[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
PRESIDENT JOHN F. KENNEDY INAUGURAL ADDRESS, 50TH
ANNIVERSARY <> CEREMONY--CAPITOL
ROTUNDA AUTHORIZATION
Whereas John Fitzgerald Kennedy was elected to the United States House
of Representatives and served from January 3, 1947, to January 3,
1953, until he was elected by the Commonwealth of Massachusetts to
the Senate where he served from January 3, 1953, to December 22,
1960;
Whereas on November 8, 1960, John Fitzgerald Kennedy was elected as the
35th President of the United States; and
Whereas on January 20, 1961, President Kennedy was sworn in as President
of the United States and delivered his inaugural
[[Page 1928]]
address at 12:51pm, a speech that served as a clarion call to
service for the Nation: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. USE OF THE ROTUNDA OF THE CAPITOL FOR AN EVENT HONORING
PRESIDENT KENNEDY.
The rotunda of the United States Capitol is authorized to be used on
January 20, 2011, for a ceremony in honor of the 50th anniversary of the
inaugural address of President John F. Kennedy. Physical preparations
for the conduct of the ceremony shall be carried out in accordance with
such conditions as may be prescribed by the Architect of the Capitol.
Agreed to January 18, 2011.
<> JOINT SESSION
Resolved by the House of Representatives (the Senate concurring),
That the two Houses of Congress assemble in the Hall of the House of
Representatives on Tuesday, January 25, 2011, at 9 p.m., for the purpose
of receiving such communication as the President of the United States
shall be pleased to make to them.
Agreed to January 25, 2011.
<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE
Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Thursday,
February 17, 2011, Friday, February 18, 2011, or Saturday, February 19,
2011, on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand adjourned until 2 p.m. on
Monday, February 28, 2011, or until the time of any reassembly pursuant
to section 2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns on any day from Thursday,
February 17, 2011, through Friday, February 25, 2011, on a motion
offered pursuant to this concurrent resolution by its Majority Leader or
his designee, it stand recessed or adjourned until noon on Monday,
February 28, 2011, or such other time on that day as may be specified in
the motion to recess or adjourn, or until the time of any reassembly
pursuant to section 2 of this concurrent resolution, whichever occurs
first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place
[[Page 1929]]
and time as they may designate if, in their opinion, the public interest
shall warrant it.
Agreed to February 17, 2011.
GERALD R. FORD STATUE PRESENTATION CEREMONY AND DISPLAY-- <> CAPITOL ROTUNDA AUTHORIZATION
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. ACCEPTANCE OF STATUE OF GERALD R. FORD FROM THE PEOPLE OF
MICHIGAN FOR PLACEMENT IN UNITED STATES CAPITOL.
(a) In General.--The statue of Gerald R. Ford furnished by the
people of Michigan for placement in the United States Capitol in
accordance with section 1814 of the Revised Statutes of the United
States (2 U.S.C. 2131), is accepted in the name of the United States,
and the thanks of the Congress are tendered to the people of Michigan
for providing this commemoration of one of Michigan's most eminent
persons.
(b) Presentation Ceremony.--The State of Michigan is authorized to
use the Rotunda of the Capitol on May 3, 2011, for a presentation
ceremony for the statue accepted under this section. The Architect of
the Capitol and the Capitol Police Board shall take such action as may
be necessary with respect to physical preparations and security for the
ceremony.
(c) Display in Rotunda.--The Architect of the Capitol shall provide
for the display of the statue accepted under this section in the Rotunda
of the Capitol, in accordance with the procedures described in section
311(e) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
2132(e)).
Agreed to March 16, 2011.
<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE
Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Thursday, March
17, 2011, Friday, March 18, 2011, or Saturday, March 19, 2011, on a
motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand adjourned until 2 p.m. on Tuesday,
March 29, 2011, or until the time of any reassembly pursuant to section
2 of this concurrent resolution, whichever occurs first; and that when
the Senate recesses or adjourns on any day from Thursday, March 17,
2011, through Friday, March 25, 2011, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand recessed or adjourned until noon on Monday, March 28, 2011, or
such other time on that day as may be specified in the motion to recess
or adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first.
[[Page 1930]]
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.
Agreed to March 17, 2011.
HOLOCAUST DAYS OF REMEMBRANCE CEREMONY--CAPITOL <> ROTUNDA AUTHORIZATION
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. USE OF ROTUNDA FOR HOLOCAUST DAYS OF REMEMBRANCE CEREMONY.
The Rotunda of the Capitol is authorized to be used on May 17, 2011,
for a ceremony as part of the commemoration of the days of remembrance
of victims of the Holocaust. Physical preparations for the ceremony
shall be carried out in accordance with such conditions as the Architect
of the Capitol may prescribe.
Agreed to April 14, 2011.
<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE
Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Friday, April 15,
2011, or Saturday, April 16, 2011, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2 p.m. on Monday, May 2, 2011, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the Senate recesses or adjourns on
any day from Thursday, April 14, 2011, through Friday, April 29, 2011,
on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand recessed or adjourned until
noon on Monday, May 2, 2011, or such other time on that day as may be
specified in the motion to recess or adjourn, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first.
Sec. 2. The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.
Agreed to April 14, 2011.
[[Page 1931]]
<> SOAP BOX DERBY RACES--CAPITOL
GROUNDS AUTHORIZATION
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. USE OF CAPITOL GROUNDS FOR SOAP BOX DERBY RACES.
(a) In General.--The Greater Washington Soap Box Derby Association
(in this resolution referred to as the ``sponsor'') shall be permitted
to sponsor a public event, soap box derby races (in this resolution
referred to as the ``event''), on the Capitol Grounds.
(b) Date of Event.--The event shall be held on June 18, 2011, or on
such other date as the Speaker of the House of Representatives and the
Committee on Rules and Administration of the Senate jointly designate.
SEC. 2. TERMS AND CONDITIONS.
(a) In General.--Under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board, the event shall be--
(1) free of admission charge and open to the public; and
(2) arranged not to interfere with the needs of Congress.
(b) Expenses and Liabilities.--The sponsor shall assume full
responsibility for all expenses and liabilities incident to all
activities associated with the event.
SEC. 3. EVENT PREPARATIONS.
Subject to the approval of the Architect of the Capitol, the sponsor
is authorized to erect upon the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment as may
be required for the event.
SEC. 4. ADDITIONAL ARRANGEMENTS.
The Architect of the Capitol and the Capitol Police Board are
authorized to make such additional arrangements as may be required to
carry out the event.
SEC. 5. ENFORCEMENT OF RESTRICTIONS.
The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, with respect to the event.
Agreed to May 12, 2011.
<> NATIONAL PEACE OFFICERS'
MEMORIAL SERVICE--CAPITOL GROUNDS AUTHORIZATION
Resolved by the House of Representatives (the Senate concurring),
[[Page 1932]]
SECTION 1. USE OF THE CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS'
MEMORIAL SERVICE.
(a) In General.--The Grand Lodge of the Fraternal Order of Police
and its auxiliary (in this resolution referred to as the ``sponsor'')
shall be permitted to sponsor a public event, the 30th Annual National
Peace Officers' Memorial Service (in this resolution referred to as the
``event''), on the Capitol Grounds, in order to honor the law
enforcement officers who died in the line of duty during 2010.
