Sec. 12. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND DEVELOPMENT
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## SEC. 12 PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND DEVELOPMENT **[**[49 U.S.C. 60101 note](/us/usc/t49/s60101)**]** ###
(a)In General The heads of the participating agencies shall carry out a program of research, development, demonstration, and standardization to ensure the integrity of pipeline facilities. ###
(b)Memorandum of Understanding ####
(1)In general Not later than 120 days after the date of enactment of this Act, the heads of the participating agencies shall enter into a memorandum of understanding detailing their respective responsibilities in the program authorized by subsection (a). ####
(2)Areas of expertise Under the memorandum of understanding, each of the participating agencies shall have the primary responsibility for ensuring that the elements of the program within its expertise are implemented in accordance with this section. The Department of Transportation's responsibilities shall reflect its lead role in pipeline safety and expertise in pipeline inspection, integrity management, and damage prevention. The Department of Energy's responsibilities shall reflect its expertise in system reliability, low-volume gas leak detection, and surveillance technologies. The National Institute of Standards and Technology's responsibilities shall reflect its expertise in materials research and assisting in the development of consensus technical standards, as that term is used in section 12(d)(4) of Public Law 104–13 (15 U.S.C. 272 note). ###
(c)Program Elements The program authorized by subsection
(a)shall include research, development, demonstration, and standardization activities related to— ####
(1)materials inspection; ####
(2)stress and fracture analysis, detection of cracks, abrasion, and other abnormalities inside pipelines that lead to pipeline failure, and development of new equipment or technologies that are inserted into pipelines to detect anomalies; ####
(3)internal inspection and leak detection technologies, including detection of leaks at very low volumes; ####
(4)methods of analyzing content of pipeline throughput; ####
(5)pipeline security, including improving the real-time surveillance of pipeline rights-of-way, developing tools for evaluating and enhancing pipeline security and infrastructure, reducing natural, technological, and terrorist threats, and protecting first response units and persons near an incident; ####
(6)risk assessment methodology, including vulnerability assessment and reduction of third-party damage; ####
(7)communication, control, and information systems surety; ####
(8)fire safety of pipelines; ####
(9)improved excavation, construction, and repair technologies; ####
(10)corrosion detection and improving methods, best practices, and technologies for identifying, detecting, preventing, and managing internal and external corrosion and other safety risks; and ####
(11)other appropriate elements. The results of activities carried out under paragraph
(10)shall be used by the participating agencies to support development and improvement of national consensus standards. ###
(d)Program Plan ####
(1)In general Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Energy and the Director of the National Institute of Standards and Technology, shall prepare and transmit to Congress a 5-year program plan to guide activities under this section. Such program plan shall be submitted to the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee for review, and the report to Congress shall include the comments of the committees. The 5-year program plan shall be based on the memorandum of understanding under subsection
(b)and take into account related activities of other Federal agencies. ####
(2)Consultation In preparing the program plan and selecting and prioritizing appropriate project proposals, the Secretary of Transportation shall consult with or seek the advice of appropriate representatives of the natural gas, crude oil, and petroleum product pipeline industries, utilities, manufacturers, institutions of higher learning, Federal agencies, pipeline research institutions, national laboratories, State pipeline safety officials, labor organizations, environmental organizations, pipeline safety advocates, and professional and technical societies. ####
(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 that— ######
(i)at least 30 percent of the costs of technology research and development activities may be carried out using non-Federal sources; ######
(ii)at least 20 percent of the costs of basic research and development with universities may be carried out using non-Federal sources; and ######
(iii)up to 100 percent of the costs of research and development for purely governmental purposes may be carried out using Federal funds. ###
(e)Reports to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the heads of the participating agencies shall transmit jointly to Congress a report on the status and results to date of the implementation of the program plan prepared under subsection (d). ###
(f)Pipeline Integrity Program Of the amounts available in the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be transferred to the Secretary of Transportation, as provided in appropriation Acts, to carry out programs for detection, prevention, and mitigation of oil spills for each of the fiscal years 2021 through 2023. ###
(g)Participating Agencies Defined In this section, the term “**participating agencies**” means the Department of Transportation, the Department of Energy, and the National Institute of Standards and Technology. ###
(h)Independent Experts Not later than 180 days after the date of enactment of the PIPES Act of 2016, the Secretary shall— ####
(1)implement processes and procedures to ensure that activities listed under subsection (c), to the greatest extent practicable, produce results that are peer-reviewed by independent experts and not by persons or entities that have a financial interest in the pipeline, petroleum, or natural gas industries, or that would be directly impacted by the results of the projects; and ####
(2)submit to the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the processes and procedures implemented under paragraph (1). ###
(i)Conflict of Interest The Secretary shall take all practical steps to ensure that each recipient of an agreement under this section discloses in writing to the Secretary any conflict of interest on a research and development project carried out under this section, and includes any such disclosure as part of the final deliverable pursuant to such agreement. The Secretary may not make an award under this section directly to a pipeline owner or operator that is regulated by the Pipeline and Hazardous Materials Safety Administration or a State-certified regulatory authority if there is a conflict of interest relating to such owner or operator.
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- Pub. L. 104-13
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Sec. 12
PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND DEVELOPMENT
Pub. L.Pub. L. 104-13
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