I 

116TH CONGRESS 

1ST SESSION H. R. 5175 

To amend title 49, United States Code, to provide enhanced safety in pipeline 

transportation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2019 

Mr. CRAWFORD (for himself, Mr. GRAVES of Missouri, Mr. BOST, Mr. WEBER

of Texas, Mrs. MILLER, Mr. GIBBS, Mr. PENCE, Mr. YOUNG, Mr. BABIN, 

Mr. PERRY, Mr. RODNEY DAVIS of Illinois, Mr. STAUBER, Mr. 

BALDERSON, Mr. LAMALFA, Mr. SPANO, Mr. MEADOWS, Mr. WOODALL, 

Mr. KATKO, and Miss GONZA ́LEZ-COLO ́N of Puerto Rico) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 49, United States Code, to provide enhanced 

safety in pipeline transportation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pipeline Safety Improvement Act of 2019’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Authorization of appropriations. 

Sec. 3. Strengthening operator qualification programs. 

Sec. 4. Safety-related condition reports. 

Sec. 5. Property damage threshold. 

Sec. 6. Pipeline facility security. 

Sec. 7. Access to oil spill response plans. 

Sec. 8. National pipeline mapping system. 

Sec. 9. Depth of cover for inland bodies of water. 

Sec. 10. Pipeline operating status. 

Sec. 11. Advancement of new pipeline safety technologies and approaches. 

Sec. 12. Pipeline safety voluntary information-sharing system. 

Sec. 13. User fees. 

Sec. 14. User fees for underground natural gas storage facilities. 

Sec. 15. Liquefied natural gas facility safety. 

Sec. 16. Unusually sensitive areas. 

Sec. 17. Workforce. 

Sec. 18. Nationwide integrated pipeline safety regulatory database. 

Sec. 19. Regulatory updates. 

Sec. 20. Construction project approvals. 

Sec. 21. Report on emissions. 

Sec. 22. Changes in class location. 

3 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) GAS AND HAZARDOUS LIQUID.—Section 

5 60125(a) of title 49, United States Code, is amended to 

6 read as follows: 

7 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

8 ‘‘(1) IN GENERAL.—To carry out the provisions 

9 of this chapter related to gas and hazardous liquid 

10 and section 12 of the Pipeline Safety Improvement 

11 Act of 2002 (49 U.S.C. 60101 note; Public Law 

12 107–355), there are authorized to be appropriated to 

13 the Secretary from fees collected under section 

14 60301— 


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1 ‘‘(A) $150,000,000 for fiscal year 2020, of 

2 which $9,000,000 shall be expended for car3 rying out such section 12 and $60,000,000 

4 shall be expended for making grants; 

5 ‘‘(B) $154,000,000 for fiscal year 2021, of 

6 which $9,000,000 shall be expended for car7 rying out such section 12 and $63,000,000 

8 shall be expended for making grants; 

9 ‘‘(C) $158,000,000 for fiscal year 2022, of 

10 which $9,000,000 shall be expended for car11 rying out such section 12 and $66,000,000 

12 shall be expended for making grants; and 

13 ‘‘(D) $162,000,000 for fiscal year 2023, of 

14 which $9,000,000 shall be expended for car15 rying out such section 12 and $69,000,000 

16 shall be expended for making grants. 

17 ‘‘(2) TRUST FUND AMOUNTS.—In addition to 

18 the amounts authorized to be appropriated under 

19 paragraph (1), there are authorized to be appro20 priated from the Oil Spill Liability Trust Fund de21 scribed in section 9509(a) of the Internal Revenue 

22 Code of 1986 (26 U.S.C. 9509(a)) to carry out the 

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1 ment Act of 2002 (49 U.S.C. 60101 note; Public 

2 Law 107–355)— 

3 ‘‘(A) $25,000,000 for fiscal year 2020, of 

4 which— 

5 ‘‘(i) $3,000,000 shall be used to carry 

6 out section 12 of such Act; and 

7 ‘‘(ii) $10,000,000 shall be used for 

8 making grants; 

9 ‘‘(B) $26,000,000 for fiscal year 2021, of 

10 which— 

11 ‘‘(i) $3,000,000 shall be used to carry 

12 out section 12 of such Act; and 

13 ‘‘(ii) $11,000,000 shall be used for 

14 making grants; 

15 ‘‘(C) $27,000,000 for fiscal year 2022, of 

16 which— 

17 ‘‘(i) $3,000,000 shall be used to carry 

18 out section 12 of such Act; and 

19 ‘‘(ii) $12,000,000 shall be used for 

20 making grants; and 

21 ‘‘(D) $28,000,000 for fiscal year 2023, of 

22 which— 

23 ‘‘(i) $3,000,000 shall be used to carry 

24 out section 12 of such Act; and 


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1 ‘‘(ii) $13,000,000 shall be used for 

2 making grants. 

3 ‘‘(3) UNDERGROUND NATURAL GAS STORAGE

4 FACILITY SAFETY ACCOUNT.—To carry out section 

5 60141, there is authorized to be appropriated to the 

6 Secretary $8,000,000 from fees collected under sec7 tion 60302 for each of fiscal years 2020 through 

8 2023.’’. 

9 (b) OPERATIONAL EXPENSES.—Section 2(b) of the 

10 PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515) 

11 is amended by striking paragraphs (1) through (4) and 

12 inserting the following: 

13 ‘‘(1) $25,000,000 for fiscal year 2020. 

14 ‘‘(2) $26,000,000 for fiscal year 2021. 

15 ‘‘(3) $27,000,000 for fiscal year 2022. 

16 ‘‘(4) $28,000,000 for fiscal year 2023.’’. 

17 (c) EMERGENCY RESPONSE GRANTS.—Section 

18 60125(b) of title 49, United States Code, is amended to 

19 read as follows: 

20 ‘‘(b) EMERGENCY RESPONSE GRANTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary may estab22 lish a program to make grants to State, county, 

23 local, and tribal governments and nonprofit organi24 zations providing pipeline emergency response train25 ing, for— 


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1 ‘‘(A) emergency response management; 

2 ‘‘(B) training; and 

3 ‘‘(C) technical assistance. 

4 ‘‘(2) TRAINING REQUIREMENTS.—To the extent 

5 that a grant is used to train emergency responders, 

6 any training shall ensure that emergency responders 

7 can protect nearby persons, property, and the envi8 ronment from the effects of accidents or incidents 

9 involving gas or hazardous liquid pipelines, in ac10 cordance with existing regulations. 

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $12,000,000 for each of fiscal years 

14 2020 through 2023.’’. 

15 (d) ONE-CALL NOTIFICATION PROGRAMS.—Section 

16 6107 of title 49, United States Code, is amended by strik17 ing ‘‘2016 through 2019’’ and inserting ‘‘2020 through 

18 2023’’. 

19 (e) PIPELINE SAFETY INFORMATION GRANTS TO

20 COMMUNITIES.—Section 60130(c) of title 49, United 

21 States Code, is amended to read as follows: 

22 ‘‘(c) FUNDING.— 

23 ‘‘(1) IN GENERAL.—Of the amounts made 

24 available under section 2(b) of the PIPES Act of 

25 2016, the Secretary shall use $1,500,000 for each of 


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1 fiscal years 2020 through 2023 to carry out this sec2 tion. 