(b) Date of Event.--The event shall be held on May 15, 2011, or on
such other date as the Speaker of the House of Representatives and the
Committee on Rules and Administration of the Senate jointly designate.
SEC. 2. TERMS AND CONDITIONS.
(a) In General.--Under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board, the event shall be--
(1) free of admission charge and open to the public; and
(2) arranged not to interfere with the needs of Congress.
(b) Expenses and Liabilities.--The sponsor shall assume full
responsibility for all expenses and liabilities incident to all
activities associated with the event.
SEC. 3. EVENT PREPARATIONS.
Subject to the approval of the Architect of the Capitol, the sponsor
is authorized to erect upon the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment, as
may be required for the event.
SEC. 4. ENFORCEMENT OF RESTRICTIONS.
The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.
Agreed to May 12, 2011.
<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE
Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Friday, May 13,
2011, or Saturday, May 14, 2011, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
adjourned until 2 p.m. on Monday, May 23, 2011, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first.
Sec. 2. (a) The Speaker or his designee, after consultation with the
Minority Leader, shall notify the Members to reassemble at such place
and time as he may designate if, in his opinion, the public interest
shall warrant it. (b) After reassembling pursuant to subsection (a),
when the House adjourns on a motion offered pursuant to this subsection
by its Majority Leader or his designee,
[[Page 1933]]
the House shall again stand adjourned pursuant to the first section of
this concurrent resolution.
Agreed to May 12, 2011.
<> KING KAMEHAMEHA, BIRTHDAY
CELEBRATION--EMANCIPATION HALL AUTHORIZATION
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. USE OF EMANCIPATION HALL FOR EVENT TO CELEBRATE BIRTHDAY OF
KING KAMEHAMEHA.
(a) Authorization.--Emancipation Hall in the Capitol Visitor Center
is authorized to be used for an event on June 5, 2011, to celebrate the
birthday of King Kamehameha.
(b) Preparations.--Physical preparations for the conduct of the
ceremony described in subsection (a) shall be carried out in accordance
with such conditions as may be prescribed by the Architect of the
Capitol.
Agreed to May 31, 2011.
<> ENROLLMENT CORRECTIONS--S. 365
Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of S. 365, the Secretary of the Senate shall
amend the title so as to read: ``An Act to provide for budget
control.''.
Agreed to August 2, 2011.
<> JOINT SESSION
Resolved by the House of Representatives (the Senate concurring),
That the two Houses of Congress assemble in the Hall of the House of
Representatives on Thursday, September 8, 2011, at 7 p.m., for the
purpose of receiving such communication as the President of the United
States shall be pleased to make to them.
Agreed to September 7, 2011.
[[Page 1934]]
2011 DISTRICT OF COLUMBIA SPECIAL OLYMPICS LAW ENFORCEMENT <> TORCH RUN--CAPITOL GROUNDS AUTHORIZATION
Resolved by the House of Representatives (the Senate concurring),
SECTION 1. AUTHORIZATION OF USE OF THE CAPITOL GROUNDS FOR DC SPECIAL
OLYMPICS LAW ENFORCEMENT TORCH RUN.
On September 30, 2011, or on such other date as the Speaker of the
House of Representatives and the Committee on Rules and Administration
of the Senate may jointly designate, the 26th Annual District of
Columbia Special Olympics Law Enforcement Torch Run (in this resolution
referred to as the ``event'') may be run through the Capitol Grounds as
part of the journey of the Special Olympics torch to the District of
Columbia Special Olympics summer games.
SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.
The Capitol Police Board shall take such actions as may be necessary
to carry out the event.
SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.
The Architect of the Capitol may prescribe conditions for physical
preparations for the event.
SEC. 4. ENFORCEMENT OF RESTRICTIONS.
The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.
Agreed to September 8, 2011.
CONGRESSIONAL GOLD MEDAL <> AWARD CEREMONY EVENT--EMANCIPATION HALL
AUTHORIZATION
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. USE OF EMANCIPATION HALL FOR EVENT TO AWARD THE CONGRESSIONAL
GOLD MEDAL.
(a) Authorization.--Emancipation Hall in the Capitol Visitor Center
is authorized to be used for an event on November 2, 2011, to award the
Congressional Gold Medal, collectively, to the 100th Infantry Battalion,
442nd Regimental Combat Team, and the Military Intelligence Service,
United States Army, in recognition of their dedicated service during
World War II.
(b) Preparations.--Physical preparations for the conduct of the
event described in subsection (a) shall be carried out in accordance
[[Page 1935]]
with such conditions as may be prescribed by the Architect of the
Capitol.
Agreed to September 21, 2011.
<> ENROLLMENT CORRECTION--H.R.
2608
Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill (H.R. 2608) to provide for an
additional temporary extension of programs under the Small Business Act
and the Small Business Investment Act of 1958, and for other purposes,
the Clerk of the House of Representatives shall make the following
correction:
Amend the title so as to read: ``An Act making continuing
appropriations for fiscal year 2012, and for other purposes.''.
Agreed to September 26, 2011.
CONGRESSIONAL GOLD MEDAL AWARD PRESENTATION CEREMONY-- <> CAPITOL ROTUNDA AUTHORIZATION
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. USE OF THE ROTUNDA OF THE UNITED STATES CAPITOL TO PRESENT
THE CONGRESSIONAL GOLD MEDAL.
(a) Authorization.--The rotunda of the United States Capitol is
authorized to be used on November 16, 2011 for the presentation of the
Congressional Gold Medal, collectively, to Neil A. Armstrong, Edwin E.
``Buzz'' Aldrin, Jr., Michael Collins, and John Herschel Glenn, Jr., in
recognition of their significant contributions to society.
(b) Preparations.--Physical preparations for the conduct of the
event described in subsection (a) shall be carried out in accordance
with such conditions as may be prescribed by the Architect of the
Capitol.
Agreed to October 3, 2011.
<> FURTHER ENROLLMENT CORRECTION--
H.R. 2608
Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill (H.R. 2608) making continuing
appropriations for fiscal year 2012, and for other purposes, the Clerk
of the House of Representatives shall make the following further
correction:
Amend section 124 to read as follows:
``Sec. 124. Section 8909a(d)(3)(A)(v) of title 5, United States
Code, shall be applied by substituting the date specified in section
106(3) of this Act for the date specified in such section
8909a(d)(3)(A)(v).''.
Agreed to October 4, 2011.
[[Page 1936]]
<> ENROLLMENT CORRECTIONS--S. 1280
Resolved by the Senate (the House of Representatives concurring),
That, in the enrollment of the bill (S. 1280) to amend the Peace Corps
Act to require sexual assault risk-reduction and response training, the
development of a sexual assault policy, the establishment of an Office
of Victim Advocacy, the establishment of a Sexual Assault Advisory
Council, and for other purposes, the Secretary of the Senate shall make
the following corrections:
Amend section 8C of the Peace Corps Act, in the quoted material in
section 2 of the bill, by adding at the end the following new
subsection:
``(e) Sunset.--This section shall cease to be effective on October
1, 2018.''.
Amend section 8D of the Peace Corps Act, in the quoted material in
section 2 of the bill, by adding at the end the following new
subsection:
``(g) Sunset.--This section shall cease to be effective on October
1, 2018.''.
Amend section 8E of the Peace Corps Act, in the quoted material in
section 2 of the bill--
(1) in subsection (c), by striking ``The President shall
annually conduct'' and inserting ``Annually through September
30, 2018, the President shall conduct'';
(2) in subsection (d)--
(A) in subparagraph (A), by striking ``a biennial
report'' and inserting ``a report, not later than one
year after the date of the enactment of this section,
and biennially through September 30, 2018,''; and
(B) in subparagraph (B), by striking ``not later
than two years after the date of the enactment of this
section and every three years thereafter'' and inserting
``not later than two years and five years after the date
of the enactment of this section''; and
(3) by adding at the end the following new subsection:
``(e) Portfolio Reviews.--
``(1) In general.--The President shall, at least once every
3 years, perform a review to evaluate the allocation and
delivery of resources across the countries the Peace Corps
serves or is considering for service. Such portfolio reviews
shall at a minimum include the following with respect to each
such country:
``(A) An evaluation of the country's commitment to
the Peace Corps program.
``(B) An analysis of the safety and security of
volunteers.
``(C) An evaluation of the country's need for
assistance.
``(D) An analysis of country program costs.
``(E) An evaluation of the effectiveness of
management of each post within a country.
``(F) An evaluation of the country's congruence with
the Peace Corp's mission and strategic priorities.
``(2) Briefing.--Upon request of the Chairman and Ranking
Member of the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs of the House of
Representatives, the President shall brief such committees on
each portfolio review required under paragraph (1). If
[[Page 1937]]
requested, each such briefing shall discuss performance measures
and sources of data used (such as project status reports,
volunteer surveys, impact studies, reports of Inspector General
of the Peace Corps, and any relevant external sources) in making
the findings and conclusions in such review.''.
Amend section 8I(a) of the Peace Corps Act, in the quoted material
in section 2, by inserting ``through September 30, 2018,'' after
``annually''.
Strike section 8.
Redesignate sections 9 and 10 as sections 8 and 9, respectively.
Strike section 11.
Agreed to November 1, 2011.
<> ENROLLMENT CORRECTIONS--H.R.
470
Resolved by the Senate (the House of Representatives concurring),
That, in the enrollment of the bill (H.R. 470) an Act to further
allocate and expand the availability of hydroelectric power generated at
Hoover Dam, and for other purposes, the Clerk of the House of
Representatives shall make the following corrections:
(1) In the second sentence of section 105(a)(2)(B) of the
Hoover Power Plant Act of 1984 (43 U.S.C. 619(a)) (as added by
section 2(d)), strike ``General'' and insert ``Conformed
General''.
(2) In section 2(e), strike ``as redesignated as'' and
insert ``as redesignated by''.
(3) In section 2(f), strike ``as redesignated as'' and
insert ``as redesignated by''.
(4) In section 2(g), strike ``as redesignated as'' and
insert ``as redesignated by''.
Agreed to December 7, 2011.
<> ENROLLMENT CORRECTIONS--H.R.
2061
Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill (H.R. 2061) to authorize the
presentation of a United States flag on behalf of Federal civilian
employees who die of injuries in connection with their employment, the
Clerk of the House of Representatives shall make the following
corrections:
(1) Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Service Recognition Act of
2011''.
[[Page 1938]]
SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL CIVILIAN
EMPLOYEES WHO DIE OF INJURIES INCURRED IN CONNECTION WITH
THEIR EMPLOYMENT.
(a) Presentation Authorized.--Upon receipt of a request under
subsection (b), the head of an executive agency may give a flag of the
United States for an individual who--
(1) was an employee of the agency; and
(2) dies of injuries incurred in connection with such
individual's employment with the Federal Government, suffered as
a result of a criminal act, an act of terrorism, a natural
disaster, or other circumstance as determined by the President.
(b) Request for Flag.--The head of an executive agency may furnish a
flag for a deceased employee described in subsection (a) upon the
request of--
(1) the employee's widow or widower, child, sibling, or
parent; or
(2) if no request is received from an individual described
in paragraph (1), an individual other than the next of kin as
determined by the Director of the Office of Personnel
Management.
(c) Classified Information.--The head of an executive agency may
disclose information necessary to show that a deceased individual is an
employee described in subsection (a) to the extent that such information
is not classified and to the extent that such disclosure does not
endanger the national security of the United States.
(d) Employee Notification of Flag Benefit.--The head of an executive
agency shall provide appropriate notice to employees of the agency of
the flag benefit provided for under this section.
(e) Regulations.--The Director of the Office of Personnel
Management, in coordination with the Secretary of Defense and the
Secretary of Homeland Security, may prescribe regulations to implement
this section. Any such regulations shall provide for the head of an
executive agency to consider the conditions and circumstances
surrounding the death of an employee and nature of the service of the
employee.
(f) Definitions.--In this section:
(1) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code, and
includes an officer or employee of the United States Postal
Service or of the Postal Regulatory Commission.
(2) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 105 of title 5, United States
Code, and includes the United States Postal Service and the
Postal Regulatory Commission.
(2) Amend the title so as to read: ``An Act to authorize the
presentation of a United States flag on behalf of Federal
civilian employees who die of injuries incurred in connection
with their employment.''.
Agreed to December 8, 2011.
[[Page 1939]]
<> ENROLLMENT CORRECTION--H.R.
1540
Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill H.R. 1540, the Clerk of the House of
Representatives shall strike subsection (b) of section 310 of title 37,
United States Code, as inserted by section 616(a)(2) of the bill, and
insert the following:
``(b) Special Pay Amount.--(1) Except as provided in paragraph (2),
the amount of special pay authorized by subsection (a) for qualifying
service during a day or portion of a day shall be the amount equal to 1/
30th of the maximum monthly amount of special pay payable to a member as
specified in paragraph (3).
``(2) In the case of a member who is exposed to hostile fire or a
hostile mine explosion event in or for a day or portion of a day, the
Secretary concerned may, at the election of the Secretary, pay the
member special pay under subsection (a) for such service in an amount
not to exceed the maximum monthly amount of special pay payable to a
member as specified in paragraph (3).
``(3) The maximum monthly amount of special pay payable to a member
under this subsection for any month is $225.''.
Agreed to December 15, 2011.
<> ENROLLMENT CORRECTION--H.R.
2845
Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill H.R. 2845, the Clerk of the House of
Representatives shall make the following correction: Strike all after
the enacting clause and insert the following:
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
DEFINITIONS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
(c) Definitions.--
(1) Applicability of chapter 601 definitions.--In this Act,
any term defined in chapter 601 of title 49, United States Code,
has the meaning given that term in that chapter.
(2) High-consequence area.--In this Act, the term ``high-
consequence area'' means an area described in section 60109(a)
of title 49, United States Code.
(d) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of title 49, United States Code;
definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
[[Page 1940]]
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan
compliance.
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by
pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.
Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government
personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged
businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.
SEC. 2. CIVIL PENALTIES.
(a) General Penalties; Penalty Considerations.--Section 60122 is
amended--
(1) in subsection (a)(1)--
(A) in the first sentence by striking ``$100,000''
and inserting ``$200,000''; and
(B) in the last sentence by striking ``$1,000,000''
and inserting ``$2,000,000''; and
(2) in subsection (b)(1)(B) by striking ``the ability to
pay,''.
(b) Operator Assistance in Investigations.--Section 60118(e) is
amended to read as follows:
``(e) Operator Assistance in Investigations.--
``(1) Assistance and access.--If the Secretary or the
National Transportation Safety Board investigates an accident or
incident involving a pipeline facility, the operator of the
facility shall--
``(A) make available to the Secretary or the Board
all records and information that in any way pertain to
the accident or incident, including integrity management
plans and test results; and
``(B) afford all reasonable assistance in the
investigation of the accident or incident.
