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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7655 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7655

    To amend title 49, United States Code, to improve the safety of 
            pipeline transportation, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2024

  Mr. Duncan 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 improve the safety of 
            pipeline transportation, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pipeline Safety, 
Modernization, and Expansion Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Minimum safety standards.
Sec. 4. Regulation of carbon dioxide pipeline facilities.
Sec. 5. Purpose and general authority.
Sec. 6. Eliminating hazardous natural gas leaks.
Sec. 7. Technical safety standards committees.
Sec. 8. Opportunity for formal hearing.
Sec. 9. Special permit program.
Sec. 10. Strengthening penalties for pipeline safety violations.
Sec. 11. Authorization levels.
Sec. 12. Maximum allowable operating pressure.
Sec. 13. Pipeline safety enhancement programs.
Sec. 14. Pipeline safety voluntary information-sharing system.
Sec. 15. Excavation damage prevention.
Sec. 16. Protecting fuel choice for consumers.
Sec. 17. Modernizing and expanding pipelines.
Sec. 18. Regulatory updates.
Sec. 19. Class location changes.
Sec. 20. Inspection of in-service breakout tanks.
Sec. 21. Liquefied natural gas regulatory coordination.
Sec. 22. Hydrogen study.

SEC. 2. DEFINITIONS.

    Section 60101(a)(21)(B) of title 49, United States Code, is amended 
to read as follows:
                    ``(B) does not include--
                            ``(i) gathering gas (except through 
                        regulated gathering lines) in a rural area 
                        outside a populated area designated by the 
                        Secretary as a nonrural area; or
                            ``(ii) moving gas through a piping system 
                        for a purpose that directly supports the 
                        operations of an onshore production, refining, 
                        or manufacturing facility, including for use as 
                        fuel or feedstock, if the piping system is--
                                    ``(I) an in-plant piping system 
                                that is located entirely within the 
                                boundary of the facility; or
                                    ``(II) a transfer piping system 
                                that extends less than one mile in 
                                length outside the boundaries of the 
                                facility;''.

SEC. 3. MINIMUM SAFETY STANDARDS.

    Section 60102(b) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (D), by striking ``benefits'' 
                and inserting ``safety and economic benefits within the 
                United States''; and
                    (B) in subparagraph (E), by inserting ``within the 
                United States'' after ``costs'';
            (2) in paragraph (3)(B), by striking ``benefits'' and 
        inserting ``safety and economic benefits within the United 
        States''; and
            (3) in paragraph (5)--
                    (A) by inserting ``explicitly'' before 
                ``required'';
                    (B) by inserting ``, economic,'' after ``safety''; 
                and
                    (C) by inserting ``within the United States'' after 
                ``environmental benefits''.

SEC. 4. REGULATION OF CARBON DIOXIDE PIPELINE FACILITIES.

    (a) Facility Operation Information Standards.--Section 60102(d)(5) 
of title 49, United States Code is amended--
            (1) in subparagraph (B), by striking ``; and''; and
            (2) by adding at the end the following:
                    ``(D) for pipelines transporting carbon dioxide, 
                actions and procedures for leak detection and for 
                coordination, communications, and alerts specific to 
                responding to and containing a release from such a 
                pipeline; and''.
    (b) Carbon Dioxide Regulation.--
            (1) Rulemakings required.--
                    (A) Transportation in liquid state.--Not later than 
                one year after the date of enactment of this Act, the 
                Secretary of Transportation shall issue a final rule to 
                carry out section 60102(i)(1) of title 49, United 
                States Code; and
                    (B) Transportation in gaseous state.--Not later 
                than one year after the date of enactment of this Act, 
                the Secretary of Transportation shall issue a final 
                rule to carry out section 60102(i)(2) of title 49, 
                United States Code.
            (2) Transportation in gaseous state.--Section 
        60102(i)(2)(B) of title 49, United States Code, is amended by 
        striking ``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'' and inserting ``apply the minimum safety 
        standards in part 195 of title 49, Code of Federal Regulations, 
        as appropriate''.
            (3) Considerations; dispersion modeling.--Section 60102(i) 
        of title 49, United States Code, is amended by adding at the 
        end the following:
            ``(4) Considerations.--In prescribing standards under this 
        subsection, the Secretary shall consider public input and the 
        adoption of industry consensus standards regarding the safe 
        transportation of carbon dioxide.
            ``(5) Dispersion modeling.--
                    ``(A) Safety standards.--In prescribing standards 
                under this subsection, the Secretary shall prescribe 
                minimum safety standards to require each operator of a 
                pipeline facility by which carbon dioxide is 
                transported to perform vapor dispersion modeling to 
                identify high consequence areas (as defined in section 
                195.450 of title 49, Code of Federal Regulations, and 
                paragraph (7)(I)(A) of Appendix C to part 195 of such 
                title (or a successor regulation)) that could be 
                affected by a release from such a pipeline facility.
                    ``(B) Considerations.--In performing vapor 
                dispersion modeling pursuant to subparagraph (A), 
                operators of a pipeline facility by which carbon 
                dioxide is transported shall consider--
                            ``(i) the topography surrounding the 
                        pipeline facility;
                            ``(ii) atmospheric conditions that could 
                        affect vapor dispersion;
                            ``(iii) pipeline facility operating 
                        characteristics; and
                            ``(iv) additional substances present in the 
                        pipeline facility that could affect vapor 
                        dispersion.
                    ``(C) Maintenance of files.--The Secretary shall 
                require each operator of a pipeline facility by which 
                carbon dioxide is transported to maintain records 
                documenting the areas that could affect high 
                consequence areas, as determined using the vapor 
                dispersion modeling required pursuant to subparagraph 
                (A), in the manual of written procedures for operating, 
                maintaining, and handling emergencies for such pipeline 
                facility.
                    ``(D) Protection of sensitive information.--In 
                responding to a public request for information 
                regarding vapor dispersion modeling performed pursuant 
                to this paragraph, the Secretary may, taking into 
                account public safety, security, and the need for 
                public access, exclude from disclosure (as the 
                Secretary determines appropriate)--
                            ``(i) security-sensitive information 
                        related to strategies for responding to worst-
                        case carbon dioxide release scenarios;
                            ``(ii) security-sensitive information 
                        related to carbon dioxide release plumes; and
                            ``(iii) security-sensitive information 
                        related to plans for responding to a carbon 
                        dioxide release.
                    ``(E) Statutory construction.--Nothing in this 
                paragraph may be construed to require disclosure of 
                information or records that are exempt from disclosure 
                under section 552 of title 5.''.
    (c) Underground Sequestration of Carbon Dioxide.--Section 40306 of 
the Infrastructure Investment and Jobs Act (42 U.S.C. 300h-9) is 
amended by adding at the end the following:
    ``(d) Underground Sequestration of Carbon Dioxide.--
            ``(1) In general.--Effective immediately upon the date of 
        enactment of this subsection, owners or operators may request 
        that the Administrator issue an aquifer exemption for a Class 
        VI well. In addition, owners or operators of Class II wells may 
        request that the Administrator approve an expansion to the 
        areal extent of an aquifer exemption already in place for a 
        Class II well for the purpose of Class VI injection for 
        geologic sequestration.
            ``(2) Designations.--In considering a request under 
        paragraph (1), the Administrator shall designate an aquifer or 
        portion thereof an exempted aquifer, as defined in section 
        144.3 of title 40, Code of Federal Regulations (or successor 
        regulations), if it meets the criteria set forth in paragraphs 
        (a) through (c) of section 146.4 of title 40, Code of Federal 
        Regulations, as in effect on the date of enactment of this 
        subsection. In addition, an aquifer or portion thereof shall be 
        considered an exempted aquifer for Class VI wells if the 
        Administrator has designated that aquifer or portion thereof an 
        exempted aquifer for any other purpose.
            ``(3) Rulemaking.--The Administrator shall revise section 
        144.7 and section 146.4 of title 40, Code of Federal 
        Regulations, to conform with this subsection.''.

SEC. 5. PURPOSE AND GENERAL AUTHORITY.

    (a) Worker and Public Safety Zones.--Section 60102 of title 49, 
United States Code, is amended by adding at the end the following:
    ``(u) Worker and Public Safety Zones.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall prescribe a 
        safety standard requiring each owner or operator of a pipeline 
        facility to establish a worker and public safety zone at the 
        location of any construction, replacement, or repair of the 
        pipeline facility, within which only persons authorized by the 
        owner or operator of the pipeline facility, including 
        contractors and subcontractors, shall be permitted.
            ``(2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall include requirements that the owner or operator 
        of a pipeline facility--
                    ``(A) ensure that--
                            ``(i) a worker and public safety zone is in 
                        place at all times beginning on the date on 
                        which the construction, replacement, or repair 
                        of the pipeline facility commences and ending 
                        on the date on which such construction, 
                        replacement, or repair is completed; and
                            ``(ii) the worker and public safety zone 
                        includes any areas associated with such 
                        construction, replacement, or repair that are 
                        reasonably necessary for such activities to be 
                        carried out; and
                    ``(B) post a notice at an appropriate location at 
                or near the boundary of the worker and public safety 
                zone to increase public awareness and minimize 
                potential hazards of the zone.
            ``(3) Scope.--The standards prescribed under this 
        subsection shall not apply to any pipeline facility used in 
        local distribution of gas or hazardous liquid, an intrastate 
        gas pipeline facility, or an intrastate hazardous liquid 
        pipeline facility.
            ``(4) Civil penalty.--
                    ``(A) In general.--Any unauthorized individual 
                entering a worker and public safety zone established 
                pursuant to this subsection shall be liable to the 
                United States for a civil penalty for each violation.
                    ``(B) Amount.--The Secretary shall determine the 
                amount of such penalty using the considerations under 
                section 60122(b).
            ``(5) Rule of construction.--Nothing in this subsection may 
        be construed to authorize the use of eminent domain.''.
    (b) Alternative Technologies.--Section 60102 of title 49, United 
States Code, is further amended by adding at the end the following:
    ``(v) Alternative Technologies.--
            ``(1) Requests for comments.--Not later than 1 year after 
        the date of enactment of this subsection, and every 5 years 
        thereafter, the Secretary shall issue a request for comments to 
        identify any potential alternative technology that--
                    ``(A) is commercially available; and
                    ``(B) if used by the operator of a pipeline 
                facility, will provide a level of safety that is equal 
                to, or greater than, that provided by a safety standard 
                prescribed under this chapter.
            ``(2) Evaluations and proposed rules.--Not later than 2 
        years after a request for comments is issued under paragraph 
        (1), the Secretary shall--
                    ``(A) evaluate the alternative technologies 
                identified pursuant to such request;
                    ``(B) determine whether any such alternative 
                technologies meet the requirements of subparagraphs (A) 
                and (B) of such paragraph; and
                    ``(C) with respect to each alternative technology 
                the Secretary determines meets such requirements, issue 
                a proposed rule authorizing operators of pipeline 
                facilities to comply with the applicable safety 
                standard through the use of such alternative 
                technology.
            ``(3) Final rules.--Not later than 1 year after issuing a 
        proposed rule under paragraph (2), the Secretary shall finalize 
        such rule.
            ``(4) Limitation.--The Secretary may not, in a final rule 
        issued under paragraph (3), require an operator of a pipeline 
        facility to comply with a safety standard through the use of an 
        alternative technology identified under this subsection.''.

SEC. 6. ELIMINATING HAZARDOUS NATURAL GAS LEAKS.

    Section 60108(a)(2) of title 49, United States Code, is amended--
            (1) in subparagraph (D)(ii)--
                    (A) by inserting ``with respect to gas pipeline 
                facilities,'' before ``eliminating'';
                    (B) by inserting ``natural gas'' before ``leaks''; 
                and
                    (C) by inserting ``such gas'' after ``natural gas 
                from''; and
            (2) in subparagraph (E)--
                    (A) by inserting ``if applicable,'' before ``the 
                extent'';
                    (B) by striking ``pipelines'' and inserting ``gas 
                pipeline facilities''; and
                    (C) by striking ``of the pipeline'' and inserting 
                ``of the gas pipeline facility''.

SEC. 7. TECHNICAL SAFETY STANDARDS COMMITTEES.

    Section 60115 of title 49, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), by inserting ``in accordance 
                with paragraph (4)'' after ``the Secretary shall 
                publish the reasons''; and
                    (B) by adding at the end the following:
    ``(4) The Secretary shall, not later than 15 days after prescribing 
a standard under paragraph (3) with respect to which a committee has 
prepared a report under paragraph (2), submit to the Committees on 
Energy and Commerce and Transportation and Infrastructure of the House 
of Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available, a report 
regarding the reasons the Secretary rejected any conclusions of the 
committee.''; and
            (2) in subsection (e), by striking ``up to 4 times'' and 
        inserting ``2 times''.

SEC. 8. OPPORTUNITY FOR FORMAL HEARING.

    (a) Enforcement Procedures.--Section 60117(b)(1) of title 49, 
United States Code, is amended--
            (1) in subparagraph (I), by striking ``and'' at the end;
            (2) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) in the case of an enforcement matter relating 
                to a notice of a probable violation, provide an 
                opportunity for a formal hearing described in paragraph 
                (2)(B).''.
    (b) Protocols for Public Hearing.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation shall 
publish protocols for hearings open to the public pursuant to section 
60117(b)(2) of title 49, United States Code, that ensure an orderly 
process and protection of confidential information, in accordance with 
section 554 of title 5, United States Code.

SEC. 9. SPECIAL PERMIT PROGRAM.

    (a) Compliance and Waivers.--Section 60118(c)(1) of title 49, 
United States Code, is amended by adding at the end the following:
                    ``(C) Limitation on terms.--The Secretary shall 
                impose no terms on a waiver under this paragraph that 
                do not apply to known pipeline safety risks applicable 
                to the standard being waived under subparagraph (A).
                    ``(D) Publication.--Upon completion of the 
                application requirements under section 190.341 of title 
                49, Code of Federal Regulations, or successor 
                regulations, the Secretary shall publish notice of the 
                application in the Federal Register.
                    ``(E) Review of application.--The Secretary shall 
                complete a review of each such application not later 
                than 18 months after publishing a notice in the Federal 
                Register described in subparagraph (D) with respect to 
                the application.''.
    (b) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committees on Energy and Commerce and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the implementation by 
        the Administrator of the Pipeline and Hazardous Materials 
        Safety Administration of the amendment made by subsection (a).
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a listing of each special permit application 
                applied for under section 60118(c)(1) of title 49, 
                United States Code;
                    (B) a brief summary of the purpose of each such 
                special permit;
                    (C) the date on which each such application was 
                received;
                    (D) the date on which each such application was 
                completed or, in the absence of completion, the status 
                of the application;
                    (E) the date on which the Secretary issued a 
                determination on the application; and
                    (F) the explanation of the Secretary for any 
                decision made outside the review period identified in 
                section 60118(c)(1)(E) of title 49, United States Code, 
                if applicable.
    (c) GAO Report.--Not later than 1 year after the submission of the 
report under subsection (b), the Comptroller General of the United 
States shall submit to the Committees on Energy and Commerce and 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report assessing the Secretary's implementation of, and compliance 
with, subparagraphs (C) through (E) of section 60118(c)(1) of title 49, 
United States Code.

SEC. 10. STRENGTHENING PENALTIES FOR PIPELINE SAFETY VIOLATIONS.

    Section 60123(b) of title 49, United States Code, is amended--
            (1) by striking ``damaging or destroying'' and inserting 
        ``damaging, destroying, or impairing the operation of''; and
            (2) by inserting ``damaging or destroying such a facility 
        under construction and intended to be operated as such a 
        facility on completion of the construction,'' before ``or 
        attempting''.

SEC. 11. AUTHORIZATION LEVELS.

    Section 60125 of title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Gas and Hazardous Liquid.--
            ``(1) In general.--From fees collected under section 60301, 
        there are authorized to be appropriated to the Secretary to 
        carry out section 12 of the Pipeline Safety Improvement Act of 
        2002 (49 U.S.C. 60101 note; Public Law 107-355) and the 
        provisions of this chapter relating to gas and hazardous liquid 
        $150,000,000 for each of fiscal years 2024 through 2028, of 
        which--
                    ``(A) $9,000,000 shall be used to carry out section 
                12 of the Pipeline Safety Improvement Act of 2002 (49 
                U.S.C. 60101 note; Public Law 107-355); and
                    ``(B) $75,000,000 shall be used for making grants.
            ``(2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated under paragraph (1), there are 
        authorized to be appropriated from the Oil Spill Liability 
        Trust Fund established by section 9509(a) of the Internal 
        Revenue Code of 1986 to carry out section 12 of the Pipeline 
        Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
        Law 107-355) and the provisions of this chapter relating to 
        hazardous liquid $28,000,000 for each of fiscal years 2024 
        through 2028, of which--
                    ``(A) $3,000,000 shall be used to carry out section 
                12 of the Pipeline Safety Improvement Act of 2002 (49 
                U.S.C. 60101 note; Public Law 107-355); and
                    ``(B) $13,000,000 shall be used for making grants.
            ``(3) Underground natural gas storage facility safety 
        account.--From fees collected under section 60302, there is 
        authorized to be appropriated to the Secretary to carry out 
        section 60141 $8,000,000 for each of fiscal years 2024 through 
        2028.''; and
            (2) in subsection (b)(2), by striking ``2021 through 2023'' 
        and inserting ``2024 through 2028''.

SEC. 12. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    Section 60139 of title 49, United States Code, is amended--
            (1) in subsection (c)(1)(A) by inserting ``except as 
        provided in subsection (e),'' before ``require'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Testing Records Working Group.--
            ``(1) Previously tested gas pipeline facilities.--Until the 
        publication of a final rule under paragraph (3), the Secretary 
        shall not require an owner or operator of a gas pipeline 
        facility to reconfirm the maximum allowable operating pressure 
        of a transmission line of the gas pipeline facility pursuant to 
        section 192.624 of title 49, Code of Federal Regulations (or 
        any successor regulations), if the owner or operator confirms 
        the material strength of the transmission line through prior 
        testing that is--
                    ``(A) conducted to a sufficient minimum pressure in 
                accordance with prevailing safety standards and 
                practices, including any applicable class location 
                factors; and
                    ``(B) documented in contemporaneous records.
            ``(2) Working group report.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of the Pipeline Safety, 
                Modernization, and Expansion Act of 2024, the Secretary 
                shall create a balanced working group (hereinafter 
                referred to as the `Working Group') to prepare a report 
                on prior testing described in paragraph (1), including 
                recommendations on documentation of such prior testing 
                that is sufficient to confirm the material strength of 
                transmission lines of gas pipeline facilities.
                    ``(B) Composition of working group.--The Working 
                Group--
                            ``(i) shall be comprised of the 
                        Administrator of the Pipeline and Hazardous 
                        Materials Safety Administration, State pipeline 
                        regulators, the public, and industry 
                        stakeholders active in the operation of 
                        transmission lines of gas pipeline facilities; 
                        and
                            ``(ii) may include members of the Technical 
                        Pipeline Safety Standards Committee and be 
                        conducted in a manner that otherwise ensures 
                        input from the public, as determined 
                        appropriate by the Secretary.
                    ``(C) Consideration.--In preparing the report 
                required under subparagraph (A), the Working Group--
                            ``(i) shall consider historical practices 
                        and all available research conducted regarding 
                        contemporaneous records of the minimum pressure 
                        of transmission lines of gas pipeline 
                        facilities; and
                            ``(ii) may consider the need for any 
                        additional research or analysis needed to 
                        demonstrate the adequacy of any material 
                        strength testing performed.
                    ``(D) Applicability of faca.--Chapter 10 of title 5 
                shall not apply to the Working Group.
                    ``(E) Submission of report.--Not later than 180 
                days after the date of enactment of the Pipeline 
                Safety, Modernization, and Expansion Act of 2024, the 
                Working Group shall submit to the Secretary the report 
                prepared under subparagraph (A), including any minority 
                views.
            ``(3) Rulemaking.--Not later than 180 days after receiving 
        the report submitted under paragraph (2)(E), the Secretary 
        shall publish a final rule to implement the recommendations 
        contained in such report that the Secretary determines are 
        necessary to confirm the material strength of transmission 
        lines of gas pipeline facilities through prior testing.''.

SEC. 13. PIPELINE SAFETY ENHANCEMENT PROGRAMS.

    Section 60142 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``The Secretary may'' 
        and inserting ``During the period of calendar years 2024 
        through 2030, the Secretary shall'';
            (2) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--Testing programs established under 
        subsection (a) may not exceed--
                    ``(A) 5 percent of the total miles of hazardous 
                liquid pipelines in the United States; and
                    ``(B) 5 percent of the total miles of natural gas 
                pipelines in the United States.
            ``(2) Operator mileage limitation.--The Secretary shall 
        limit the miles of pipelines that each operator can test under 
        each program established under subsection (a) to the lesser 
        of--
                    ``(A) 50 percent of the total miles of pipelines in 
                the system of the operator; or
                    ``(B) 1,000 miles.'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``3 years'' and 
                inserting ``4 years''; and
                    (B) in paragraph (2), by striking ``3 years after 
                the date of enactment of this section'' and inserting 
                ``3 years after the date of enactment of the Pipeline 
                Safety, Modernization, and Expansion Act of 2024'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``equal to or'' 
                before ``greater than'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``under subparagraph (A) of section 
                        60118(c)(1)'' and inserting ``waiving 
                        compliance with any part of an applicable 
                        standard prescribed under this chapter'';
                            (ii) in subparagraph (B), by striking 
                        ``pertain only to those regulations that would 
                        otherwise prevent the use of the safety 
                        technology to be tested under the testing 
                        program'' and inserting ``require no further 
                        conditions beyond compliance with this 
                        section''; and
                            (iii) by adding at the end the following:
                    ``(C) Applicability of section 60118(c)(1) waiver 
                process.--The process to waive compliance with any part 
                of an applicable standard prescribed under this chapter 
                under subparagraph (A) of this paragraph shall be 
                separate from the process under subparagraph (A) of 
                section 60118(c)(1) and the Secretary may not require a 
                testing program applicant to use the process or 
                otherwise meet the requirements under section 
                60118(c)(1) (including any regulations issued 
                thereunder) in order for an order waiving compliance 
                with any part of an applicable standard prescribed 
                under this chapter to be issued under subparagraph (A) 
                of this paragraph.''; and
                    (C) in paragraph (3)--
                            (i) in the heading, by striking ``Increased 
                        safety capabilities'' and inserting ``Pipeline 
                        safety enhancement''; and
                            (ii) by striking ``improvement'' and 
                        inserting ``enhancement'';
            (5) by striking subsection (h);
            (6) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively;
            (7) by adding the following after subsection (e):
    ``(f) Multiple Operators.--The Secretary may select up to 5 owners 
or operators under a single application for participation in a testing 
program to be carried out under subsection (a).'';
            (8) in subsection (i)(2)(B), by striking ``30 days'' and 
        inserting ``10 days''; and
            (9) by adding at the end the following:
    ``(m) Approval Process.--The Secretary establishing and carrying 
out a testing program under subsection (a) may not be considered a 
major Federal action under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    ``(n) Prohibition.--In establishing and carrying out a testing 
program under subsection (a), the Secretary may not enforce any 
requirement not described in this section.''.

SEC. 14. PIPELINE SAFETY VOLUNTARY INFORMATION-SHARING SYSTEM.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60144. Voluntary information-sharing system
    ``(a) Establishment.--The Secretary shall establish a confidential 
voluntary information-sharing system, in accordance with the 
recommendations provided under section 10 of the PIPES Act of 2016, 
that--
            ``(1) is a comprehensive, systematic, and integrated 
        structure for--
                    ``(A) gathering, evaluating, and quantifying 
                critical pipeline safety data and information; and
                    ``(B) sharing recommended remediation measures and 
                lessons learned across the pipeline industry in an 
                efficient and confidential manner;
            ``(2) will encourage the voluntary sharing of pipeline 
        safety data and information to improve the safety of pipeline 
        facilities; and
            ``(3) may not be used in relation to the enforcement of 
        requirements under this chapter.
    ``(b) Governance.--
            ``(1) Governing board.--
                    ``(A) Establishment.--Not later than 180 days after 
                the date of enactment of the Pipeline Safety, 
                Modernization, and Expansion Act of 2024, the 
                Administrator of the Pipeline and Hazardous Materials 
                Safety Administration shall appoint a governing board 
                for the VIS in accordance with this paragraph, after 
                consulting with public and private pipeline safety 
                stakeholders.
                    ``(B) Composition of the board.--The governing 
                board shall be comprised of 15 members and shall 
                represent a balanced cross-section of pipeline safety 
                stakeholders as follows:
                            ``(i) 5 individuals shall be 
                        representatives of departments, agencies, or 
                        instrumentalities of the Federal Government and 
                        of the States and territories, one of which 
                        shall be the Administrator.
                            ``(ii) 5 individuals shall be 
                        representatives of the gas or hazardous liquid 
                        industries, such as operators, trade 
                        associations, inspection technology, coating, 
                        and cathodic protection vendors, and pipeline 
                        inspection organizations.
                            ``(iii) 5 individuals shall be 
                        representatives of general public safety 
                        advocacy organizations, such as pipeline safety 
                        and environmental advocacy groups, labor and 
                        worker safety representatives, and the general 
                        public.
                    ``(C) Board terms.--Each member of the governing 
                board shall be appointed for three years, with the 
                terms of five of the members expiring each year. The 
                term of at least one and not more than two members of 
                each of the three stakeholder groups established in 
                subparagraph (B) shall expire each year. In the initial 
                appointment, terms of one, two, and three years shall 
                be established to allow the terms of five members to 
                expire thereafter each year. Each member may be 
                reappointed for consecutive three-year terms.
                    ``(D) Co-chairs.--The governing board shall be co-
                chaired by the Administrator, who shall appoint as co-
                chairs, with advice and consent of the governing board, 
                a member appointed under each of clauses (ii) and (iii) 
                of subparagraph (B). The co-chairs shall be jointly 
                responsible for organizing and conducting meetings of 
                the governing board.
                    ``(E) Authority.--The governing board shall make 
                decisions by a super-majority, defined as two-thirds 
                plus one of the governing board members, and shall have 
                the authority to--
                            ``(i) govern and provide strategic 
                        oversight of the VIS;
                            ``(ii) develop and make public governance 
                        documents, including a charter that describes 
                        the scope of the authority and objectives of 
                        the governing board;
                            ``(iii) select a third-party data manager 
                        with expertise in data protection, aggregation, 
                        and analytics;
                            ``(iv) approve the criteria and procedures 
                        governing how the third-party data manager will 
                        receive, secure, and accept for inclusion in 
                        the VIS pipeline safety data and information;
                            ``(v) establish and appoint members to the 
                        issue analysis teams;
                            ``(vi) collaborate with the issue analysis 
                        teams to--
                                    ``(I) identify the issues and 
                                topics to be analyzed by the issue 
                                analysis teams; and
                                    ``(II) specify the type of pipeline 
                                safety data and information that the 
                                issue analysis teams need to analyze 
                                such issues and topics;
                            ``(vii) determine the information to be 
                        accepted for inclusion in, and shared using, 
                        the VIS;
                            ``(viii) determine the reports to be 
                        accepted for inclusion in, and shared using, 
                        the VIS;
                            ``(ix) determine which participating 
                        entities are authorized to access information 
                        and reports included in the VIS;
                            ``(x) at least once per year, issue a 
                        public report on VIS processes, membership of 
                        the governing board, issues being investigated 
                        and analyzed, pipeline safety data and 
                        information that the VIS has requested for 
                        submission to the VIS, and safety trends 
                        identified; and
                            ``(xi) perform other functions as the 
                        governing board decides are necessary or 
                        appropriate, consistent with the purpose of the 
                        VIS.
                    ``(F) Federal advisory committee act 
                inapplicable.--The governing board shall not be subject 
                to the requirements of chapter 10 of title 5, United 
                States Code.
            ``(2) Program management.--The Administrator shall provide 
        program management and administrative support for the VIS, 
        including oversight of the third-party data manager.
            ``(3) Third-party data manager.--The third-party data 
        manager selected by the governing board shall provide data 
        management and data oversight services for the VIS, including--
                    ``(A) receiving and securing pipeline safety data 
                and information submitted to the VIS;
                    ``(B) accepting for inclusion in the VIS such 
                pipeline safety data and information that meets the 
                criteria and procedures established by the governing 
                board under paragraph (1)(E)(iv);
                    ``(C) deidentifying, storing, and managing pipeline 
                safety data and information that is accepted for 
                inclusion in the VIS;
                    ``(D) collaborating with the issue analysis teams 
                to analyze and aggregate pipeline safety data and 
                information that is accepted for inclusion in the VIS;
                    ``(E) preparing reports as requested by the 
                governing board regarding the type of pipeline safety 
                data and information that is included in the VIS; and
                    ``(F) making recommendations to the governing board 
                regarding the management of pipeline safety data and 
                information, as appropriate.
            ``(4) Issue analysis teams.--The issue analysis teams 
        established by the governing board shall--
                    ``(A) consist of technical and subject matter 
                experts;
                    ``(B) work with the third-party data manager to 
                aggregate and analyze pipeline safety data and 
                information submitted to the VIS that is related to 
                issues and topics identified by the governing board; 
                and
                    ``(C) collaborate with the governing board to 
                identify issues and topics for analysis and submit 
                internal reports and recommendations to the governing 
                board on the identified issues and topics.
            ``(5) Participation.--
                    ``(A) Voluntary participation.--No person shall be 
                required to participate in or submit data or 
                information for inclusion in the VIS.
                    ``(B) Prohibition.--The criteria and procedures 
                established under paragraph (1)(E)(iv) shall prohibit 
                the acceptance of data or information about an operator 
                if the operator has not authorized the submission of 
                the data or information.
                    ``(C) Sharing of information.--The governing board 
                shall encourage the voluntary sharing of pipeline 
                safety data and information among participating 
                entities.
    ``(c) Information Sharing.--Pipeline safety data and information 
accepted for inclusion in the VIS shall be related to the issues and 
topics identified by the governing board to be analyzed by the issue 
analysis teams, including--
            ``(1) pipeline integrity risk analysis information;
            ``(2) lessons learned from accidents and near misses;
            ``(3) process improvements;
            ``(4) technology deployment practices;
            ``(5) information obtained through VIS pipeline safety 
        surveys of pipeline operator employees, provided that such 
        surveys are voluntarily agreed to by the pipeline operator; and
            ``(6) pipeline safety data and information that may lead to 
        the identification of pipeline safety risks, as determined by 
        the governing board.
    ``(d) Confidentiality.--
            ``(1) Nonpublic information.--To facilitate the sharing of 
        otherwise nonpublic pipeline safety data and information in the 
        VIS, nonpublic information accepted for inclusion in the VIS 
        shall be kept confidential, except as provided in paragraph 
        (2).
            ``(2) Deidentified nonpublic information.--
                    ``(A) Safety.--The governing board may approve the 
                disclosure of deidentified nonpublic information 
                through the VIS, or by the Administrator of the 
                Pipeline and Hazardous Materials Safety Administration, 
                that the governing board in its sole discretion 
                determines is appropriate to disclose to improve 
                pipeline safety, based on analysis of the deidentified 
                information and any safety findings or recommendations.
                    ``(B) Reports.--The governing board, in issuing 
                public reports under subsection (b)(1)(E)(x), shall 
                approve the disclosure of deidentified nonpublic 
                information through the VIS that the governing board 
                determines is necessary to adequately describe and 
                illustrate the issues and topics being investigated and 
                analyzed using the VIS.
            ``(3) Prohibition.--Except as provided in paragraph (2), no 
        person, including any governing board member, the third-party 
        data manager, any issue analysis team member, nor any Federal, 
        State, local, or Tribal agency, having or obtaining access to 
        nonpublic information accepted for inclusion in the VIS, shall 
        release or communicate such nonpublic information, in either an 
        identified or deidentified form, to any person the governing 
        board has not authorized to access such information.
    ``(e) Applicability of FOIA.--Any nonpublic information that is 
accepted for inclusion in the VIS and subsequently obtained by the 
Secretary or the Administrator from the VIS is exempt from the 
requirements of section 552 of title 5, and specifically exempt from 
release under subsection (b)(3) of such section.
    ``(f) Exclusions.--
            ``(1) Excluded evidence.--Except as provided in paragraph 
        (3), nonpublic information accepted for inclusion in the VIS 
        shall not be obtained from the VIS--
                    ``(A) for use as evidence for any purpose in any 
                Federal, State, local, Tribal, or private litigation, 
                including any action or proceeding; or
                    ``(B) to initiate any enforcement action or civil 
                litigation against a pipeline operator or its employees 
                or contractors relating to a probable violation under 
                this chapter (including any regulation promulgated or 
                order issued under this chapter).
            ``(2) Exclusion from discovery.--Except as provided in 
        paragraph (3), nonpublic information accepted for inclusion in 
        the VIS shall not be subject to discovery from the VIS in any 
        Federal, State, local, Tribal, or private litigation or other 
        proceeding.
            ``(3) Limitations on exclusions.--The exclusions described 
        in paragraphs (1) and (2) shall not apply to--
                    ``(A) data or information that is evidence of a 
                criminal violation;
                    ``(B) data or information not related to the 
                activities described in subsection (a)(1) for which the 
                VIS is established;
                    ``(C) data or information otherwise required to be 
                reported to the Secretary under part 191 (including 
                information about an incident or accident), part 192, 
                part 194, part 195, or part 199 of title 49, Code of 
                Federal Regulations (or a successor regulation) or 
                required to be reported under the requirements of a 
                State authority; or
                    ``(D) data or information developed or obtained 
                from a source other than the VIS.
    ``(g) No Effect on Discovery.--
            ``(1) In general.--Nothing in this section, nor any rule, 
        regulation, or amendment shall be construed to create a defense 
        to a discovery request or otherwise limit or affect the 
        discovery of pipeline safety data and information arising from 
        a cause of action authorized under any under Federal, State, or 
        local law.
            ``(2) Exception.--Paragraph (1) shall not apply to 
        exclusions from discovery from the VIS as described in 
        subsection (f)(2).
    ``(h) Reporting.--Not later than the end of each fiscal year, the 
Secretary shall submit to Congress a report on the status of the VIS.
    ``(i) Definitions.--In this section:
            ``(1) Nonpublic information.--The term `nonpublic 
        information' means any data or information, regardless of form 
        or format, that a company does not disclose, disseminate, or 
        make available to the public or that is not otherwise in the 
        public domain.
            ``(2) Participating entity.--The term `participating 
        entity' means an entity determined appropriate by the Secretary 
        to submit information for inclusion in the VIS, or to be 
        authorized to access information and reports included in the 
        VIS, including--
                    ``(A) an operator of a pipeline facility, and 
                related employees, labor unions, contractors, in-line 
                inspection service providers, and nondestructive 
                evaluation experts;
                    ``(B) the Pipeline and Hazardous Materials Safety 
                Administration; and
                    ``(C) a representative of a State pipeline safety 
                agency, a Tribal agency, a pipeline safety advocacy 
                group, a manufacturer of materials or equipment used in 
                pipeline facilities, a research or academic 
                institution, and other pipeline stakeholders.
            ``(3) Public information.--The term `public information' 
        means any data or information, regardless of form or format, 
        that a company discloses, disseminates, or makes available to 
        the public or that is otherwise in the public domain.
            ``(4) VIS.--The term `VIS' means the voluntary information-
        sharing system established under subsection (a).''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is amended by adding at the end the 
following:

``60144.Voluntary information-sharing system.''.

SEC. 15. EXCAVATION DAMAGE PREVENTION.

    (a) Grants to States.--Section 6106 of title 49, United States 
Code, is amended--
            (1) in subsection (b) by inserting ``adoption or progress 
        toward adoption of the leading practices listed in subsection 
        (b) and'' before ``legislative and regulatory'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Leading Practices.--Each State shall adopt as a part of its 
State one-call notification program leading practices that--
            ``(1) identify the size and scope of a one-call ticket for 
        standard locate requests, including process exceptions for 
        special large project tickets;
            ``(2) restrict the longevity of a one-call ticket for 
        standard locate requests, which may include process exceptions 
        for special large project tickets;
            ``(3) examine and limit exemptions to the State one-call 
        notification program to prevent common excavation damage 
        incidents, including limiting exemptions for--
                    ``(A) excavation or demolition performed by the 
                owner of a single-family residential property;
                    ``(B) any excavation of 18 inches or less when 
                maintenance activities are performed;
                    ``(C) repairing, connecting, adjusting, or 
                conducting routine maintenance of a private or public 
                underground utility facility; and
                    ``(D) municipalities, public works organizations, 
                and State departments of transportation for road 
                maintenance;
            ``(4) specify tolerance zone horizontal dimensions and 
        requirements for hand-dig, hydro, vacuum excavation, and other 
        nonintrusive methods;
            ``(5) specify emergency excavation notification 
        requirements, including defining emergency excavation and 
        identifying the notification requirements for an emergency 
        excavation;
            ``(6) specify the responsibilities of the excavator, 
        including the reporting of damages due to excavation 
        activities;
            ``(7) define who is an excavator and what is considered 
        excavation;
            ``(8) require the use of white lining or electronic white 
        lining, allowing for exceptions for special large project 
        tickets;
            ``(9) require a positive response, meaning the utility, 
        municipality, or other entity marks the area of excavation in 
        positive response to the notification center and the excavator 
        confirms a positive response before beginning excavation;
            ``(10) require newly installed underground facilities to be 
        locatable;
            ``(11) require the marking of lines and laterals, including 
        sewer lines and laterals;
            ``(12) require training programs and requirements for 
        third-party excavators performing excavation activities that 
        are not subject to pipeline construction requirements under 
        part 192 or part 195 of title 49, Code of Federal Regulations 
        (or any successor regulations);
            ``(13) require training for locate professionals; and
            ``(14) encourage the use of commercially available 
        technologies to locate underground facilities, such as 
        geographic information systems and enhanced positive response.
    ``(c) Report to Congress.--
            ``(1) Initial report.--Not later than 3 years after the 
        date of enactment of the Pipeline Safety, Modernization, and 
        Expansion Act of 2024, the Secretary shall submit to the 
        Committees on Energy and Commerce and Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report detailing--
                    ``(A) the adoption of the leading practices 
                described in such subsection;
                    ``(B) recommendations to increase the adoption of 
                such leading practices and recommendations for the 
                reduction of excavation damage incidents; and
                    ``(C) the number of underground facility damages 
                per 1,000 one-call tickets in each State for the 
                reporting year.
            ``(2) Additional reports.--Not later than once every 2 
        years beginning after the submittal of the report under 
        paragraph (1), the Secretary shall submit to the Committees on 
        Energy and Commerce and Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report detailing--
                    ``(A) the adoption of the leading practices 
                described in subsection (b);
                    ``(B) recommendations to increase the adoption of 
                such leading practices and recommendations for the 
                reduction of excavation damage incidents; and
                    ``(C) the number of underground facility damages 
                per 1,000 one-call tickets in each state for each year 
                covered by the report.''; and
            (4) by adding at the end the following:
    ``(f) Savings Clause.--This section shall not affect--
            ``(1) the eligibility of a State or State authority for a 
        grant or payment under section 60107 or 60134;
            ``(2) the requirements of section 60105 with respect to 
        certifications under such section; or
            ``(3) the requirements of section 60106 with respect to 
        agreements under such section.''.
    (b) State Damage Prevention Programs.--Section 60134(c) of title 
49, United States Code, is amended--
            (1) by striking ``In making grants'' and inserting the 
        following:
            ``(1) In general.--In making grants''; and
            (2) by adding at the end the following:
            ``(2) Considerations.--In evaluating criteria for 
        determining the effectiveness of the damage prevention program 
        of a State, the Secretary shall consider whether the State has, 
        at a minimum--
                    ``(A) effective, active, and consistent enforcement 
                of the State one-call notification program, as such 
                term is defined in section 6102, (including consistency 
                in the application of enforcement resources, fines, and 
                penalties to all relevant stakeholders, such as 
                operators, locators, and excavators);
                    ``(B) data reporting requirements, including--
                            ``(i) to the local one-call center for 
                        excavation damage events on pipelines and other 
                        underground facilities, that are not privately 
                        owned, including (if available at the time of 
                        reporting)--
                                    ``(I) information about the nature 
                                of the incident, including the facility 
                                damaged and the apparent cause of such 
                                damage (with supporting documentation);
                                    ``(II) the organizations or 
                                entities involved;
                                    ``(III) the impact to public 
                                safety, utility operations, and 
                                customer service; and
                                    ``(IV) the impact to the 
                                environment; and
                            ``(ii) to a nationally focused nonprofit 
                        organization specifically established for the 
                        purpose of reducing construction-related 
                        damages to pipelines and other underground 
                        facilities, of damages and near-miss events to 
                        pipelines and other underground facilities from 
                        excavation damages, including potential 
                        contributing factors, facility damaged, type of 
                        excavator, work performed, equipment type, and 
                        State; and
                    ``(C) performance measures to determine the 
                effectiveness of excavation damage prevention 
                efforts.''.

SEC. 16. PROTECTING FUEL CHOICE FOR CONSUMERS.

    Notwithstanding the first sentence of section 60104(c)(1) of title 
49, United States Code, a State or municipality may not adopt or 
continue in force a law, regulation, or standard that has the effect, 
directly or indirectly, of limiting or prohibiting the transportation 
or distribution for sale or resale of an energy source that is sold in 
interstate commerce and transported using a pipeline facility (as 
defined in section 60101 of such title).

SEC. 17. MODERNIZING AND EXPANDING PIPELINES.

    (a) In General.--The Commission may, if requested under subsection 
(b), issue a Federal authorization under this section for--
            (1) any construction, modification, expansion, inspection, 
        repair, or maintenance under chapter 601 of title 49, United 
        States Code, of any pipeline facility that is constructed, or 
        for which construction has commenced, prior to the date of 
        enactment of this Act; or
            (2) the construction, modification, expansion, inspection, 
        repair, or maintenance of pipeline facility that has not been 
        constructed, or for which construction has not commenced, prior 
        to such date of enactment, that is to be co-located within the 
        boundary of a pipeline or electrical right-of-way that exists 
        as of such date of enactment.
    (b) Request for Issuance.--A person who has filed for a Federal 
authorization from a relevant permitting entity may request that the 
Commission issue the Federal authorization under this section if the 
relevant permitting entity--
            (1) notifies the person and the Commission that it waives 
        its authority to issue the Federal authorization; or
            (2) does not complete a proceeding that is required for the 
        Federal authorization by the date that is 1 year after the date 
        on which the person filed for the Federal authorization.
    (c) Issuance.--
            (1) Requirements.--Pursuant to a request under subsection 
        (b), the Commission--
                    (A) shall consider the request and publish a 
                decision whether to issue the Federal authorization 
                under this section; and
                    (B) may issue a Federal authorization under this 
                section only after notice and opportunity for a hearing 
                and in accordance with the Federal law under which the 
                Federal authorization is required.
            (2) Effect.--A Federal authorization issued under this 
        section shall be deemed to have been issued under the Federal 
        law under which the Federal authorization is required.
    (d) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Commission shall issue a final rule 
establishing procedures to carry out this section (which may not 
include any changes to any regulatory requirement in effect on the date 
of enactment of this Act relating to any authority of the Commission 
under any other provision of law).
    (e) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Federal authorization.--The term ``Federal 
        authorization'' means any authorization required under Federal 
        law in connection with an application for the construction, 
        modification, expansion, inspection, repair, or maintenance of 
        a pipeline facility, including a permit, special use 
        authorization, certification, opinion, or other approval 
        (including a any authorization required pursuant to a general 
        permit).
            (3) Pipeline facility.--The term ``pipeline facility'' has 
        the meaning given that term in section 60101 of title 49, 
        United States Code.
            (4) Relevant permitting entity.--The term ``relevant 
        permitting entity'' means, with respect to a Federal 
        authorization--
                    (A) the Federal agency with statutory authority to 
                issue the Federal authorization; or
                    (B) a State in which the applicable pipeline 
                facility is to be constructed, modified, or expanded, 
                to which authority to issue the Federal authorization 
                has been delegated by the Federal agency described in 
                subparagraph (A).

SEC. 18. REGULATORY UPDATES.

    (a) Reports.--
            (1) In general.--The Secretary of Transportation shall 
        submit reports to the Committees on Energy and Commerce and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate regarding the status of a final 
        rule for each outstanding regulation.
            (2) Deadlines.--The Secretary shall submit a report under 
        this subsection not later than 120 days after the date of 
        enactment of this Act, and every 90 days thereafter until a 
        final rule has been issued for each outstanding regulation 
        described in subsection (c)(2)(A).
    (b) Contents.--The Secretary shall include in each report submitted 
under subsection (a)--
            (1) a description of the work plan for each outstanding 
        regulation;
            (2) an updated rulemaking timeline for each outstanding 
        regulation;
            (3) current staff allocations with respect to each 
        outstanding regulation;
            (4) any resource constraints affecting the rulemaking 
        process for each outstanding regulation; and
            (5) any other details associated with the development of 
        each outstanding regulation that affect the progress of the 
        rulemaking process.
    (c) Outstanding Regulation Defined.--In this section, the term 
``outstanding regulation'' means a regulation relating to pipeline 
safety--
            (1) for which no final rule, including an interim final 
        rule or direct final rule, has been issued; and
            (2) that--
                    (A) is required under any law for which more than 2 
                years have passed since the statutory deadline for the 
                regulation; or
                    (B) is being developed under an authority not 
                described in subparagraph (A), and is considered to be 
                a significant regulatory action under Executive Order 
                12866.

