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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Protecting our Infrastructure of Pipelines and Enhanc4 ing Safety Act of 2020’’ or the ‘‘PIPES Act of 2020’’. 

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

6 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. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 
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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the Pipeline and Hazardous Materials 

3 Safety Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Administra6 tion. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Transportation. 

9 TITLE I—IMPROVING PIPELINE 

10 SAFETY AND INFRASTRUCTURE 

11 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) GAS AND HAZARDOUS LIQUID.—Section 60125 

13 of title 49, United States Code, is amended by striking 

14 subsection (a) and inserting the following: 

15 ‘‘(a) GAS AND HAZARDOUS LIQUID.— 

16 ‘‘(1) IN GENERAL.—From fees collected under 

17 section 60301, there are authorized to be appro18 priated to the Secretary to carry out section 12 of 

19 the Pipeline Safety Improvement Act of 2002 (49 

20 U.S.C. 60101 note; Public Law 107–355) and the 

21 provisions of this chapter relating to gas and haz22 ardous liquid— 

23 ‘‘(A) $147,000,000 for fiscal year 2020, of 

24 which— 
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1 ‘‘(i) $9,000,000 shall be used to carry 

2 out section 12 of the Pipeline Safety Im3 provement Act of 2002 (49 U.S.C. 60101 

4 note; Public Law 107–355); and 

5 ‘‘(ii) $60,000,000 shall be used for 

6 making grants; 

7 ‘‘(B) $151,000,000 for fiscal year 2021, of 

8 which— 

9 ‘‘(i) $9,000,000 shall be used to carry 

10 out section 12 of the Pipeline Safety Im11 provement Act of 2002 (49 U.S.C. 60101 

12 note; Public Law 107–355); and 

13 ‘‘(ii) $63,000,000 shall be used for 

14 making grants; 

15 ‘‘(C) $155,000,000 for fiscal year 2022, of 

16 which— 

17 ‘‘(i) $9,000,000 shall be used to carry 

18 out section 12 of the Pipeline Safety Im19 provement Act of 2002 (49 U.S.C. 60101 

20 note; Public Law 107–355); and 

21 ‘‘(ii) $66,000,000 shall be used for 

22 making grants; and 

23 ‘‘(D) $159,000,000 for fiscal year 2023, of 

24 which— 
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1 ‘‘(i) $9,000,000 shall be used to carry 

2 out section 12 of the Pipeline Safety Im3 provement Act of 2002 (49 U.S.C. 60101 

4 note; Public Law 107–355); and 

5 ‘‘(ii) $69,000,000 shall be used for 

6 making grants. 

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

8 the amounts authorized to be appropriated under 

9 paragraph (1), there are authorized to be appro10 priated from the Oil Spill Liability Trust Fund es11 tablished by section 9509(a) of the Internal Revenue 

12 Code of 1986 to carry out section 12 of the Pipeline 

13 Safety Improvement Act of 2002 (49 U.S.C. 60101 

14 note; Public Law 107–355) and the provisions of 

15 this chapter relating to hazardous liquid— 

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

17 which— 

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

19 out section 12 of the Pipeline Safety Im20 provement Act of 2002 (49 U.S.C. 60101 

21 note; Public Law 107–355); and 

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

23 making grants; 

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

25 which— 
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1 ‘‘(i) $3,000,000 shall be used to carry 

2 out section 12 of the Pipeline Safety Im3 provement Act of 2002 (49 U.S.C. 60101 

4 note; Public Law 107–355); and 

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

6 making grants; 

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

8 which— 

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

10 out section 12 of the Pipeline Safety Im11 provement Act of 2002 (49 U.S.C. 60101 

12 note; Public Law 107–355); and 

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

14 making grants; and 

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

16 which— 

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

18 out section 12 of the Pipeline Safety Im19 provement Act of 2002 (49 U.S.C. 60101 

20 note; Public Law 107–355); and 

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

22 making grants. 

23 ‘‘(3) UNDERGROUND NATURAL GAS STORAGE

24 FACILITY SAFETY ACCOUNT.—From fees collected 

25 under section 60302, there is authorized to be ap-
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1 propriated to the Secretary to carry out section 

2 60141 $8,000,000 for each of fiscal years 2020 

3 through 2023.’’. 

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

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

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

7 inserting the following: 

8 ‘‘(1) $24,000,000 for fiscal year 2020. 

9 ‘‘(2) $25,000,000 for fiscal year 2021. 

10 ‘‘(3) $26,000,000 for fiscal year 2022. 

11 ‘‘(4) $27,000,000 for fiscal year 2023.’’. 

12 (c) ONE-CALL NOTIFICATION PROGRAMS.—Section 

13 6107 of title 49, United States Code, is amended by strik14 ing ‘‘$1,058,000 for each of fiscal years 2016 through 

15 2019’’ and inserting ‘‘$1,058,000 for each of fiscal years 

16 2020 through 2023’’. 

17 (d) EMERGENCY RESPONSE GRANTS.—Section 

18 60125(b)(2) of title 49, United States Code, is amended 

19 by striking ‘‘fiscal years 2012 through 2015’’ and insert20 ing ‘‘fiscal years 2020 through 2023’’. 

