To provide for testing to confirm the material strength of previously untested natural gas transmission pipelines located in certain areas, and to update fiscal year references.

1. Rewrites page 56, line 12 through page 64, line 18

   ReplacesPrinted page

   Removes page 56, line 12 through page 64, line 18 of the printed bill. See that page

   Inserted: (1) 9 employees shall be added in fiscal year 2012;

   Inserted: (2) 10 employees shall be added in fiscal year 2013;

   Inserted: (3) 10 employees shall be added in fiscal year 2014; and

   Inserted: (4) 10 employees shall be added in fiscal year 2015.

   Inserted: (b) Functions.--In increasing the number of employees under subsection (a), the Secretary shall focus on hiring employees--

   Inserted: (1) to conduct data collection, analysis, and reporting;

   Inserted: (2) to develop, implement, and update information technology;

   Inserted: (3) to conduct inspections of pipeline facilities to determine compliance with applicable regulations and standards;

   Inserted: (4) to provide administrative, legal, and other support for pipeline enforcement activities; and

   Inserted: (5) to support the overall pipeline safety mission of the Pipeline and Hazardous Materials Safety Administration, including training of pipeline enforcement personnel.

   Inserted: SEC. 26. MAINTENANCE OF EFFORT.

   Inserted: Section 60107(b) is amended to read as follows:

   Show 49 more inserted paragraphsShow less

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

   Inserted: SEC. 27. MAXIMUM ALLOWABLE OPERATING PRESSURE.

   Inserted: (a) Establishment of Records.--

   Inserted: (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall require pipeline operators to conduct a verification of records for all interstate and intrastate gas transmission lines in class 3 and class 4 locations and class 1 and class 2 high consequence areas that accurately reflect the pipeline's physical and operational characteristics and confirm the established maximum allowable operating pressure of those pipelines.

   Inserted: (2) Elements.--Verification of each record under paragraph (1) shall include such elements as the Secretary considers appropriate.

   Inserted: (b) Reporting.--

   Inserted: (1) Documentation of certain pipelines.--Not later than 18 months after the date of enactment of this Act, pipeline operators shall submit to the Secretary documentation of all interstate and intrastate gas transmission pipelines in class 3 and class 4 locations and class 1 and class 2 high consequence areas where the records required under subsection (a) are not sufficient to confirm the established maximum allowable operating pressure of those pipeline segments.

   Inserted: (2) Exceedances of maximum allowable operating pressure.--All pipeline operators shall report any exceedance of the maximum allowable operating pressure for gas transmission pipelines that exceed the build-up allowed for operation of pressure-limiting or control devices to the Secretary not later than 5 working days after the exceedance occurs. Notice of exceedance by gas transmission pipelines shall be provided concurrently to appropriate State authorities.

   Inserted: (c) Determination of Maximum Allowable Operating Pressure.--

   Inserted: (1) In general.--For any transmission line reported in subsection (b), the Secretary shall require the operator of the transmission line to reconfirm a maximum allowable operational pressure as expeditiously as economically feasible.

   Inserted: (2) Interim actions.--For cases described in paragraph (1), the Secretary will determine what actions are appropriate for a pipeline operator to take to maintain safety until a maximum allowable operating pressure is confirmed. In determining what actions an operator should take, the Secretary shall take into account consequences to public safety and the environment, impacts on pipeline system reliability and deliverability, and other factors, as appropriate.

   Inserted: (d) Testing Regulations.--The Secretary shall, not later than 18 months after the date of the enactment of this Act, prescribe regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in areas identified pursuant to section 60109(a) of title 49, United States Code, and operating at a pressure greater than 30 percent of specified minimum yield strength. The Secretary shall consider safety testing methodologies including, at a minimum, pressure testing or other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater effectiveness. The Secretary, in consultation with the Chairman of the Federal Energy Regulatory Commission and State regulators, as appropriate, shall establish timeframes for the completion of such testing that take into account consequences to public safety and the environment and that minimize costs and service disruptions.

   Inserted: SEC. 28. ADMINISTRATIVE ENFORCEMENT PROCESS.

