds. To be eligible to receive a grant under this section, an eligible applicant shall submit to the Secretary an application— in such form and containing such information as the Secretary considers to be appropriate; and by such date as the Secretary may establish, subject to the condition that the date shall be not later than 60 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1). Not later than 120 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1), the Secretary shall announce the selection by the Secretary of eligible applicants to receive grants in accordance with this section. Section 60134(i) of title 49, United States Code, is amended by striking $1,500,000 for each of fiscal years 2021 through 2023. Such funds shall remain and inserting $3,000,000 for each of fiscal years 2026 through 2030, to remain. Section 12(f) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) is amended— by striking $3,000,000 and inserting $2,500,000; and by striking the fiscal years 2021 through 2023 and inserting fiscal years 2026 through 2030. (A)$2,000,000 for fiscal year 2026;(B)$2,750,000 for fiscal year 2027;(C)$3,000,000 for fiscal year 2028;(D)$3,250,000 for fiscal year 2029; and(E)$4,000,000 for fiscal year 2030.; and (A)$1,000,000 for fiscal year 2026;(B)$1,250,000 for fiscal year 2027;(C)$1,500,000 for fiscal year 2028;(D)$1,750,000 for fiscal year 2029; and(E)$2,000,000 for fiscal year 2030.; (d)Deadlines(1)Notice of Funding OpportunityNot later than 60 days after the date on which funds are made available to carry out this section, the Secretary shall publish a notice of funding opportunity for the funds.(2)ApplicationsTo be eligible to receive a grant under this section, an eligible applicant shall submit to the Secretary an application—(A)in such form and containing such information as the Secretary considers to be appropriate; and(B)by such date as the Secretary may establish, subject to the condition that the date shall be not later than 60 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1).(3)SelectionNot later than 120 days after the date on which the Secretary publishes the notice of funding opportunity under paragraph (1), the Secretary shall announce the selection by the Secretary of eligible applicants to receive grants in accordance with this section..
Section 6
201. Inspection of in-service breakout tanks Not later than 1 year after the date of enactment of this Act, the Secretary shall revise part 195 of title 49, Code of Federal Regulations, to allow for risk-based inspections of in-service breakout tanks if the Secretary finds such revisions maintain or enhance safety. In revising the regulations under subsection (a), the Secretary shall consider the American Petroleum Institute standard entitled Tank Inspection, Repair, Alteration, and Reconstruction, dated November 2014, and numbered API Standard 653 (Fifth Edition) (or a successor standard). In revising the regulations under subsection (a), for any in-service breakout tanks that would be internally inspected less frequently under the revised regulations than required under part 195 of title 49, Code of Federal Regulations (as in effect on January 1, 2025), the Secretary shall require operators— to visually monitor the external conditions of those tanks on a routine basis; and to use a secondary containment system designed to contain hazardous liquids in the event of a leak. If the regulations promulgated under subsection (a) differ from the American Petroleum Institute standard referred to in subsection (b), the Secretary shall submit to the appropriate committees of Congress a notification explaining the reasons for the differences not later than 60 days after the date on which the regulations are published in the Federal Register.
Section 7
202. Risk assessment obligations Section 60102(b)(4)(A) of title 49, United States Code, is amended— in clause (i), by striking and at the end; in clause (ii), by striking the period at the end and inserting ; and; and by adding at the end the following: require that an officer or employee of the Department of Transportation with expertise in conducting risk assessments or cost-benefit analyses for pipeline facilities or other modes of transportation attend any meeting in which a committee described in clause (i) is serving as a peer review panel with respect to that risk assessment information. (iii)require that an officer or employee of the Department of Transportation with expertise in conducting risk assessments or cost-benefit analyses for pipeline facilities or other modes of transportation attend any meeting in which a committee described in clause (i) is serving as a peer review panel with respect to that risk assessment information..
Section 8
203. Timely incorporation by reference Section 60102 of title 49, United States Code, is amended by striking subsection (l) and inserting the following: Not less frequently than once every 5 years, the Secretary shall— review each industry consensus standard— that has been adopted or incorporated, partially or in full, as part of the Federal pipeline safety regulatory program under this chapter; that has been modified by a standards development organization (as defined in section 2(a) of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301(a))) since being adopted or incorporated; and the modification of which has been published by a standards development organization (as defined in that section); and update, as determined necessary by the Secretary, the adoption or incorporation of each industry consensus standard reviewed under subparagraph (A). The Secretary shall maintain a publicly available list of all industry standards considered for adoption or incorporation under this chapter, including— the determination of the Secretary with respect to each standard considered; and with respect to each standard not adopted or incorporated in full, the reasoning for not adopting or incorporating that standard in full. Not later than 30 days after initial completion and each revision of the list under subparagraph (A), the Secretary shall publish the list on the public website of the Pipeline and Hazardous Materials Safety Administration. In prescribing new safety standards under this chapter, the Secretary shall consider adopting or incorporating industry consensus standards. For all industry consensus standards incorporated or partially incorporated under this chapter on or after the date of enactment of the PIPELINE Safety Act of 2025, the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment. If the full text of an industry consensus standard is not published on the public website of the Pipeline and Hazardous Materials Safety Administration or available from that website via a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment, then the Secretary shall not incorporate or partially incorporate under this chapter that industry consensus standard by reference. For industry consensus standards incorporated or partially incorporated under this chapter before the date of enactment of the PIPELINE Safety Act of 2025 that are publicly available on a public-facing website at no charge to the public, the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website. (l)Updating standards(1)In generalNot less frequently than once every 5 years, the Secretary shall—(A)review each industry consensus standard—(i)that has been adopted or incorporated, partially or in full, as part of the Federal pipeline safety regulatory program under this chapter;(ii)that has been modified by a standards development organization (as defined in section 2(a) of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301(a))) since being adopted or incorporated; and(iii)the modification of which has been published by a standards development organization (as defined in that section); and(B)update, as determined necessary by the Secretary, the adoption or incorporation of each industry consensus standard reviewed under subparagraph (A).(2)List of industry standards(A)In generalThe Secretary shall maintain a publicly available list of all industry standards considered for adoption or incorporation under this chapter, including—(i)the determination of the Secretary with respect to each standard considered; and(ii)with respect to each standard not adopted or incorporated in full, the reasoning for not adopting or incorporating that standard in full.(B)AvailabilityNot later than 30 days after initial completion and each revision of the list under subparagraph (A), the Secretary shall publish the list on the public website of the Pipeline and Hazardous Materials Safety Administration.(3)Consideration of industry consensus standardsIn prescribing new safety standards under this chapter, the Secretary shall consider adopting or incorporating industry consensus standards.(4)Public access(A)In generalFor all industry consensus standards incorporated or partially incorporated under this chapter on or after the date of enactment of the PIPELINE Safety Act of 2025, the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment.(B)ExceptionIf the full text of an industry consensus standard is not published on the public website of the Pipeline and Hazardous Materials Safety Administration or available from that website via a direct link to an external source where the full text is available to the public on a website to view at no cost for the duration of time that the Secretary has the incorporation by reference available for public comment, then the Secretary shall not incorporate or partially incorporate under this chapter that industry consensus standard by reference.(C)Previously incorporated standardsFor industry consensus standards incorporated or partially incorporated under this chapter before the date of enactment of the PIPELINE Safety Act of 2025 that are publicly available on a public-facing website at no charge to the public, the Secretary shall publish on the public website of the Pipeline and Hazardous Materials Safety Administration the full text of the standard or a direct link to an external source where the full text is available to the public on a website..
Section 9
204. Report on updates to the National Pipeline Mapping System Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the management of the National Pipeline Mapping System by the Administration. The report submitted under subsection (a) shall describe— how and when the Administration updates the high consequence area data contained in the National Pipeline Mapping System; what sources of scientific data are used for those updates; and how those data are validated for accuracy. Not later than 2 years after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that the information submitted under section 60132(a) of title 49, United States Code, has a spatial accuracy within a radius of 50 feet from the location of the facility (+/− 50 feet).
Section 10
205. Pipeline safety enhancement programs Section 60142 of title 49, United States Code, is amended— in subsection (c)(2), by striking 3 years after the date of enactment of this section and inserting 5 years after the date of enactment of the PIPELINE Safety Act of 2025; in subsection (d)— in paragraph (1), by inserting or equal to after greater than; and by striking paragraph (2) and inserting the following: To accomplish the purpose of a testing program, the Secretary may issue an order waiving compliance with any part of an applicable standard prescribed under this chapter if the condition described in paragraph (1) is met, as determined by the Secretary. The Secretary shall not require testing program applicants to use the nonemergency waiver process, or to otherwise meet the requirements of the nonemergency waiver process, established under section 60118(c)(1). by striking subsection (h) and inserting the following: The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter. Not later than 10 days after the termination of a testing program under paragraph (1), the Secretary shall notify the relevant pipeline operators of how they can cure any deficiencies identified by the Secretary. If the Secretary determines that the deficiencies identified under paragraph (2) are addressed, the Secretary shall reinstate the testing program. by adding at the end the following: Establishment of a testing program under subsection (a) shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for purposes of that Act (42 U.S.C. 4321 et seq.). (2)Determination(A)In generalTo accomplish the purpose of a testing program, the Secretary may issue an order waiving compliance with any part of an applicable standard prescribed under this chapter if the condition described in paragraph (1) is met, as determined by the Secretary.(B)LimitationThe Secretary shall not require testing program applicants to use the nonemergency waiver process, or to otherwise meet the requirements of the nonemergency waiver process, established under section 60118(c)(1).; (h)Authority To terminate program(1)In generalThe Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.(2)NotificationNot later than 10 days after the termination of a testing program under paragraph (1), the Secretary shall notify the relevant pipeline operators of how they can cure any deficiencies identified by the Secretary.(3)ReinstatementIf the Secretary determines that the deficiencies identified under paragraph (2) are addressed, the Secretary shall reinstate the testing program.; and (m)Approval processEstablishment of a testing program under subsection (a) shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) for purposes of that Act (42 U.S.C. 4321 et seq.)..
Section 11
206. Technical safety standards committees Section 60115(c)(2) of title 49, United States Code, is amended, in the fifth sentence, by inserting and notify the appropriate committees of Congress (as defined in section 2 of the PIPELINE Safety Act of 2025) after the Secretary shall publish the reasons. Section 60115(e) of title 49, United States Code, is amended by striking up to 4 and inserting 2.
Section 12
207. Enforcement procedures Section 60117(b)(1) of title 49, United States Code, is amended— in subparagraph (B)— in clause (i), by striking or at the end; in clause (ii), by adding or after the semicolon at the end; and by adding at the end the following: to allow a recipient of a warning under section 190.205 of title 49, Code of Federal Regulations (or a successor regulation), to discuss claims made in the warning with relevant staff; in subparagraph (I), by striking and at the end; in subparagraph (J), by striking the period at the end and inserting a semicolon; and by adding at the end the following: for civil penalties over $1,000,000, adjusted each year for inflation, allow the respondent to request a formal hearing in accordance with section 554 of title 5, conducted by an administrative law judge; and provide a written response to a request for the withdrawal or modification of a written warning issued under this section. Section 60117(b) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following: A hearing under this section shall— be noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration on its own page titled Upcoming Enforcement Hearings; provide an orderly and timely process, as determined by the Secretary; in the case of a formal hearing, be open to the public. Not later than 1 year after the date of enactment of this Act, the Secretary shall update the regulations prescribing protocols for all hearings under section 60117 of title 49, United States Code. (iii)to allow a recipient of a warning under section 190.205 of title 49, Code of Federal Regulations (or a successor regulation), to discuss claims made in the warning with relevant staff;; (K)for civil penalties over $1,000,000, adjusted each year for inflation, allow the respondent to request a formal hearing in accordance with section 554 of title 5, conducted by an administrative law judge; and(L)provide a written response to a request for the withdrawal or modification of a written warning issued under this section.. (2)Hearing requirementsA hearing under this section shall—(A)be noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration on its own page titled Upcoming Enforcement Hearings;(B)provide an orderly and timely process, as determined by the Secretary;(C)in the case of a formal hearing, be open to the public..
Section 13
208. Civil penalties Section 60122(a)(1) of title 49, United States Code, is amended— in the first sentence, by striking $200,000 and inserting $400,000; and in the third sentence, by striking $2,000,000 and inserting $4,000,000.
Section 14
209. Improving whistleblower protections Section 60129 of title 49, United States Code, is amended— in subsection (a)(2)— in subparagraph (A), by striking or at the end; in subparagraph (B), by striking such a person. and inserting a person described in subparagraph (A); or; and by adding at the end the following: an officer, employee, or agent of a person described in subparagraph (A). in subsection (b)(3)(B)— in clause (ii), by inserting with interest after back pay; and in clause (iii), by inserting , including compensation for any special damages sustained as a result of the discrimination after compensatory damages to the complainant. (C)an officer, employee, or agent of a person described in subparagraph (A).; and
Section 15
210. Assessment of composite materials The Administrator shall gather and assess any studies, data, standards, and approved applications available as of the date of enactment of this Act that address the safety of composite materials to support the safe transportation of— natural gas; natural gas liquids; new fuels, such as hydrogen and hydrogen blended with natural gas; and new fluids, such as carbon dioxide. The assessment under subsection (a) shall be completed not later than 1 year after the date of enactment of this Act. Not later than 30 days after completing the assessment under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report describing the conclusions of the assessment. If the Administrator concludes, based on the assessment under subsection (a), that composite materials provide, at a minimum, an equivalent level of safety as other pipelines under the jurisdiction of the Administration, the Administrator shall promulgate regulations, not later than 180 days after the date on which the report under subsection (c) is submitted, that allow for the use of composite materials for the transportation of new fuels. The regulations promulgated under paragraph (1) may include adoption or incorporation by reference of existing industry consensus standards.