``(2) Operator assistance in investigations.--
``(A) In general.--The Secretary may impose a civil
penalty under section 60122 on a person who obstructs or
prevents the Secretary from carrying out inspections or
investigations under this chapter.
``(B) Obstructs defined.--
``(i) In general.--In this paragraph, the term
`obstructs' includes actions that were known, or
reasonably should have been known, to prevent,
hinder, or impede an investigation without good
cause.
``(ii) Good cause.--In clause (i), the term
`good cause' may include actions such as
restricting access to facilities that are not
secure or safe for nonpipeline personnel or
visitors.''.
[[Page 1941]]
(c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1)
is amended by adding at the end the following: ``The maximum amount of
civil penalties for administrative enforcement actions under section
60122 shall not apply to enforcement actions under this section.''.
(d) Judicial Review of Administrative Enforcement Orders.--Section
60119(a) is amended--
(1) in the subsection heading by striking ``and Waiver
Orders'' and inserting ``, Orders, and Other Final Agency
Actions''; and
(2) by striking ``about an application for a waiver under
section 60118(c) or (d) of this title'' and inserting ``under
this chapter''.
SEC. 3. PIPELINE DAMAGE PREVENTION.
(a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
``(a) Minimum Standards.--
``(1) In general.--In order to qualify for a grant under
section 6106, a State one-call notification program, at a
minimum, shall provide for--
``(A) appropriate participation by all underground
facility operators, including all government operators;
``(B) appropriate participation by all excavators,
including all government and contract excavators; and
``(C) flexible and effective enforcement under State
law with respect to participation in, and use of, one-
call notification systems.
``(2) Exemptions prohibited.--In order to qualify for a
grant under section 6106, a State one-call notification program
may not exempt municipalities, State agencies, or their
contractors from the one-call notification system requirements
of the program.''.
(b) State Damage Prevention Programs.--Section 60134(a) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon;
(2) in paragraph (2)(B) by striking ``(b).'' and inserting
``(b); and''; and
(3) by adding at the end the following:
``(3) does not provide any exemptions to municipalities,
State agencies, or their contractors from the one-call
notification system requirements of the program.''.
(c) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of enactment of this Act.
(d) Excavation Damage.--
(1) Study.--The Secretary of Transportation shall conduct a
study on the impact of excavation damage on pipeline safety.
(2) Contents.--The study shall include--
(A) an analysis of the frequency and severity of
different types of excavation damage incidents;
(B) an analysis of exemptions to the one-call
notification system requirements in each State;
(C) a comparison of exemptions to the one-call
notification system requirements in each State to the
types of excavation damage incidents in that State; and
(D) an analysis of the potential safety benefits and
adverse consequences of eliminating all exemptions for
[[Page 1942]]
mechanized excavation from State one-call notification
systems.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the study.
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.
Section 60102 is amended--
(1) by striking subsection (j)(3); and
(2) by adding at the end the following:
``(n) Automatic and Remote-Controlled Shut-off Valves for New
Transmission Pipelines.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and after considering the factors
specified in subsection (b)(2), the Secretary, if appropriate,
shall require by regulation the use of automatic or remote-
controlled shut-off valves, or equivalent technology, where
economically, technically, and operationally feasible on
transmission pipeline facilities constructed or entirely
replaced after the date on which the Secretary issues the final
rule containing such requirement.
``(2) High-consequence area study.--
``(A) Study.--The Comptroller General of the United
States shall conduct a study on the ability of
transmission pipeline facility operators to respond to a
hazardous liquid or gas release from a pipeline segment
located in a high-consequence area.
``(B) Considerations.--In conducting the study, the
Comptroller General shall consider the swiftness of leak
detection and pipeline shutdown capabilities, the
location of the nearest response personnel, and the
costs, risks, and benefits of installing automatic and
remote-controlled shut-off valves.
``(C) Report.--Not later than 1 year after the date
of enactment of this subsection, the Comptroller General
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the results of the study.''.
SEC. 5. INTEGRITY MANAGEMENT.
(a) Evaluation.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall evaluate--
(1) whether integrity management system requirements, or
elements thereof, should be expanded beyond high-consequence
areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying integrity management program requirements, or
elements thereof, to additional areas would mitigate the need
for class location requirements.
(b) Factors.--In conducting the evaluation under subsection (a), the
Secretary shall consider, at a minimum, the following:
[[Page 1943]]
(1) The continuing priority to enhance protections for
public safety.
(2) The continuing importance of reducing risk in high-
consequence areas.
(3) The incremental costs of applying integrity management
standards to pipelines outside of high-consequence areas where
operators are already conducting assessments beyond what is
required under chapter 601 of title 49, United States Code.
(4) The need to undertake integrity management assessments
and repairs in a manner that is achievable and sustainable, and
that does not disrupt pipeline service.
(5) The options for phasing in the extension of integrity
management requirements beyond high-consequence areas, including
the most effective and efficient options for decreasing risks to
an increasing number of people living or working in proximity to
pipeline facilities.
(6) The appropriateness of applying repair criteria, such as
pressure reductions and special requirements for scheduling
remediation, to areas that are not high-consequence areas.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, based on the evaluation conducted
under subsection (a), containing the Secretary's analysis and findings
regarding--
(1) expansion of integrity management requirements, or
elements thereof, beyond high-consequence areas; and
(2) with respect to gas transmission pipeline facilities,
whether applying the integrity management program requirements,
or elements thereof, to additional areas would mitigate the need
for class location requirements.
(d) Data Reporting.--The Secretary shall collect any relevant data
necessary to complete the evaluation required by subsection (a).
(e) Technical Correction.--Section 60109(c)(3)(B) is amended to read
as follows:
``(B) Subject to paragraph (5), periodic
reassessments of the facility, at a minimum of once
every 7 calendar years, using methods described in
subparagraph (A). The Secretary may extend such deadline
for an additional 6 months if the operator submits
written notice to the Secretary with sufficient
justification of the need for the extension.''.
(f) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (c); or
(B) the date that is 3 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (c) and implement appropriate recommendations, the
Secretary shall not, during the review period, issue final
regulations described in paragraph (3)(B).
[[Page 1944]]
(3) Standards.--
(A) Findings.--As soon as practicable following the
review period, the Secretary shall issue final
regulations described in subparagraph (B), if the
Secretary finds, in the report required under subsection
(c), that--
(i) integrity management system requirements,
or elements thereof, should be expanded beyond
high-consequence areas; and
(ii) with respect to gas transmission pipeline
facilities, applying integrity management program
requirements, or elements thereof, to additional
areas would mitigate the need for class location
requirements.
(B) Regulations.--Regulations issued by the
Secretary under subparagraph (A), if any, shall--
(i) expand integrity management system
requirements, or elements thereof, beyond high-
consequence areas; and
(ii) remove redundant class location
requirements for gas transmission pipeline
facilities that are regulated under an integrity
management program adopted and implemented under
section 60109(c)(2) of title 49, United States
Code.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision
of this subsection, the Secretary, during the review
period, may issue final regulations described in
paragraph (3)(B), if the Secretary determines that a
condition that poses a risk to public safety, property,
or the environment is present or an imminent hazard
exists and that the regulations will address the risk or
hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment may
occur.
(g) Report to Congress on Risk-Based Pipeline Reassessment
Intervals.--Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall evaluate--
(1) whether risk-based reassessment intervals are a more
effective alternative for managing risks to pipelines in high-
consequence areas once baseline assessments are complete when
compared to the reassessment interval specified in section
60109(c)(3)(B) of title 49, United States Code;
(2) the number of anomalies found in baseline assessments
required under section 60109(c)(3)(A) of title 49, United States
Code, as compared to the number of anomalies found in
reassessments required under section 60109(c)(3)(B) of such
title; and
(3) the progress made in implementing the recommendations in
GAO Report 06-945 and the current relevance of those
recommendations that have not been implemented.
SEC. 6. PUBLIC EDUCATION AND AWARENESS.
(a) National Pipeline Mapping System.--Section 60132 is amended by
adding at the end the following:
[[Page 1945]]
``(d) Map of High-consequence Areas.--The Secretary shall--
``(1) maintain, as part of the National Pipeline Mapping
System, a map of designated high-consequence areas (as described
in section 60109(a)) in which pipelines are required to meet
integrity management program regulations, excluding any
proprietary or sensitive security information; and
``(2) update the map biennially.
``(e) Program To Promote Awareness of National Pipeline Mapping
System.--Not later than 1 year after the date of enactment of this
subsection, the Secretary shall develop and implement a program
promoting greater awareness of the existence of the National Pipeline
Mapping System to State and local emergency responders and other
interested parties. The program shall include guidance on how to use the
National Pipeline Mapping System to locate pipelines in communities and
local jurisdictions.''.
(b) Information to Emergency Response Agencies.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance to
owners and operators of pipeline facilities on the importance of
providing system-specific information about their pipeline
facilities to emergency response agencies of the communities and
jurisdictions in which those facilities are located.
(2) Consultation.--Before issuing guidance under paragraph
(1), the Secretary shall consult with owners and operators of
pipeline facilities to determine the extent to which the owners
and operators are already providing system-specific information
about their pipeline facilities to emergency response agencies.
(c) Response Plans.--
(1) In general.--Chapter 601 is amended by adding at the end
the following:
``Sec. 60138. Response plans
``(a) In General.--The Secretary of Transportation shall--
``(1) maintain on file a copy of the most recent response
plan (as defined in part 194 of title 49, Code of Federal
Regulations) prepared by an owner or operator of a pipeline
facility; and
``(2) provide upon written request to a person a copy of the
plan, which may exclude, as the Secretary determines
appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations;
``(C) specific response resources and tactical
resource deployment plans; and
``(D) the specific amount and location of worst case
discharges (as defined in part 194 of title 49, Code of
Federal Regulations), including the process by which an
owner or operator determines the worst case discharge.
``(b) Relationship to FOIA.--Nothing in this section may be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(2) Clerical amendment.--The analysis for chapter 601 is
amended by inserting after the item relating to section 60137
the following:
``60138. Response plans.''.
[[Page 1946]]
SEC. 7. CAST IRON GAS PIPELINES.
(a) Follow-Up Surveys.--Section 60108(d) is amended by adding at the
end the following:
``(4) Not later than December 31, 2012, and every 2 years
thereafter, the Secretary shall conduct a follow-up survey to measure
the progress that owners and operators of pipeline facilities have made
in adopting and implementing their plans for the safe management and
replacement of cast iron gas pipelines.''.
(b) Status Report.--Not later than December 31, 2013, the Secretary
of Transportation shall transmit to the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) identifies the total mileage of cast iron gas pipelines
in the United States; and
(2) evaluates the progress that owners and operators of
pipeline facilities have made in implementing their plans for
the safe management and replacement of cast iron gas pipelines.
SEC. 8. LEAK DETECTION.
(a) Leak Detection Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the
House of Representatives a report on leak detection systems
utilized by operators of hazardous liquid pipeline facilities
and transportation-related flow lines.
(2) Contents.--The report shall include--
(A) an analysis of the technical limitations of
current leak detection systems, including the ability of
the systems to detect ruptures and small leaks that are
ongoing or intermittent, and what can be done to foster
development of better technologies; and
(B) an analysis of the practicability of
establishing technically, operationally, and
economically feasible standards for the capability of
such systems to detect leaks, and the safety benefits
and adverse consequences of requiring operators to use
leak detection systems.
(b) Rulemaking Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (a); or
(B) the date that is 2 years after the date of
enactment of this Act.
(2) Congressional authority.--In order to provide Congress
the necessary time to review the results of the report required
by subsection (a) and implement appropriate recommendations, the
Secretary, during the review period, shall not issue final
regulations described in paragraph (3).
(3) Standards.--As soon as practicable following the review
period, if the report required by subsection (a) finds
[[Page 1947]]
that it is practicable to establish technically, operationally,
and economically feasible standards for the capability of leak
detection systems to detect leaks, the Secretary shall issue
final regulations that--
(A) require operators of hazardous liquid pipeline
facilities to use leak detection systems where
practicable; and
(B) establish technically, operationally, and
economically feasible standards for the capability of
such systems to detect leaks.
(4) Savings clause.--
(A) In general.--Notwithstanding any other provision
of this subsection, the Secretary, during the review
period, may issue final regulations described in
paragraph (3) if the Secretary determines that a
condition that poses a risk to public safety, property,
or the environment is present or an imminent hazard
exists and that the regulations will address the risk or
hazard.
(B) Imminent hazard defined.--In subparagraph (A),
the term ``imminent hazard'' means the existence of a
condition related to pipelines or pipeline operations
that presents a substantial likelihood that death,
serious illness, severe personal injury, or substantial
endangerment to health, property, or the environment may
occur.
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION.
(a) Revision of Regulations.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Transportation shall
revise regulations issued under sections 191.5 and 195.52 of title 49,
Code of Federal Regulations, to establish specific time limits for
telephonic or electronic notice of accidents and incidents involving
pipeline facilities to the Secretary and the National Response Center.
(b) Minimum Requirements.--In revising the regulations, the
Secretary, at a minimum, shall--
(1) establish time limits for telephonic or electronic
notification of an accident or incident to require such
notification at the earliest practicable moment following
confirmed discovery of an accident or incident and not later
than 1 hour following the time of such confirmed discovery;
(2) review procedures for owners and operators of pipeline
facilities and the National Response Center to provide thorough
and coordinated notification to all relevant State and local
emergency response officials, including 911 emergency call
centers, for the jurisdictions in which those pipeline
facilities are located in the event of an accident or incident,
and revise such procedures as appropriate; and
(3) require such owners and operators to revise their
initial telephonic or electronic notice to the Secretary and the
National Response Center with an estimate of the amount of the
product released, an estimate of the number of fatalities and
injuries, if any, and any other information determined
appropriate by the Secretary within 48 hours of the accident or
incident, to the extent practicable.
(c) Updating of Reports.--After receiving revisions described in
subsection (b)(3), the National Response Center shall update the initial
report on an accident or incident instead of generating a new report.
[[Page 1948]]
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN
COMPLIANCE.
(a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each
amended by striking ``Administrator or'' and inserting ``Administrator,
the Secretary of Transportation, or''.
(b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking
``operating or'' and inserting ``operating, the Secretary of
Transportation, or''.
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.
(a) In General.--Section 60132(a) is amended by adding at the end
the following:
``(4) Any other geospatial or technical data, including
design and material specifications, that the Secretary
determines are necessary to carry out the purposes of this
section. The Secretary shall give reasonable notice to operators
that the data are being requested.''.
(b) Disclosure Limited to FOIA Requirements.--Section 60132, as
amended by this Act, is further amended by adding at the end the
following:
``(f) Public Disclosure Limited.--The Secretary may not disclose
information collected pursuant to subsection (a) except to the extent
permitted by section 552 of title 5.''.
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(o) Transportation-Related Oil Flow Lines.--
``(1) Data collection.--The Secretary may collect geospatial
or technical data on transportation-related oil flow lines,
including unregulated transportation-related oil flow lines.
``(2) Transportation-related oil flow line defined.--In this
subsection, the term `transportation-related oil flow line'
means a pipeline transporting oil off of the grounds of the well
where it originated and across areas not owned by the producer,
regardless of the extent to which the oil has been processed, if
at all.
``(3) Limitation.--Nothing in this subsection authorizes the
Secretary to prescribe standards for the movement of oil through
production, refining, or manufacturing facilities or through oil
production flow lines located on the grounds of wells.''.
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.
(a) In General.--Section 60117(n) is amended to read as follows:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--
``(A) Review costs.--For any project described in
subparagraph (B), if the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a gas or hazardous liquid
pipeline facility or liquefied natural gas pipeline
facility, including construction inspections and
oversight, the Secretary may require the person
proposing the project to pay the costs incurred by the
Secretary relating to such reviews. If the
[[Page 1949]]
Secretary exercises the cost recovery authority
described in this paragraph, the Secretary shall
prescribe a fee structure and assessment methodology
that is based on the costs of providing these reviews
and shall prescribe procedures to collect fees under
this paragraph. The Secretary may not collect design
safety review fees under this paragraph and section
60301 for the same design safety review.
``(B) Projects to which applicable.--Subparagraph
(A) applies to any project that--
``(i) has design and construction costs
totaling at least $2,500,000,000, as periodically
adjusted by the Secretary to take into account
increases in the Consumer Price Index for all-
urban consumers published by the Department of
Labor, based on--
``(I) the cost estimate provided to
the Federal Energy Regulatory Commission
in an application for a certificate of
public convenience and necessity for a
gas pipeline facility or an application
for authorization for a liquefied
natural gas pipeline facility; or
``(II) a good faith estimate
developed by the person proposing a
hazardous liquid pipeline facility and
submitted to the Secretary; or
``(ii) uses new or novel technologies or
design, as determined by the Secretary.
``(2) Notification.--For any new pipeline facility
construction project in which the Secretary will conduct design
reviews, the person proposing the project shall notify the
Secretary and provide the design specifications, construction
plans and procedures, and related materials at least 120 days
prior to the commencement of construction. To the maximum extent
practicable, not later than 90 days after receiving such design
specifications, construction plans and procedures, and related
materials, the Secretary shall provide written comments,
feedback, and guidance on the project.
``(3) Pipeline safety design review fund.--
``(A) Establishment.--There is established a
Pipeline Safety Design Review Fund in the Treasury of
the United States.
``(B) Deposits.--The Secretary shall deposit funds
paid under this subsection into the Fund.
``(C) Use.--Amounts in the Fund shall be available
to the Secretary, in amounts specified in appropriations
Acts, to offset the costs of conducting facility design
safety reviews under this subsection.
``(4) No additional permitting authority.--Nothing in this
subsection may be construed as authorizing the Secretary to
require a person to obtain a permit before beginning design and
construction in connection with a project described in paragraph
(1)(B).''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue guidance to
clarify the meaning of the term ``new or novel technologies or design''
as used in section 60117(n)(1)(B)(ii) of title 49, United States Code,
as amended by subsection (a) of this section.
[[Page 1950]]
SEC. 14. BIOFUEL PIPELINES.
Section 60101(a)(4) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) nonpetroleum fuel, including biofuel, that is
flammable, toxic, or corrosive or would be harmful to
the environment if released in significant quantities;
and''.
SEC. 15. CARBON DIOXIDE PIPELINES.
Section 60102(i) is amended--
(1) by striking ``The Secretary shall regulate'' and
inserting the following:
``(1) Transportation in liquid state.--The Secretary shall
regulate''.
(2) by adding at the end the following new paragraph:
``(2) Transportation in gaseous state.--
``(A) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards for the
transportation of carbon dioxide by pipeline in a
gaseous state.
``(B) Considerations.--In establishing the
standards, the Secretary shall consider whether applying
the minimum safety standards in part 195 of title 49,
Code of Federal Regulations, as in effect on the date of
enactment of this paragraph, for the transportation of
carbon dioxide in a liquid state to the transportation
of carbon dioxide in a gaseous state would ensure
safety.
``(3) Limitation on statutory construction.--Nothing in this
subsection authorizes the Secretary to regulate piping or
equipment used in the production, extraction, recovery, lifting,
stabilization, separation, or treatment of carbon dioxide or the
preparation of carbon dioxide for transportation by pipeline at
production, refining, or manufacturing facilities.''.
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Transportation shall complete a comprehensive review of
hazardous liquid pipeline facility regulations to determine whether the
regulations are sufficient to regulate pipeline facilities used for the
transportation of diluted bitumen. In conducting the review, the
Secretary shall conduct an analysis of whether any increase in the risk
of a release exists for pipeline facilities transporting diluted
bitumen. The Secretary shall report the results of the review to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY
PIPELINE.
The Secretary of Transportation may conduct an analysis of the
transportation of nonpetroleum hazardous liquids by pipeline facility
for the purpose of identifying the extent to which pipeline facilities
are currently being used to transport nonpetroleum hazardous liquids,
such as chlorine, from chemical production facilities across land areas
not owned by the producer that are accessible
[[Page 1951]]
to the public. The analysis should identify the extent to which the
safety of the pipeline facilities is unregulated by the States and
evaluate whether the transportation of such chemicals by pipeline
facility across areas accessible to the public would present significant
risks to public safety, property, or the environment in the absence of
regulation. The results of the analysis shall be made available to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 18. CLARIFICATIONS.
(a) Inspection and Maintenance.--Section 60108(a)(1) is amended by
striking ``an intrastate'' and inserting ``a''.
(b) Owner and Operator.--Section 60102(a)(2)(A) is amended by
striking ``owners and operators'' and inserting ``any or all of the
owners or operators''.
SEC. 19. MAINTENANCE OF EFFORT.
Section 60107(b) is amended by adding at the end the following:
``For each of fiscal years 2012 and 2013, the Secretary shall grant such
a waiver to a State if the State can demonstrate an inability to
maintain or increase the required funding share of its safety program at
or above the level required by this subsection due to economic hardship
in that State. For fiscal year 2014, and each fiscal year thereafter,
the Secretary may grant such a waiver to a State if the State can make
the demonstration described in the preceding sentence.''.
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.
(a) Issuance of Regulations.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations--
(A) requiring hearings under sections 60112, 60117,
60118, and 60122 of title 49, United States Code, to be
convened before a presiding official;
(B) providing the opportunity for any person
requesting a hearing under section 60112, 60117, 60118,
or 60122 of such title to arrange for a transcript of
the hearing, at the expense of the requesting person;
(C) ensuring expedited review of any order issued
pursuant to section 60112(e) of such title;
(D) implementing a separation of functions between
personnel involved with the investigation and
prosecution of an enforcement case and advising the
Secretary on findings and determinations; and
(E) prohibiting ex-parte communication relevant to
the question to be decided in such a case by parties to
an investigation or hearing.
(2) Presiding official.--The regulations issued under this
subsection shall--
(A) define the term ``presiding official'' to mean
the person who conducts any hearing relating to civil
penalty assessments, compliance orders, safety orders,
or corrective action orders; and
(B) require that the presiding official be an
attorney on the staff of the Deputy Chief Counsel of the
Pipeline
[[Page 1952]]
and Hazardous Materials Safety Administration that is
not engaged in investigative or prosecutorial functions,
including the preparation of notices of probable
violations, notices relating to civil penalty
assessments, notices relating to compliance, or notices
of proposed corrective actions.
(3) Expedited review.--The regulations issued under this
subsection shall define the term ``expedited review'' for the
purposes of paragraph (1)(C).
(b) Standards of Judicial Review.--Section 60119(a) is amended by
adding at the end the following new paragraph:
``(3) A judicial review of agency action under this section shall
apply the standards of review established in section 706 of title 5.''.
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.
(a) Review.--The Secretary of Transportation shall conduct a review
of existing Federal and State regulations for gas and hazardous liquid
gathering lines located onshore and offshore in the United States,
including within the inlets of the Gulf of Mexico.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the review.
(2) Recommendations.--The report shall include the
Secretary's recommendations with respect to--
(A) the sufficiency of existing Federal and State
laws and regulations to ensure the safety of gas and
hazardous liquid gathering lines;
(B) the economic impacts, technical practicability,
and challenges of applying existing Federal regulations
to gathering lines that are not currently subject to
Federal regulation when compared to the public safety
benefits; and
(C) subject to a risk-based assessment, the need to
modify or revoke existing exemptions from Federal
regulation for gas and hazardous liquid gathering lines.
(c) Offshore Gathering Lines.--Section 60108(c) is amended by adding
at the end the following:
``(8) If, after reviewing existing Federal and State regulations for
hazardous liquid gathering lines located offshore in the United States,
including within the inlets of the Gulf of Mexico, the Secretary
determines it is appropriate, the Secretary shall issue regulations,
after notice and an opportunity for a hearing, subjecting offshore
hazardous liquid gathering lines and hazardous liquid gathering lines
located within the inlets of the Gulf of Mexico to the same standards
and regulations as other hazardous liquid gathering lines. The
regulations issued under this paragraph shall not apply to production
pipelines or flow lines.''.
SEC. 22. EXCESS FLOW VALVES.
Section 60109(e)(3) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
[[Page 1953]]
``(B) Distribution branch services, multifamily
facilities, and small commercial facilities.--Not later
than 2 years after the date of enactment of the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of
2011, and after issuing a final report on the evaluation
of the National Transportation Safety Board's
recommendation on excess flow valves in applications
other than service lines serving one single family
residence, the Secretary, if appropriate, shall by
regulation require the use of excess flow valves, or
equivalent technology, where economically, technically,
and operationally feasible on new or entirely replaced
distribution branch services, multifamily facilities,
and small commercial facilities.''.
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.
(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 60139. Maximum allowable operating pressure
``(a) Verification of Records.--
``(1) In general.--The Secretary of Transportation shall
require each owner or operator of a pipeline facility to
conduct, not later than 6 months after the date of enactment of
this section, a verification of the records of the owner or
operator relating to the interstate and intrastate gas
transmission pipelines of the owner or operator in class 3 and
class 4 locations and class 1 and class 2 high-consequence
areas.
``(2) Purpose.--The purpose of the verification shall be to
ensure that the records accurately reflect the physical and
operational characteristics of the pipelines described in
paragraph (1) and confirm the established maximum allowable
operating pressure of the pipelines.
``(3) Elements.--The verification process under this
subsection shall include such elements as the Secretary
considers appropriate.
``(b) Reporting.--
``(1) Documentation of certain pipelines.--Not later than 18
months after the date of enactment of this section, each owner
or operator of a pipeline facility shall identify and submit to
the Secretary documentation relating to each pipeline segment of
the owner or operator described in subsection (a)(1) for which
the records of the owner or operator are insufficient to confirm
the established maximum allowable operating pressure of the
segment.
``(2) Exceedances of maximum allowable operating pressure.--
If there is an exceedance of the maximum allowable operating
pressure with respect to a gas transmission pipeline of an owner
or operator of a pipeline facility that exceeds the build-up
allowed for operation of pressure-limiting or control devices,
the owner or operator shall report the exceedance to the
Secretary and appropriate State authorities on or before the 5th
day following the date on which the exceedance occurs.
``(c) Determination of Maximum Allowable Operating Pressure.--
``(1) In general.--In the case of a transmission line of an
owner or operator of a pipeline facility identified under
subsection (b)(1), the Secretary shall--
[[Page 1954]]
``(A) require the owner or operator to reconfirm a
maximum allowable operating pressure as expeditiously as
economically feasible; and
``(B) determine what actions are appropriate for the
pipeline owner or operator to take to maintain safety
until a maximum allowable operating pressure is
confirmed.
``(2) Interim actions.--In determining the actions for an
owner or operator of a pipeline facility to take under paragraph
(1)(B), the Secretary shall take into account potential
consequences to public safety and the environment, potential
impacts on pipeline system reliability and deliverability, and
other factors, as appropriate.
``(d) Testing Regulations.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall issue
regulations for conducting tests to confirm the material
strength of previously untested natural gas transmission
pipelines located in high-consequence areas and operating at a
pressure greater than 30 percent of specified minimum yield
strength.
``(2) Considerations.--In developing the regulations, the
Secretary shall consider safety testing methodologies,
including, at a minimum--
``(A) pressure testing; and
``(B) other alternative methods, including in-line
inspections, determined by the Secretary to be of equal
or greater effectiveness.
``(3) Completion of testing.--The Secretary, in consultation
with the Chairman of the Federal Energy Regulatory Commission
and State regulators, as appropriate, shall establish timeframes
for the completion of such testing that take into account
potential consequences to public safety and the environment and
that minimize costs and service disruptions.
``(e) High-consequence Area Defined.--In this section, the term
`high-consequence area' means an area described in section 60109(a).''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60138 the following:
``60139. Maximum allowable operating pressure.''.
SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.
Section 60102, as amended by this Act, is further amended by adding
at the end the following:
``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 year after the date of enactment of this subsection, the
Secretary may not issue guidance or a regulation pursuant to this
chapter that incorporates by reference any documents or portions thereof
unless the documents or portions thereof are made available to the
public, free of charge, on an Internet Web site.''.
SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT
PERSONNEL.
(a) In General.--To further the objectives of chapter 601 of title
49, United States Code, the Secretary of Transportation may provide the
services of personnel from the Pipeline and Hazardous
[[Page 1955]]
Materials Safety Administration to provide training for State and local
government personnel at a pipeline safety training facility that is
established and operated by an agency or instrumentality of the United
States, a unit of State or local government, or an educational
institution.
(b) Reimbursements for Training Expenditures.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary may require reimbursement from sources other than
the Federal Government for all expenses incurred by the
Secretary in providing training for State and local government
personnel under subsection (a), including salaries, expenses,
transportation for Pipeline and Hazardous Materials Safety
Administration personnel, and the cost of training materials.