3 ‘‘(2) LIMITATION.—Any amounts used to carry 

4 out this section may not be derived from user fees 

5 collected under section 60301.’’. 

6 (f) DAMAGE PREVENTION PROGRAMS.—Section 

7 60134(i) of title 49, United States Code, is amended in 

8 the first sentence by striking ‘‘2012 through 2015’’ and 

9 inserting ‘‘2020 through 2023’’. 

10 (g) PIPELINE INTEGRITY PROGRAM.—Section 12(f) 

11 of the Pipeline Safety Improvement Act of 2002 (49 

12 U.S.C. 60101 note; Public Law 107–355) is amended by 

13 striking ‘‘2016 through 2019’’ and inserting ‘‘2020 

14 through 2023’’. 

15 SEC. 3. STRENGTHENING OPERATOR QUALIFICATION PRO16 GRAMS. 

17 (a) QUALIFICATIONS OF PIPELINE OPERATORS.— 

18 Section 60102(a)(3) of title 49, United States Code, is 

19 amended— 

20 (1) by striking ‘‘operates and maintains’’ and 

21 inserting ‘‘operates and maintains, or constructs,’’; 

22 (2) by inserting ‘‘, a gas gathering line, or a 

23 hazardous liquid gathering line’’ before ‘‘shall ad24 dress’’; 


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1 (3) by striking ‘‘operator of a pipeline facility’’ 

2 and inserting ‘‘operator of a pipeline facility, a gas 

3 gathering line, or a hazardous liquid gathering line’’; 

4 (4) by striking ‘‘operate and maintain’’ and in5 serting ‘‘operate and maintain, or construct’’ each 

6 place it appears; and 

7 (5) by inserting ‘‘, gas gathering lines, or haz8 ardous liquid gathering lines’’ before the period at 

9 the end. 

10 (b) VERIFICATION OF PIPELINE QUALIFICATION

11 PROGRAMS.—Section 60131 of title 49, United States 

12 Code, is amended— 

13 (1) in subsection (d) by adding at the end the 

14 following: 

15 ‘‘(5) A management of change program that 

16 will communicate changes that affect covered tasks 

17 to individuals performing those covered tasks.’’; and 

18 (2) by striking subsection (g) and inserting the 

19 following: 

20 ‘‘(g) DEFINITIONS.—In this section: 

21 ‘‘(1) COVERED TASK.—The term ‘covered 

22 task’— 

23 ‘‘(A) with respect to a gas pipeline facility, 

24 has the meaning such term has under section 

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1 tions, including any subsequent modifications; 

2 and 

3 ‘‘(B) with respect to a hazardous liquid 

4 pipeline facility, has the meaning such term has 

5 under section 195.501 of such title, including 

6 any subsequent modifications; 

7 ‘‘(C) includes, with respect to a gas pipe8 line facility or a hazardous liquid pipeline facil9 ity described in subparagraphs (A) and (B), a 

10 construction task. 

11 ‘‘(2) PIPELINE FACILITY.—The term ‘pipeline 

12 facility’ includes regulated gas gathering lines and 

13 regulated hazardous liquid gathering lines.’’. 

14 (c) OPERATOR QUALIFICATION PROGRAM EFFEC15 TIVENESS.— 

16 (1) RULEMAKING REQUIRED.—Not later than 1 

17 year after the date of enactment of this Act, the 

18 Secretary of Transportation shall issue such regula19 tions as are necessary to require pipeline facility op20 erator qualification programs to include a written 

21 process to measure the effectiveness of the program 

22 at minimizing human error during the performance 

23 of a covered task. 

24 (2) CONSIDERATIONS.—In issuing the regula25 tions required under paragraph (1), the Secretary 


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1 shall consider the elements of program effectiveness 

2 contained in the notice of proposed rulemaking 

3 issued on July 10, 2015 titled ‘‘Pipeline Safety: Op4 erator Qualification, Cost Recovery, Accident and 

5 Incident Notification, and Other Pipeline Safety 3 

6 Proposed Changes’’ (80 Fed. Reg. 39916). 

7 (3) COVERED TASK DEFINED.—In this sub8 section, the term ‘‘covered task’’ has the meaning 

9 given the term in section 60131(g) of title 49, 

10 United States Code. 

11 SEC. 4. SAFETY-RELATED CONDITION REPORTS. 

12 Section 60102(h) of title 49, United States Code, is 

13 amended— 

14 (1) in paragraph (2) by striking ‘‘Notice of the 

15 condition shall be given concurrently to appropriate 

16 State authorities.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(3)(A) Notice of the condition of an intrastate 

19 or interstate pipeline facility shall be given concur20 rently to appropriate State authorities, as defined by 

21 the Secretary. 

22 ‘‘(B) The Secretary shall require that when a 

23 State agency receives a report on a safety-related 

24 condition, the State agency shall provide the report 

25 to any State emergency response commission, tribal 


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1 emergency response commission, tribal emergency 

2 planning committee, local emergency planning com3 mittee, local government, or public agency respon4 sible for emergency response that requests the re5 port, including any updates to the report received by 

6 the State agency.’’. 

7 SEC. 5. PROPERTY DAMAGE THRESHOLD. 

8 Section 60123(d)(2)(A) of title 49, United States 

9 Code, is amended by striking ‘‘$50,000’’ and inserting 

10 ‘‘$200,000’’. 

11 SEC. 6. PIPELINE FACILITY SECURITY. 

12 Section 60123 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(e) PENALTY FOR ALTERING PHYSICAL INFRA15 STRUCTURE.— 

16 ‘‘(1) DEFINITION OF ALTERING A PIPELINE FA17 CILITY.—In this subsection, the term ‘altering a 

18 pipeline facility’ means— 

19 ‘‘(A) the unauthorized turning or manipu20 lation of any valve of a pipeline facility de21 scribed in subsection (b); 

22 ‘‘(B) the puncturing of— 

23 ‘‘(i) an existing pipeline that is in use 

24 for a facility described in subsection (b); or 


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1 ‘‘(ii) a pipeline pipe, pump, or valve 

2 intended to be used by a facility described 

3 in subsection (b); or 

4 ‘‘(C) causing a defect that would affect the 

5 integrity of safe operations for— 

6 ‘‘(i) an existing pipeline that is in use 

7 for a facility described in subsection (b); or 

8 ‘‘(ii) a pipeline pipe, pump, or valve 

9 intended to be used by a facility described 

10 in subsection (b). 

11 ‘‘(2) PENALTY.—A person knowingly and will12 fully altering a pipeline facility shall be fined or im13 prisoned in accordance with subsection (a). 

14 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

15 this subsection abridges the exercise of rights guar16 anteed under the First Amendment to the Constitu17 tion of the United States.’’. 