Section 16
211. Elements and evaluation of State damage prevention programs Section 60134 of title 49, United States Code, is amended— in subsection (b)— in the subsection heading, by inserting State before Damage; by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively; in the matter preceding subparagraph (A) (as so redesignated), by striking An and inserting the following: An in paragraph (1) (as so designated)— by indenting subparagraphs (A) through (I) appropriately; and by adding at the end the following: A State one-call program that includes, or is making substantial progress toward including, the one-call leading practices described in paragraph (2). by adding at the end the following: The one-call leading practices referred to in paragraph (1)(J) are the following: Restricting the size or scope of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets). Restricting the longevity of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets). Specifying tolerance (soft-dig only) zone horizontal dimensions. Specifying tolerance zone requirements. Specifying emergency excavation notification requirements. Specifying the responsibilities of excavators, including the reporting of damages or suspected damages. Defining who is an excavator and what is considered excavation. Requiring the use of white-lining. Requiring a positive response before excavation begins, such as a utility, municipality, or other entity that places the relevant marks positively responding to the notification center, and the excavator checking for that positive response before beginning excavation. Requiring that newly installed underground facilities be locatable with commercially available technology. Requiring the marking of sewer lines and laterals. Specifying the qualifications of, and requirements for, those excavators performing trenchless excavation activities that are not subject to pipeline construction requirements under part 192 or 195 of title 49, Code of Federal Regulations (or successor regulations). in subsection (c)— by striking In and inserting the following: In by adding at the end the following: The evaluation criteria used by the Secretary for determining the effectiveness of a State damage prevention program shall include consideration of whether the State, at a minimum— engages in effective, active, and meaningful enforcement of State one-call laws, including the efficacy of fines and penalties; requires reporting to the local one-call center of excavation damage events that affect pipelines and other underground facilities that are not privately owned, including (to the extent available at the time of the reporting)— information about the nature of the incident, including its apparent cause; the organizations involved; the impact to public safety, utility operations, and customer service; and the impact to the environment; and limits exemptions to State damage prevention laws. Section 60114(f) of title 49, United States Code, is amended by striking section 60134(b)(7) and inserting section 60134(b)(1)(G). (1)In generalAn ; (J)A State one-call program that includes, or is making substantial progress toward including, the one-call leading practices described in paragraph (2).; and (2)One-call leading practicesThe one-call leading practices referred to in paragraph (1)(J) are the following:(A)Restricting the size or scope of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets).(B)Restricting the longevity of a one-call ticket for standard locate requests (which may include process exceptions for special large project tickets).(C)Specifying tolerance (soft-dig only) zone horizontal dimensions.(D)Specifying tolerance zone requirements.(E)Specifying emergency excavation notification requirements.(F)Specifying the responsibilities of excavators, including the reporting of damages or suspected damages.(G)Defining who is an excavator and what is considered excavation.(H)Requiring the use of white-lining.(I) Requiring a positive response before excavation begins, such as a utility, municipality, or other entity that places the relevant marks positively responding to the notification center, and the excavator checking for that positive response before beginning excavation.(J)Requiring that newly installed underground facilities be locatable with commercially available technology.(K)Requiring the marking of sewer lines and laterals.(L)Specifying the qualifications of, and requirements for, those excavators performing trenchless excavation activities that are not subject to pipeline construction requirements under part 192 or 195 of title 49, Code of Federal Regulations (or successor regulations).; and (1)In generalIn; and (2)Evaluation criteriaThe evaluation criteria used by the Secretary for determining the effectiveness of a State damage prevention program shall include consideration of whether the State, at a minimum—(A)engages in effective, active, and meaningful enforcement of State one-call laws, including the efficacy of fines and penalties;(B)requires reporting to the local one-call center of excavation damage events that affect pipelines and other underground facilities that are not privately owned, including (to the extent available at the time of the reporting)—(i)information about the nature of the incident, including its apparent cause;(ii)the organizations involved;(iii)the impact to public safety, utility operations, and customer service; and(iv)the impact to the environment; and(C)limits exemptions to State damage prevention laws..
Section 17
212. Pipeline safety voluntary information-sharing system Chapter 601 of title 49, United States Code, is amended by adding at the end the following: In this section: The term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration. The term Governing Board means the governing board established under subsection (d)(1). The term Issue Analysis Team means an Issue Analysis Team established under subsection (g)(1). The term Program Manager means the Program Manager described in subsection (e). The term Third-Party Data Manager means the Third-Party Data Manager appointed under subsection (f)(1). The term VIS means the voluntary information-sharing system established under subsection (b)(1). Not later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines. The VIS shall be implemented and managed in accordance with the report entitled Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared under section 10 of the PIPES Act of 2016 (49 U.S.C. 60108 note; Public Law 114–183) by the Voluntary Information Sharing System Working Group convened under that section. The purpose of the VIS shall be to serve as a comprehensive and integrated system— to gather, evaluate, and quantify critical pipeline safety data and information; and to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner. The VIS shall be governed, in accordance with this section, by the Governing Board, with support from— the Program Manager; the Third-Party Data Manager; and 1 or more Issue Analysis Teams. Not later than 180 days after the date of enactment of this section, the Administrator, after consulting with public and private pipeline safety stakeholders, shall establish a governing board for the VIS. The Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C). The Governing Board shall be composed of the following members: 5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator). 5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with— operators; trade associations; inspection technology, coating, or cathodic protection vendors; standards development organizations; research and development consortia; or pipeline inspection organizations. 5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including— pipeline safety and environmental public interest groups; public institutions of higher education with pipeline safety expertise; and nonprofit employee labor organizations. At least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry. At least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group. Except as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years. In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter— the terms of 5 members will expire; and the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire. A member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms. The Governing Board shall be co-chaired by— the Administrator (or a designee of the Administrator); a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board. The co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board. The Governing Board shall have authority— to govern and provide strategic oversight of the VIS; to develop governance documents, including a charter for the Governing Board that shall— be made available to the public; and describe— the scope of the authority of the Governing Board; and the objectives of the Governing Board; to select and appoint the Third-Party Data Manager in accordance with subsection (f); to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information; to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g); to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams; to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F); to determine the information to be disseminated by the VIS; to determine the reports to be disseminated by the VIS; to issue, not less frequently than annually, publicly available reports on— VIS processes; the membership of the Governing Board; issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board; pipeline safety data and information that the VIS has requested for submission to the VIS; and safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and to perform such other functions that the Governing Board determines are— necessary or appropriate; and consistent with the purpose of the VIS described in subsection (b)(3). Decisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B). A supermajority referred to in subparagraph (A) shall consist of not fewer than— 2⁄3 of the total members of the Governing Board; and 1 additional member of the Governing Board. The Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS. The Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager. The Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS. The Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics. In carrying out the services described in paragraph (1), the Third-Party Data Manager shall— receive and secure pipeline safety data and information submitted to the VIS; accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D); de-identify, store, and manage pipeline safety data and information that is accepted by the VIS; collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS; prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate. The Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS. An Issue Analysis Team established under paragraph (1) shall— subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii). An Issue Analysis Team shall— work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and submit internal reports and recommendations to the Governing Board on those issues and topics. Chapter 10 of title 5 (commonly referred to as the Federal Advisory Committee Act) shall not apply to— the VIS; the Governing Board; or any Issue Analysis Team. The submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS. The VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS. The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among— operators of gas transmission, gas distribution, and hazardous liquid pipelines; employees of those operators; labor unions representing those employees; contractors of the operators described in subparagraph (A); in-line inspection service providers; non-destructive evaluation experts; the Pipeline and Hazardous Materials Safety Administration; and representatives of— State pipeline safety agencies; relevant Tribal agencies; pipeline safety public interest groups; manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and relevant research and academic institutions. Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F). Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include— pipeline integrity risk analysis information; lessons learned from accidents and near misses; process improvements; technology deployment practices; information obtained through VIS pipeline safety surveys of pipeline operator employees, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator; pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and any other relevant data or information, as determined by the Governing Board. To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS— shall be kept confidential by the VIS; and except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law. Except as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data. Notwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS. Approval to disclose de-identified nonpublic information under subparagraph (A)— shall be based on an analysis of the de-identified nonpublic information; and may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety. In issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board. This subsection does not apply to public information that may be submitted to the VIS. Any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS and subsequently obtained by the Secretary or the Administrator from the VIS is exempt from the requirements of section 552 of title 5. For purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5. Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may not be obtained from the VIS— for use as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or to initiate any enforcement action or civil litigation against a pipeline operator or the employees or contractors of a pipeline operator relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter). Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS shall not be subject to discovery from the VIS in any Federal, State, local, Tribal, or private litigation or other proceeding. The exclusions described in paragraphs (1) and (2) shall not apply to data or information that— is evidence of a criminal violation; is not related to the purpose of the VIS described in subsection (b)(3); is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations); is required to be reported to a State authority under State pipeline safety laws; or is developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation. Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section— creates a defense to a discovery request; or otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law. Nothing in this section affects any Federal, State, or local pipeline safety law. Each fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS. The Secretary shall— explore sustainable funding sources for the VIS, including public-private partnerships; and to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources. In addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS. Section 60101(a) of title 49, United States Code, is amended— by redesignating paragraphs (17) through (26) as paragraphs (18), (19), (20), (25), (26), (27), (22), (23), (24), and (28), respectively, and moving the paragraphs so as to appear in numerical order; by inserting after paragraph (16) the following: The term nonpublic information means any pipeline safety data or information, regardless of form or format, that— a company does not disclose, disseminate, or make available to the public; or is not otherwise in the public domain. by inserting after paragraph (20) (as so redesignated) the following: The term public information means any data or information, regardless of form or format, that— a company discloses, disseminates, or makes available to the public; or is otherwise in the public domain. The analysis for chapter 601 of title 49, United States Code, is amended by adding at the end the following: Section 70012(c) of title 46, United States Code, is amended by striking section 60101(a)(18) and inserting section 60101(a). Section 60102(q)(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking subsection (a)(21) and inserting subsection (a)(26). 60144.Voluntary information-sharing system(a)DefinitionsIn this section:(1)AdministratorThe term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration.(2)Governing BoardThe term Governing Board means the governing board established under subsection (d)(1).(3)Issue Analysis TeamThe term Issue Analysis Team means an Issue Analysis Team established under subsection (g)(1).(4)Program ManagerThe term Program Manager means the Program Manager described in subsection (e).(5)Third-Party Data ManagerThe term Third-Party Data Manager means the Third-Party Data Manager appointed under subsection (f)(1).(6)VISThe term VIS means the voluntary information-sharing system established under subsection (b)(1).(b)Establishment(1)In generalNot later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines.(2)RequirementThe VIS shall be implemented and managed in accordance with the report entitled Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared under section 10 of the PIPES Act of 2016 (49 U.S.C. 60108 note; Public Law 114–183) by the Voluntary Information Sharing System Working Group convened under that section.(3)PurposeThe purpose of the VIS shall be to serve as a comprehensive and integrated system—(A)to gather, evaluate, and quantify critical pipeline safety data and information; and (B)to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner.(c)GovernanceThe VIS shall be governed, in accordance with this section, by the Governing Board, with support from—(1)the Program Manager;(2)the Third-Party Data Manager; and (3)1 or more Issue Analysis Teams.(d)Governing board(1)In generalNot later than 180 days after the date of enactment of this section, the Administrator, after consulting with public and private pipeline safety stakeholders, shall establish a governing board for the VIS. (2)Composition(A)In generalThe Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C).(B)RepresentationThe Governing Board shall be composed of the following members:(i)5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator).(ii)5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with—(I)operators; (II)trade associations; (III)inspection technology, coating, or cathodic protection vendors;(IV)standards development organizations; (V)research and development consortia; or (VI)pipeline inspection organizations.(iii)5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including—(I)pipeline safety and environmental public interest groups;(II)public institutions of higher education with pipeline safety expertise; and(III)nonprofit employee labor organizations.(C)Requirements(i)Pipeline industryAt least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry.(ii)Pipeline safety public interest groupsAt least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group.(3)Terms(A)In generalExcept as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years.(B)Initial membersIn appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter— (i)the terms of 5 members will expire; and(ii)the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire.(C)ReappointmentA member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms.(4)Co-chairs(A)In generalThe Governing Board shall be co-chaired by—(i)the Administrator (or a designee of the Administrator);(ii)a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and(iii)a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board.(B)Responsibilities of co-chairsThe co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board.(5)AuthorityThe Governing Board shall have authority—(A)to govern and provide strategic oversight of the VIS;(B)to develop governance documents, including a charter for the Governing Board that shall—(i)be made available to the public; and (ii)describe—(I)the scope of the authority of the Governing Board; and(II)the objectives of the Governing Board;(C)to select and appoint the Third-Party Data Manager in accordance with subsection (f);(D)to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information;(E)to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g);(F)to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams;(G)to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F);(H)to determine the information to be disseminated by the VIS;(I)to determine the reports to be disseminated by the VIS; (J)to issue, not less frequently than annually, publicly available reports on—(i)VIS processes;(ii)the membership of the Governing Board;(iii)issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board;(iv)pipeline safety data and information that the VIS has requested for submission to the VIS; and(v)safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and(K)to perform such other functions that the Governing Board determines are—(i)necessary or appropriate; and (ii)consistent with the purpose of the VIS described in subsection (b)(3).(6)Decisionmaking(A)In generalDecisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B).(B)Supermajority describedA supermajority referred to in subparagraph (A) shall consist of not fewer than—(i)2⁄3 of the total members of the Governing Board; and(ii)1 additional member of the Governing Board.(e)Program manager(1)In generalThe Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS.(2)ResponsibilitiesThe Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager. (f)Third-Party Data Manager(1)In generalThe Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS.(2)QualificationsThe Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics.(3)ResponsibilitiesIn carrying out the services described in paragraph (1), the Third-Party Data Manager shall—(A)receive and secure pipeline safety data and information submitted to the VIS;(B)accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D);(C)de-identify, store, and manage pipeline safety data and information that is accepted by the VIS;(D)collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS;(E)prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and(F)make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate.(g)Issue Analysis Teams(1)In generalThe Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS.(2)QualificationsAn Issue Analysis Team established under paragraph (1) shall—(A)subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and(B)may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii).(3)ResponsibilitiesAn Issue Analysis Team shall—(A)work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and(B)submit internal reports and recommendations to the Governing Board on those issues and topics.(h)Application of FACAChapter 10 of title 5 (commonly referred to as the Federal Advisory Committee Act) shall not apply to—(1)the VIS;(2)the Governing Board; or(3)any Issue Analysis Team.(i)Participation in the VIS(1)In generalThe submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS.(2)RequirementThe VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS.(3)Encouraging information sharingThe Governing Board shall encourage the voluntary sharing of pipeline safety data and information among—(A)operators of gas transmission, gas distribution, and hazardous liquid pipelines;(B)employees of those operators;(C)labor unions representing those employees; (D)contractors of the operators described in subparagraph (A);(E)in-line inspection service providers;(F)non-destructive evaluation experts;(G)the Pipeline and Hazardous Materials Safety Administration; and(H)representatives of—(i)State pipeline safety agencies;(ii)relevant Tribal agencies;(iii)pipeline safety public interest groups;(iv)manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and(v)relevant research and academic institutions.(4)Limitation on inclusion of data and information in the VISPipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F).(5)Types of data and information included in the VISPipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include—(A)pipeline integrity risk analysis information;(B)lessons learned from accidents and near misses;(C)process improvements;(D)technology deployment practices;(E)information obtained through VIS pipeline safety surveys of pipeline operator employees, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator;(F)pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and(G)any other relevant data or information, as determined by the Governing Board.(j)Confidentiality(1)In generalTo facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS—(A)shall be kept confidential by the VIS; and(B)except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law. (2)ProhibitionExcept as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data.(3)Exception(A)In generalNotwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS.(B)ApprovalApproval to disclose de-identified nonpublic information under subparagraph (A)—(i)shall be based on an analysis of the de-identified nonpublic information; and (ii)may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety.(C)Public reportsIn issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board. (4)Savings provisionThis subsection does not apply to public information that may be submitted to the VIS.(k)Applicability of FOIA(1)ExemptionAny nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS and subsequently obtained by the Secretary or the Administrator from the VIS is exempt from the requirements of section 552 of title 5.(2)ApplicabilityFor purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5.(l)Exclusion of VIS information in litigation and other proceedings(1)Excluded evidenceExcept as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may not be obtained from the VIS—(A)for use as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or(B)to initiate any enforcement action or civil litigation against a pipeline operator or the employees or contractors of a pipeline operator relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter).(2)Exclusion from discoveryExcept as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS shall not be subject to discovery from the VIS in any Federal, State, local, Tribal, or private litigation or other proceeding.(3)Limitations on exclusionsThe exclusions described in paragraphs (1) and (2) shall not apply to data or information that—(A)is evidence of a criminal violation; (B)is not related to the purpose of the VIS described in subsection (b)(3);(C)is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations); (D)is required to be reported to a State authority under State pipeline safety laws; or (E)is developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation.(m)Effect on discoveryExcept as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section—(1)creates a defense to a discovery request; or (2)otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law.(n)Savings provisionNothing in this section affects any Federal, State, or local pipeline safety law.(o)Annual reportsEach fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS.(p)Funding(1)Sustainable fundingThe Secretary shall—(A)explore sustainable funding sources for the VIS, including public-private partnerships; and(B)to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources. (2)Limited additional fundingIn addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS.. (17)Nonpublic informationThe term nonpublic information means any pipeline safety data or information, regardless of form or format, that—(A)a company does not disclose, disseminate, or make available to the public; or (B)is not otherwise in the public domain.; and (21)Public informationThe term public information means any data or information, regardless of form or format, that—(A)a company discloses, disseminates, or makes available to the public; or (B)is otherwise in the public domain.. 60144. Voluntary information-sharing system..
Section 18
60144. Voluntary information-sharing system In this section: The term Administrator means the Administrator of the Pipeline and Hazardous Materials Safety Administration. The term Governing Board means the governing board established under subsection (d)(1). The term Issue Analysis Team means an Issue Analysis Team established under subsection (g)(1). The term Program Manager means the Program Manager described in subsection (e). The term Third-Party Data Manager means the Third-Party Data Manager appointed under subsection (f)(1). The term VIS means the voluntary information-sharing system established under subsection (b)(1). Not later than 1 year after the date of enactment of this section, the Secretary shall establish a confidential and nonpunitive voluntary information-sharing system to encourage the sharing of pipeline safety data and information in order to improve the safety of gas transmission pipelines, gas distribution pipelines, liquefied natural gas facilities, underground natural gas storage facilities, and hazardous liquid pipelines. The VIS shall be implemented and managed in accordance with the report entitled Pipeline Safety Voluntary Information-Sharing System Recommendation Report prepared under section 10 of the PIPES Act of 2016 (49 U.S.C. 60108 note; Public Law 114–183) by the Voluntary Information Sharing System Working Group convened under that section. The purpose of the VIS shall be to serve as a comprehensive and integrated system— to gather, evaluate, and quantify critical pipeline safety data and information; and to share recommended remediation measures and lessons learned across the pipeline industry in an efficient and confidential manner. The VIS shall be governed, in accordance with this section, by the Governing Board, with support from— the Program Manager; the Third-Party Data Manager; and 1 or more Issue Analysis Teams. Not later than 180 days after the date of enactment of this section, the Administrator, after consulting with public and private pipeline safety stakeholders, shall establish a governing board for the VIS. The Governing Board shall be composed of 15 members who shall represent a balanced cross-section of pipeline safety stakeholders, in accordance with subparagraphs (B) and (C). The Governing Board shall be composed of the following members: 5 individuals selected from relevant pipeline safety departments, agencies, or instrumentalities of the Federal Government or State or territorial governments, 1 of whom shall be the Administrator (or a designee of the Administrator). 5 individuals selected from the gas or hazardous liquid industries, such as individuals representing or otherwise associated with— operators; trade associations; inspection technology, coating, or cathodic protection vendors; standards development organizations; research and development consortia; or pipeline inspection organizations. 5 individuals selected from general public safety advocacy organizations with relevant pipeline safety expertise, including— pipeline safety and environmental public interest groups; public institutions of higher education with pipeline safety expertise; and nonprofit employee labor organizations. At least 1 member of the Governing Board appointed under subparagraph (B)(ii) shall be a representative of the pipeline industry. At least 1 member of the Governing Board appointed under subparagraph (B)(iii) shall be a representative of a pipeline safety public interest group. Except as provided in subparagraph (B), each member of the Governing Board shall be appointed for a term of 3 years. In appointing the initial members of the Governing Board, the Administrator shall appoint members to terms of 1, 2, or 3 years to ensure that each year thereafter— the terms of 5 members will expire; and the term of not less than 1 and not more than 2 members described in each of clauses (i) through (iii) of paragraph (2)(B) will expire. A member or former member of the Governing Board appointed under clause (i) or (ii) of paragraph (2)(B) may be reappointed, but may only serve for a total of 3 terms. The Governing Board shall be co-chaired by— the Administrator (or a designee of the Administrator); a representative of the pipeline industry appointed under paragraph (2)(B)(ii), who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board; and a representative of a pipeline safety public interest group, who shall be appointed co-chair by the Administrator, with the advice and consent of the Governing Board. The co-chairs shall be jointly responsible for organizing and conducting meetings of the Governing Board. The Governing Board shall have authority— to govern and provide strategic oversight of the VIS; to develop governance documents, including a charter for the Governing Board that shall— be made available to the public; and describe— the scope of the authority of the Governing Board; and the objectives of the Governing Board; to select and appoint the Third-Party Data Manager in accordance with subsection (f); to approve the criteria and procedures governing how the Third-Party Data Manager will receive and accept pipeline safety data and information; to establish, and appoint members of, Issue Analysis Teams in accordance with subsection (g); to collaborate with Issue Analysis Teams to identify issues and topics to be analyzed by the Issue Analysis Teams; to collaborate with Issue Analysis Teams to specify the type of pipeline safety data and information necessary for the Issue Analysis Teams to analyze the issues and topics identified under subparagraph (F); to determine the information to be disseminated by the VIS; to determine the reports to be disseminated by the VIS; to issue, not less frequently than annually, publicly available reports on— VIS processes; the membership of the Governing Board; issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board; pipeline safety data and information that the VIS has requested for submission to the VIS; and safety trends identified by the Administrator, Issue Analysis Teams, or the Governing Board; and to perform such other functions that the Governing Board determines are— necessary or appropriate; and consistent with the purpose of the VIS described in subsection (b)(3). Decisions and approvals of the Governing Board shall be made by a super-majority of the members, as described in subparagraph (B). A supermajority referred to in subparagraph (A) shall consist of not fewer than— 2⁄3 of the total members of the Governing Board; and 1 additional member of the Governing Board. The Administrator (or a designee of the Administrator) shall serve as the Program Manager for the VIS. The Program Manager shall provide the day-to-day program management and administrative support for the VIS, including oversight of the Third-Party Data Manager. The Governing Board shall appoint a Third-Party Data Manager to provide data management and data oversight services for the VIS. The Third-Party Data Manager shall have expertise in data protection, aggregation, and analytics. In carrying out the services described in paragraph (1), the Third-Party Data Manager shall— receive and secure pipeline safety data and information submitted to the VIS; accept pipeline safety data and information submitted to the VIS that meets the criteria and procedures approved by the Governing Board under subsection (d)(5)(D); de-identify, store, and manage pipeline safety data and information that is accepted by the VIS; collaborate with Issue Analysis Teams to analyze and aggregate pipeline safety data and information that is accepted by the VIS; prepare reports as requested by the Governing Board regarding the type of pipeline safety data and information that is managed by the VIS; and make recommendations to the Governing Board regarding the management of pipeline safety data and information by the VIS, as appropriate. The Governing Board shall establish, and appoint the members of, 1 or more Issue Analysis Teams as the Governing Board determines to be appropriate and relevant to the pipeline safety work of the VIS. An Issue Analysis Team established under paragraph (1) shall— subject to subparagraph (B), consist of pipeline safety technical and subject matter experts; and may include, as appropriate, representatives from public safety advocacy organizations described in subsection (d)(2)(B)(iii). An Issue Analysis Team shall— work with the Third-Party Data Manager to aggregate and analyze pipeline safety data and information submitted to the VIS relating to the issues and topics analyzed by the Issue Analysis Team; and submit internal reports and recommendations to the Governing Board on those issues and topics. Chapter 10 of title 5 (commonly referred to as the Federal Advisory Committee Act) shall not apply to— the VIS; the Governing Board; or any Issue Analysis Team. The submission of data and information to the VIS by any person shall be voluntary, with no person compelled to participate in, or to submit data or information to any person for inclusion in, the VIS. The VIS shall not accept data or information relating to an operator if the operator has not authorized the submission of that data or information for inclusion in the VIS. The Governing Board shall encourage the voluntary sharing of pipeline safety data and information among— operators of gas transmission, gas distribution, and hazardous liquid pipelines; employees of those operators; labor unions representing those employees; contractors of the operators described in subparagraph (A); in-line inspection service providers; non-destructive evaluation experts; the Pipeline and Hazardous Materials Safety Administration; and representatives of— State pipeline safety agencies; relevant Tribal agencies; pipeline safety public interest groups; manufacturers of gas transmission, gas distribution, and hazardous liquid pipeline infrastructure and equipment; and relevant research and academic institutions. Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) shall be related to the issues and topics identified by the Governing Board for analysis by an Issue Analysis Team under subsection (d)(5)(F). Pipeline safety data and information accepted by the Third-Party Data Manager for inclusion in the VIS under subsection (f)(3)(B) may include— pipeline integrity risk analysis information; lessons learned from accidents and near misses; process improvements; technology deployment practices; information obtained through VIS pipeline safety surveys of pipeline operator employees, subject to the condition that such surveys are voluntarily agreed to by the pipeline operator; pipeline safety data and information which may lead to the identification of pipeline safety risks, as specified by the Governing Board; and any other relevant data or information, as determined by the Governing Board. To facilitate the sharing of otherwise nonpublic pipeline safety data and information with the VIS, the data and information accepted, stored, managed, analyzed, or produced by the VIS— shall be kept confidential by the VIS; and except as otherwise provided in this section, is not subject to disclosure by the VIS under any other law. Except as provided in paragraph (3), no person, including the Program Manager, the Third-Party Data Manager, any member of the Governing Board, and any member of an Issue Analysis Team, and no Federal, State, local, or Tribal agency having or obtaining access to nonpublic information accepted, analyzed, stored, managed, or produced by the VIS may release or communicate that nonpublic information from the VIS, either in an identified or de-identified form, to any person who does not have the authority to view VIS data. Notwithstanding paragraphs (1) and (2) and subsections (k) and (l), on approval by the Governing Board under subparagraph (B), the Governing Board or the Administrator may disclose de-identified nonpublic information obtained by the VIS. Approval to disclose de-identified nonpublic information under subparagraph (A)— shall be based on an analysis of the de-identified nonpublic information; and may, in the sole discretion of the Governing Board, consist of any safety findings or recommendations that the Governing Board determines to publish or authorizes the Administrator to publish to improve pipeline safety. In issuing public reports under subsection (d)(5)(J), the Governing Board shall approve the disclosure of de-identified nonpublic information obtained by the VIS that the Governing Board determines is necessary to adequately describe and illustrate the issues and topics being investigated and analyzed by Issue Analysis Teams or the Governing Board. This subsection does not apply to public information that may be submitted to the VIS. Any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS and subsequently obtained by the Secretary or the Administrator from the VIS is exempt from the requirements of section 552 of title 5. For purposes of paragraph (1), this section shall be considered to be a statute described in section 552(b)(3)(B) of title 5. Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS may not be obtained from the VIS— for use as evidence for any purpose in any Federal, State, local, Tribal, or private litigation, including any action or proceeding; or to initiate any enforcement action or civil litigation against a pipeline operator or the employees or contractors of a pipeline operator relating to a probable violation under this chapter (including any regulation promulgated or order issued under this chapter). Except as provided in paragraph (3), any nonpublic information that is accepted, stored, managed, analyzed, or produced by the VIS shall not be subject to discovery from the VIS in any Federal, State, local, Tribal, or private litigation or other proceeding. The exclusions described in paragraphs (1) and (2) shall not apply to data or information that— is evidence of a criminal violation; is not related to the purpose of the VIS described in subsection (b)(3); is otherwise required to be reported to the Secretary under part 190, 191 (including information about an incident or accident), 192, 194, 195, or 199 of title 49, Code of Federal Regulations (or successor regulations); is required to be reported to a State authority under State pipeline safety laws; or is developed or obtained from a source other than the VIS, including through discovery from a person or an entity other than the VIS in an enforcement action or private litigation. Except as provided in subsection (l)(2), nothing in this section or any rule or regulation promulgated under this section— creates a defense to a discovery request; or otherwise limits or affects the discovery of pipeline safety data and information arising from a cause of action authorized under any other Federal, State, or local law. Nothing in this section affects any Federal, State, or local pipeline safety law. Each fiscal year, the Secretary shall submit to Congress, by the end of that fiscal year, a report on the status of the VIS. The Secretary shall— explore sustainable funding sources for the VIS, including public-private partnerships; and to the maximum extent practicable, sustainably fund the VIS through the use of those sustainable funding sources. In addition to the fees collected under section 60301, the Secretary may collect an additional $5,000,000 under that section for each of fiscal years 2024 through 2027 to establish, implement, and manage the VIS.
Section 19
213. Transporting gas Section 60101(a)(26) of title 49, United States Code (as redesignated by section 212(b)(1)), is amended— by striking the paragraph designation and all that follows through (A) means in subparagraph (A) and inserting the following: The term transporting gas means in subparagraph (A)(ii), by striking ; but and inserting a period; and by striking subparagraph (B) and inserting the following: The term transporting gas does not include— gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area; or the movement of gas by the owner or operator of a plant for use as a fuel, a feedstock, or for any other purpose that directly supports plant operations through— in-plant piping systems that are located entirely on the grounds of the plant; or transfer piping systems that extend less than 1 mile in length outside the grounds of the plant. (26)Transporting gas(A)In generalThe term transporting gas means; (B)ExclusionsThe term transporting gas does not include—(i)gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area; or(ii)the movement of gas by the owner or operator of a plant for use as a fuel, a feedstock, or for any other purpose that directly supports plant operations through—(I)in-plant piping systems that are located entirely on the grounds of the plant; or(II)transfer piping systems that extend less than 1 mile in length outside the grounds of the plant..
Section 20
214. Inspection and management of rights-of-way Section 60108 of title 49, United States Code, is amended by adding at the end the following: When requiring an operator to inspect the surface conditions on or adjacent to a pipeline right-of-way, the Secretary shall allow the use of unmanned aircraft systems and satellites. Nothing in this subsection affects any obligation to operate an unmanned aircraft system in accordance with all relevant Federal laws relating to the use of unmanned aircraft systems. Section 60108(a) of title 49, United States Code, is amended— in paragraph (1), by striking (1) Each and inserting the following: Each in paragraph (2)— by striking (2) If and inserting the following: If by indenting subparagraphs (A) through (E) appropriately; and in subparagraph (D), by indenting clauses (i) through (iii) appropriately; in paragraph (3), by indenting the paragraph, and each subparagraph within the paragraph, appropriately; and by adding at the end the following: As part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if the Secretary determines that the alternative method— achieves a level of safety at least equal to the level of safety required by the regulations promulgated under this chapter; and allows for timely emergency response. An operator considering implementing an alternative method described in subparagraph (A) may consider incorporating into the plan for implementing that method 1 or more conservation practices, including— integrated vegetation management practices, including reduced mowing; the development of habitat and forage for pollinators and other wildlife through seeding or planting of diverse native forbs and grasses; practices relating to maintenance strategies that promote early successional vegetation or limit disturbance during periods of highest use by target pollinator species and other wildlife on pipeline or facility rights-of-way, including— increasing mowing height; reducing mowing frequency; and refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; an integrated vegetation management plan that may include approaches such as mechanical tree and brush removal and targeted and judicious use of herbicides and mowing to address incompatible or undesirable vegetation while promoting compatible and beneficial vegetation on pipeline and facility rights-of-way; planting or seeding of deeply rooted, regionally appropriate perennial grasses and wildflowers, including milkweed, to enhance habitat; removing shallow-rooted grasses from planting and seeding mixes, except for use as nurse or cover crops; and obtaining expert training or assistance on wildlife- and pollinator-friendly practices, including— native plant identification; establishment and management of regionally appropriate native plants; land management practices; and integrated vegetation management. In developing alternative methods under this paragraph, an operator shall consult any available guidance issued by— the Secretary; or an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105. In the absence of guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement alternative methods under this paragraph. An operator using an alternative method under this paragraph shall ensure that the alternative inspection plans of the operator continue to ensure that the operator can identify risks to pipeline facilities. Nothing in this paragraph exempts an operator from compliance with any applicable requirements under this chapter (including any regulations promulgated under this chapter). 3 years after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate a review of a representative sample of the inspection and maintenance plans of operators that have utilized alternative methods of maintaining rights-of-way under section 60108(a)(4) of title 49, United States Code, to determine— whether reduced mowing has limited the ability of pipeline operators to assess risks to pipeline facilities; with respect to any incidents that have occurred on the relevant pipeline facilities, whether reduced mowing hindered— the ability of operators to identify a risk that was related to the incident; or the ability for operators and emergency responders to respond to an incident; and whether the alternative methods of maintaining rights-of-way have impacted pipeline safety. Section 60108(e) of title 49, United States Code, is amended, in the subsection heading, by striking In general and inserting Post-inspection briefing and preliminary findings. (f)Inspection of rights-of-Way(1)In generalWhen requiring an operator to inspect the surface conditions on or adjacent to a pipeline right-of-way, the Secretary shall allow the use of unmanned aircraft systems and satellites.(2)Savings provisionNothing in this subsection affects any obligation to operate an unmanned aircraft system in accordance with all relevant Federal laws relating to the use of unmanned aircraft systems.. (1)In generalEach; (2)RevisionIf; (4)Alternative methods of maintaining rights-of-way(A)In generalAs part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if the Secretary determines that the alternative method—(i)achieves a level of safety at least equal to the level of safety required by the regulations promulgated under this chapter; and(ii)allows for timely emergency response.(B)PurposeAn operator considering implementing an alternative method described in subparagraph (A) may consider incorporating into the plan for implementing that method 1 or more conservation practices, including—(i)integrated vegetation management practices, including reduced mowing;(ii)the development of habitat and forage for pollinators and other wildlife through seeding or planting of diverse native forbs and grasses;(iii)practices relating to maintenance strategies that promote early successional vegetation or limit disturbance during periods of highest use by target pollinator species and other wildlife on pipeline or facility rights-of-way, including—(I)increasing mowing height;(II)reducing mowing frequency; and(III)refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present;(iv)an integrated vegetation management plan that may include approaches such as mechanical tree and brush removal and targeted and judicious use of herbicides and mowing to address incompatible or undesirable vegetation while promoting compatible and beneficial vegetation on pipeline and facility rights-of-way;(v)planting or seeding of deeply rooted, regionally appropriate perennial grasses and wildflowers, including milkweed, to enhance habitat;(vi)removing shallow-rooted grasses from planting and seeding mixes, except for use as nurse or cover crops; and(vii)obtaining expert training or assistance on wildlife- and pollinator-friendly practices, including—(I)native plant identification;(II)establishment and management of regionally appropriate native plants;(III)land management practices; and(IV)integrated vegetation management.(C)Consultation(i)Available guidanceIn developing alternative methods under this paragraph, an operator shall consult any available guidance issued by—(I)the Secretary; or(II)an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105.(ii)Leading industry practicesIn the absence of guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement alternative methods under this paragraph.(D)RequirementsAn operator using an alternative method under this paragraph shall ensure that the alternative inspection plans of the operator continue to ensure that the operator can identify risks to pipeline facilities.(E)Savings provisionNothing in this paragraph exempts an operator from compliance with any applicable requirements under this chapter (including any regulations promulgated under this chapter)..
Section 21
215. Geological hazards Section 60108(a)(2)(D) of title 49, United States Code (as amended by section 214(b)(2)), is amended— in clause (ii), by striking and at the end; and by adding at the end the following: mitigation of threats posed by geological hazards; and Not later than 2 years after the date of enactment of this Act, the Administrator shall prepare a report that— identifies geological hazards that may cause a pipeline to move or be affected by abnormal external loads, including landslides, volcanic activity, earthquakes, and scouring; evaluates any industry consensus standards or best practices relating to hazards described in subparagraph (A); evaluates existing Federal requirements for pipeline facility design, construction, operations, maintenance, and integrity that relate to mitigation of geological hazards; and makes recommendations to improve geological hazard mitigation based on the findings of the report. On completion of the report under paragraph (1), the Administrator shall submit the report to the Secretary and the appropriate committees of Congress. Not later than 1 year after completion of the report under subsection (b)(1), the Secretary shall review, and may update, as appropriate, existing regulations and policy guidance that addresses the safety of gas, hazardous liquid, and carbon dioxide pipeline facilities to include consideration of threats posed by geological hazards. (iv)mitigation of threats posed by geological hazards; and.
Section 22
216. Alternative technologies Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall— issue a request for proposals to identify potential alternative technologies that, if used by operators, will meet the intent of an existing pipeline safety regulation and provide an equal or greater level of pipeline safety; and allow the public the opportunity to comment on those proposals. If the Secretary determines that a technology that is commercially available would meet the intent of an existing pipeline safety regulation and provide an equal or greater level of pipeline safety, the Administrator may issue a notice of proposed rulemaking to update the relevant regulations to allow operators to adopt the use of such technology.