   Inserted: (a) Issuance of Regulations.--

   Inserted: (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall prescribe regulations--

   Inserted: (A) requiring hearings under sections 60112, 60117, 60118, and 60122 to be convened before a presiding official;

   Inserted: (B) providing the opportunity for any person requesting a hearing under sections 60112, 60117, 60118, and 60122 to arrange for a transcript of that hearing, at the expense of the requesting person; and

   Inserted: (C) ensuring expedited review of any order issued pursuant to section 60112(e).

   Inserted: (2) Presiding official.--The regulations prescribed under this subsection shall--

   Inserted: (A) define the term "presiding official" to mean the person who conducts any hearing relating to civil penalty assessments, compliance orders, safety orders, or corrective action orders; and

   Inserted: (B) require that the presiding official must be an attorney on the staff of the Deputy Chief Counsel that is not engaged in investigative or prosecutorial functions, including the preparation of notices of probable violations, orders relating to civil penalty assessments, compliance orders, or corrective action orders.

   Inserted: (b) Standards of Judicial Review.--Section 60119(a) is amended by adding at the end the following new paragraph:

   Inserted: "(3) All judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.".

   Inserted: SEC. 29. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: (a) Gas and Hazardous Liquid.--

   Inserted: (1) Section 60125(a)(1) is amended by striking subparagraphs (A) through (D) and inserting the following:

   Inserted: "(A) for fiscal year 2012, $92,206,000, of which $9,200,000 is for carrying out such section 12 and $36,958,000 is for making grants;

   Inserted: "(B) for fiscal year 2013, $96,144,000, of which $9,600,000 for carrying out such section 12 and $39,611,000 is for making grants;

   Inserted: "(C) for fiscal year 2014, $99,876,000, of which $9,900,000 is for carrying out such section 12 and $41,148,000 is for making grants; and

   Inserted: "(D) for fiscal year 2015, $102,807,000, of which $10,200,000 is for carrying out such section 12 and $42,356,000 is for making grants.".

   Inserted: (2) Section 60125(a)(2) is amended by striking subparagraphs (A) through (D) and inserting the following:

   Inserted: "(A) for fiscal year 2012, $18,905,000, of which $7,562,000 is for carrying out such section 12 and $7,864,000 is for making grants;

   Inserted: "(B) for fiscal year 2013, $19,661,000, of which $7,864,000 is for carrying out such section 12 and $7,864,000 is for making grants;

   Inserted: "(C) for fiscal year 2014, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants; and

   Inserted: "(D) for fiscal year 2015, $20,000,000, of which $8,000,000 is for carrying out such section 12 and $8,000,000 is for making grants.".

   Inserted: (b) Emergency Response Grants.--Section 60125(b)(2) is amended by striking "2007 through 2010" and inserting "2012 through 2015".

   Inserted: (c) One-call Notification Programs.--Section 6107 is amended--

   Inserted: (1) by striking "2007 through 2010." in subsection (a) and inserting "2012 through 2015.";

   Inserted: (2) by striking "2007 through 2010." in subsection (b) and inserting "2012 through 2015."; and

   Inserted: (3) by striking subsection (c).

   Inserted: (d) State Damage Prevention Programs.--Section 60134 is amended by adding at the end the following:

   Inserted: "(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to provide grants under this section $2,000,000 for each of fiscal years 2012 through 2015. The funds shall remain available until expended.".

   Inserted: (e) Community Pipeline Safety Information Grants.--Section 60130 is amended--

   Inserted: (1) by striking "$50,000" in subsection (a)(1) and inserting "$100,000"; and

   Inserted: (2) by striking "2003 through 2010." in subsection (d) and inserting "2012 through 2015.".

   Inserted: (f) Pipeline Transportation Research and Development.--Section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended--

   Inserted: (1) by adding at the end of subsection (d) the following:

   Inserted: "(3) Ongoing pipeline transportation research and development.--After the initial 5-year program plan has been carried out by the participating agencies, the Secretary of Transportation shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program each year that funds are appropriated for carrying out the plan."; and

   Inserted: (2) by striking "2003 through 2006." in subsection (f) and inserting "2012 through 2015.".

   Original wording

   Beginning on page 56, strike line 12 and all that follows through page 64, line 18, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed