[House Report 113-152]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-152
HOUSE OF REPRESENTATIVES
1st Session Part 1
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AMENDING TITLE 49, UNITED STATES CODE, TO MODIFY REQUIREMENTS RELATING
TO THE AVAILABILITY OF PIPELINE SAFETY REGULATORY DOCUMENTS, AND FOR
OTHER PURPOSES
_______
July 16, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2576]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2576) to amend title 49, United
States Code, to modify requirements relating to the
availability of pipeline safety regulatory documents, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 5
Federal Mandate Statement........................................ 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
H.R. 2576 amends title 49, United States Code, to modify
requirements relating to the availability of pipeline safety
regulatory documents. The bill corrects an unintended
consequence of the Pipeline Safety, Regulatory Certainty, and
Job Creation Act of 2011.
Background and Need for Legislation
For many years, government agencies have used standards and
other materials published by standards development
organizations (SDOs) as one means of satisfying regulatory
objectives. In 1982, the Office of Management and Budget (OMB)
promulgated OMB Circular A-119, which required federal agencies
to use privately developed voluntary consensus standards in
lieu of government-unique standards in their procurement and
regulatory activities, except where inconsistent with law or
otherwise impractical. The use of such standards, whenever
practicable and appropriate, was intended to achieve the
following goals: (1) eliminate the cost to the government of
developing its own standards and decrease the cost of goods
procured and the burden of complying with agency regulation;
(2) provide incentives and opportunities to establish standards
that serve national needs; (3) encourage long-term growth for
U.S. enterprises and promote efficiency and economic
competition through harmonization of standards; and (4) further
the policy of reliance upon the private sector to supply
government needs for goods and services.
In 1996, Congress passed the National Technology Transfer
and Advancement Act, codifying the requirements contained in
the OMB Circular into law. Therefore, by law, federal agencies
are required to use such voluntary consensus standards, instead
of expending resources to create their own, unless use of such
standards would be inconsistent with applicable law or
otherwise impractical. Oftentimes, instead of reprinting the
standards into the federal regulations, agencies simply
reference the voluntary consensus standards by name, a practice
more commonly known as ``incorporation by reference.'' SDOs
maintain that the practice of incorporation by reference has a
number of benefits, including dramatically reducing costs to
the government of developing its own standards, preventing
duplicative and conflicting government-imposed standards, and
allowing agencies to use standards that are already recognized
and accepted in the United States and around the world, which
result in a public-private partnership that enhances public
safety and health while saving government agencies and
taxpayers money. Many safety advocates, universities,
researchers, and state and local communities, however, have
raised concerns about the lack of transparency and openness in
reviewing the voluntary consensus standards, particularly when
incorporated into federal safety regulations.
In 2011, the bipartisan Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Pipeline Safety Act)
became law. In an effort to ensure public access to pipeline
standards, section 24 of the Pipeline Safety Act included a
provision, codified at section 60102(p) of title 49, United
States Code, that requires the Pipeline and Hazardous Materials
Safety Administration (PHMSA) to make any document, or portion
thereof, incorporated by reference into PHMSA regulations or
guidance publicly available, free of charge, on an internet
website. Acting in good faith, the intent was to ensure
transparency and openness in government regulation, but an
unintended consequence arose with regard to some SDOs whose
business model could be jeopardized by allowing internet access
to its standards. H.R. 2576 will ensure that the provisions of
the Pipeline Safety Act support broader public availability of
voluntary consensus standards and related information to the
general public for non-commercial purposes--consistent with
existing law and regulations--while also maintaining the
invaluable public-private partnership between the private
sector and government agencies. H.R. 2576 provides PHMSA with
the flexibility necessary to continue to work with SDOs to
improve regulatory outcomes and ensure that materials
incorporated by reference are made available to the public.
Hearings
No hearings were held on H.R. 2576.
Legislative History and Consideration
On June 28, 2013, Representatives Bill Shuster, Jeff
Denham, Nick Rahall, and Corrine Brown introduced H.R. 2576 to
ensure the protection of intellectual property and copyrights
of standard development organizations while providing public
access to documents incorporated by reference into pipeline
safety regulations. On July 10, 2013, the Committee on
Transportation and Infrastructure met in open session and
ordered the bill reported favorably to the House by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 2576.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 2576 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 11, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2576, a bill to
amend title 49, United States Code, to modify requirements
relating to the availability of pipeline safety regulatory
documents, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide PHMSA greater flexibility in providing public access to
documents incorporated by reference into pipeline safety
regulations.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R. 2576 establishes
or reauthorizes a program of the federal government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that enacting H.R. 2576 does not
specifically direct the completion of any specific rule makings
within the meaning of section 551 of title 5, United States
Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 2576 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Availability of pipeline safety regulatory documents
H.R. 2576 strikes the phrase ``on an internet Web site''
from section 60102(p) of title 49, United States Code, which
will help protect copyright and intellectual property concerns,
while granting PHMSA the flexibility necessary to ensure
compliance with the law. It also extends the deadline for
implementation from one year after the date of enactment to
three years after the date of enactment, and reduces the number
of documents to which the provision applies by striking
``guidelines'' from section 60102(p).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and
existing law in which no change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VIII--PIPELINES
* * * * * * *
CHAPTER 601--SAFETY
* * * * * * *
Sec. 60102. Purpose and general authority
(a) * * *
* * * * * * *
(p) Limitation on Incorporation of Documents by Reference.--
Beginning [1 year] 3 years 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].
* * * * * * *