Section 23
217. Fire shutoff valves Section 60110 of title 49, United States Code, is amended by adding at the end the following: In this subsection: The term equivalent technology means any technology that— is not an excess flow valve; and meets the performance standard of shutting off gas on a service line of a distribution system to a dwelling or other building in the event of a fire. The term fire-first ignition means an occurrence in which a fire originating from a foreign source causes a natural gas system to fail, release, or ignite. The term fire safety valve means— a fire shutoff valve; and any equivalent technology. The term fire shutoff valve means a spring-loaded plug that is held in place by a fusible link that— is made of a low-melting-point alloy; is attached to a gas source; and melts when exposed to fire, causing the spring-loaded plug to close, shutting off the gas to a dwelling or other building connected to a service line of a distribution system. Not later than 2 years after the date of enactment of this subsection, the Secretary shall complete a study on the effectiveness of fire safety valves in order to determine the ability of fire safety valves to improve public safety through mitigation of secondary ignitions, such as fire-first ignitions. The study under subparagraph (A) shall evaluate— various scenarios and applications for deploying fire safety valves; the current incidence of fire-first ignition of natural gas distribution pipelines; anticipated reduction of fire-first ignition risk under various fire safety valve deployment scenarios, including— lowering the likelihood of gas ignition; and lowering the impact and damage of fire-first ignition incidents; the long-term durability, construction, and effectiveness of fire safety valves; and the commercial availability of fire safety valves for the pipeline industry. After completing the study described in paragraph (2), the Secretary may prescribe risk-based standards on the circumstances under which an operator of a natural gas distribution system shall be required to install fire shutoff valves or equivalent technologies in the system. (f)Fire shutoff valves or equivalent technology(1)DefinitionsIn this subsection:(A)Equivalent technologyThe term equivalent technology means any technology that—(i)is not an excess flow valve; and(ii)meets the performance standard of shutting off gas on a service line of a distribution system to a dwelling or other building in the event of a fire.(B)Fire-first ignitionThe term fire-first ignition means an occurrence in which a fire originating from a foreign source causes a natural gas system to fail, release, or ignite.(C)Fire safety valveThe term fire safety valve means—(i)a fire shutoff valve; and(ii)any equivalent technology.(D)Fire shutoff valveThe term fire shutoff valve means a spring-loaded plug that is held in place by a fusible link that—(i)is made of a low-melting-point alloy;(ii)is attached to a gas source; and(iii)melts when exposed to fire, causing the spring-loaded plug to close, shutting off the gas to a dwelling or other building connected to a service line of a distribution system.(2)Study(A)In generalNot later than 2 years after the date of enactment of this subsection, the Secretary shall complete a study on the effectiveness of fire safety valves in order to determine the ability of fire safety valves to improve public safety through mitigation of secondary ignitions, such as fire-first ignitions.(B)RequirementsThe study under subparagraph (A) shall evaluate—(i)various scenarios and applications for deploying fire safety valves;(ii)the current incidence of fire-first ignition of natural gas distribution pipelines;(iii)anticipated reduction of fire-first ignition risk under various fire safety valve deployment scenarios, including—(I)lowering the likelihood of gas ignition; and(II)lowering the impact and damage of fire-first ignition incidents;(iv)the long-term durability, construction, and effectiveness of fire safety valves; and(v)the commercial availability of fire safety valves for the pipeline industry.(3)RulemakingAfter completing the study described in paragraph (2), the Secretary may prescribe risk-based standards on the circumstances under which an operator of a natural gas distribution system shall be required to install fire shutoff valves or equivalent technologies in the system..
Section 24
218. Exemption from post-accident testing Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall update the regulations of the Administration to provide that a covered employee (as defined in section 199.3 of title 49, Code of Federal Regulations (or a successor regulation)) whose previous performance of a covered function (as defined in that section (or a successor regulation)) takes place outside of the time frame during which the use of prohibited drugs or alcohol can be detected by post-accident testing under section 199.105(b) or 199.225(a), as applicable, of that title (or successor regulations)) is exempt from such post-accident testing.
Section 25
219. Maximum allowable operating pressure records Until the report required under subsection (b)(1) and the rulemaking required under subsection (c) (if determined necessary by the Secretary) are completed, the Secretary shall not require an owner or operator of a pipeline facility to reconfirm the maximum allowable operating pressure of a natural gas transmission pipeline pursuant to section 192.624 of title 49, Code of Federal Regulations (or a successor regulation), if the owner or operator confirms the material strength of the pipeline through prior testing conducted to a sufficient minimum pressure in accordance with prevailing safety standards and practices, including any applicable class location factors, and documented in contemporaneous records. The Secretary shall direct the existing maximum allowable operating pressure working group of the Administration (referred to in this subsection as the working group) to continue producing a report containing recommendations on the contemporaneous records that are sufficient to confirm the material strength of a natural gas transmission pipeline through prior testing. For purposes of carrying out paragraph (1), the working group shall be composed of the members of the working group as of January 1, 2025. In preparing the report required under paragraph (1), the working group— shall consider historical practices and all available research conducted regarding minimum pressure and contemporaneous records on transmission pipelines; may consider the need for any additional research or analyses necessary to demonstrate the adequacy of any strength testing performed; and shall consider the investigation, report, and recommendations of the National Transportation Safety Board following the San Bruno pipeline explosion. Not later than 180 days after the date of enactment of this Act, the working group shall submit to the Secretary and the appropriate committees of Congress the report produced under paragraph (1), including any minority views. Not later than 1 year after receiving the report described in subsection (b)(1), if the Secretary determines necessary, the Secretary, after providing notice and opportunity for comment, shall promulgate standards revising the requirements addressing the records necessary to confirm the maximum allowable operating pressure of a natural gas transmission pipeline segment. The rulemaking under paragraph (1) shall not delay the date by which pipeline operators must comply with maximum allowable operating pressure reconfirmation regulations with respect to their natural gas transmission pipeline segments under section 192.624 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Section 26
220. Pipeline operating status Section 60143(b) of title 49, United States Code, is amended by striking paragraph (1) and inserting the following: Not later than 90 days after the date of enactment of the PIPELINE Safety Act of 2025, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to— idled natural gas transmission pipelines; idled other gas transmission pipelines; and idled hazardous liquid pipelines. (1)In generalNot later than 90 days after the date of enactment of the PIPELINE Safety Act of 2025, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to—(A)idled natural gas transmission pipelines;(B)idled other gas transmission pipelines; and(C)idled hazardous liquid pipelines..
Section 27
221. Potential impact radius In this section, the term potential impact radius means the area within which the potential failure of a pipeline could have significant impact on persons or property, including injury or death. Not later than 3 years after the date of enactment of this Act, the Secretary shall review— the methodology, including any formulas, used by the Administration to determine a potential impact radius for onshore gas transmission pipelines; and any applicable recommendations, including any pipeline safety recommendations submitted to the Secretary or Congress by the National Transportation Safety Board or the Government Accountability Office. Not later than 180 days after completion of the review under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report detailing the findings of the review. The report under subparagraph (A) shall evaluate whether the methodology reviewed under paragraph (1)(A) accounts for— available human response data; accident data relating to recent pipeline incidents since January 1, 2000; the risk of serious injury or death, or property damage, from a pipeline incident; and the unique characteristics of the types of gas being transported. Beginning not later than 1 year after the date of enactment of this Act, any Pipeline Failure Investigation reports prepared by the Accident Investigation Division of the Administration for accidents involving onshore gas transmission pipelines shall identify the location and distance from the pipeline of damage, including injuries and property damage, outside of the potential impact radius determined for the pipeline.
Section 28
222. Effects of weather on natural gas pipelines In this section: The term applicable weather event means a relevant weather-related event described in the definition of the term major disaster in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) that has the potential to impact the safety of a natural gas pipeline facility. The term natural gas pipeline facility means— a natural gas pipeline; and any related pipeline facility, equipment, or infrastructure. Not later than 1 year after the date of enactment of this Act, the Secretary shall— complete a review of the effects of applicable weather events on natural gas pipeline facilities to determine whether applicable weather events pose a risk to safety during and after the applicable weather event; and submit to the appropriate committees of Congress a report on the results of that review.
Section 29
223. Aldyl–A pipelines Not later than 3 years after the date of enactment of this Act, each owner or operator of a gas distribution pipeline facility shall assess its system for the presence of Aldyl–A polyethylene. The Secretary shall not require owners and operators of gas distribution pipeline facilities to conduct excavation activities for the purpose of the assessment required under subsection (a). Nothing in this subsection affects the authority of the Secretary under— section 60112 of title 49, United States Code; or subsection (m) or (p) of section 60117 of that title. Not later than 3 years after the date of enactment of this Act, each owner or operator of a pipeline facility described in subsection (a) shall submit to the Secretary the estimated total pipeline mileage identified by the owner or operator as Aldyl–A polyethylene piping. Section 60105(b)(9)(A) of title 49, United States Code, is amended by striking of cast iron and bare steel pipelines and inserting the following: “of— cast iron and bare steel pipelines; and pipelines constructed of historic plastics with known safety issues Section 60109(e)(7)(A)(i) of title 49, United States Code, is amended by striking presence of cast iron pipes and mains in the distribution system; and and inserting the following: “presence, in the distribution system, of pipes and mains made of— cast iron; unprotected steel; wrought iron; or historic plastics with known safety issues; and (i)cast iron and bare steel pipelines; and(ii)pipelines constructed of historic plastics with known safety issues. (I)cast iron;(II)unprotected steel;(III)wrought iron; or(IV)historic plastics with known safety issues; and.
Section 30
224. Improvements to pipeline safety integrity management programs The Secretary shall conduct research into the use of quantitative data and modeling to assess whether the use of such data or modeling in the integrity management programs of operators would improve the estimation of costs and benefits of risk reduction measures.
Section 31
301. Regulatory updates Section 106 of the PIPES Act of 2020 (Public Law 116–260; 134 Stat. 2220) is amended— in subsection (a)— in paragraph (1)— by striking a final and inserting A final; and by striking that has not been published in the Federal Register; and inserting a period; in paragraph (2)— by striking a final and inserting A final; and by striking that has not been published in the Federal Register; and and inserting a period; in paragraph (3)— by striking any other and inserting Any other; and by striking that has not been published in the Federal Register; by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; by adding at the end the following: A final rule required to be issued under the PIPELINE Safety Act of 2025. in the matter preceding subparagraph (A) (as so redesignated), by striking In this section, the term outstanding mandate means— and inserting the following: In this section, the term outstanding mandate means a final rule described in paragraph (2) that— is required to be issued by the Secretary (including any subordinate of the Secretary); and has not been published in the Federal Register. A final rule referred to in paragraph (1) is any of the following: in subsection (b)(1), by striking referred to in paragraphs (1) through (3) of subsection (a) is published in the Federal Register and inserting described in subsection (a)(2) is published in the Federal Register with respect to the applicable outstanding mandate; and by adding at the end the following: If the Secretary fails to update the website as required under subsection (b)(1), an appropriate employee of the Administration shall provide an in-person briefing to the relevant committees of Congress every 30 days until the requirements of that subsection are met. Annually, the Administrator shall offer to provide a briefing, by the Administrator or a designee, to the relevant committees of Congress on the status of outstanding mandates. If a requirement of subsection (b) is not met for over 90 days, no funds authorized or appropriated may be used to support travel for the Administrator or the Deputy Administrator of the Administration, unless necessary for the response to or investigation of a pipeline or hazardous materials incident. If the Secretary does not complete a requirement described in paragraph (2) by the deadline established by statute for the completion of that requirement, the Administrator shall brief the appropriate committees of Congress in person on the status of the requirement— not later than 7 days after the applicable deadline; and every 90 days thereafter until the Secretary completes the requirement. A requirement referred to in paragraph (1) is any of the following: The rulemaking required under section 60143(b)(1) of title 49, United States Code, relating to idled pipelines. The issuance of a final rule under section 601 with respect to the final regulations required under section 60102(q)(1) of title 49, United States Code, relating to gas pipeline leak detection and repair programs. (D)A final rule required to be issued under the PIPELINE Safety Act of 2025.; and (1)In generalIn this section, the term outstanding mandate means a final rule described in paragraph (2) that—(A)is required to be issued by the Secretary (including any subordinate of the Secretary); and(B)has not been published in the Federal Register.(2)Final rule describedA final rule referred to in paragraph (1) is any of the following:; (d)Required briefingIf the Secretary fails to update the website as required under subsection (b)(1), an appropriate employee of the Administration shall provide an in-person briefing to the relevant committees of Congress every 30 days until the requirements of that subsection are met.(e)Optional briefingAnnually, the Administrator shall offer to provide a briefing, by the Administrator or a designee, to the relevant committees of Congress on the status of outstanding mandates.(f)Restriction of fundsIf a requirement of subsection (b) is not met for over 90 days, no funds authorized or appropriated may be used to support travel for the Administrator or the Deputy Administrator of the Administration, unless necessary for the response to or investigation of a pipeline or hazardous materials incident..