(2) Authorization of appropriations.--Amounts collected as
reimbursement under paragraph (1) are authorized to be
appropriated for the purposes set forth in chapter 601 of title
49, United States Code.
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED
BUSINESSES.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, based upon available
information, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce of the House of
Representatives a comprehensive report assessing the levels and types of
participation and methods of facilitating the participation of minority-
owned business enterprises, woman-owned business enterprises, and
disadvantaged business enterprises in the construction and operation of
pipeline facilities in the United States.
SEC. 27. REPORT ON PIPELINE PROJECTS.
(a) Study.--The Comptroller General of the United States shall
conduct a comprehensive study regarding the process for obtaining
Federal and State permits for projects to construct pipeline facilities.
(b) Evaluation.--In conducting the study, the Comptroller General
shall evaluate how long it takes to issue permits for pipeline
construction projects, the relationship between the States and the
Federal Government in issuing such permits, and any recommendations from
the States for improving the permitting process.
(c) Consultation.--In conducting the study, the Comptroller General
shall consult with the Committee on Transportation and Infrastructure
and the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the results of the
study.
SEC. 28. COVER OVER BURIED PIPELINES.
(a) In General.--Chapter 601, as amended by this Act, is further
amended by adding at the end the following:
[[Page 1956]]
``Sec. 60140. Cover over buried pipelines
``(a) Hazardous Liquid Pipeline Incidents Involving Buried
Pipelines.--
``(1) Study.--The Secretary of Transportation shall conduct
a study of hazardous liquid pipeline incidents at crossings of
inland bodies of water with a width of at least 100 feet from
high water mark to high water mark to determine if the depth of
cover over the buried pipeline was a factor in any accidental
release of hazardous liquids.
``(2) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure and the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the study.
``(b) Assessment of Current Requirements for Depth of Cover Over
Buried Pipelines.--
``(1) In general.--If, following completion of the study
under subsection (a), the Secretary finds that the depth of
cover over buried pipelines is a contributing factor in the
accidental release of hazardous liquids from the pipelines, the
Secretary, not later than 1 year after the date of completion of
the study, shall review and determine the sufficiency of current
requirements for the depth of cover over buried pipelines.
``(2) Legislative recommendations.--
``(A) Development.--If the Secretary determines
under paragraph (1) that the current requirements for
the depth of cover over buried pipelines are
insufficient, the Secretary shall develop legislative
recommendations for improving the safety of buried
pipelines at crossings of inland bodies of water with a
width of at least 100 feet from high water mark to high
water mark.
``(B) Consideration of factors.--In developing
legislative recommendations under subparagraph (A), the
Secretary shall consider the factors specified in
section 60102(b)(2).
``(C) Report to congress.--If the Secretary develops
legislative recommendations under subparagraph (A), the
Secretary shall submit to the committees referred to in
subsection (a)(2) a report containing the legislative
recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 601 is amended by
inserting after the item relating to section 60139 the following:
``60140. Cover over buried pipelines.''.
SEC. 29. SEISMICITY.
In identifying and evaluating all potential threats to each pipeline
segment pursuant to parts 192 and 195 of title 49, Code of Federal
Regulations, an operator of a pipeline facility shall consider the
seismicity of the area.
SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall develop and implement a
[[Page 1957]]
protocol for consulting with Indian tribes to provide technical
assistance for the regulation of pipelines that are under the
jurisdiction of Indian tribes.
SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.
(a) Inspection and Enforcement Needs.--Not later than 12 months
after the date of enactment of this Act, the Secretary of Transportation
shall submit to the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that provides information on--
(1) the total number of full-time equivalent positions for
pipeline inspection and enforcement personnel at the Pipeline
and Hazardous Materials Safety Administration;
(2) out of the total number of such positions, how many of
the positions are not filled and the reasons why the positions
are not filled;
(3) the actions the Administrator of the Pipeline and
Hazardous Materials Safety Administration is taking to fill the
positions; and
(4) any additional inspection and enforcement resource needs
of the Pipeline and Hazardous Materials Safety Administration.
(b) Staffing.--Subject to the availability of funds, the Secretary
may increase the number of positions for pipeline inspection and
enforcement personnel at the Pipeline and Hazardous Materials Safety
Administration by 10 full-time equivalent employees, if--
(1) on or before September 30, 2014, the Secretary fills the
135 full-time equivalent positions for pipeline inspection and
enforcement personnel specified in section 18(e) of the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006 (120
Stat. 3498); and
(2) in preparing the report under subsection (a), the
Secretary finds that additional pipeline inspection and
enforcement personnel are necessary.
SEC. 32. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--To carry out the provisions of this
chapter related to gas and hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), there is authorized to be
appropriated to the Department of Transportation for each of
fiscal years 2012 through 2015, from fees collected under
section 60301, $90,679,000, of which $4,746,000 is for carrying
out such section 12 and $36,194,000 is for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1), there is
authorized to be appropriated for each of fiscal years 2012
through 2015 from the Oil Spill Liability Trust Fund to carry
out the provisions of this chapter related to hazardous liquid
and section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107-355), $18,573,000, of
which $2,174,000 is for carrying out such section 12 and
$4,558,000 is for making grants.''.
[[Page 1958]]
(b) Emergency Response Grants.--Section 60125(b)(2) is amended by
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
(c) One-Call Notification Programs.--Section 6107 is amended--
(1) in subsection (a) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.'';
(2) in subsection (b) by striking ``2007 through 2010.'' and
inserting ``2012 through 2015.''; and
(3) by striking subsection (c).
(d) State Damage Prevention Programs.--Section 60134 is amended by
adding at the end the following:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall
remain available until expended.''.
(e) Community Pipeline Safety Information Grants.--Section 60130 is
amended--
(1) in subsection (a)(1) by striking ``$50,000'' and
inserting ``$100,000'';
(2) in subsection (b)--
(A) by inserting ``to grant recipients and their
contractors'' after ``this section''; and
(B) by inserting ``, for direct advocacy for or
against a pipeline construction or expansion project,''
after ``for lobbying''; and
(3) in subsection (d) by striking ``$1,000,000 for each of
the fiscal years 2003 through 2010'' and inserting ``$1,500,000
for each of fiscal years 2012 through 2015''.
(f) Pipeline Transportation Research and Development.--Section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is
amended--
(1) in subsection (d) by adding at the end the following:
``(3) Ongoing pipeline transportation research and
development.--
``(A) In general.--After the initial 5-year program
plan has been carried out by the participating agencies,
the Secretary of Transportation, in coordination with
the Director of the National Institute of Standards and
Technology, as appropriate, shall prepare a research and
development program plan every 5 years thereafter and
shall transmit a report to Congress on the status and
results-to-date of implementation of the program every 2
years. The biennial report shall include a summary of
updated research needs and priorities identified through
the consultation requirements of paragraph (2).
``(B) Consultation.--The Secretary shall comply with
the consultation requirements of paragraph (2) when
preparing the program plan and in the selection and
prioritization of research and development projects.
``(C) Funding from non-federal sources.--The
Secretary shall ensure at least 30 percent of the costs
of program-wide research and development activities are
carried out using non-Federal sources.''.
[[Page 1959]]
(2) in subsection (f) by striking ``2003 through 2006.'' and
inserting ``2012 through 2015.''.
Agreed to December 15, 2011.