SEC. 19. CLASS LOCATION CHANGES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue a final rule amending the 
safety standards for class location changes in parts 191 and 192 of 
title 49, Code of Federal Regulations, based on the notice of proposed 
rulemaking published by the Pipeline and Hazardous Materials Safety 
Administration on October 14, 2020, titled ``Pipeline Safety: Class 
Location Change Requirements'' (85 Fed. Reg. 65142), including 
consideration of all documents in Docket No. PHMSA-2017-0151.

SEC. 20. INSPECTION OF IN-SERVICE BREAKOUT TANKS.

    (a) Inspection of In-Service Breakout Tanks.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall--
            (1) review the safety standards in part 195 of title 49, 
        Code of Federal Regulations, relating to the internal 
        inspection of the bottoms of in-service breakout tanks; and
            (2) amend such safety standards to allow for risk-based 
        inspections if the Secretary determines that allowing risk-
        based inspections will achieve an equivalent level of safety to 
        the level of safety required under such part 195, relating to 
        the internal inspection of the bottoms of in-service breakout 
        tanks, as in effect on the date of enactment of this Act.
    (b) Consideration.--In amending the safety standards under 
subsection (a), the Secretary shall consider the 5th edition of 
standard 653 published by the American Petroleum Institute issued in 
November 2014 titled ``Tank Inspection, Repair, Alteration, and 
Reconstruction''.

SEC. 21. LIQUEFIED NATURAL GAS REGULATORY COORDINATION.

    (a) Establishment and Purpose.--The Secretary of Transportation 
shall establish and convene a Liquefied Natural Gas Regulatory Safety 
Working Group through the National Center of Excellence for Liquefied 
Natural Gas Safety to clarify the authority of covered agencies in the 
authorizing and oversight of LNG facilities, other than peak shaving 
facilities, and improve coordination of the authority of such agencies.
    (b) Membership.--
            (1) In general.--The Working Group shall consist of 
        representatives of covered agencies designated by the Secretary 
        of Transportation or the head of a covered agency.
            (2) Chair.--The Administrator of the Pipeline and Hazardous 
        Materials Safety Administration, or a designee of the 
        Administrator, shall serve as the Chair of the Working Group, 
        unless another member of the Working Group is selected by 
        unanimous consent of the members of the Working Group.
            (3) Responsibilities of chair.--The Chair of the Working 
        Group shall establish an agenda and schedule for the Working 
        Group to accomplish the requirements described in subsection 
        (c).
    (c) Evaluation.--
            (1) In general.--The Working Group shall evaluate the 
        authorities of each covered agency pertaining to the siting and 
        design, construction, operation and maintenance, and 
        operational and process safety regulations of LNG facilities.
            (2) Negotiation.--The Working Group shall negotiate the 
        terms of agreements or memorandums between each covered agency 
        pursuant to subsection (d) to establish procedures for--
                    (A) the application of the respective authorities 
                of each Federal agency in a manner that ensures, 
                through effective regulation, that LNG facilities are 
                safe and in the public interest;
                    (B) resolving conflicts concerning overlapping 
                jurisdiction among the covered agencies; and
                    (C) avoiding, to the extent possible and if 
                appropriate, conflicting or duplicative regulation, 
                inspection protocols, and reporting obligations between 
                the covered agencies.
    (d) Interagency Agreements and Memorandums of Understanding.--Not 
later than 2 years after the date of enactment of this Act, the covered 
agencies shall enter into interagency agreements or memorandums of 
understanding with respect to best practices and individual agency 
safety oversight and enforcement responsibilities regarding LNG 
facilities, other than peak shaving facilities.
    (e) Report to Congress.--Not later than 1 year after the date on 
which the covered agencies enter into agreements or memorandums under 
subsection (d), the Secretary of Transportation shall submit to the 
Committee on Energy and Commerce and the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on such 
agreements or memorandums entered into and how such agreements or 
memorandums have contributed to the improved safety and enforcement 
oversight coordination of LNG facilities.
    (f) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means each 
        of the following:
                    (A) The Pipeline and Hazardous Materials Safety 
                Administration.
                    (B) The Federal Energy Regulatory Commission.
                    (C) The Department of Energy.
                    (D) The Occupational Safety and Health 
                Administration.
                    (E) The Coast Guard.
            (2) LNG.--The term ``LNG'' means liquefied natural gas.
            (3) Working group.--The term ``Working Group'' means the 
        Liquefied Natural Gas Regulatory Safety Working Group 
        established under subsection (a).

SEC. 22. HYDROGEN STUDY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on existing gas pipeline facilities that transport a 
gas blend, containing greater than 5 percent hydrogen by volume, to 
identify the changes that operators have implemented to such gas 
pipeline facilities in order to transport such a gas blend safely.
    (b) Additional Contents.--The study under subsection (a) shall 
include--
            (1) an identification of any technical challenges with 
        repurposing existing natural gas pipeline infrastructure to 
        allow such natural gas pipeline infrastructure to be used for 
        distributing gas blends described in subsection (a); and
            (2) an examination of the changes made by international 
        operators to gas pipeline facilities to transport gas blends 
        described in subsection (a) safely, including changes made to 
        pipeline facilities in the United Kingdom, Canada, Europe, 
        Australia, and Hong Kong.
    (c) Considerations.--In conducting the study under subsection (a), 
the Comptroller General shall consider--
            (1) changes that domestic and international operators of 
        gas pipeline facilities have implemented to safely transport a 
        gas blend described in subsection (a), including changes to 
        odorants and leak-detection methods, pipeline materials, 
        metering, and operational standards used by such operators to 
        account for the operation and integrity of gas pipeline 
        facilities; and
            (2) how such operators have taken into account the effect 
        of transporting a gas blend described in subsection (a) on gas 
        pipeline facility infrastructure, including--
                    (A) gas pipeline facility materials, including cast 
                iron, steel, composite pipe, and plastic pipe; and
                    (B) components of a gas pipeline facility, 
                including valves and meters.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Energy and Commerce and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the study conducted under subsection (a).
    (e) Rulemaking.--The Secretary of Transportation may consider the 
results of the study under subsection (a) in issuing any final rule 
related to the transportation of a gas blend that contains greater than 
5 percent hydrogen by volume.
    (f) Statutory Construction.--Nothing in this section shall be 
construed to prohibit or otherwise limit the authority of the Secretary 
of Transportation to issue a final rule relating to the transportation 
of a gas blend that contains greater than 5 percent hydrogen by volume 
prior to the submission of the report under subsection (d).
    (g) Gas Pipeline Facility Defined.--In this section, the term ``gas 
pipeline facility'' has the meaning given such term in section 60101 of 
title 49, United States Code.
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