Section 32
302. State use of integrated inspections Section 60105 of title 49, United States Code, is amended by adding at the end the following: In this subsection: The term appropriate committees of Congress has the meaning given the term in section 2 of the PIPELINE Safety Act of 2025. The term Inspector General means the Inspector General of the Department of Transportation. The term risk-based integrated inspection program means an inspection program that uses risk information and data to focus inspection resources on pipeline facilities and regulatory requirements that have the highest priority during an inspection. Subject to all other applicable provisions of this section, with the written agreement of the Secretary and a State authority certified under this section, which may be in the form of a memorandum of understanding, the Secretary may authorize, and the State authority may carry out, a risk-based integrated inspection program. A State authority that is authorized to carry out a risk-based integrated inspection program— shall be subject to the same procedural and substantive requirements that would apply if the Secretary were carrying out the program; and shall ensure— that no pipeline system goes without inspection for more than 5 years; and that unsatisfactory conditions found in inspections are addressed in a timely manner. Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish procedures and criteria for State authorities to apply to carry out a risk-based integrated inspection program pursuant to this subsection. Not later than 1 year after receiving an application from a State authority to carry out a risk-based integrated inspection program under this subsection, the Secretary shall— review the application; and approve or deny the application. If the Secretary denies an application submitted by a State authority under this subsection, the Secretary shall provide an explanation to the State authority of— why the Secretary denied the application; and changes that the State authority could make to the application that would result in the Secretary approving the application. The Secretary shall establish a process to review the implementation of a risk-based integrated inspection program by a State authority. The Inspector General shall— review each risk-based integrated inspection program authorized by the Secretary under this subsection not later than 3 years after the date on which the relevant application is approved to determine whether the program meets the needs of pipeline safety; and submit to the Secretary and the appropriate committees of Congress a report on that review. If the Inspector General determines that a risk-based integrated inspection program is not adequate and should be terminated, the Inspector General shall notify the Secretary and the appropriate committees of Congress. The Secretary may terminate an authorization for a State authority to carry out a risk-based integrated inspection program if— the Secretary determines that the State authority is not adequately carrying out the program; the Secretary provides to the State authority— a notification of the intent of the Secretary to terminate the authorization for the State authority to carry out a risk-based integrated inspection program; a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the requirements of this section; and on request of the State authority, a detailed description of the aspects of the program that are inadequate; and the State authority, after the notification described in clause (ii)(I), fails to take satisfactory corrective action in accordance with clause (ii)(II) before the expiration of the period provided under that clause. A State authority may terminate its authority to carry out a risk-based integrated inspection program at any time by providing to the Secretary a notice not later than 90 days before the date of termination. (g)State use of integrated inspections(1)DefinitionsIn this subsection:(A)Appropriate committees of congressThe term appropriate committees of Congress has the meaning given the term in section 2 of the PIPELINE Safety Act of 2025.(B)Inspector GeneralThe term Inspector General means the Inspector General of the Department of Transportation.(C)Risk-based integrated inspection programThe term risk-based integrated inspection program means an inspection program that uses risk information and data to focus inspection resources on pipeline facilities and regulatory requirements that have the highest priority during an inspection.(2)AuthorizationSubject to all other applicable provisions of this section, with the written agreement of the Secretary and a State authority certified under this section, which may be in the form of a memorandum of understanding, the Secretary may authorize, and the State authority may carry out, a risk-based integrated inspection program.(3)Procedural and substantive requirementsA State authority that is authorized to carry out a risk-based integrated inspection program—(A)shall be subject to the same procedural and substantive requirements that would apply if the Secretary were carrying out the program; and(B)shall ensure—(i)that no pipeline system goes without inspection for more than 5 years; and (ii)that unsatisfactory conditions found in inspections are addressed in a timely manner.(4)Application and criteriaNot later than 1 year after the date of enactment of this subsection, the Secretary shall establish procedures and criteria for State authorities to apply to carry out a risk-based integrated inspection program pursuant to this subsection.(5)Evaluation timeline(A)In generalNot later than 1 year after receiving an application from a State authority to carry out a risk-based integrated inspection program under this subsection, the Secretary shall—(i)review the application; and(ii)approve or deny the application.(B)Explanation of denialIf the Secretary denies an application submitted by a State authority under this subsection, the Secretary shall provide an explanation to the State authority of—(i)why the Secretary denied the application; and(ii)changes that the State authority could make to the application that would result in the Secretary approving the application.(6)Review of programs(A)In generalThe Secretary shall establish a process to review the implementation of a risk-based integrated inspection program by a State authority.(B)Review by Inspector General(i)In generalThe Inspector General shall—(I)review each risk-based integrated inspection program authorized by the Secretary under this subsection not later than 3 years after the date on which the relevant application is approved to determine whether the program meets the needs of pipeline safety; and(II)submit to the Secretary and the appropriate committees of Congress a report on that review.(ii)RequirementIf the Inspector General determines that a risk-based integrated inspection program is not adequate and should be terminated, the Inspector General shall notify the Secretary and the appropriate committees of Congress.(7)Termination(A)Termination by the secretaryThe Secretary may terminate an authorization for a State authority to carry out a risk-based integrated inspection program if—(i)the Secretary determines that the State authority is not adequately carrying out the program;(ii)the Secretary provides to the State authority—(I)a notification of the intent of the Secretary to terminate the authorization for the State authority to carry out a risk-based integrated inspection program;(II)a period of not less than 120 days to take such corrective action as the Secretary determines to be necessary to comply with the requirements of this section; and(III)on request of the State authority, a detailed description of the aspects of the program that are inadequate; and(iii)the State authority, after the notification described in clause (ii)(I), fails to take satisfactory corrective action in accordance with clause (ii)(II) before the expiration of the period provided under that clause.(B)Termination by a state authorityA State authority may terminate its authority to carry out a risk-based integrated inspection program at any time by providing to the Secretary a notice not later than 90 days before the date of termination..
Section 33
303. Optimizing pipeline safety inspections In this section: The term office means a regional office, district office, and any other office of the Administration serving a particular region. The term region means a region for which a regional office of the Administration has been established. The term State partners means the State authorities described in subparagraphs (B) and (C) of subsection (b)(1). The Comptroller General of the United States shall conduct a study to evaluate enforcement actions and the inspection scheduling and coordination practices and procedures used by— the Administration; State authorities certified under section 60105 of title 49, United States Code; and State authorities with which the Secretary has made an agreement under section 60106(a) of that title. The study under paragraph (1) shall— identify ways in which the Administration and States may coordinate with each other for more effective inspections and enforcement; evaluate the extent of any— substantive overlap of inspections carried out by the Administration and the State partners, such that the Administration and the State partners are inspecting the same operator programs and procedures multiple times in the same annual or biennial period; substantive overlap of inspections carried out by offices in different regions, such that offices in multiple regions are inspecting the same operator programs and procedures multiple times in the same annual or biennial period; coordination among offices in different regions on inspection findings relating to an operator before the Administration decides to take any enforcement or other action against that operator; coordination among offices in different regions and between the Administration and State partners on the scheduling and scoping of inspections of operators to avoid substantive overlaps; resolution processes for operators in cases in which offices in different regions, or the Administration and State partners, take different interpretive positions on the same compliance issue or operator program; and opportunities— to reduce substantive unnecessary overlaps (in the process of which the Comptroller General of the United States shall identify and describe any overlaps that the Comptroller the believes are necessary); to avoid inconsistent interpretations— by offices in different regions; and between the Administration and State partners; to optimize inspection scheduling and coordination; and to improve compliance with Federal pipeline safety laws; and review the Federal enforcement process for its ability to fairly ensure compliance with Federal pipeline safety laws. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study conducted under subsection (b), which shall include recommendations that the Administrator could adopt to better coordinate inspection practices and procedures with State partners, and between State partners, to address deficiencies identified under subsection (b)(2)— without compromising pipeline safety; and while improving the enforcement process. Not later than June 1 of each year beginning after the date of enactment of this Act, the Administrator shall make available to the public in an electronically accessible format a summary of Federal and State pipeline inspections conducted under direct or delegated authority under title 49, United States Code, during the previous calendar year, including— the date of the inspection; the name of the pipeline owner or operator; the pipeline system or segment inspected; the 1 or more regions of the Administration in which the inspected system or segment operates; the 1 or more States in which the inspected system or segment operates; any violations or proposed violations alleged as a result of the inspection; and any enforcement actions taken.
Section 34
304. Sense of Congress on PHMSA engagement prior to rulemaking activities It is the sense of Congress that, if the Secretary determines it to be appropriate, the Secretary should engage with pipeline stakeholder groups, including State pipeline safety programs with an approved certification under section 60105 of title 49, United States Code, and the public during predrafting stages of rulemaking activities— to inform the work of the Secretary in carrying out the goals of chapter 601 of title 49, United States Code; and to reduce the timeline for issuance of proposed and final rules.
Section 35
401. Studies of hydrogen pipeline transportation The Secretary shall enter into an agreement with a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))— to conduct a study of the safety, technical, and practical considerations relating to the blending of hydrogen into existing natural gas systems; to issue a report on the results of that study, in accordance with paragraph (2); and to make recommendations to the Secretary for how to avoid or minimize any risks identified under paragraph (2)(C). In conducting the study under paragraph (1), the following factors shall be taken into consideration: Systems that utilize a hydrogen content above 5 percent to determine if there are additional restrictions or requirements for the processes, materials, and standards that the operators of those systems have implemented to operate those systems safely. Remaining knowledge gaps, if any, relating to safely moving hydrogen-methane blends through existing natural gas distribution systems. Safety risks, if any, of hydrogen-methane blends composed of over 5 percent hydrogen in existing natural gas distribution systems, including— leak rates of hydrogen-methane blends; the performance of hydrogen-methane blends in existing residential, commercial, and industrial infrastructure; and underground migration of leaked hydrogen-methane blends. Any relevant findings or recommendations of— the HyBlend research and development initiative commenced by the Department of Energy in 2021 for the purpose of addressing opportunities for hydrogen blending in natural gas pipelines; and the study on hydrogen blending commissioned by the California Public Utilities Commission and carried out by the University of California, Riverside, entitled Hydrogen Blending Impacts Study. The Secretary shall submit to the appropriate committees of Congress the report prepared under paragraph (1)(B). Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on existing natural gas distribution systems that utilize hydrogen-natural gas blending applications, or utilize gas with a higher hydrogen content, to identify processes, materials, and standards that operators have implemented to operate those systems safely. The study conducted under paragraph (1) shall include an examination of natural gas distribution systems currently operating in— the United States; Canada; Europe; Australia; Hong Kong; and any other appropriate location, as determined by the Comptroller General of the United States. In conducting the study under paragraph (1), the Comptroller General of the United States shall consider systems that utilize a hydrogen content above 5 percent to determine if there are additional restrictions or requirements for the processes, materials, and standards that the operators of those systems have implemented to operate those systems safely. Not later than 1 year after completion of the studies under subsections (a) and (b), the Secretary shall determine whether any updates to regulations are necessary to ensure the safety of natural gas distribution systems intentionally blending hydrogen at levels exceeding 5 percent. If the Secretary determines that updates to regulations are not necessary, the Secretary shall submit to the appropriate committees of Congress a report that describes the reasons for that determination. Nothing in this section— authorizes the removal of the exemption for certain hydrogen pipelines described in section 192.625(b)(4) of title 49, Code of Federal Regulations (as in effect on October 1, 2023); or affects— the authority of the Secretary under— section 60112 of title 49, United States Code; or subsection (m) or (p) of section 60117 of that title; or the authority of the Secretary to prescribe standards otherwise affecting the transportation of hydrogen by pipelines.
Section 36
402. Safety of carbon dioxide pipelines Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule pursuant to the rulemaking proceeding with Regulation Identifier Number 2137–AF60 after providing an opportunity for comment to ensure the safety of all phases of carbon dioxide transported in pipelines, including carbon dioxide in gaseous, liquid, and supercritical states. Any standard adopted by the final rule required under paragraph (1) shall— include appropriate requirements addressing updates to emergency response plans to address any risks unique to carbon dioxide pipeline accidents or incidents; include minimum safety standards applicable to each operator of a pipeline facility by which carbon dioxide is transported, including performing vapor dispersion modeling to identify high consequence areas that could be affected by a release from such a pipeline facility; clarify that carbon dioxide shall not be used as a testing medium for spike hydrostatic pressure testing; and require carbon dioxide pipeline operators to provide information to State, local, and Tribal emergency response organizations (in each jurisdiction in which a carbon dioxide pipeline facility of the operator is located) on any risks unique to carbon dioxide pipeline accidents or incidents, including by making relevant portions of emergency response plans available to first responders on request. Vapor dispersion modeling under subparagraph (A)(ii) shall consider— the topography surrounding the pipeline facility; atmospheric conditions that could affect vapor dispersion; and pipeline facility operating characteristics. Any standard adopted by the final rule required under paragraph (1) shall consider— conversion of service standards; and safety-related condition reporting and leak reporting appropriate to any unique safety risks associated with carbon dioxide. Completion of the rulemaking required under subsection (a) shall satisfy the rulemaking requirement under section 60102(i)(2) of title 49, United States Code. The Secretary shall enter into an agreement with a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) to study the feasibility of adding odorant to carbon dioxide pipelines. Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the feasibility of adding odorant to carbon dioxide pipelines. The Secretary shall make available, on request, to relevant emergency responders information that is tailored specifically to carbon dioxide pipeline releases, including information on the potential impact area and any relevant odorants.
Section 37
403. Reporting of blended products All operators of natural gas pipelines shall report to the Secretary non-predominant products intentionally blended and intended to exceed, at any point in time, 2 percent by volume of the product transported by the pipeline. Reports under subsection (a) shall be required not more frequently than annually.
Section 38
501. Bitumen oil response plan review Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall review— the findings of the study required under section 16 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90; 125 Stat. 1915); and the emergency response plans required under section 60102(d)(5) of title 49, United States Code, for operators transporting diluted bitumen oil. The review under subsection (a) shall determine the extent to which the response plans required under section 60102(d)(5) of title 49, United States Code— identify, using industry-standard names, all of the crude oils transported by the operator, including diluted bitumen; include safety data sheets for each of the crude oils identified in the response plan; describe the geographic areas most sensitive to the effects of a diluted bitumen spill, including the water bodies potentially at risk; describe the response activities planned and resources available to mitigate the impacts of spills of diluted bitumen, if applicable, including the capabilities of the operator for detection, containment, and recovery of submerged and sunken oil; specify the procedures by which the operator shall provide to the applicable On-Scene Coordinator (as defined in section 194.5 of title 49, Code of Federal Regulations (or a successor regulation)) or an equivalent State official relevant response information; and include all spill-relevant properties and considerations with respect to each crude oil transported by the operator and identified in the response plan in accordance with paragraph (1). Not later than 180 days after completing the review under subsection (a), the Inspector General of the Department of Transportation shall submit to the appropriate committees of Congress a report that summarizes the findings of that review and contains any recommendations of the Inspector General.
Section 39
502. National Center of Excellence for Hazardous Liquid Pipeline Leak Detection After submitting the report under subsection (c) to the committees of Congress described in that subsection, and subject to the availability of funds appropriated by Congress for the applicable purpose, the Secretary, in consultation with hazardous liquid pipeline sector stakeholders, may establish a center, to be known as the National Center of Excellence for Hazardous Liquid Pipeline Leak Detection (referred to in this section as the Center of Excellence). The Center of Excellence shall be located— within the Great Lakes Basin; in a State that hosts an international mixed-use pipeline that transports crude oil and natural gas liquids where the pipeline crosses through the Great Lakes; and in close proximity to an institution of higher education with adequate capabilities, experience, and expertise in researching and evaluating pipeline safety, including pipeline risk analyses. Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Appropriations of the House of Representatives a report that describes— the resources necessary to establish the Center of Excellence; and the manner in which the Center of Excellence will carry out the functions described in subsection (d). The report under paragraph (1) shall include an estimate of all potential costs and appropriations necessary to carry out the functions described in subsection (d). The Center of Excellence shall— review the availability of leak detection technology for hazardous liquid pipelines that can detect leaks at very low volumes; conduct research into the operational, economic, and technical feasibility of incorporating technologies reviewed under paragraph (1) into pipeline systems; be a repository of information on best practices relating to, and expertise on, hazardous liquid leak detection; and perform other duties, as determined by the Secretary, to improve leak detection for hazardous liquid pipelines. The Secretary shall enter into an agreement with an institution of higher education described in subsection (b)(3)— to provide for joint operation of the Center of Excellence; and to provide necessary administrative services for the Center of Excellence. Not later than 3 years after the date on which the Center of Excellence is established under subsection (a), the Center of Excellence shall submit to the appropriate committees of Congress a report on the findings of the Center of Excellence with respect to leak detection technologies that can detect leaks at very low volumes.
Section 40
503. Operator financial disclosure Not later than 7 calendar days after the date on which an operator of a pipeline facility (as defined in section 60101(a) of title 49, United States Code) files a petition for relief under chapter 7 or 11 of title 11, United States Code, the operator shall notify the Secretary of that filing.
Section 41
504. Data and transparency Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Secretary shall publish, on a publicly accessible website, summary data pertaining to pipeline leaks required to be reported by operators in the annual reports submitted to the Administration by the operators.
Section 42
505. Office of Public Engagement Section 108 of title 49, United States Code, is amended— in subsection (a), by inserting (referred to in this section as the Administration) after Safety Administration; in subsection (c), in the first sentence, by inserting (referred to in this section as the Administrator), after shall be the Administrator; and by adding at the end the following: In this subsection: The term appropriate committees of Congress has the meaning given the term in section 2 of the PIPELINE Safety Act of 2025. The term Director means the Director of the Office. The term Office means the Office of Public Engagement of the Administration established under paragraph (2). Not later than 1 year after the date of enactment of this subsection, the Administrator shall establish within the Administration an office, to be known as the Office of Public Engagement. The Office shall be headed by a Director, who shall— report to the Associate Administrator for Pipeline Safety; and be responsible for the discharge of the functions and duties of the Office. The Director shall— appoint and assign the duties of employees of the Office; and prioritize the hiring of individuals who have experience in community engagement, including working with the public, State, local and Tribal governments, and pipeline safety public interest groups. The Director shall appoint agency community liaison personnel employed as of the date on which the Office is established as employees of the Office. The Director shall coordinate the provision of technical assistance and educational assistance to the public with respect to the authorities exercised by the Administration. The Director shall coordinate active and ongoing engagement with the public with respect to the authority and activities of the Administration, including by— conducting— outreach, which may include public postings, signage at relevant physical locations, newspaper publications, utility bill inserts, mailings, phone calls, canvassing, and door hangers, to communities using varied media; and when appropriate, meetings; assisting individuals in resolving pipeline safety inquiries; making publicly available, and disseminating, information on the manner in which members of the public may file inquiries relating to pipeline safety; assisting individuals in contacting, as necessary, the Federal Energy Regulatory Commission, State agencies, and other agencies, in order to appropriately direct public inquiries that are not within the jurisdiction of the Administration to the relevant agency; and preparing, and making publicly available in accessible formats, educational materials about the Administration, the responsibilities of the Administration, and how those responsibilities interact with entities under the jurisdiction of the Administration and other Federal, State, local, or Tribal government agencies. (h)Office of Public Engagement(1)DefinitionsIn this subsection:(A)Appropriate committees of CongressThe term appropriate committees of Congress has the meaning given the term in section 2 of the PIPELINE Safety Act of 2025.(B)DirectorThe term Director means the Director of the Office.(C)OfficeThe term Office means the Office of Public Engagement of the Administration established under paragraph (2).(2)EstablishmentNot later than 1 year after the date of enactment of this subsection, the Administrator shall establish within the Administration an office, to be known as the Office of Public Engagement.(3)DirectorThe Office shall be headed by a Director, who shall—(A)report to the Associate Administrator for Pipeline Safety; and(B)be responsible for the discharge of the functions and duties of the Office.(4)EmployeesThe Director shall—(A)appoint and assign the duties of employees of the Office; and(B)prioritize the hiring of individuals who have experience in community engagement, including working with the public, State, local and Tribal governments, and pipeline safety public interest groups.(5)Community liaisonsThe Director shall appoint agency community liaison personnel employed as of the date on which the Office is established as employees of the Office.(6)Duties and functions of the Office(A)Coordination of assistanceThe Director shall coordinate the provision of technical assistance and educational assistance to the public with respect to the authorities exercised by the Administration.(B)Public engagementThe Director shall coordinate active and ongoing engagement with the public with respect to the authority and activities of the Administration, including by—(i)conducting—(I)outreach, which may include public postings, signage at relevant physical locations, newspaper publications, utility bill inserts, mailings, phone calls, canvassing, and door hangers, to communities using varied media; and(II)when appropriate, meetings;(ii)assisting individuals in resolving pipeline safety inquiries;(iii)making publicly available, and disseminating, information on the manner in which members of the public may file inquiries relating to pipeline safety;(iv)assisting individuals in contacting, as necessary, the Federal Energy Regulatory Commission, State agencies, and other agencies, in order to appropriately direct public inquiries that are not within the jurisdiction of the Administration to the relevant agency; and(v)preparing, and making publicly available in accessible formats, educational materials about the Administration, the responsibilities of the Administration, and how those responsibilities interact with entities under the jurisdiction of the Administration and other Federal, State, local, or Tribal government agencies..
Section 43
506. Clarification of confirmed discovery Not later than 2 years after the date of enactment of this Act, the Secretary shall— review— the definition of confirmed discovery used by the Administration for purposes of the reporting of accidents and incidents to the National Response Center and the Secretary (including any regulations promulgated under section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public Law 112–90)), establishing communication with first responders and other relevant public officials as described in section 60102(r)(1) of title 49, United States Code, providing immediate notice to the National Response Center as described in section 191.5 and 195.52 of title 49, Code of Federal Regulations (or any successor regulations), and any other relevant purposes; and for each initial notice of an accident or incident submitted to the National Response Center telephonically or electronically under section 191.5 or 195.52 of title 49, Code of Federal Regulations, during the 5-year period ending on the date of enactment of this Act— the time between the first signs of an accident or incident and the time at which operators determined that the accident or incident met the definition of confirmed discovery; the methods that operators used to confirm that an accident or incident met that definition; and the time that it took for operators to report an accident or incident after confirming that the accident or incident met that definition; and submit to the appropriate committees of Congress a report that provides the findings of the review under paragraph (1), including the details described in subparagraph (B) of that paragraph for each accident or incident. Section 60122(b)(1) of title 49, United States Code, is amended— in subparagraph (C), by striking and at the end; in subparagraph (D), by striking and at the end; and by adding at the end the following: the timeliness of emergency response notification, including by reducing penalties for cases in which incidents are reported within 10 minutes of a suspected release; and advanced coordination with State, local, Tribal, and territorial governmental entities resulting in the relevant and timely use of existing public alert notification systems; and (E)the timeliness of emergency response notification, including by reducing penalties for cases in which incidents are reported within 10 minutes of a suspected release; and(F)advanced coordination with State, local, Tribal, and territorial governmental entities resulting in the relevant and timely use of existing public alert notification systems; and.
Section 44
507. Public alert notification system for pipeline facilities The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall develop voluntary guidance to assist owners and operators of pipeline facilities with coordinating with State, local, Tribal, and territorial governmental entities to make use of existing public alert notification systems, such as the Integrated Public Alert and Warning System of the Federal Emergency Management Agency described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o) to issue emergency alerts and appropriate guidance via mobile phones, radio, or television in a locally targeted area in the event of a pipeline emergency.. Any procedures established by an operator under subsection (a) shall be incorporated into the emergency response plan maintained by the operator under section 60102(d)(5) of title 49, United States Code.
Section 45
601. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems Chapter 448 of title 49, United States Code, is amended by adding at the end the following: In this section: The term Administration means the Pipeline and Hazardous Materials Safety Administration. The term Administrator means the Administrator of the Administration. The term covered foreign country means any of the following: The People’s Republic of China. The Russian Federation. The Islamic Republic of Iran. The Democratic People’s Republic of Korea. The Bolivarian Republic of Venezuela. The Republic of Cuba. The term covered unmanned aircraft system means an unmanned aircraft system that is, or is owned by an entity that is— included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; domiciled in a covered foreign country; or subject to influence or control by the government of a covered foreign country. Subject to subsection (c), the Administrator shall not— operate a covered unmanned aircraft system; or enter into, extend, or renew a contract— for the procurement of a covered unmanned aircraft system; or with an entity that operates (as determined by the Secretary of Transportation) a covered unmanned aircraft system in the performance of any Administration contract. The restrictions under subsection (b) shall not apply if the operation, procurement, or contracting action is for the purpose of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. The Administrator may waive the restrictions under subsection (b) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest of the United States. Subject to available appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Administration as of that date of enactment with an unmanned aircraft system manufactured in the United States or an allied country (as defined in section 2350f(d) of title 10). Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— a description of the changes the Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (e), including— an explanation of the purposes for which such covered unmanned aircraft systems were used; a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and the cost to purchase the unmanned aircraft systems described in subparagraph (B); and any other information determined appropriate by the Administrator. The analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44814 the following: 44815.Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems(a)DefinitionsIn this section:(1)AdministrationThe term Administration means the Pipeline and Hazardous Materials Safety Administration.(2)AdministratorThe term Administrator means the Administrator of the Administration.(3)Covered foreign countryThe term covered foreign country means any of the following:(A)The People’s Republic of China.(B)The Russian Federation.(C)The Islamic Republic of Iran.(D)The Democratic People’s Republic of Korea.(E)The Bolivarian Republic of Venezuela.(F)The Republic of Cuba.(4)Covered unmanned aircraft systemThe term covered unmanned aircraft system means an unmanned aircraft system that is, or is owned by an entity that is—(A)included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;(B)domiciled in a covered foreign country; or(C)subject to influence or control by the government of a covered foreign country.(b)RestrictionsSubject to subsection (c), the Administrator shall not—(1)operate a covered unmanned aircraft system; or(2)enter into, extend, or renew a contract—(A)for the procurement of a covered unmanned aircraft system; or(B)with an entity that operates (as determined by the Secretary of Transportation) a covered unmanned aircraft system in the performance of any Administration contract.(c)ExemptionThe restrictions under subsection (b) shall not apply if the operation, procurement, or contracting action is for the purpose of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.(d)WaiverThe Administrator may waive the restrictions under subsection (b) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest of the United States.(e)Replacement of covered unmanned aircraft systemsSubject to available appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Administration as of that date of enactment with an unmanned aircraft system manufactured in the United States or an allied country (as defined in section 2350f(d) of title 10).(f)Report to CongressNot later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes—(1)a description of the changes the Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system;(2)the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (e), including—(A)an explanation of the purposes for which such covered unmanned aircraft systems were used;(B)a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and(C)the cost to purchase the unmanned aircraft systems described in subparagraph (B); and(3)any other information determined appropriate by the Administrator.. 44815. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems..
Section 46
44815. Prohibition on PHMSA operation, procurement, or contracting action with respect to covered unmanned aircraft systems In this section: The term Administration means the Pipeline and Hazardous Materials Safety Administration. The term Administrator means the Administrator of the Administration. The term covered foreign country means any of the following: The People’s Republic of China. The Russian Federation. The Islamic Republic of Iran. The Democratic People’s Republic of Korea. The Bolivarian Republic of Venezuela. The Republic of Cuba. The term covered unmanned aircraft system means an unmanned aircraft system that is, or is owned by an entity that is— included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; domiciled in a covered foreign country; or subject to influence or control by the government of a covered foreign country. Subject to subsection (c), the Administrator shall not— operate a covered unmanned aircraft system; or enter into, extend, or renew a contract— for the procurement of a covered unmanned aircraft system; or with an entity that operates (as determined by the Secretary of Transportation) a covered unmanned aircraft system in the performance of any Administration contract. The restrictions under subsection (b) shall not apply if the operation, procurement, or contracting action is for the purpose of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. The Administrator may waive the restrictions under subsection (b) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest of the United States. Subject to available appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Administration as of that date of enactment with an unmanned aircraft system manufactured in the United States or an allied country (as defined in section 2350f(d) of title 10). Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes— a description of the changes the Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system; the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (e), including— an explanation of the purposes for which such covered unmanned aircraft systems were used; a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and the cost to purchase the unmanned aircraft systems described in subparagraph (B); and any other information determined appropriate by the Administrator.
Section 47
602. Natural gas distribution pipeline infrastructure safety and modernization grants The Secretary may provide grants to assist publicly owned natural gas distribution pipeline systems in repairing, rehabilitating, or replacing pipeline systems to improve pipeline safety. An entity eligible to receive a grant under this section is a utility that— is owned by a community or municipality; and is not a for-profit entity. An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the projects or activities proposed to be funded by the grant. A grant provided under this section may be used— to repair, rehabilitate, or replace a natural gas distribution pipeline system or portions of a natural gas distribution pipeline system; or to acquire equipment for use in a repair, rehabilitation, or replacement project under paragraph (1). The Secretary shall establish procedures for awarding grants under this section that take into consideration— the risk profile of the existing pipeline system, including pipe material, operated by the applicant; and supporting communities that have limited ability to invest in the infrastructure of the community through increased utility rates due to economic conditions, including high poverty rates, high unemployment, or low median wages. The Secretary may not award more than 12.5 percent of the total amount made available to carry out this section to a single eligible entity described in subsection (b). Not more than 2 percent of the amounts appropriated under subsection (h)(1) for a fiscal year may be used by the Secretary for the administrative costs of carrying out this section. Except as provided in subparagraph (B), any grant provided by the Secretary under this section shall not represent more than 50 percent of the actual total cost of the repair, rehabilitation, or replacement project for which the grant is provided. In the case of a grant under this section for a project in an area with a population of less than 50,000 residents, based on the most recent decennial census, the Secretary may increase the grant share of the cost of the project under subparagraph (A) to not more than 80 percent. Not later than 3 days before the date on which the Secretary publishes the selection of projects and activities for which a grant will be provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes— a list of all applications reviewed by the Secretary as part of the selection process; and a report that describes each project or activity for which a grant will be provided under this section for that round of selection. There is authorized to be appropriated to the Secretary to carry out this section $75,000,000 for each of fiscal years 2027 through 2030, to remain available until expended. Any amounts used to carry out this section— shall be derived from general revenues; and shall not be derived from user fees collected under section 60301.
Section 48
603. Issues affecting federally recognized Indian Tribes Section 60101 of title 49, United States Code, is amended by adding at the end the following: In this chapter: The term Indian land has the meaning given the term Indian lands in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). Section 60102 of title 49, United States Code, is amended— in subsection (c)(4)(A), by striking located, and inserting located and any affected Indian Tribe; in subsection (d)— in the matter preceding paragraph (1), in the first sentence, by striking and an appropriate State official as determined by the Secretary and inserting , an appropriate State official (as determined by the Secretary), and an appropriate Tribal official (as determined by the Secretary) from any affected Indian Tribe; in paragraph (2), in the matter preceding subparagraph (A), by inserting or, with respect to an affected Indian Tribe, on affected Indian land, after location in the State; in paragraph (5)— in subparagraph (B), by inserting and Tribal officials from any affected Indian Tribe after State and local authorities; and in subparagraph (C), by inserting and Tribal officials from any affected Indian Tribe after State and local officials; and in paragraph (6)— by inserting or an affected Indian Tribe after inform a State; and by inserting or on affected Indian land before the period at the end; in subsection (h)— in paragraph (2)(C), by striking the appropriate Tribe and inserting any affected Indian Tribe with respect to the location; and in paragraph (3)(B), by inserting or Tribal official if no such commission or committee exists before the semicolon at the end; and in subsection (r)(1), in the matter preceding subparagraph (A), by inserting , including Tribal officials after public officials. Section 60108(c)(6)(C) of title 49, United States Code, is amended, in the first sentence, by inserting and Tribal officials from any affected Indian Tribe after to the Secretary. Section 60109(e)(7) of title 49, United States Code, is amended by striking subparagraph (C) and inserting the following: Not later than 2 years after the date of enactment of the PIPELINE Safety Act of 2025, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, and to any affected Indian Tribe, a copy of the emergency response plan under section 60102(d)(5). Not later than 2 years after the date of enactment of the PIPELINE Safety Act of 2025, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of— the distribution integrity management plan of the operator; and the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4). Not later than 60 days after the date of a significant update, as determined by the Secretary, to a plan or manual described in clause (i) or (ii), the operator of the applicable distribution system shall— in the case of an emergency response plan described in clause (i), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable), and make available for inspection to any affected Indian Tribe, an updated copy of the emergency response plan; and in the case of a plan or manual described in clause (ii), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable) an updated copy of the applicable plan or manual. Nothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5. Section 60112(c) of title 49, United States Code, is amended, in the second sentence, by inserting and a Tribal official from any affected Indian Tribe after affected local officials. Section 60115(b)(3)(A) of title 49, United States Code, is amended by striking and of and inserting , Indian Tribes, and. Section 60116(b) of title 49, United States Code, is amended— in the first sentence, by striking Not later than 12 months after the date of enactment of the Pipeline Safety Improvement Act of 2002 and inserting Not later than 1 year after the date of enactment of the PIPELINE Safety Act of 2025; and in the second sentence, by inserting affected Indian Tribes, after advise. Section 60117 of title 49, United States Code, is amended— in subsection (g)(1), by inserting and an appropriate Tribal official from any affected Indian Tribe after is located; in subsection (i)— in paragraph (1), by inserting Indian Tribes, after States,; and in paragraph (2), by inserting Indian Tribes, after local governments,; in subsection (l), in the first sentence, by inserting Indian Tribes, after local government,; in subsection (n)(1), by inserting Indian Tribes, after the States,; and in subsection (p)(2)(B), by inserting Indian Tribes, after State agencies,. Section 60119(a)(1) of title 49, United States Code, is amended, in the first sentence, by inserting , including an Indian Tribe, before adversely affected. Section 60125(b)(1) of title 49, United States Code, is amended, in the first sentence, by inserting , and affected Indian Tribes, after local governments. Section 60132 of title 49, United States Code, is amended— in subsection (c), by striking State and local and inserting State, local, and Tribal; and in subsection (e), in the first sentence, by striking State and local and inserting State, local, and Tribal. Section 60133 of title 49, United States Code, is amended— in subsection (a)(5), by striking and local and inserting , local, and Tribal; and in subsection (c)(2), by inserting Tribal, after State,. (c)Indian and Tribal definitionsIn this chapter:(1)Indian landThe term Indian land has the meaning given the term Indian lands in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703).(2)Indian TribeThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).. (C)Deadlines(i)Emergency response planNot later than 2 years after the date of enactment of the PIPELINE Safety Act of 2025, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, and to any affected Indian Tribe, a copy of the emergency response plan under section 60102(d)(5).(ii)Other documentsNot later than 2 years after the date of enactment of the PIPELINE Safety Act of 2025, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of—(I)the distribution integrity management plan of the operator; and(II)the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4).(iii)UpdatesNot later than 60 days after the date of a significant update, as determined by the Secretary, to a plan or manual described in clause (i) or (ii), the operator of the applicable distribution system shall—(I)in the case of an emergency response plan described in clause (i), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable), and make available for inspection to any affected Indian Tribe, an updated copy of the emergency response plan; and (II)in the case of a plan or manual described in clause (ii), make available to the Secretary or make available for inspection to the relevant State authority described in that clause (if applicable) an updated copy of the applicable plan or manual.(iv)Applicability of FOIANothing in this subsection shall be construed to authorize the disclosure of any information that is exempt from disclosure under section 552(b) of title 5..
Section 49
604. Identification of and justification for redactions If the Administration redacts any portion of a document produced to another person, the Administration shall cite a specific statute authorizing the withholding of the information redacted.
Section 50
605. Fees for loan guarantees Section 116(d) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720n(d)) is amended— in paragraph (1)— by striking (1) The Secretary and inserting the following: The Secretary in subparagraph (A) (as so designated), in the second sentence, by striking The term and inserting the following: The term in paragraph (2), by striking (2) An eligible and inserting the following: Notwithstanding any other provision of law, the Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary). Fees collected under this paragraph shall— be deposited by the Secretary into the Treasury; and remain available to the Secretary, without further appropriation, until expended to cover applicable administrative expenses described in clause (i). Notwithstanding clause (i), and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subparagraph. An eligible (1)Loan terms(A)In generalThe Secretary; and (B)DurationThe term; and (2)Fees(A)Administrative expenses(i)In generalNotwithstanding any other provision of law, the Secretary shall charge, and collect on or after the date of the financial close of an obligation, a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses (including any costs associated with third-party consultants engaged by the Secretary).(ii)AvailabilityFees collected under this paragraph shall—(I)be deposited by the Secretary into the Treasury; and(II)remain available to the Secretary, without further appropriation, until expended to cover applicable administrative expenses described in clause (i).(iii)Reduction in fee amountNotwithstanding clause (i), and subject to the availability of appropriations, the Secretary may reduce the amount of a fee for a guarantee under this subparagraph.(B)Debt obligationsAn eligible.
Section 51
606. Improving pipeline cybersecurity Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall publish in the Federal Register a final rule pursuant to the rulemaking proceeding entitled Enhancing Surface Cyber Risk Management (Docket Number TSA–2022–0001; Regulation Identifier Number 1652–AA74) relating to the cybersecurity of pipelines.
Section 52
607. Technical corrections Section 60101(a) of title 49, United States Code (as amended by section 212(b)), is amended— in the matter preceding paragraph (1), by striking chapter— and inserting chapter:; in each of paragraphs (1) through (16), (18), (19), (20), (22) (23), (25), and (27), by striking the semicolon at the end of the paragraph and inserting a period; in paragraph (1)— by striking the paragraph designation and all that follows through (A) means in subparagraph (A) and inserting the following: The term existing liquefied natural gas facility means in subparagraph (A)(ii), by striking ; but and inserting a period; and in subparagraph (B)— by striking (B) does not and inserting the following: The term existing liquefied natural gas facility does not by inserting described in subparagraph (A) after approval; in paragraph (14)— by striking the paragraph designation and all that follows through (A) means in subparagraph (A) and inserting the following: The term liquefied natural gas pipeline facility means in subparagraph (A), by striking ; but and inserting a period; and in subparagraph (B), by striking (B) does not and inserting the following: The term liquefied natural gas pipeline facility does not in paragraph (24) (relating to the term Secretary), by striking ; and and inserting a period; in paragraph (27)— by striking the paragraph designation and all that follows through (A) means in subparagraph (A) and inserting the following: The term transporting hazardous liquid means in subparagraph (A)(ii), by striking ; but and inserting a period; and in subparagraph (B), by striking (B) does not and inserting the following: The term transporting hazardous liquid does not in each of paragraphs (2) through (13), (15), (16), (18), (19), (20), (22) through (25), and (28)— by inserting The term after the paragraph designation; and by inserting a paragraph heading, the text of which comprises the term defined in the paragraph. Section 60102(b) of title 49, United States Code, is amended by striking paragraph (7). (1)Existing liquefied natural gas facility(A)In generalThe term existing liquefied natural gas facility means; (B)ExclusionsThe term existing liquefied natural gas facility does not; and (14)Liquefied natural gas pipeline facility(A)In generalThe term liquefied natural gas pipeline facility means; (B)ExclusionsThe term liquefied natural gas pipeline facility does not; (27)Transporting hazardous liquid(A)In generalThe term transporting hazardous liquid means; (B)ExclusionsThe term transporting hazardous liquid does not; and