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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2299 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                S. 2299

_______________________________________________________________________

                                 AN ACT

 
   To amend title 49, United States Code, to enhance the safety and 
    reliability 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 ``Protecting our 
Infrastructure of Pipelines and Enhancing Safety Act of 2020'' or the 
``PIPES Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and 
                            approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Liquefied natural gas facility project reviews.
Sec. 111. Updates to standards for liquefied natural gas facilities.
Sec. 112. National Center of Excellence for Liquefied Natural Gas 
                            Safety and Training.
Sec. 113. Prioritization of rulemaking.
Sec. 114. Leak detection and repair.
Sec. 115. Inspection and maintenance plans.
Sec. 116. Consideration of pipeline class location changes.
Sec. 117. Protection of employees providing pipeline safety 
                            information.
Sec. 118. Transportation Technology Center.
Sec. 119. Interstate drug and alcohol oversight.
Sec. 120. Savings clause.
              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Pipeline and Hazardous Materials Safety Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125 of title 49, United 
States Code, is amended by striking subsection (a) and inserting the 
following:
    ``(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--
                    ``(A) $147,000,000 for fiscal year 2020, of which--
                            ``(i) $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
                            ``(ii) $60,000,000 shall be used for making 
                        grants;
                    ``(B) $151,000,000 for fiscal year 2021, of which--
                            ``(i) $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
                            ``(ii) $63,000,000 shall be used for making 
                        grants;
                    ``(C) $155,000,000 for fiscal year 2022, of which--
                            ``(i) $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
                            ``(ii) $66,000,000 shall be used for making 
                        grants; and
                    ``(D) $159,000,000 for fiscal year 2023, of which--
                            ``(i) $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
                            ``(ii) $69,000,000 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--
                    ``(A) $25,000,000 for fiscal year 2020, of which--
                            ``(i) $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
                            ``(ii) $10,000,000 shall be used for making 
                        grants;
                    ``(B) $26,000,000 for fiscal year 2021, of which--
                            ``(i) $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
                            ``(ii) $11,000,000 shall be used for making 
                        grants;
                    ``(C) $27,000,000 for fiscal year 2022, of which--
                            ``(i) $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
                            ``(ii) $12,000,000 shall be used for making 
                        grants; and
                    ``(D) $28,000,000 for fiscal year 2023, of which--
                            ``(i) $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
                            ``(ii) $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 2020 through 
        2023.''.
    (b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016 
(Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs 
(1) through (4) and inserting the following:
            ``(1) $24,000,000 for fiscal year 2020.
            ``(2) $25,000,000 for fiscal year 2021.
            ``(3) $26,000,000 for fiscal year 2022.
            ``(4) $27,000,000 for fiscal year 2023.''.
    (c) One-call Notification Programs.--Section 6107 of title 49, 
United States Code, is amended by striking ``$1,058,000 for each of 
fiscal years 2016 through 2019'' and inserting ``$1,058,000 for each of 
fiscal years 2020 through 2023''.
    (d) Emergency Response Grants.--Section 60125(b)(2) of title 49, 
United States Code, is amended by striking ``fiscal years 2012 through 
2015'' and inserting ``fiscal years 2020 through 2023''.
    (e) Pipeline Safety Information Grants to Communities.--Section 
60130 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), in the first sentence, by 
        striking ``to local communities and groups of individuals (not 
        including for-profit entities)'' and inserting ``to local 
        communities, Indian Tribes, and groups of individuals (not 
        including for-profit entities)''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Funding.--
            ``(1) In general.--Out of amounts made available under 
        section 2(b) of the PIPES Act of 2016 (Public Law 114-183; 130 
        Stat. 515), the Secretary shall use $1,500,000 for each of 
        fiscal years 2020 through 2023 to carry out this section.
            ``(2) Limitation.--Any amounts used to carry out this 
        section shall not be derived from user fees collected under 
        section 60301.''.
    (f) Damage Prevention Programs.--Section 60134(i) of title 49, 
United States Code, is amended in the first sentence by striking 
``fiscal years 2012 through 2015'' and inserting ``fiscal years 2020 
through 2023''.
    (g) Pipeline Integrity Program.--Section 12(f) of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
355) is amended by striking ``2016 through 2019'' and inserting ``2020 
through 2023''.

SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

    (a) Inspector Training.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall--
            (1) review the inspector training programs provided at the 
        Inspector Training and Qualifications Division of the 
        Administration in Oklahoma City, Oklahoma; and
            (2) determine whether any of the programs referred to in 
        paragraph (1), or any portions of the programs, could be 
        provided online through teletraining or another type of 
        distance learning.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committees on Transportation and Infrastructure, 
        Energy and Commerce, and Science, Space, and Technology of the 
        House of Representatives and make publicly available on a 
        website of the Department of Transportation a report containing 
        a comprehensive workforce plan for the Administration.
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) a description of the current staffing at the 
                Administration;
                    (B) an identification of the staff needed to 
                achieve the mission of the Administration over the next 
                10 years following the date of the report;
                    (C) an evaluation of whether the inspector training 
                programs referred to in subsection (a)(1) provide 
                appropriate exposure to pipeline operations and current 
                pipeline safety technology;
                    (D) a summary of any gaps between the current 
                workforce of the Administration and the future human 
                capital needs of the Administration; and
                    (E) a description of how the Administration--
                            (i) uses the retention incentives defined 
                        by the Office of Personnel Management; and
                            (ii) plans to use those retention 
                        incentives as part of the comprehensive 
                        workforce plan of the Administration.

SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

    (a) Fees for Compliance Reviews of Liquefied Natural Gas 
Facilities.--Chapter 603 of title 49, United States Code, is amended by 
inserting after section 60302 the following:
``Sec. 60303. Fees for compliance reviews of liquefied natural gas 
              facilities
    ``(a) Imposition of Fee.--
            ``(1) In general.--The Secretary of Transportation 
        (referred to in this section as the `Secretary') shall impose 
        on a person who files with the Federal Energy Regulatory 
        Commission an application for a liquefied natural gas facility 
        that has design and construction costs totaling not less than 
        $2,500,000,000 a fee for the necessary expenses of a review, if 
        any, that the Secretary conducts, in connection with that 
        application, to determine compliance with subpart B of part 193 
        of title 49, Code of Federal Regulations (or successor 
        regulations).
            ``(2) Relation to other review.--The Secretary may not 
        impose fees under paragraph (1) and section 60117(o) or 
        60301(b) for the same compliance review described in paragraph 
        (1).
    ``(b) Means of Collection.--
            ``(1) In general.--The Secretary shall prescribe procedures 
        to collect fees under this section.
            ``(2) Use of government entities.--The Secretary may--
                    ``(A) use a department, agency, or instrumentality 
                of the Federal Government or of a State or local 
                government to collect fees under this section; and
                    ``(B) reimburse that department, agency, or 
                instrumentality a reasonable amount for the services 
                provided.
    ``(c) Account.--There is established an account, to be known as the 
`Liquefied Natural Gas Siting Account', in the Pipeline Safety Fund 
established in the Treasury of the United States under section 
60301.''.
    (b) Clerical Amendment.--The table of sections for chapter 603 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 60302 the following:

``60303. Fees for compliance reviews of liquefied natural gas 
                            facilities.''.

SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND 
              APPROACHES.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60142. Pipeline safety enhancement programs
    ``(a) In General.--The Secretary may establish and carry out 
limited safety-enhancing testing programs during the period of fiscal 
years 2020 through 2026 to evaluate innovative technologies and 
operational practices testing the safe operation of--
            ``(1) a natural gas pipeline facility; or
            ``(2) a hazardous liquid pipeline facility.
    ``(b) Limitations.--
            ``(1) In general.--Such testing programs 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) High population areas.--Any program established under 
        subsection (a) shall not be located in a high population area 
        (as defined in section 195.450 of title 49, Code of Federal 
        Regulations).
    ``(c) Duration.--The term of a testing program established under 
subsection (a) shall be not more than a period of 4 years beginning on 
the date of approval of the program.
    ``(d) Safety Standards.--
            ``(1) In general.--The Secretary shall require, as a 
        condition of approval of a testing program under subsection 
        (a), that the safety measures in the testing program are 
        designed to achieve a level of safety that is greater than, or 
        equivalent to, the level of safety required by this chapter.
            ``(2) Determination.--
                    ``(A) In general.--The Secretary may issue an order 
                under subparagraph (A) of section 60118(c)(1) to 
                accomplish the purpose of a testing program for a term 
                not to exceed the time period described in subsection 
                (c) if the condition described in paragraph (1) is met, 
                as determined by the Secretary.
                    ``(B) Limitation.--An order under subparagraph (A) 
                shall pertain only to those regulations that would 
                otherwise prevent the use of the safety technology to 
                be tested under the testing program.
    ``(e) Considerations.--In establishing a testing program under 
subsection (a), the Secretary shall consider--
            ``(1) whether the owners or operators participating in the 
        program have a safety management system in place; and
            ``(2) whether the proposed safety technology has been 
        tested through a research and development program carried out 
        by--
                    ``(A) the Secretary;
                    ``(B) collaborative research development 
                organizations; or
                    ``(C) other institutions.
    ``(f) Data and Findings.--As a participant in a testing program 
established under subsection (a), an operator shall submit to the 
Secretary detailed findings and a summary of data collected as a result 
of participation in the testing program.
    ``(g) Authority to Revoke Participation.--The Secretary shall 
immediately revoke participation in a testing program under subsection 
(a) if--
            ``(1) the participant fails to comply with the terms and 
        conditions of the testing program; or
            ``(2) in the determination of the Secretary, continued 
        participation in the testing program by the participant would 
        be unsafe or would not be consistent with the goals and 
        objectives of this chapter.
    ``(h) Authority to Terminate Program.--The Secretary shall 
immediately terminate a testing program under subsection (a) if 
continuation of the testing program would not be consistent with the 
goals and objectives of this chapter.
    ``(i) State Rights.--
            ``(1) Exemption.--Except as provided in paragraph (2), if a 
        State submits to the Secretary notice that the State requests 
        an exemption from any testing program considered for 
        establishment under this section, the State shall be exempt.
            ``(2) Limitations.--
                    ``(A) In general.--The Secretary shall not grant a 
                requested exemption under paragraph (1) after a testing 
                program is established.
                    ``(B) Late notice.--The Secretary shall not grant a 
                requested exemption under paragraph (1) if the notice 
                submitted under that paragraph is submitted to the 
                Secretary more than 10 days after the date on which the 
                Secretary issues an order providing an effective date 
                for the testing program.
            ``(3) Effect.--If a State has not submitted a notice 
        requesting an exemption under paragraph (1), the State shall 
        not enforce any law (including regulations) that is 
        inconsistent with a testing program in effect in the State 
        under this section.
    ``(j) Program Review Process and Public Notice.--
            ``(1) In general.--The Secretary shall publish in the 
        Federal Register and send directly to each relevant State 
        authority with a certification in effect under section 60105 a 
        notice of each testing program under subsection (a), including 
        the order to be considered, and provide an opportunity for 
        public comment for not less than 90 days.
            ``(2) Response from secretary.--Not later than the date on 
        which the Secretary issues an order providing an effective date 
        of a testing program noticed under paragraph (1), the Secretary 
        shall respond to each comment submitted under that paragraph.
    ``(k) Report to Congress.--At the conclusion of each testing 
program, the Secretary shall make publicly available on the website of 
the Department of Transportation a report containing--
            ``(1) the findings and conclusions of the Secretary with 
        respect to the testing program; and
            ``(2) any recommendations of the Secretary with respect to 
        the testing program, including any recommendations for 
        amendments to laws (including regulations) and the 
        establishment of standards, that--
                    ``(A) would enhance the safe operation of 
                interstate gas or hazardous liquid pipeline facilities; 
                and
                    ``(B) are technically, operationally, and 
                economically feasible.
    ``(l) Standards.--If a report under subsection (k) indicates that 
it is practicable to establish technically, operationally, and 
economically feasible standards for the use of a safety-enhancing 
technology and any corresponding operational practices tested by the 
testing program described in the report, the Secretary, as soon as 
practicable after submission of the report, may promulgate regulations 
consistent with chapter 5 of title 5 (commonly known as the 
`Administrative Procedures Act') that--
            ``(1) allow operators of interstate gas or hazardous liquid 
        pipeline facilities to use the relevant technology or practice 
        to the extent practicable; and
            ``(2) establish technically, operationally, and 
        economically feasible standards for the capability and 
        deployment of the technology or practice.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 60141 the following:

``60142. Pipeline safety enhancement programs.''.

SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on Transportation and 
Infrastructure, Energy and Commerce, and Science, Space, and Technology 
of the House of Representatives a report relating to--
            (1) the research and development capabilities of the 
        Administration, in accordance with section 12 of the Pipeline 
        Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
        Law 107-355);
            (2)(A) the development of additional testing and research 
        capabilities through the establishment of an independent 
        pipeline safety testing facility under the Department of 
        Transportation;
            (B) whether an independent pipeline safety testing facility 
        would be critical to the work of the Administration;
            (C) the costs and benefits of developing an independent 
        pipeline safety testing facility under the Department of 
        Transportation; and
            (D) the costs and benefits of colocating an independent 
        pipeline safety testing facility at an existing training center 
        of the Administration; and
            (3) the ability of the Administration to use the testing 
        facilities of the Department of Transportation, other Federal 
        agencies, or federally funded research and development centers.

SEC. 106. REGULATORY UPDATES.

    (a) Definition of Outstanding Mandate.--In this section, the term 
``outstanding mandate'' means--
            (1) a final rule required to be issued under the Pipeline 
        Safety, Regulatory Certainty, and Job Creation Act of 2011 
        (Public Law 112-90; 125 Stat. 1904) that has not been published 
        in the Federal Register;
            (2) a final rule required to be issued under the PIPES Act 
        of 2016 (Public Law 114-183; 130 Stat. 514) that has not been 
        published in the Federal Register; and
            (3) any other final rule regarding gas or hazardous liquid 
        pipeline facilities required to be issued under this Act or an 
        Act enacted prior to the date of enactment of this Act that has 
        not been published in the Federal Register.
    (b) Requirements.--
            (1) Periodic updates.--Not later than 30 days after the 
        date of enactment of this Act, and every 30 days thereafter 
        until a final rule referred to in paragraphs (1) through (3) of 
        subsection (a) is published in the Federal Register, the 
        Secretary shall publish on a publicly available website of the 
        Department of Transportation an update regarding the status of 
        each outstanding mandate in accordance with subsection (c).
            (2) Notification of congress.--On publication of a final 
        rule in the Federal Register for an outstanding mandate, the 
        Secretary shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committees on 
        Transportation and Infrastructure and Energy and Commerce of 
        the House of Representatives a notification in accordance with 
        subsection (c).
    (c) Contents.--An update published or a notification submitted 
under paragraph (1) or (2) of subsection (b) shall contain, as 
applicable--
            (1) with respect to information relating to the 
        Administration--
                    (A) a description of the work plan for each 
                outstanding mandate;
                    (B) an updated rulemaking timeline for each 
                outstanding mandate;
                    (C) the staff allocations with respect to each 
                outstanding mandate;
                    (D) any resource constraints affecting the 
                rulemaking process for each outstanding mandate;
                    (E) any other details associated with the 
                development of each outstanding mandate that affect the 
                progress of the rulemaking process with respect to that 
                outstanding mandate; and
                    (F) a description of all rulemakings regarding gas 
                or hazardous liquid pipeline facilities published in 
                the Federal Register that are not identified under 
                subsection (b)(2); and
            (2) with respect to information relating to the Office of 
        the Secretary--
                    (A) the date that the outstanding mandate was 
                submitted to the Office of the Secretary for review;
                    (B) the reason that the outstanding mandate is 
                under review beyond 45 days;
                    (C) the staff allocations within the Office of the 
                Secretary with respect to each the outstanding mandate;
                    (D) any resource constraints affecting review of 
                the outstanding mandate;
                    (E) an estimated timeline of when review of the 
                outstanding mandate will be complete, as of the date of 
                the update;
                    (F) if applicable, the date that the outstanding 
                mandate was returned to the Administration for revision 
                and the anticipated date for resubmission to the Office 
                of the Secretary;
                    (G) the date that the outstanding mandate was 
                submitted to the Office of Management and Budget for 
                review; and
                    (H) a statement of whether the outstanding mandate 
                remains under review by the Office of Management and 
                Budget.

SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

    Section 60122(b)(1) of title 49, United States Code, is amended--
            (1) in subparagraph (B), by striking ``and'' at the end; 
        and
            (2) by adding at the end the following:
                    ``(D) self-disclosure and correction of violations, 
                or actions to correct a violation, prior to discovery 
                by the Pipeline and Hazardous Materials Safety 
                Administration; and''.

SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

    (a) In General.--Section 60117 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (b) through (o) as 
        subsections (c) through (p), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Enforcement and Regulatory Procedures.--
            ``(1) Request for formal hearing.--On request of a 
        respondent in an enforcement or regulatory proceeding under 
        this chapter, a hearing shall be held in accordance with 
        section 554 of title 5.
            ``(2) Administrative law judge.--A hearing under paragraph 
        (1) shall be conducted by an administrative law judge appointed 
        under section 3105 of title 5.
            ``(3) Open to the public.--
                    ``(A) Hearings.--A hearing under paragraph (1) 
                shall be--
                            ``(i) noticed to the public--
                                    ``(I) on the website of the 
                                Pipeline and Hazardous Materials Safety 
                                Administration; and
                                    ``(II) in the Federal Register; and
                            ``(ii) open to the public.
                    ``(B) Agreements, orders, and judgments.--A consent 
                agreement, consent order, order, or judgment resulting 
                from a hearing under paragraph (1) shall be made 
                available to the public on the website of the Pipeline 
                and Hazardous Materials Safety Administration.
            ``(4) Procedures.--In implementing enforcement and 
        regulatory procedures under this chapter, the Secretary shall--
                    ``(A) allow the use of a consent agreement and 
                consent order to resolve any matter of fact or law 
                asserted;
                    ``(B) allow the respondent and the agency to 
                convene 1 or more meetings--
                            ``(i) for settlement or simplification of 
                        the issues; or
                            ``(ii) to aid in the disposition of issues;
                    ``(C) require that the case file in an enforcement 
                proceeding include all agency records pertinent to the 
                matters of fact and law asserted;
                    ``(D) require that a recommended decision be made 
                available to the respondent when issued;
                    ``(E) allow a respondent to reply to any post-
                hearing submission;
                    ``(F) allow a respondent to request--
                            ``(i) that a hearing be held, and a 
                        recommended decision and order issued, on an 
                        expedited basis; or
                            ``(ii) that a hearing not commence for a 
                        period of not less than 90 days;
                    ``(G) require that the agency have the burden of 
                proof, presentation, and persuasion in any enforcement 
                matter;
                    ``(H) require that any recommended decision and 
                order contain findings of fact and conclusions of law;
                    ``(I) require the Associate Administrator of the 
                Office of Pipeline Safety to file a post-hearing 
                recommendation not later than 30 days after the 
                deadline for any post-hearing submission of a 
                respondent;
                    ``(J) require an order on a petition for 
                reconsideration to be issued not later than 120 days 
                after the date on which the petition is filed; and
                    ``(K) allow an operator to request that an issue of 
                controversy or uncertainty be addressed through a 
                declaratory order in accordance with section 554(e) of 
                title 5, which order shall be issued not later than 120 
                days after the date on which a request is made.
            ``(5) Savings clause.--Nothing in this subsection alters 
        the procedures applicable to an emergency order under 
        subsection (p).''.
    (b) Conforming Amendments.--
            (1) Section 60109(g)(4) of title 49, United States Code, is 
        amended by striking ``section 60117(c)'' and inserting 
        ``section 60117(d)''.
            (2) Section 60117(p) of title 49, United States Code (as 
        redesignated by subsection (a)(1)), is amended, in paragraph 
        (3)(E), by striking ``60117(l)'' and inserting ``subsection 
        (m)''.
            (3) Section 60118(a)(3) of title 49, United States Code, is 
        amended by striking ``section 60117(a)-(d)'' and inserting 
        ``subsections (a) through (e) of section 60117''.

SEC. 109. PIPELINE OPERATING STATUS.

    (a) In General.--Chapter 601 of title 49, United States Code (as 
amended by section 104(a)), is amended by adding at the end the 
following:
``Sec. 60143. Idled pipelines
    ``(a) Definition of Idled.--In this section, the term `idled', with 
respect to a pipeline, means that the pipeline--
            ``(1)(A) has ceased normal operations; and
            ``(B) will not resume service for a period of not less than 
        180 days;
            ``(2) has been isolated from all sources of hazardous 
        liquid, natural gas, or other gas; and
            ``(3)(A) has been purged of combustibles and hazardous 
        materials and maintains a blanket of inert, nonflammable gas at 
        low pressure; or
            ``(B) has not been purged as described in subparagraph (A), 
        but the volume of gas is so small that there is no potential 
        hazard.
    ``(b) Rulemaking.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the PIPES Act of 2020, the Secretary shall 
        promulgate regulations prescribing the applicability of the 
        pipeline safety requirements to idled natural or other gas 
        transmission and hazardous liquid pipelines.
            ``(2) Requirements.--
                    ``(A) In general.--The applicability of the 
                regulations under paragraph (1) shall be based on the 
                risk that idled natural or other gas transmission and 
                hazardous liquid pipelines pose to the public, 
                property, and the environment, and shall include 
                requirements to resume operation.
                    ``(B) Inspection.--The Secretary or an appropriate 
                State agency shall inspect each idled pipeline and 
                verify that the pipeline has been purged of 
                combustibles and hazardous materials, if required under 
                subsection (a).
                    ``(C) Requirements for reinspection.--The Secretary 
                shall determine the requirements for periodic 
                reinspection of idled natural or other gas transmission 
                and hazardous liquid pipelines.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code (as amended by section 104(b)), is amended 
by inserting after the item relating to section 60142 the following:

``60143. Idled pipelines.''.

SEC. 110. LIQUEFIED NATURAL GAS FACILITY PROJECT REVIEWS.

    Section 60103(a) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (1) through (7) as 
        subparagraphs (A) through (G), respectively, and indenting 
        appropriately;
            (2) in the first sentence, by striking ``The Secretary of 
        Transportation'' and inserting the following:
            ``(1) In general.--The Secretary of Transportation'';
            (3) in the second sentence, by striking ``In prescribing a 
        standard'' and inserting the following:
            ``(2) Considerations.--In prescribing a standard under 
        paragraph (1)''; and
            (4) by adding at the end the following:
            ``(3) Use of location standards.--If a Federal or State 
        authority with jurisdiction over liquefied natural gas pipeline 
        facility permits or approvals is using the location standards 
        prescribed under paragraph (1) for purposes of making a 
        decision with respect to the location of a new liquefied 
        natural gas pipeline facility and submits to the Secretary of 
        Transportation a request to provide a determination of whether 
        the new liquefied natural gas pipeline facility would meet the 
        location standards, the Secretary may provide such a 
        determination to the requesting Federal or State authority.
            ``(4) Effect.--Nothing in this subsection or subsection 
        (b)--
                    ``(A) affects--
                            ``(i) section 3 of the Natural Gas Act (15 
                        U.S.C. 717b);
                            ``(ii) the authority of the Federal Energy 
                        Regulatory Commission to carry out that 
                        section; or
                            ``(iii) any other similar authority of any 
                        other Federal or State agency; or
                    ``(B) requires the Secretary of Transportation to 
                formally approve any project proposal or otherwise 
                perform any siting functions.''.

SEC. 111. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall--
            (1) review the minimum operating and maintenance standards 
        prescribed under section 60103(d) of title 49, United States 
        Code; and
            (2) based on the review under paragraph (1), update the 
        standards described in that paragraph applicable to large-scale 
        liquefied natural gas facilities (other than peak shaving 
        facilities) to provide for a risk-based regulatory approach for 
        such facilities, consistent with this section.
    (b) Scope.--In updating the minimum operating and maintenance 
standards under subsection (a)(2), the Secretary shall ensure that all 
regulations, guidance, and internal documents are developed and applied 
in a manner consistent with this section.
    (c) Requirements.--The updates to the operating and maintenance 
standards required under subsection (a)(2) shall, at a minimum, require 
operators--
            (1) to develop and maintain written safety information 
        identifying hazards associated with--
                    (A) the processes of liquefied natural gas 
                conversion, storage, and transport;
                    (B) equipment used in the processes; and
                    (C) technology used in the processes;
            (2) to conduct a hazard assessment, including the 
        identification of potential sources of accidental releases;
            (3)(A) to consult with employees and representatives of 
        employees on the development and conduct of hazard assessments 
        under paragraph (2); and
            (B) to provide employees access to the records of the 
        hazard assessments and any other records required under the 
        updated standards;
            (4) to establish a system to respond to the findings of a 
        hazard assessment conducted under paragraph (2) that addresses 
        prevention, mitigation, and emergency responses;
            (5) to review, when a design change occurs, a hazard 
        assessment conducted under paragraph (2) and the response 
        system established under paragraph (4);
            (6) to develop and implement written operating procedures 
        for the processes of liquefied natural gas conversion, storage, 
        and transport;
            (7)(A) to provide written safety and operating information 
        to employees; and
            (B) to train employees in operating procedures with an 
        emphasis on addressing hazards and using safe practices;
            (8) to ensure contractors and contract employees are 
        provided appropriate information and training;
            (9) to train and educate employees and contractors in 
        emergency response;
            (10) to establish a quality assurance program to ensure 
        that equipment, maintenance materials, and spare parts relating 
        to the operations and maintenance of liquefied natural gas 
        facilities are fabricated and installed consistent with design 
        specifications;
            (11) to establish maintenance systems for critical process-
        related equipment, including written procedures, employee 
        training, appropriate inspections, and testing of that 
        equipment to ensure ongoing mechanical integrity;
            (12) to conduct pre-start-up safety reviews of all newly 
        installed or modified equipment;
            (13) to establish and implement written procedures to 
        manage change to processes of liquefied natural gas conversion, 
        storage, and transport, technology, equipment, and facilities; 
        and
            (14)(A) to investigate each incident that results in, or 
        could have resulted in--
                    (i) loss of life;
                    (ii) destruction of private property; or
                    (iii) a major accident; and
            (B) to have operating personnel--
                    (i) review any findings of an investigation under 
                subparagraph (A); and
                    (ii) if appropriate, take responsive measures.

SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL GAS 
              SAFETY AND TRAINING.

    (a) Definitions.--In this section:
            (1) Center.--The term ``Center'' means the National Center 
        of Excellence for Liquefied Natural Gas Safety and Training 
        established under subsection (b).
            (2) LNG.--The term ``LNG'' means liquefied natural gas.
            (3) LNG sector stakeholder.--The term ``LNG sector 
        stakeholder'' means a representative of--
                    (A) LNG facilities that represent the broad array 
                of LNG facilities operating in the United States;
                    (B) States, Indian Tribes, and units of local 
                government;
                    (C) postsecondary education;
                    (D) labor organizations;
                    (E) safety organizations; or
                    (F) Federal regulatory agencies of jurisdiction, 
                which may include--
                            (i) the Administration;
                            (ii) the Federal Energy Regulatory 
                        Commission;
                            (iii) the Department of Energy;
                            (iv) the Occupational Safety and Health 
                        Administration;
                            (v) the Coast Guard; and
                            (vi) the Maritime Administration.
    (b) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Secretary, in consultation with LNG sector 
stakeholders, shall establish a center, to be known as the ``National 
Center of Excellence for Liquefied Natural Gas Safety and Training''.
    (c) Functions.--The Center shall, for activities regulated under 
section 60103 of title 49, United States Code--
            (1) promote, facilitate, and conduct--
                    (A) education;
                    (B) training; and
                    (C) technological advancements;
            (2) be a repository of information on best practices 
        relating to, and expertise on, LNG operations;
            (3) foster collaboration among stakeholders; and
            (4) provide a curriculum for training that incorporates--
                    (A) risk-based principles into the operation, 
                management, and regulatory oversight of LNG facilities;
                    (B) the reliance on subject matter expertise within 
                the LNG industry;
                    (C) the transfer of knowledge and expertise between 
                the LNG industry and regulatory agencies; and
                    (D) training and workshops that occur at 
                operational facilities.
    (d) Location.--
            (1) In general.--The Center shall be located in close 
        proximity to critical LNG transportation infrastructure on, and 
        connecting to, the Gulf of Mexico, as determined by the 
        Secretary.
            (2) Considerations.--In determining the location of the 
        Center, the Secretary shall--
                    (A) take into account the strategic value of 
                locating resources in close proximity to LNG 
                facilities; and
                    (B) locate the Center in the State with the largest 
                LNG production capacity, as determined by the total 
                capacity (in billion cubic feet per day) of LNG 
                production authorized by the Federal Energy Regulatory 
                Commission under section 3 of the Natural Gas Act (15 
                U.S.C. 717b) as of the date of enactment of this Act.
    (e) Coordination With TQ Training Center.--In carrying out the 
functions described in subsection (c), the Center shall coordinate with 
the Training and Qualifications Training Center of the Administration 
in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and 
enhanced training opportunities for, Federal and State pipeline safety 
inspectors and investigators.
    (f) Joint Operation With Educational Institution.--The Secretary 
may enter into an agreement with an appropriate official of an 
institution of higher education--
            (1) to provide for joint operation of the Center; and
            (2) to provide necessary administrative services for the 
        Center.

SEC. 113. PRIORITIZATION OF RULEMAKING.

    (a) Rulemaking.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall ensure completion of and publish in 
the Federal Register the outstanding rulemaking entitled ``Pipeline 
Safety: Safety of Gas Transmission and Gathering Pipelines'', published 
in the Federal Register on April 8, 2016 (81 Fed. Reg. 20722; Docket 
No. PHMSA-2011-0023), as that rulemaking relates to the consideration 
of gathering pipelines.
    (b) Study.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall--
            (1) review the extent to which geospatial and technical 
        data is collected by operators of gathering lines, including 
        design and material specifications;
            (2) analyze information collected by operators of gathering 
        lines when the mapping information described in paragraph (1) 
        is not available for a gathering line; and
            (3) assess any plans and timelines of operators of 
        gathering lines to develop the mapping information described in 
        paragraph (1) or otherwise collect information described in 
        paragraph (2).
    (c) Report.--The Comptroller General of the United States shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committees on Transportation and Infrastructure and 
Energy and Commerce of the House of Representatives a report on the 
review required under subsection (b), including any recommendations 
that the Comptroller General of the United States may have as a result 
of the review.

SEC. 114. LEAK DETECTION AND REPAIR.

    Section 60102 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(q) Gas Pipeline Leak Detection and Repair.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary shall promulgate 
        final regulations that require operators of regulated gathering 
        lines (as defined pursuant to subsection (b) of section 60101 
        for purposes of subsection (a)(21) of that section) in a Class 
        2 location, Class 3 location, or Class 4 location, as 
        determined under section 192.5 of title 49, Code of Federal 
        Regulations, operators of new and existing gas transmission 
        pipeline facilities, and operators of new and existing gas 
        distribution pipeline facilities to conduct leak detection and 
        repair programs--
                    ``(A) to meet the need for gas pipeline safety, as 
                determined by the Secretary; and
                    ``(B) to protect the environment.
            ``(2) Leak detection and repair programs.--
                    ``(A) Minimum performance standards.--The final 
                regulations promulgated under paragraph (1) shall 
                include, for the leak detection and repair programs 
                described in that paragraph, minimum performance 
                standards that reflect the capabilities of commercially 
                available advanced technologies that, with respect to 
                each pipeline covered by the programs, are appropriate 
                for--
                            ``(i) the type of pipeline;
                            ``(ii) the location of the pipeline;
                            ``(iii) the material of which the pipeline 
                        is constructed; and
                            ``(iv) the materials transported by the 
                        pipeline.
                    ``(B) Requirement.--The leak detection and repair 
                programs described in paragraph (1) shall be able to 
                identify, locate, and categorize all leaks that--
                            ``(i) are hazardous to human safety or the 
                        environment; or
                            ``(ii) have the potential to become 
                        explosive or otherwise hazardous to human 
                        safety.
            ``(3) Advanced leak detection technologies and practices.--
                    ``(A) In general.--The final regulations 
                promulgated under paragraph (1) shall--
                            ``(i) require the use of advanced leak 
                        detection technologies and practices described 
                        in subparagraph (B);
                            ``(ii) identify any scenarios where 
                        operators may use leak detection practices that 
                        depend on human senses; and
                            ``(iii) include a schedule for repairing or 
                        replacing each leaking pipe, except a pipe with 
                        a leak so small that it poses no potential 
                        hazard, with appropriate deadlines.
                    ``(B) Advanced leak detection technologies and 
                practices described.--The advanced leak detection 
                technologies and practices referred to in subparagraph 
                (A)(i) include--
                            ``(i) for new and existing gas distribution 
                        pipeline facilities, technologies and practices 
                        to detect pipeline leaks--
                                    ``(I)(aa) through continuous 
                                monitoring on or along the pipeline; 
                                and
                                    ``(bb) in the case of an existing 
                                facility, that do not impose any design 
                                or installation requirements on 
                                existing facilities that would be 
                                inapplicable under section 60104(b); or
                                    ``(II) through periodic surveys 
                                with handheld equipment, equipment 
                                mounted on mobile platforms, or other 
                                means using commercially available 
                                technology;
                            ``(ii) for new and existing gas 
                        transmission pipeline facilities, technologies 
                        and practices to detect pipeline leaks 
                        through--
                                    ``(I) equipment that--
                                            ``(aa) is capable of 
                                        continuous monitoring; and
                                            ``(bb) in the case of an 
                                        existing facility, does not 
                                        impose any design or 
                                        installation requirements on 
                                        existing facilities that would 
                                        be inapplicable under section 
                                        60104(b); or
                                    ``(II) periodic surveys with 
                                handheld equipment, equipment mounted 
                                on mobile platforms, or other means 
                                using commercially available 
                                technology; and
                            ``(iii) for regulated gathering lines in 
                        Class 2 locations, Class 3 locations, or Class 
                        4 locations, technologies and practices to 
                        detect pipeline leaks through--
                                    ``(I) equipment that--
                                            ``(aa) is capable of 
                                        continuous monitoring; and
                                            ``(bb) in the case of an 
                                        existing facility, does not 
                                        impose any design or 
                                        installation requirements on 
                                        existing facilities that would 
                                        be inapplicable under section 
                                        60104(b); or
                                    ``(II) periodic surveys with 
                                handheld equipment, equipment mounted 
                                on mobile platforms, or other means 
                                using commercially available 
                                technology.
            ``(4) Savings clauses.--
                    ``(A) Surveys and timelines.--In promulgating 
                regulations under this subsection, the Secretary--
                            ``(i) shall not reduce the frequency of 
                        surveys required under any other provision of 
                        this chapter or stipulated by regulation as of 
                        the date of enactment of this subsection; and
                            ``(ii) shall not extend the duration of any 
                        timelines for the repair or remediation of 
                        leaks that are stipulated by regulation as of 
                        the date of enactment of this subsection.
                    ``(B) Application.--The limitations in this 
                paragraph do not restrict the Secretary's ability to 
                modify any regulations through proceedings separate 
                from or subsequent to the final regulations required 
                under paragraph (1).
                    ``(C) Existing authority.--Nothing in this 
                subsection shall alter the authority of the Secretary 
                to regulate gathering lines as defined under section 
                60101.''.

SEC. 115. INSPECTION AND MAINTENANCE PLANS.

    (a) In General.--Section 60108 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, must meet the 
                        requirements of any regulations promulgated 
                        under section 60102(q),'' after ``the need for 
                        pipeline safety'';
                            (ii) in subparagraph (C), by striking 
                        ``and'' at the end; and
                            (iii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) the extent to which the plan will contribute 
                to--
                            ``(i) public safety;
                            ``(ii) eliminating hazardous leaks and 
                        minimizing releases of natural gas from 
                        pipeline facilities; and
                            ``(iii) the protection of the environment; 
                        and
                    ``(E) the extent to which the plan addresses the 
                replacement or remediation of pipelines that are known 
                to leak based on the material (including cast iron, 
                unprotected steel, wrought iron, and historic plastics 
                with known issues), design, or past operating and 
                maintenance history of the pipeline.''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Review of plans.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subparagraph, and not less 
                frequently than once every 5 years thereafter, the 
                Secretary or relevant State authority with a 
                certification in effect under section 60105 shall 
                review each plan described in this subsection.
                    ``(B) Context of review.--The Secretary may conduct 
                a review under this paragraph as an element of the 
                inspection of the operator carried out by the Secretary 
                under subsection (b).
                    ``(C) Inadequate programs.--If the Secretary 
                determines that a plan reviewed under this paragraph 
                does not comply with the requirements of this chapter 
                (including any regulations promulgated under this 
                chapter), has not been adequately implemented, is 
                inadequate for the safe operation of a pipeline 
                facility, or is otherwise inadequate, the Secretary may 
                conduct enforcement proceedings under this chapter.''; 
                and
            (2) in subsection (b)(1)(B), by inserting ``construction 
        material,'' after ``method of construction,''.
    (b) Deadline.--Not later than 1 year after the date of enactment of 
this Act, each pipeline operator shall update the inspection and 
maintenance plan prepared by the operator under section 60108(a) of 
title 49, United States Code, to address the elements described in the 
amendments to that section made by subsection (a).
    (c) Inspection and Maintenance Plan Oversight.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study to evaluate the procedures used by the 
        Secretary and States in reviewing plans prepared by pipeline 
        operators under section 60108(a) of title 49, United States 
        Code, pursuant to subsection (b) in minimizing releases of 
        natural gas from pipeline facilities.
            (2) Report of the comptroller general of the united 
        states.--Not later than 1 year after the Secretary's review of 
        the operator plans prepared under section 60108(a) of title 49, 
        United States Code, the Comptroller General of the United 
        States shall submit to the Secretary, the Committee on 
        Commerce, Science, and Transportation of the Senate, and the 
        Committees on Transportation and Infrastructure and Energy and 
        Commerce of the House of Representatives a report that--
                    (A) describes the results of the study conducted 
                under paragraph (1), including an evaluation of the 
                procedures used by the Secretary and States in 
                reviewing the effectiveness of the plans prepared by 
                pipeline operators under section 60108(a) of title 49, 
                United States Code, pursuant to subsection (b) in 
                minimizing releases of natural gas from pipeline 
                facilities; and
                    (B) provides recommendations for how to further 
                minimize releases of natural gas from pipeline 
                facilities without compromising pipeline safety based 
                on observations and information obtained through the 
                study conducted under paragraph (1).
            (3) Response of the secretary.--Not later than 90 days 
        after the date on which the report under paragraph (2) is 
        published, the Secretary shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committees on Transportation and Infrastructure and Energy and 
        Commerce of the House of Representatives a report that 
        includes--
                    (A) a response to the results of the study 
                conducted under paragraph (1) and the recommendations 
                contained in the report submitted under paragraph (2);
                    (B) a discussion of--
                            (i) the best available technologies or 
                        practices to prevent or minimize, without 
                        compromising pipeline safety, the release of 
                        natural gas when making planned repairs, 
                        replacements, or maintenance to a pipeline 
                        facility;
                            (ii) the best available technologies or 
                        practices to prevent or minimize, without 
                        compromising pipeline safety, the release of 
                        natural gas when the operator intentionally 
                        vents or releases natural gas; and
                            (iii) pipeline facility designs that, 
                        without compromising pipeline safety, mitigate 
                        the need to intentionally vent natural gas; and
                    (C) a timeline for updating pipeline safety 
                regulations, as the Secretary determines to be 
                appropriate, to address--
                            (i) the recommendations of the Comptroller 
                        General of the United States in the report 
                        submitted under paragraph (2); and
                            (ii) the matters described in clauses (i) 
                        through (iii) of subparagraph (B) based on the 
                        discussion described in that subparagraph.
            (4) Rulemaking.--
                    (A) In general.--Not later than 180 days after the 
                date on which the Secretary submits the report under 
                paragraph (3), the Secretary shall update, in 
                accordance with the timeline described in paragraph 
                (3)(C), pipeline safety regulations that the Secretary 
                has determined are necessary to protect the environment 
                without compromising pipeline safety.
                    (B) Report.--If the Secretary determines not to 
                promulgate or update regulations to address a 
                recommendation of the Comptroller General of the United 
                States made in the report submitted under paragraph 
                (2), the Secretary shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committees on Transportation and Infrastructure and 
                Energy and Commerce of the House of Representatives a 
                justification for that decision and any supporting 
                documents or analysis used to make that decision.

SEC. 116. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Pipeline and Hazardous Materials 
Safety Administration shall--
            (1) review all comments submitted in response to the 
        advance notice of proposed rulemaking entitled ``Pipeline 
        Safety: Class Location Change Requirements'' (83 Fed. Reg. 
        36861 (July 31, 2018));
            (2) complete any other activities or procedures necessary--
                    (A) to make a determination whether to publish a 
                notice of proposed rulemaking; and
                    (B) if a positive determination is made under 
                subparagraph (A), to advance in the rulemaking process, 
                including by taking any actions required under section 
                60115 of title 49, United State Code; and
            (3) consider the issues raised in the report to Congress 
        entitled ``Evaluation of Expanding Pipeline Integrity 
        Management Beyond High-Consequence Areas and Whether Such 
        Expansion Would Mitigate the Need for Gas Pipeline Class 
        Location Requirements'' prepared by the Pipeline and Hazardous 
        Materials Safety Administration and submitted to Congress on 
        June 8, 2016, including the adequacy of existing integrity 
        management programs.
    (b) Application.--Nothing in this section requires the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration to publish a notice of proposed rulemaking or otherwise 
continue the rulemaking process with respect to the advance notice of 
proposed rulemaking described in subsection (a)(1).
    (c) Reporting.--For purposes of this section, the requirements of 
section 106 shall apply during the period beginning on the date that is 
180 days after the date of enactment of this Act and ending on the date 
on which the requirements of subsection (a) are completed.

SEC. 117. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
              INFORMATION.

    Section 60129 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), in the matter preceding 
        subparagraph (A), by striking ``employee with'' and inserting 
        ``current or former employee with'';
            (2) in subsection (b)(3), by adding at the end the 
        following:
                    ``(D) De novo review.--
                            ``(i) In general.--With respect to a 
                        complaint under paragraph (1), if the Secretary 
                        of Labor has not issued a final decision by the 
                        date that is 210 days after the date on which 
                        the complaint was filed, and if the delay is 
                        not due to the bad faith of the employee who 
                        filed the complaint, that employee may bring an 
                        original action at law or equity for de novo 
                        review in the appropriate district court of the 
                        United States, which shall have jurisdiction 
                        over such action without regard to the amount 
                        in controversy, and which action shall, at the 
                        request of either party to the action, be tried 
                        by the court with a jury.
                            ``(ii) Burdens of proof.--An original 
                        action described in clause (i) shall be 
                        governed by the same legal burdens of proof 
                        specified in paragraph (2)(B) for review by the 
                        Secretary of Labor.''; and
            (3) by adding at the end the following:
    ``(e) Nonenforceability of Certain Provisions Waiving Rights and 
Remedies or Requiring Arbitration of Disputes.--
            ``(1) Waiver of rights and remedies.--The rights and 
        remedies provided under this section may not be waived by any 
        agreement, policy, form, or condition of employment, including 
        by a predispute arbitration agreement.
            ``(2) Predispute arbitration agreements.--No provision of a 
        predispute arbitration agreement shall be valid or enforceable 
        if the provision requires arbitration of a dispute arising 
        under subsection (a)(1).''.

SEC. 118. TRANSPORTATION TECHNOLOGY CENTER.

    (a) Research and Development.--The Administrator may use the 
Transportation Technology Center in Pueblo, Colorado, for research and 
development relating to transportation safety improvements that will 
advance the safe and efficient transportation of hazardous materials 
and energy products.
    (b) Authority to Plan, Design, Engineer, Erect, Alter, and Repair 
Buildings and Make Public Improvements.--Only after submitting a report 
to the Committees on Appropriations and Commerce, Science, and 
Transportation of the Senate and the Committees on Appropriations, 
Transportation and Infrastructure, and Energy and Commerce of the House 
of Representatives, and subject to the availability of funds 
appropriated by Congress for the applicable purpose, the Secretary may 
plan, design, engineer, erect, alter, and repair buildings and make 
other public improvements to carry out necessary research, safety, and 
training activities at the Transportation Technology Center in Pueblo, 
Colorado.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committees on Transportation and Infrastructure and Energy and 
Commerce of the House of Representatives a report on the use of, and 
future plans for, research and development activities at the 
Transportation Technology Center in Pueblo, Colorado.

SEC. 119. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall amend the auditing program 
for the drug and alcohol regulations in part 199 of title 49, Code of 
Federal Regulations, to improve the efficiency and processes of those 
regulations as applied to--
            (1) operators; and
            (2) pipeline contractors working for multiple operators in 
        multiple States.
    (b) Requirement.--In carrying out subsection (a), the Secretary 
shall minimize duplicative audits of the same operators, and the 
contractors working for those operators, by the Administration and 
multiple State agencies.
    (c) Limitation.--Nothing in this section requires modification of 
the inspection or enforcement authority of any Federal agency or State.

SEC. 120. SAVINGS CLAUSE.

    Nothing in this title or an amendment made by this title affects 
the authority of the Administrator of the Environmental Protection 
Agency under the Clean Air Act (42 U.S.C. 7401 et seq.), the authority 
of the Secretary of the Interior under the Mineral Leasing Act (30 
U.S.C. 181 et seq.), or the authority of any State to regulate the 
release of pollutants or hazardous substances to air, water, or land, 
including through the establishment and enforcement of requirements 
relating to that release.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Leonel Rondon Pipeline Safety 
Act''.

SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

    (a) In General.--Section 60109(e) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(7) Distribution integrity management plans.--
                    ``(A) Evaluation of risk.--Not later than 2 years 
                after the date of enactment of this paragraph, the 
                Secretary shall promulgate regulations to ensure that 
                each distribution integrity management plan developed 
                by an operator of a distribution system includes an 
                evaluation of--
                            ``(i) the risks resulting from the presence 
                        of cast iron pipes and mains in the 
                        distribution system; and
                            ``(ii) the risks that could lead to or 
                        result from the operation of a low-pressure 
                        distribution system at a pressure that makes 
                        the operation of any connected and properly 
                        adjusted low-pressure gas burning equipment 
                        unsafe (as described in section 192.623 of 
                        title 49, Code of Federal Regulations (or a 
                        successor regulation)).
                    ``(B) Consideration.--In the evaluations required 
                in a plan under subparagraph (A), the regulations 
                promulgated by the Secretary shall ensure that the 
                distribution integrity management plan evaluates for 
                future potential threats in a manner that considers 
                factors other than past observed abnormal operations 
                (within the meaning of section 192.605 of title 49, 
                Code of Federal Regulations (or a successor 
                regulation)), in ranking risks and identifying measures 
                to mitigate those risks under that subparagraph, so 
                that operators avoid using a risk rating of zero for 
                low probability events unless otherwise supported by 
                engineering analysis or operational knowledge.
                    ``(C) Deadlines.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this paragraph, 
                        each operator of a distribution system shall 
                        make available to the Secretary or the relevant 
                        State authority with a certification in effect 
                        under section 60105, as applicable, a copy of--
                                    ``(I) the distribution integrity 
                                management plan of the operator;
                                    ``(II) the emergency response plan 
                                under section 192.615 of title 49, Code 
                                of Federal Regulations (or a successor 
                                regulation); and
                                    ``(III) the procedural manual for 
                                operations, maintenance, and 
                                emergencies under section 192.605 of 
                                title 49, Code of Federal Regulations 
                                (or a successor regulation).
                            ``(ii) Updates.--Each operator of a 
                        distribution system shall make available to the 
                        Secretary or make available for inspection to 
                        the relevant State authority with a 
                        certification in effect under section 60105, if 
                        applicable, an updated plan or manual described 
                        in clause (i) by not later than 60 days after 
                        the date of a significant update, as determined 
                        by the Secretary.
                            ``(iii) Applicability of foia.--Nothing in 
                        this subsection shall be construed to authorize 
                        the disclosure of any information that is 
                        exempt from disclosure under section 552(b) of 
                        title 5, United States Code.
                    ``(D) Review of plans and documents.--
                            ``(i) Timing.--
                                    ``(I) In general.--Not later than 2 
                                years after the date of promulgation of 
                                the regulations under subparagraph (A), 
                                and not less frequently than once every 
                                5 years thereafter, the Secretary or 
                                relevant State authority with a 
                                certification in effect under section 
                                60105 shall review the distribution 
                                integrity management plan, the 
                                emergency response plan, and the 
                                procedural manual for operations, 
                                maintenance, and emergencies of each 
                                operator of a distribution system and 
                                record the results of that review for 
                                use in the next review of the program 
                                of that operator.
                                    ``(II) Grace period.--For the 
                                third, fourth, and fifth years after 
                                the date of promulgation of the 
                                regulations under subparagraph (A), the 
                                Secretary--
                                            ``(aa) shall not use 
                                        subclause (I) as justification 
                                        to reduce funding, decertify, 
                                        or penalize in any way under 
                                        section 60105, 60106, or 60107 
                                        a State authority that has in 
                                        effect a certification under 
                                        section 60105 or an agreement 
                                        under section 60106; and
                                            ``(bb) shall--

                                                    ``(AA) submit to 
                                                the Committee on 
                                                Commerce, Science, and 
                                                Transportation of the 
                                                Senate and the 
                                                Committees on 
                                                Transportation and 
                                                Infrastructure and 
                                                Energy and Commerce of 
                                                the House of 
                                                Representatives a list 
                                                of States found to be 
                                                noncompliant with 
                                                subclause (I) during 
                                                the annual program 
                                                evaluation; and

                                                    ``(BB) provide a 
                                                written notice to each 
                                                State authority 
                                                described in item (aa) 
                                                that is not in 
                                                compliance with the 
                                                requirements of 
                                                subclause (I).

                            ``(ii) Review.--Each plan or procedural 
                        manual made available under subparagraph (C)(i) 
                        shall be reexamined--
                                    ``(I) on significant change to the 
                                plans or procedural manual, as 
                                applicable;
                                    ``(II) on significant change to the 
                                gas distribution system of the 
                                operator, as applicable; and
                                    ``(III) not less frequently than 
                                once every 5 years.
                            ``(iii) Context of review.--The Secretary 
                        may conduct a review under clause (i) or (ii) 
                        as an element of the inspection of the operator 
                        carried out by the Secretary.
                            ``(iv) Inadequate programs.--If the 
                        Secretary determines that the documents 
                        reviewed under clause (i) or (ii) do not comply 
                        with the requirements of this chapter 
                        (including regulations to implement this 
                        chapter), have not been adequately implemented, 
                        or are inadequate for the safe operation of a 
                        pipeline facility, the Secretary may conduct 
                        proceedings under this chapter.''.
    (b) Monitoring.--Section 60105(e) of title 49, United States Code, 
is amended--
            (1) in the second sentence, by striking ``A State 
        authority'' and inserting the following:
            ``(2) Cooperation.--A State authority with a certification 
        in effect under this section'';
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (3) by adding at the end the following:
            ``(3) Audit program.--Not later than 2 years after the date 
        of enactment of this paragraph, the Secretary shall--
                    ``(A) revise the State audit protocols and 
                procedures to update the annual State Program 
                Evaluations carried out under this subsection and 
                section 60106(d) to ensure that a State authority with 
                a certification in effect under this section has the 
                capability to sufficiently review and evaluate the 
                adequacy of the plans and manuals described in section 
                60109(e)(7)(C)(i);
                    ``(B) update the State Inspection Calculation Tool 
                to take into account factors including--
                            ``(i) the number of miles of natural gas 
                        and hazardous liquid pipelines in the State, 
                        including the number of miles of cast iron and 
                        bare steel pipelines;
                            ``(ii) the number of services in the State;
                            ``(iii) the age of the gas distribution 
                        system in the State; and
                            ``(iv) environmental factors that could 
                        impact the integrity of the pipeline, including 
                        relevant geological issues; and
                    ``(C) promulgate regulations to require that a 
                State authority with a certification in effect under 
                this section has a sufficient number of qualified 
                inspectors to ensure safe operations, as determined by 
                the State Inspection Calculation Tool and other factors 
                determined to be appropriate by the Secretary.''.

SEC. 203. EMERGENCY RESPONSE PLANS.

    Section 60102 of title 49, United States Code (as amended by 
section 114), is amended by adding at the end the following:
    ``(r) Emergency Response Plans.--Not later than 2 years after the 
date of enactment of this subsection, the Secretary shall update 
regulations to ensure that each emergency response plan developed by an 
operator of a distribution system under section 192.615 of title 49, 
Code of Federal Regulations (or a successor regulation), includes 
written procedures for--
            ``(1) establishing communication with first responders and 
        other relevant public officials, as soon as practicable, 
        beginning from the time of confirmed discovery, as determined 
        by the Secretary, by the operator of a gas pipeline emergency 
        involving a release of gas from a distribution system of that 
        operator that results in--
                    ``(A) a fire related to an unintended release of 
                gas;
                    ``(B) an explosion;
                    ``(C) 1 or more fatalities; or
                    ``(D) the unscheduled release of gas and shutdown 
                of gas service to a significant number of customers, as 
                determined by the Secretary;
            ``(2) establishing general public communication through an 
        appropriate channel--
                    ``(A) as soon as practicable, as determined by the 
                Secretary, after a gas pipeline emergency involving a 
                release of gas that results in--
                            ``(i) a fire related to an unintended 
                        release of gas;
                            ``(ii) an explosion;
                            ``(iii) 1 or more fatalities; or
                            ``(iv) the unscheduled shutdown of gas 
                        service to a significant number of customers, 
                        as determined by the Secretary; and
                    ``(B) that provides information regarding--
                            ``(i) the emergency described in 
                        subparagraph (A); and
                            ``(ii) the status of public safety; and
            ``(3) the development and implementation of a voluntary, 
        opt-in system that would allow operators of distribution 
        systems to rapidly communicate with customers in the event of 
        an emergency.''.

SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

    Section 60102 of title 49, United States Code (as amended by 
section 203), is amended by adding at the end the following:
    ``(s) Operations and Maintenance Manuals.--Not later than 2 years 
after the date of enactment of this subsection, the Secretary shall 
update regulations to ensure that each procedural manual for 
operations, maintenance, and emergencies developed by an operator of a 
distribution pipeline under section 192.605 of title 49, Code of 
Federal Regulations (or a successor regulation), includes written 
procedures for--
            ``(1) responding to overpressurization indications, 
        including specific actions and an order of operations for 
        immediately reducing pressure in or shutting down portions of 
        the gas distribution system, if necessary; and
            ``(2) a detailed procedure for the management of the change 
        process, which shall--
                    ``(A) be applied to significant technology, 
                equipment, procedural, and organizational changes to 
                the distribution system; and
                    ``(B) ensure that relevant qualified personnel, 
                such as an engineer with a professional engineer 
                licensure, subject matter expert, or other employee who 
                possesses the necessary knowledge, experience, and 
                skills regarding natural gas distribution systems, 
                review and certify construction plans for accuracy, 
                completeness, and correctness.''.

SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce of the House 
of Representatives a report describing--
            (1) the number of operators of natural gas distribution 
        systems who have implemented a pipeline safety management 
        system in accordance with the standard established by the 
        American Petroleum Institute entitled ``Pipeline Safety 
        Management System Requirements'' and numbered American 
        Petroleum Institute Recommended Practice 1173;
            (2) the progress made by operators of natural gas 
        distribution systems who have implemented, or are in the 
        process of implementing, a pipeline safety management system 
        described in paragraph (1); and
            (3) the feasibility of an operator of a natural gas 
        distribution system implementing a pipeline safety management 
        system described in paragraph (1) based on the size of the 
        operator as measured by--
                    (A) the number of customers the operator has; and
                    (B) the amount of natural gas the operator 
                transports.
    (b) Requirements.--As part of the report required under subsection 
(a), the Secretary shall provide guidance or recommendations that would 
further the adoption of safety management systems in accordance with 
the standard established by the American Petroleum Institute entitled 
``Pipeline Safety Management System Requirements'' and numbered 
American Petroleum Institute Recommended Practice 1173.
    (c) Evaluation and Promotion of Safety Management Systems.--The 
Secretary and the relevant State authority with a certification in 
effect under section 60105 of title 49, United States Code, as 
applicable, shall--
            (1) promote and assess pipeline safety management systems 
        frameworks developed by operators of natural gas distribution 
        systems and described in the report under subsection (a), 
        including--
                    (A) if necessary, using independent third-party 
                evaluators; and
                    (B) through a system that promotes self-disclosure 
                of--
                            (i) errors; and
                            (ii) deviations from regulatory standards; 
                        and
            (2) if a deviation from a regulatory standard is identified 
        during the development and application of a pipeline safety 
        management system, certify that--
                    (A) due consideration will be given to factors such 
                as flawed procedures, honest mistakes, or lack of 
                understanding; and
                    (B) the operators and regulators use the most 
                appropriate tools to fix the deviation, return to 
                compliance, and prevent the recurrence of the 
                deviation, including--
                            (i) root cause analysis; and
                            (ii) training, education, or other 
                        appropriate improvements to procedures or 
                        training programs.

SEC. 206. PIPELINE SAFETY PRACTICES.

    Section 60102 of title 49, United States Code (as amended by 
section 204), is amended by adding at the end the following:
    ``(t) Other Pipeline Safety Practices.--
            ``(1) Records.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall promulgate 
        regulations to require an operator of a distribution system--
                    ``(A) to identify and manage traceable, reliable, 
                and complete records, including maps and other 
                drawings, critical to ensuring proper pressure controls 
                for a gas distribution system, and updating these 
                records as needed, while collecting and identifying 
                other records necessary for risk analysis on an 
                opportunistic basis; and
                    ``(B) to ensure that the records required under 
                subparagraph (A) are--
                            ``(i) accessible to all personnel 
                        responsible for performing or overseeing 
                        relevant construction or engineering work; and
                            ``(ii) submitted to, or made available for 
                        inspection by, the Secretary or the relevant 
                        State authority with a certification in effect 
                        under section 60105.
            ``(2) Presence of qualified employees.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall promulgate regulations to require that not less 
                than 1 agent of an operator of a distribution system 
                who is qualified to perform relevant covered tasks (as 
                defined in section 192.801(b) of title 49, Code of 
                Federal Regulations (or a successor regulation)) shall 
                monitor gas pressure at the district regulator station 
                or at an alternative site with equipment capable of 
                ensuring proper pressure controls and have the 
                capability to promptly shut down the flow of gas or 
                control over pressurization at a district regulator 
                station during any construction project that has the 
                potential to cause a hazardous overpressurization at 
                that station, including tie-ins and abandonment of 
                distribution lines and mains, based on an evaluation, 
                conducted by the operator, of threats that could result 
                in unsafe operation.
                    ``(B) Exclusion.--In promulgating regulations under 
                subparagraph (A), the Secretary shall ensure that those 
                regulations do not apply to a district regulating 
                station that has a monitoring system and the capability 
                for remote or automatic shutoff.
            ``(3) District regulator stations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Secretary 
                shall promulgate regulations to require that each 
                operator of a distribution system assesses and 
                upgrades, as appropriate, each district regulator 
                station of the operator to ensure that--
                            ``(i) the risk of the gas pressure in the 
                        distribution system exceeding, by a common mode 
                        of failure, the maximum allowable operating 
                        pressure (as described in section 192.623 of 
                        title 49, Code of Federal Regulations (or a 
                        successor regulation)) allowed under Federal 
                        law (including regulations) is minimized;
                            ``(ii) the gas pressure of a low-pressure 
                        distribution system is monitored, particularly 
                        at or near the location of critical pressure-
                        control equipment;
                            ``(iii) the regulator station has secondary 
                        or backup pressure-relieving or overpressure-
                        protection safety technology, such as a relief 
                        valve or automatic shutoff valve, or other 
                        pressure-limiting devices appropriate for the 
                        configuration and siting of the station and, in 
                        the case of a regulator station that employs 
                        the primary and monitor regulator design, the 
                        operator shall eliminate the common mode of 
                        failure or provide backup protection capable of 
                        either shutting the flow of gas, relieving gas 
                        to the atmosphere to fully protect the 
                        distribution system from overpressurization 
                        events, or there must be technology in place to 
                        eliminate a common mode of failure; and
                            ``(iv) if the Secretary determines that it 
                        is not operationally possible for an operator 
                        to implement the requirements under clause 
                        (iii), the Secretary shall require such 
                        operator to identify actions in their plan that 
                        minimize the risk of an overpressurization 
                        event.''.

            Passed the Senate August 6, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                S. 2299

_______________________________________________________________________

                                 AN ACT

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