18 SEC. 7. ACCESS TO OIL SPILL RESPONSE PLANS. 

19 Section 60138 of title 49, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1) by striking ‘‘and’’; 

23 (B) in paragraph (2)(D) by striking the 

24 period and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(3) provide to a Member of Congress, upon 

2 written request from such Member, access to view a 

3 copy of the plan, the contents of which the Secretary 

4 may not redact, but may note as the Secretary de5 termines appropriate— 

6 ‘‘(A) proprietary information; and 

7 ‘‘(B) security-sensitive information, includ8 ing information described in section 1520.5(a) 

9 of title 49, Code of Federal Regulations.’’; 

10 (2) by redesignating subsection (b) as sub11 section (d); and 

12 (3) by adding at the end the following: 

13 ‘‘(c) LIMITATIONS ON INFORMATION PROVIDED TO

14 CONGRESS.—The following requirements shall apply to 

15 any activities carried out under subsection (a)(3): 

16 ‘‘(1) To review an oil spill response plan, the 

17 Administrator shall provide the Member access to a 

18 full and unredacted paper copies of the plans for the 

19 Congressional district of such Member in a secure 

20 reading room for purposes of review only. 

21 ‘‘(2) Congressional review of full and unredact22 ed copies of oil spill response plans carried out under 

23 such subsection shall be the exclusive authority for 

24 congressional review of such plans. 


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1 ‘‘(3) Information identified under subparagraph 

2 (A) and (B) of subsection (a)(3) may not be distrib3 uted in any form, including verbal, electronic or 

4 written communication, or transmittal of copied 

5 image. 

6 ‘‘(4) All information described in paragraph (3) 

7 shall remain confidential and any unauthorized dis8 closure of such information is subject to a fine of 

9 $10,000. 

10 ‘‘(5) The provision of access to information de11 scribed in paragraph (3) shall not be construed to 

12 waive or amend the obligations or authorities of the 

13 Administrator to protect information from disclosure 

14 pursuant to section 552(b) of title 5, section 60138, 

15 or any other applicable laws.’’. 

16 SEC. 8. NATIONAL PIPELINE MAPPING SYSTEM. 

17 (a) IN GENERAL.—Section 60132 of title 49, United 

18 States Code, is amended by striking subsection (f) and in19 serting the following: 

20 ‘‘(f) PUBLIC DISCLOSURE LIMITED.—Data and in21 formation submitted to the Secretary under this section 

22 may not be disclosed to the public pursuant to section 

23 552(b)(3)(B) of title 5.’’. 

24 (b) EVALUATION OF INFORMATION.—Not later than 

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1 retary shall issue regulations on the evaluation of the in2 formation required under paragraphs (1) through (4) of 

3 section 60132(a) of title 49, United States Code, with re4 spect to gathering lines. 

5 SEC. 9. DEPTH OF COVER FOR INLAND BODIES OF WATER. 

6 Section 60140 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(c) DATA SET FOR PIPELINES CROSSING CERTAIN

9 WATER BODIES.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this subsection, the Sec12 retary shall collect and maintain geospatial data ca13 pable of identifying hazardous liquid pipelines cross14 ing inland bodies of water with a width of at least 

15 100 feet from high-water mark to high-water mark 

16 and where the pipeline segment is within, or could 

17 affect, a high consequence area (as defined in sec18 tions 192.903 and 195.450 of title 49, Code of Fed19 eral Regulations). 

20 ‘‘(2) PUBLIC INFORMATION.—The Secretary 

21 shall make the data set collected and maintained 

22 under paragraph (1) available on the publicly avail23 able website of the Department of Transportation. 

24 ‘‘(3) NATIONAL PIPELINE MAPPING SYSTEM.— 

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1 tional Pipeline Mapping System for purposes of 

2 meeting the requirement under paragraph (2).’’. 

3 SEC. 10. PIPELINE OPERATING STATUS. 

4 (a) IN GENERAL.—Chapter 601 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 60142. Idled pipelines 

8 ‘‘(a) DEFINITION OF IDLED.—In this section, the 

9 term ‘idled’, with respect to a pipeline, means that the 

10 pipeline— 

11 ‘‘(1)(A) has ceased normal operations; 

12 ‘‘(B) will not resume service for a period of not 

13 less than 180 days; 

14 ‘‘(2) has been isolated from all sources of haz15 ardous liquid, natural gas, or other gas; 

16 ‘‘(3) has been purged of combustibles and haz17 ardous materials; 

18 ‘‘(4) if a blanket of inert, nonflammable gas is 

19 placed in the line, such gas must be at low pressure 

20 and odorized; and 

21 ‘‘(5) has received approval from the Secretary 

22 to be removed as an active pipeline. 

23 ‘‘(b) APPROVAL.—Before an operator may place a 

24 natural or other gas pipeline facility or hazardous liquid 


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1 pipeline facility into idled status, the operator must re2 quest an approval, in writing, from the Secretary. 

3 ‘‘(c) EXTENSION.—The Secretary may allow idled 

4 natural or other gas pipeline facilities and hazardous liq5 uid pipeline facilities to remain in idled status for a period 

6 longer than described in paragraph (a), provided that such 

7 request be made in writing and not exceed a period of 5 

8 years for each requested extension. 

9 ‘‘(d) RULEMAKING.— 

10 ‘‘(1) IN GENERAL.—Not later than 3 years 

11 after the date of enactment of this Act, the Sec12 retary shall promulgate regulations prescribing the 

13 applicability of the pipeline safety requirements to 

14 idled natural or other gas pipeline facilities and haz15 ardous liquid pipeline facilities. 

16 ‘‘(2) REQUIREMENTS.—The regulations promul17 gated under paragraph (1) shall contain the fol18 lowing requirements: 

19 ‘‘(A) IN GENERAL.—The applicability of 

20 the regulations under paragraph (1) shall be 

21 based on the risk that idled natural or other 

22 gas pipeline facilities and hazardous liquid pipe23 line facilities pose to the public, property, and 

24 the environment, and shall include requirements 

25 to resume operation. 


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1 ‘‘(B) NOTIFICATION AND APPROVAL.—The 

2 Secretary shall establish procedures, including a 

3 requirement for notification to the public, for 

4 requesting an approval, described in subsection 

5 (b), and an extension, described in subsection 

6 (c), before an operator changes the operating 

7 status of a natural or other gas pipeline facility 

8 or hazardous liquid pipeline facility. 

9 ‘‘(C) INSPECTION.—The Secretary or an 

10 appropriate State agency shall inspect each 

11 idled natural or other gas pipeline facility or 

12 hazardous liquid pipeline facility and verify that 

13 the pipeline has been purged of combustibles 

14 and hazardous materials. 

15 ‘‘(D) REQUIREMENTS FOR REINSPEC16 TION.—The Secretary shall determine the re17 quirements for periodic reinspection of idled 

18 natural or other gas pipeline facilities and haz19 ardous liquid pipeline facilities. 

20 ‘‘(E) INVENTORY.—The Secretary shall re21 quire operators to report to the Secretary infor22 mation on idled natural or other gas pipeline 

23 facilities and hazardous liquid pipeline facilities 

24 in their system, including the location of a pipe25 line, whether the pipeline has been purged of 


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1 combustibles and hazardous materials, whether 

2 a blanket of inert gas remains in the line, the 

3 date on which the operator idled the pipeline, 

4 and a written description for why the operator 

5 chose to place each pipeline into idle status. 

6 ‘‘(e) AVAILABILITY OF DATA.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall make 

8 available to the public the inventory required under 

9 subsection (d)(E), and publish annually on a website 

10 accessible to the public a list indicating pipeline op11 erating status changes. The list shall include— 

12 ‘‘(A) the name of the operator; 

13 ‘‘(B) the operating status change of the 

14 pipeline; and 

15 ‘‘(C) the approximate location, including 

16 beginning and end point for the pipeline that is 

17 subject to the change in operating status.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 601 of title 49, United States Code, is amend20 ed by adding at the end the following new item: 

‘‘60142. Idled pipelines.’’. 

21 SEC. 11. ADVANCEMENT OF NEW PIPELINE SAFETY TECH22 NOLOGIES AND APPROACHES. 

23 (a) IN GENERAL.—Chapter 601 of title 49, United 

24 States Code, is further amended by adding at the end the 

25 following: 


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1 ‘‘§ 60143. Pipeline safety technology testing programs 

2 ‘‘(a) IN GENERAL.—The Secretary may establish and 

3 carry out limited safety-enhancing testing programs to 

4 evaluate innovative technologies and operational practices 

5 testing the safe operation of— 

6 ‘‘(1) a natural gas pipeline facility; or 

7 ‘‘(2) a hazardous liquid pipeline facility. 

8 ‘‘(b) LIMITATIONS.— 

9 ‘‘(1) HIGH POPULATION AREAS.—Any program 

10 established under subsection (a) shall not be located 

11 in a high population area (as defined in section 

12 195.450 of title 49, Code of Federal Regulations). 

13 ‘‘(c) DURATION.—The term of a testing program es14 tablished under subsection (a) shall be not more than a 

15 period of 4 years beginning on the date of approval of the 

16 program. 

17 ‘‘(d) SAFETY STANDARDS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall re19 quire, as a condition of approval of a testing pro20 gram under subsection (a), that the safety measures 

21 in the testing program are designed to achieve a 

22 level of safety that is greater than, or equivalent to, 

23 the level of safety required by this chapter. 

24 ‘‘(2) DETERMINATION.— 

25 ‘‘(A) IN GENERAL.—The Secretary may 

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1 tion 60118(c)(1) to accomplish the purpose of 

2 a testing program for a term not to exceed the 

3 time period described in subsection (c) if the 

4 condition described in paragraph (1) is met, as 

5 determined by the Secretary. 

6 ‘‘(B) LIMITATION.—An order under sub7 paragraph (A) of such section shall pertain only 

8 to those regulations that would otherwise pre9 vent the use of the safety technology to be test10 ed under the testing program. 

11 ‘‘(e) CONSIDERATIONS.—In establishing a testing 

12 program under subsection (a), the Secretary shall con13 sider— 

14 ‘‘(1) whether the owners or operators partici15 pating in the program have a safety management 

16 system in place; 

17 ‘‘(2) whether the proposed safety technology 

18 has been tested through a research and development 

19 program carried out by— 

20 ‘‘(A) the Secretary; 

21 ‘‘(B) collaborative research development 

22 organizations; or 

23 ‘‘(C) other institutions; and 

24 ‘‘(3) whether the pipeline segments tested by 

25 the program are outside of a high population area 


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1 (as defined in section 195.450 of title 49, Code of 

2 Federal Regulations). 

3 ‘‘(f) DATA AND FINDINGS.—As a participant in a 

4 testing program established under subsection (a), an oper5 ator shall submit to the Secretary detailed findings and 

6 a summary of data collected as a result of participation 

7 in the testing program. 

8 ‘‘(g) AUTHORITY TO REVOKE PARTICIPATION.—The 

9 Secretary shall immediately revoke participation in a test10 ing program under subsection (a) if— 

11 ‘‘(1) the participant fails to comply with the 

12 terms and conditions of the testing program; or 

13 ‘‘(2) in the determination of the Secretary, con14 tinued participation in the testing program by the 

15 participant would be unsafe or would not be con16 sistent with the goals and objectives of this chapter. 

17 ‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—The 

18 Secretary shall immediately terminate a testing program 

19 under subsection (a) if continuation of the testing pro20 gram would not be consistent with the goals and objectives 

21 of this chapter. 

22 ‘‘(i) STATE RIGHTS.— 

23 ‘‘(1) EXEMPTION.—Except as provided in para24 graph (2), if a State submits to the Secretary notice 

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1 ing program considered for establishment under this 

2 section, the State shall be exempt. 

3 ‘‘(2) LIMITATIONS.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 not grant a requested exemption under para6 graph (1) after a testing program is estab7 lished. 

8 ‘‘(B) LATE NOTICE.—The Secretary shall 

9 not grant a requested exemption under para10 graph (1) if the notice submitted under that 

11 paragraph is submitted to the Secretary more 

12 than 10 days after the date on which the Sec13 retary issues an order providing an effective 

14 date for the testing program. 

15 ‘‘(3) EFFECT.—If a State has not submitted a 

16 notice requesting an exemption under paragraph (1), 

17 the State shall not enforce any law (including regu18 lations) that is inconsistent with a testing program 

19 in effect in the State under this section. 

20 ‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NO21 TICE.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall publish 

23 in the Federal Register a notice of each testing pro24 gram under subsection (a), including the order to be 


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1 considered, and provide an opportunity for public 

2 comment for not less than 60 days. 

3 ‘‘(2) RESPONSE FROM SECRETARY.—Not later 

4 than the date on which the Secretary issues an order 

5 providing an effective date of a testing program no6 ticed under paragraph (1), the Secretary shall re7 spond to each comment submitted under that para8 graph. 

9 ‘‘(k) REPORT.—At the conclusion of each testing pro10 gram, the Secretary shall make publicly available on the 

11 website of the Department of Transportation a report con12 taining— 

13 ‘‘(1) the findings and conclusions of the Sec14 retary with respect to the testing program; and 

15 ‘‘(2) any recommendations of the Secretary 

16 with respect to the testing program, including any 

17 recommendations for amendments to laws (including 

18 regulations) and the establishment of standards, 

19 that— 

20 ‘‘(A) would enhance the safe operation of 

21 interstate gas or hazardous liquid pipeline fa22 cilities; and 

23 ‘‘(B) are technically, operationally, and 

24 economically feasible. 


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1 ‘‘(l) STANDARDS.—If a report under subsection (k) 

2 indicates that it is practicable to establish technically, 

3 operationally, and economically feasible standards for the 

4 use of a safety-enhancing technology and any correspond5 ing operational practices tested by the testing program de6 scribed in the report, the Secretary, as soon as practicable 

7 after submission of the report, may promulgate regula8 tions consistent with chapter 5 of title 5 (commonly known 

9 as the ‘Administrative Procedures Act’) that— 

10 ‘‘(1) allow operators of interstate gas or haz11 ardous liquid pipeline facilities to use the relevant 

12 technology or practice to the extent practicable; and 

13 ‘‘(2) establish technically, operationally, and 

14 economically feasible standards for the capability 

15 and deployment of the technology or practice.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 601 of title 49, United States Code, is further 

18 amended by adding at the end the following: 

‘‘60143. Pipeline safety technology testing programs.’’. 

19 SEC. 12. PIPELINE SAFETY VOLUNTARY INFORMATION20 SHARING SYSTEM. 

21 (a) IN GENERAL.—Chapter 601 of title 49, United 

22 States Code, is further amended by adding at the end the 

23 following: 

24 ‘‘§ 60144. Voluntary information-sharing system 

25 ‘‘(a) ESTABLISHMENT.— 


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1 ‘‘(1) IN GENERAL.—Subject to the availability 

2 of funds, the Secretary may establish a confidential 

3 and nonpunitive voluntary information-sharing sys4 tem (referred to in this section as the ‘System’) to 

5 encourage collaborative efforts to improve inspection 

6 information feedback and information sharing, with 

7 the purpose of improving natural gas transmission 

8 and hazardous liquid pipeline safety. 

9 ‘‘(2) COMPONENTS.—The System— 

10 ‘‘(A) shall include pipeline integrity risk 

11 analysis information; and 

12 ‘‘(B) may include other information relat13 ing to reducing pipeline incidents, such as— 

14 ‘‘(i) lessons learned from accidents 

15 and near misses; 

16 ‘‘(ii) process improvements; 

17 ‘‘(iii) technology deployments; and 

18 ‘‘(iv) other voluntary information19 sharing systems. 

20 ‘‘(3) REQUIREMENT.—The System shall protect 

21 proprietary information while encouraging the ex22 change of data, including in-line inspection and dig 

23 verification data, among operators, tool vendors, and 

24 the representatives of the Secretary to facilitate the 

25 development of— 


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1 ‘‘(A) advanced pipeline-inspection tech2 nologies; and 

3 ‘‘(B) enhanced risk analysis. 

4 ‘‘(4) CONSULTATION.—If appropriate, the Sec5 retary may involve other public and private stake6 holders in establishing and maintaining the System. 

7 ‘‘(b) DATA MANAGER.—In carrying out this section, 

8 the Secretary may engage a partner agency or nongovern9 mental entity to receive, store, manage, and provide for 

10 the use of— 

11 ‘‘(1) system data; and 

12 ‘‘(2) information submitted to the System. 

13 ‘‘(c) LIMITATION ON DISCLOSURE.— 

14 ‘‘(1) APPLICABILITY OF FOIA.—Any part of any 

15 record (including, but not limited to an analysis by 

16 a pipeline operator of the safety risks of the pipeline 

17 operator and a statement of the mitigation measures 

18 identified by the pipeline operator to address those 

19 risks) provided to the Secretary and retained in the 

20 System is exempt from the requirements of section 

21 552 of title 5, and specifically exempt from release 

22 under subsection (b)(3) of that section, if the record 

23 is— 

24 ‘‘(A) supplied to the Secretary for purposes 

25 of the System; or 


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1 ‘‘(B) made available for inspection and 

2 copying by an officer, employee, or agent of the 

3 Secretary for purposes of the System. 

4 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

5 (1), the Secretary in consultation with the informa6 tion owner, may disclose deidentified material or any 

7 part of any record comprised of facts otherwise 

8 available to the public if, in the sole discretion of the 

9 Secretary, the Secretary determines that disclosure 

10 would be consistent with the confidentiality needed 

11 for the System and improve pipeline safety. 

12 ‘‘(d) EXCLUDED EVIDENCE.—Except as provided in 

13 subsection (f), any data or information submitted to or 

14 stored, managed, analyzed, or produced by the System 

15 shall not be used— 

16 ‘‘(1) as evidence for any purpose in any Fed17 eral, State, local, Tribal, or private litigation, includ18 ing any action or proceeding; or 

19 ‘‘(2) to support any corrective action relating to 

20 a probable violation under this chapter (including 

21 any regulation promulgated or order issued under 

22 this chapter). 

23 ‘‘(e) EXCLUSION FROM DISCOVERY.—Except as pro24 vided in subsection (f), any data or information submitted 

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1 tem shall not be subject to discovery in any Federal, State, 

2 local, Tribal, or private litigation or other proceeding. 

3 ‘‘(f) LIMITATIONS ON EXCLUSION.—The exclusions 

4 described in subsections (d) and (e) shall not apply to— 

5 ‘‘(1) evidence of a knowing and willful violation; 

6 ‘‘(2) a reportable release under sections 191.7 

7 or 195.50 of title 49, Code of Federal Regulations 

8 (or a successor regulation); 

9 ‘‘(3) a safety-related condition under sections 

10 191.7 or 195.55 of title 49, Code of Federal Regula11 tions (or a successor regulation); or 

12 ‘‘(4) data or information obtained by the Sec13 retary independently of the System. 

14 ‘‘(g) GOVERNING BOARD.—Not later than 180 days 

15 after the date of enactment of this Act, the Administrator 

16 shall establish a governing board co-chaired by the Admin17 istrator and a representative of the pipeline industry to— 

18 ‘‘(1) govern the System through consensus of 

19 the board and co-chairs; 

20 ‘‘(2) develop governance documents and oversee 

21 their enforcement; and 

22 ‘‘(3) establish and appoint members of issue 

23 analysis teams; 

24 ‘‘(h) CONFIDENTIALITY.—No person, including any 

25 System governing board member, program manager, 


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1 third-party data manager, issue analysis team member, 

2 nor any Federal, State, local or tribal agency, having or 

3 obtaining access to any data or information submitted to, 

4 stored, managed, analyzed or produced by the System, 

5 shall release or communicate that information to any per6 son outside the System, with the sole exception being the 

7 publication of reports by the System based on analysis of 

8 de-identified information and safety related findings that 

9 the System governing board in its sole discretion deter10 mines to publish or authorize the Administration to pub11 lish. 

12 ‘‘(i) VOLUNTARY PARTICIPATION.—No person may 

13 be compelled to participate in or submit data or informa14 tion to the System. 

15 ‘‘(j) SUSTAINABLE FUNDING.—The Secretary shall 

16 explore sustainable funding sources for the System, in17 cluding public-private partnerships. 

18 ‘‘(k) EFFECT.—Nothing in this section affects any 

19 Federal or State pipeline safety law. 

20 ‘‘(l) LIMITATION ON FUNDING.—The Secretary may 

21 expend not more than $1,000,000 for each of the fiscal 

22 years 2020 through 2024 to establish the System. 

23 ‘‘(m) SAVINGS CLAUSE.—Notwithstanding the pro24 tections provided under this section, no pipeline operator 

25 may use the submission of information to the System as 


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1 protection against enforcement actions or corrective orders 

2 that are based on information or evidence obtained outside 

3 of the System.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for chapter 601 of title 49, United States Code, is further 

6 amended by adding at the end the following: 

‘‘60144.Voluntary information-sharing system.’’. 

7 SEC. 13. USER FEES. 

8 Section 60301(d)(1) of title 49, United States Code, 

9 is amended— 

10 (1) in subparagraph (A) by striking ‘‘and’’ at 

11 the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(C) related to a liquefied natural gas 

14 pipeline facility may be used only for an activity 

15 related to liquefied natural gas pipeline facility 

16 under this chapter; and’’. 

17 SEC. 14. USER FEES FOR UNDERGROUND NATURAL GAS 

18 STORAGE FACILITIES. 

19 Section 60302 of title 49, United States Code, is 

20 amended— 

21 (1) in subsection (c)(2)— 

22 (A) in subparagraph (A) by striking ‘‘and’’ 

23 at the end; 

24 (B) in subparagraph (B) by striking the 

25 period at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(C) may only be used to the extent pro3 vided in advance in an appropriations Act.’’; 

4 (2) by striking paragraph (3) of subsection (c); 

5 and 

6 (3) by adding at the end the following: 

7 ‘‘(d) LIMITATIONS.—Fees imposed under subsection 

8 (a) shall be sufficient to pay for the costs of activities de9 scribed in subsection (c), except that the total amount col10 lected for a fiscal year may not be more than 105 percent 

11 of the total amount of the appropriations made for the 

12 fiscal year activities to be financed by fees.’’. 

13 SEC. 15. LIQUEFIED NATURAL GAS FACILITY SAFETY. 

14 (a) LIQUEFIED NATURAL GAS FACILITY STANDARDS

15 UPDATE.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date of enactment of this Act, the Secretary 

18 shall— 

19 (A) review the minimum operating and 

20 maintenance standards for liquefied natural gas 

21 facilities, including small scale liquefied natural 

22 gas facilities, peak shaving facilities, and large23 scale liquefied natural gas facilities, prescribed 

24 under section 60103(d) of title 49, United 

25 States Code; and 


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1 (B) based on the review under subpara2 graph (A), update the safety standards de3 scribed in that paragraph applicable to liquefied 

4 natural gas facilities to provide for a risk-based 

5 regulatory approach. 

6 (2) CONSIDERATIONS.—In updating the min7 imum standards under paragraph (1)(B), the Sec8 retary shall consider the report prepared under sub9 section (d)(5). 

10 (3) REQUIREMENTS.—The updates to the 

11 standards required under this section shall, at a 

12 minimum, require operators, consistent with recog13 nized and generally accepted good engineering prac14 tices— 

15 (A) to develop and maintain written safety 

16 information identifying hazards associated 

17 with— 

18 (i) the processes of liquefied natural 

19 gas conversion, storage, and transport; 

20 (ii) equipment used in the processes; 

21 and 

22 (iii) technology used in the processes; 

23 (B) to conduct a hazard assessment, in24 cluding the identification of potential sources of 


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1 accidental releases, along with reassessments 

2 periodically; 

3 (C) to establish a system to respond to the 

4 findings of a hazard assessment conducted 

5 under subparagraph (B) that addresses preven6 tion, mitigation, and emergency response; and 

7 (D) to train employees in operating proce8 dures with an emphasis on addressing hazards, 

9 using safe practices, and carrying out emer10 gency response activities. 

11 (b) LIQUEFIED NATURAL GAS STAFFING AND EX12 PERTISE.— 

13 (1) LIQUEFIED NATURAL GAS EXPERTISE.— 

14 Not later than 60 days after the date of enactment 

15 of this Act, the Secretary shall establish a division 

16 within the Office of Pipeline Safety to ensure the 

17 safety and oversight of liquefied natural gas facilities 

18 under section 60103 and 60111 of title 49, United 

19 States Code, including small-scale liquefied natural 

20 gas facilities, peak shaving facilities, and import or 

21 export facilities. 

22 (2) FUNCTIONS.—The Liquefied Natural Gas 

23 division shall be responsible for— 

24 (A) developing regulations and guidance 

25 materials for liquefied natural gas facilities; 


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1 (B) conducting compliance reviews and in2 spections of liquefied natural gas facilities 

3 under section 60103 of title 49, United States 

4 Code; 

5 (C) participate in liquefied natural gas fa6 cility incident investigations; 

7 (D) participate in enforcing applicable 

8 Federal statutes and regulations for the safety 

9 of liquefied natural gas facilities; 

10 (E) conduct education, training, and out11 reach regarding liquefied natural gas facility 

12 safety; 

13 (F) manage the agency’s research and de14 velopment activities for liquefied natural gas fa15 cilities; and 

16 (G) perform other functions consistent 

17 with section 60103 and 60111 of such title. 

18 (3) STAFFING.—The Secretary shall employ 

19 personnel necessary for carrying out the functions of 

20 the Liquefied Natural Gas division set forth in para21 graph (2) including— 

22 (A) a deputy associate administrator; and 

23 (B) adequate staffing and support staff po24 sitions, including subject matter experts in liq25 uefied natural gas facilities who shall be dediVerDate Sep 11 2014 02:15 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5175.IH H5175

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1 cated to rulemaking activities, subject matter 

2 experts in liquefied natural gas facilities who 

3 shall perform inspection and enforcement activi4 ties, and other necessary personnel to support 

5 these activities. 

6 (4) LNG SUBJECT MATTER EXPERTS.—To sat7 isfy the requirements of paragraph (3), the Sec8 retary may appoint personnel who have such exper9 tise or may train personnel to develop such expertise 

10 through use of the Center of Excellence for Lique11 fied Natural Gas Safety and Training. 

12 (5) REPORT.—Not later than 90 days after the 

13 date of enactment of this Act, and every 90 days 

14 thereafter until the division is sufficiently staffed 

15 with LNG subject matter experts, the Secretary 

16 shall report to the Committee on Transportation and 

17 Infrastructure of the House of Representatives, the 

18 Committee on Energy and Commerce of the House 

19 of Representatives, and the Committee on Com20 merce, Science, and Transportation of the Senate on 

21 the progress to staff the division and any impedi22 ments to staffing. 

23 (c) CENTER OF EXCELLENCE FOR LIQUEFIED NAT24 URAL GAS SAFETY AND TRAINING.— 


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1 (1) IN GENERAL.—Not later than 3 years after 

2 the date of enactment of this Act, the Secretary 

3 shall establish a Center of Excellence for Liquefied 

4 Natural Gas Safety and Training (in this subsection 

5 referred to as the ‘‘Center’’). 

6 (2) FUNCTIONS.—The Center shall— 

7 (A) promote, facilitate, and conduct— 

8 (i) education; 

9 (ii) training; and 

10 (iii) research and technological devel11 opment; 

12 (B) be a repository of information on best 

13 practices relating to, and expertise on, liquefied 

14 natural gas facility operations; 

15 (C) foster collaboration among regulators, 

16 industry, and other stakeholders; 

17 (D) promote process safety advancements 

18 for liquefied natural gas export facilities and 

19 the incorporation of risk-based principles into 

20 the operation, management, and regulatory 

21 oversight of LNG facilities; and 

22 (E) other functions deemed appropriate by 

23 the Secretary. 

24 (3) BRIDGE PERIOD.—Until the Center is oper25 ational and able to meet the mission in paragraph 


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1 (2), the Secretary may enter into an agreement with 

2 an institution of higher education or the LNG indus3 try to provide education and training on the safe op4 erations of liquefied natural gas facilities, provided 

5 that such period does not exceed 3 years. 

6 (4) CONSULTATION.—When establishing the 

7 Center, the agency may consult with— 

8 (A) Federal regulatory agencies of jurisdic9 tion, including— 

10 (i) the Pipeline and Hazardous Mate11 rials Safety Administration; 

12 (ii) the Federal Energy Regulatory 

13 Commission; 

14 (iii) the Department of Energy; 

15 (iv) the U.S. Coast Guard; and 

16 (v) the Maritime Administration; 

17 (B) States and units of local government; 

18 (C) liquefied natural gas facility operators; 

19 and 

20 (D) other interested parties. 

21 (d) LIQUEFIED NATURAL GAS FEDERAL ADVISORY

22 COMMITTEE.— 

23 (1) ESTABLISHMENT.—Not later than 60 days 

24 after the date of enactment of this Act, the Sec25 retary shall establish, in accordance with the reVerDate Sep 11 2014 02:15 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5175.IH H5175

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1 quirements of the Federal Advisory Committee Act 

2 (5 U.S.C. App.), a Liquefied Natural Gas Federal 

3 Advisory Committee (in this subsection referred to 

4 as the ‘‘Committee’’). 

5 (2) DUTIES.—The Committee shall— 

6 (A) facilitate communication between lique7 fied natural gas facility operators, public safety 

8 experts, and Federal agencies on practices to 

9 ensure the safe operation and maintenance of 

10 liquefied natural gas facilities; 

11 (B) provide the Secretary with timely in12 formation about new liquefied natural gas facil13 ity technology and safety practices and meth14 odologies; 

15 (C) provide a forum for the Secretary to 

16 provide information on and to discuss the ac17 tivities of the Department of Transportation re18 lating to liquefied natural gas facility safety, 

19 and the policies underlying such activities; 

20 (D) advise the Secretary on how to pro21 mote, facilitate, and conduct education, train22 ing, and research on the industry best practices, 

23 industry consensus standards, and expertise in 

24 liquefied natural gas operations; 


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1 (E) advise the Secretary on how to recruit 

2 and retain qualified personnel; 

3 (F) advise the Secretary regarding the reg4 ulations prescribed under section 60103 of title 

5 49, United States Code, and when updates to 

6 such regulations are recommended; and 

7 (G) advise the Secretary on other matters 

8 affecting LNG safety, as the Secretary con9 siders appropriate. 

10 (3) MEETINGS.—The Committee shall hold reg11 ular meetings, not less than biannually, to discuss 

12 issues related to liquefied natural gas pipeline facil13 ity safety. 

14 (4) MEMBERSHIP.—The Committee shall be 

15 composed of the following members: 

16 (A) Four individuals appointed by the Sec17 retary to represent the public, such as public 

18 safety experts with knowledge of liquefied nat19 ural gas pipeline facility safety, academics, or 

20 other qualified individuals. 

21 (B) Four individuals appointed by the Sec22 retary to represent States and units of local 

23 governments. 

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1 dustry, two of whom shall represent large-scale 

2 liquefied natural gas facilities, one from a 

3 small-scale facility, and one with peak shaving 

4 operations. 

5 (D) Not less than one representative of the 

6 following Federal regulatory agencies of juris7 diction: 

8 (i) The Pipeline and Hazardous Mate9 rials Safety Administration. 

10 (ii) The Maritime Administration. 

11 (iii) The Federal Energy Regulatory 

12 Commission. 

13 (iv) The Coast Guard. 

14 (5) REPORT TO THE SECRETARY.—Not later 

15 than 2 years after the date of enactment of this Act, 

16 the Committee shall— 

17 (A) review regulations issued pursuant to 

18 section 60103(d) of title 49, United States 

19 Code for conformity with industry standards 

20 that apply risk-based principles for process 

21 safety practices; and 

22 (B) provide a report and recommendation 

23 to the Secretary on how to best align regula24 tions with industry standards that apply risk25 based principles for process safety practices. 


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1 (6) REPORT TO CONGRESS.—Not later than 90 

2 days after the date of enactment of this Act, and not 

3 less frequently than every 30 days thereafter until 

4 the date on which all members of the Committee 

5 have been appointed, the Secretary shall submit a 

6 report to the Committee on Transportation and In7 frastructure of the House of Representatives, the 

8 Committee on Energy and Commerce of the House 

9 of Representatives, and the Committee on Com10 merce, Science, and Transportation of the Senate to 

11 update Congress on the status of the Committee, the 

12 progress of appointing members to the Committee, 

13 and the identities of individuals appointed to the 

14 Committee. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Department of 

17 Transportation such sums as may be necessary to carry 

18 out this section. 

19 SEC. 16. UNUSUALLY SENSITIVE AREAS. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall complete the revision required under section 

23 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note). 


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1 (b) FURTHER REQUIREMENT.—In completing the re2 vision described in subsection (a), the Secretary of Trans3 portation shall use the following definitions: 

4 (1) MARINE COASTAL WATER.—The term ‘‘ma5 rine coastal water’’ means the territorial sea of the 

6 United States, the Great Lakes and their connecting 

7 waters, the marine and estuarine waters of the 

8 United States up to the head of tidal influence, and 

9 the Exclusive Economic Zone as established by Pres10 idential Proclamation Number 5030, dated March 

11 10, 1983. 

12 (2) COASTAL BEACH.—The term ‘‘coastal 

13 beach’’ means land between high and low water 

14 marks in a marine coastal water. 

15 SEC. 17. WORKFORCE. 

16 (a) STAFFING.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment, the Secretary shall increase 

19 the number of full-time equivalent employees (as 

20 compared to the number of positions on the date of 

21 enactment of this Act) by— 

22 (A) at least 8 full-time employees with sub23 ject matter expertise in pipeline safety, pipeline 

24 facilities, and pipeline systems to finalize out25 standing pipeline safety rulemakings and fulfill 


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1 mandates for the Office of Pipeline Safety of 

2 the Pipeline and Hazardous Materials Safety 

3 Administration; and 

4 (B) at least 3 full-time attorneys with 

5 pipeline industry of safety expertise in the Of6 fice of Chief Counsel of the Pipeline Hazardous 

7 Materials Safety Administration. 

8 (2) PIPELINE INSPECTION AND ENFORCEMENT

9 PERSONNEL.—The Secretary shall ensure that the 

10 number of positions for pipeline inspection and en11 forcement personnel in the Office of Pipeline Safety 

12 of the Pipeline and Hazardous Materials Safety Ad13 ministration does not fall below the following: 

14 (A) 222 for fiscal year 2020. 

15 (B) 233 for fiscal year 2021. 

16 (C) 245 for fiscal year 2022. 

17 (D) 258 for fiscal year 2023. 

18 (E) 272 for fiscal year 2024. 

19 (b) RECRUITMENT AND RETENTION AUTHORITIES.— 

20 Not later than 30 days after the date of enactment of this 

21 Act, the Secretary shall request authority from the Office 

22 of Personnel Management to use incentives, as necessary, 

23 to recruit and retain a qualified workforce, including— 

24 (1) for inspection and enforcement personnel 

25 and subject matter experts dedicated to rulemaking 


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1 activities in the Office of Pipeline Safety, including 

2 the Liquefied Natural Gas division of the Pipeline 

3 Hazardous Materials Safety Administration, as es4 tablished under section 16(b)— 

5 (A) special pay rates permitted under sec6 tion 5305 of title 5, United States Code; and 

7 (B) repayment of student loans accom8 panied by a continued service agreement, per9 mitted under section 5379 of title 5, United 

10 States Code; and 

11 (2) for the Deputy Associate Administrator of 

12 the Liquefied Natural Gas division in the Office of 

13 Pipeline Safety, as established under section 16(b), 

14 critical position pay permitted under section 5377 of 

15 title 5, United States Code. 

16 (c) REPORT TO CONGRESS.— 

17 (1) IN GENERAL.—Not later than 60 days after 

18 the date of enactment of this Act, the Administrator 

19 shall transmit to the Committees on Transportation 

20 and Infrastructure and the Committee on Energy 

21 and Commerce of the House of Representatives, and 

22 the Committee on Commerce, Science, and Trans23 portation of the Senate, a report that contains— 

24 (A) the number of full-time personnel the 

25 agency has hired to meet the requirements of 


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1 subsection (a), as well as the total number of 

2 personnel employed by the Administrator; 

3 (B) a description of the agency’s efforts to 

4 comply with subsection (b); 

5 (C) a description of the personnel of the 

6 Liquefied Natural Gas division in the Office of 

7 Pipeline Safety, any impediments to hiring, and 

8 any personnel constraints affecting the ability 

9 of the agency to fulfill the authorities of such 

10 division; and 

11 (D) any other details associated with the 

12 agency’s progress toward fulfilling the staffing 

13 levels and pursuing the financial incentives as 

14 directed by this section. 

15 (2) UPDATES TO REPORT.—Not later than 90 

16 days after the date on which the report is trans17 mitted under paragraph (1) and not later than every 

18 90 days thereafter until all statutory mandates 

19 under this section are met, the Administrator shall 

20 transmit an updated report that describes the ac21 tions taken since the previous report. 

22 SEC. 18. NATIONWIDE INTEGRATED PIPELINE SAFETY REG23 ULATORY DATABASE. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of enactment of this Act, the Secretary of TransporVerDate Sep 11 2014 02:15 Nov 28, 2019 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5175.IH H5175

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1 tation shall submit to the Committee on Appropriations 

2 of the House of Representatives and the Committee on 

3 Appropriations of the Senate a report describing the re4 sources necessary for the Pipeline and Hazardous Mate5 rials Safety Administration to establish the national inte6 grated pipeline safety regulatory inspection database de7 scribed in the report required under section 11(a) of the 

8 PIPES Act of 2016 (49 U.S.C. 60108 note). 

9 (b) CONTENTS.—The report required to be submitted 

10 under subsection (a) shall include— 

11 (1) a description of the steps necessary for the 

12 Pipeline and Hazardous Materials Safety Adminis13 tration and State pipeline regulators to establish 

14 such database; and 

15 (2) a timeline for the completion of such data16 base. 

17 SEC. 19. REGULATORY UPDATES. 

18 (a) OFFICE OF MANAGEMENT AND BUDGET REVIEW

19 OF REGULATIONS.—Not later than 5 days after the date 

20 on which an outstanding regulation has been under review 

21 by the Office of Management and Budget for more than 

22 90 days, and every 15 days thereafter until the regulation 

23 is published in the Federal Register, the Secretary of 

24 Transportation shall notify the Committee on Transpor25 tation and Infrastructure of the House of Representatives, 


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1 the Committee on Energy and Commerce of the House 

2 of Representatives, and the Committee on Commerce, 

3 Science, and Transportation of the Senate that the out4 standing regulation remains under review by the Office of 

5 Management and Budget. 

6 (b) DEFINITION.—In this section, the term ‘‘out7 standing regulation’’ means a regulation regarding pipe8 line facilities required under this Act or an Act enacted 

9 prior to the date of enactment of this Act for which a final 

10 rule has not been published in the Federal Register. 

11 SEC. 20. CONSTRUCTION PROJECT APPROVALS. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall issue 

14 such regulations as are necessary to require that before 

15 a distribution pipeline construction project begins, the 

16 plans for such project shall be approved by a professional 

17 engineer, a subject matter expert, or other qualified pro18 fessional who possesses the necessary knowledge, experi19 ence, and skills regarding natural gas distribution sys20 tems, as determined by the Secretary. 

21 (b) ACCESS TO RECORDS.—In issuing the regulations 

22 under subsection (a), the Secretary shall ensure that the 

23 any individuals approving projects under subsection (a) 

24 are provided access to all relevant records and prior work 


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1 plans needed to approve the safety of the construction 

2 project. 

3 (c) APPLICATION.—Section 60118(c)(1) of title 49, 

4 United States Code, shall not apply to a regulation issued 

5 under subsection (a). 

6 SEC. 21. REPORT ON EMISSIONS. 

7 (a) ESTABLISHMENT.—Not later than 180 days after 

8 the date of enactment of this Act, the Secretary of Trans9 portation shall enter into an agreement with the National 

10 Academy of Sciences to conduct a study on technologies 

11 and measures that reduce the amount of natural gas re12 leased during venting and blowdowns of natural gas dis13 tribution systems and transmission pipelines. 

14 (b) CONSULTATION.—In carrying out the study, the 

15 National Academy of Sciences may consult entities with 

16 expertise in the causes and effects of natural gas releases 

17 and the use of technologies or measures that prevent or 

18 mitigate releases of natural gas during venting and 

19 blowdowns of natural gas distribution systems and trans20 mission pipelines. 

21 (c) REPORT.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date on which the National Academy of 

24 Sciences initiates the study, the National Academy 

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1 portation and Infrastructure of the House of Rep2 resentatives, the Committee on Energy and Com3 merce of the House of Representatives, and the 

4 Committee on Commerce, Science, and Transpor5 tation of the Senate a report on the technologies and 

6 measures described in subsection (a). 

7 (2) CONTENTS.—The report required under 

8 paragraph (1) shall include— 

9 (A) an analysis of the amount of natural 

10 gas released during venting and blowdowns of 

11 natural gas distribution systems and trans12 mission pipelines; 

13 (B) an analysis of the environmental and 

14 health impacts of releases of natural gas during 

15 such venting and blowdowns; and 

16 (C) an evaluation of pipeline technologies 

17 or measures capable of safely and effectively re18 ducing the amount of natural gas released, in19 cluding— 

20 (i) an analysis of the environmental 

21 and health benefits resulting from lower 

22 natural gas releases as a result of using 

23 such technologies or measures; 

24 (ii) an analysis of the economic value 

25 of the natural gas that is prevented from 


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1 being released as a result of the tech2 nologies or measures; 

3 (iii) an analysis of the cost of using 

4 such technologies or measures, including 

5 the cost to operators and any impacts on 

6 pipeline safety and reliability; 

7 (iv) an analysis of factors that affect 

8 the feasibility and effectiveness of using 

9 such technologies and measures; and 

10 (v) a determination of whether the 

11 benefits described in clauses (i) and (ii) 

12 outweigh the costs described in clause (iii). 

13 SEC. 22. CHANGES IN CLASS LOCATION. 

14 Not later than 18 months after the date of enactment 

15 of this Act, the Secretary of Transportation shall issue 

16 final regulations that permit the use of integrity manage17 ment program requirements, or elements thereof, to man18 age the safety of gas transmission pipeline segments that 

19 experience a change in class location. Such regulations 

20 shall be an alternative to the requirements of section 

21 192.611 of title 49, Code of Federal Regulations, as in 

22 effect on the date of enactment of this Act. 

Æ 


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