21 (e) PIPELINE SAFETY INFORMATION GRANTS TO

22 COMMUNITIES.—Section 60130 of title 49, United States 

23 Code, is amended— 

24 (1) in subsection (a)(1), in the first sentence, 

25 by striking ‘‘to local communities and groups of indi-
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1 viduals (not including for-profit entities)’’ and in2 serting ‘‘to local communities, Indian Tribes, and 

3 groups of individuals (not including for-profit enti4 ties)’’; and 

5 (2) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) FUNDING.— 

8 ‘‘(1) IN GENERAL.—Out of amounts made 

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

10 2016 (Public Law 114–183; 130 Stat. 515), the 

11 Secretary shall use $1,500,000 for each of fiscal 

12 years 2020 through 2023 to carry out this section. 

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

14 out this section shall not be derived from user fees 

15 collected under section 60301.’’. 

16 (f) DAMAGE PREVENTION PROGRAMS.—Section 

17 60134(i) of title 49, United States Code, is amended in 

18 the first sentence by striking ‘‘fiscal years 2012 through 

19 2015’’ and inserting ‘‘fiscal years 2020 through 2023’’. 

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

21 of the Pipeline Safety Improvement Act of 2002 (49 

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

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

24 through 2023’’. 
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1 SEC. 102. PIPELINE WORKFORCE DEVELOPMENT. 

2 (a) INSPECTOR TRAINING.—Not later than 1 year 

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

4 shall— 

5 (1) review the inspector training programs pro6 vided at the Inspector Training and Qualifications 

7 Division of the Administration in Oklahoma City, 

8 Oklahoma; and 

9 (2) determine whether any of the programs re10 ferred to in paragraph (1), or any portions of the 

11 programs, could be provided online through tele12 training or another type of distance learning. 

13 (b) REPORT.— 

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

15 the date of enactment of this Act, the Secretary 

16 shall submit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the 

18 Committees on Transportation and Infrastructure, 

19 Energy and Commerce, and Science, Space, and 

20 Technology of the House of Representatives and 

21 make publicly available on a website of the Depart22 ment of Transportation a report containing a com23 prehensive workforce plan for the Administration. 

24 (2) CONTENTS.—The report under paragraph 

25 (1) shall include— 
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1 (A) a description of the current staffing at 

2 the Administration; 

3 (B) an identification of the staff needed to 

4 achieve the mission of the Administration over 

5 the next 10 years following the date of the re6 port; 

7 (C) an evaluation of whether the inspector 

8 training programs referred to in subsection 

9 (a)(1) provide appropriate exposure to pipeline 

10 operations and current pipeline safety tech11 nology; 

12 (D) a summary of any gaps between the 

13 current workforce of the Administration and 

14 the future human capital needs of the Adminis15 tration; and 

16 (E) a description of how the Administra17 tion— 

18 (i) uses the retention incentives de19 fined by the Office of Personnel Manage20 ment; and 

21 (ii) plans to use those retention incen22 tives as part of the comprehensive work23 force plan of the Administration. 
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1 SEC. 103. COST RECOVERY AND FEES FOR FACILITY RE2 VIEWS. 

3 (a) FEES FOR COMPLIANCE REVIEWS OF LIQUEFIED

4 NATURAL GAS FACILITIES.—Chapter 603 of title 49, 

5 United States Code, is amended by inserting after section 

6 60302 the following: 

7 ‘‘§ 60303. Fees for compliance reviews of liquefied 

8 natural gas facilities 

9 ‘‘(a) IMPOSITION OF FEE.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Transpor11 tation (referred to in this section as the ‘Secretary’) 

12 shall impose on a person who files with the Federal 

13 Energy Regulatory Commission an application for a 

14 liquefied natural gas facility that has design and 

15 construction costs totaling not less than 

16 $2,500,000,000 a fee for the necessary expenses of 

17 a review, if any, that the Secretary conducts, in con18 nection with that application, to determine compli19 ance with subpart B of part 193 of title 49, Code 

20 of Federal Regulations (or successor regulations). 

21 ‘‘(2) RELATION TO OTHER REVIEW.—The Sec22 retary may not impose fees under paragraph (1) and 

23 section 60117(o) or 60301(b) for the same compli24 ance review described in paragraph (1). 

25 ‘‘(b) MEANS OF COLLECTION.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall pre2 scribe procedures to collect fees under this section. 

3 ‘‘(2) USE OF GOVERNMENT ENTITIES.—The 

4 Secretary may— 

5 ‘‘(A) use a department, agency, or instru6 mentality of the Federal Government or of a 

7 State or local government to collect fees under 

8 this section; and 

9 ‘‘(B) reimburse that department, agency, 

10 or instrumentality a reasonable amount for the 

11 services provided. 

12 ‘‘(c) ACCOUNT.—There is established an account, to 

13 be known as the ‘Liquefied Natural Gas Siting Account’, 

14 in the Pipeline Safety Fund established in the Treasury 

15 of the United States under section 60301.’’. 

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

17 for chapter 603 of title 49, United States Code, is amend18 ed by inserting after the item relating to section 60302 

19 the following: 

‘‘60303. Fees for compliance reviews of liquefied natural gas facilities.’’. 

20 SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECH21 NOLOGIES AND APPROACHES. 

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

23 States Code, is amended by adding at the end the fol24 lowing: 
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1 ‘‘§ 60142. Pipeline safety enhancement programs 

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

3 carry out limited safety-enhancing testing programs dur4 ing the period of fiscal years 2020 through 2026 to evalu5 ate innovative technologies and operational practices test6 ing the safe operation of— 

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

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

9 ‘‘(b) LIMITATIONS.— 

10 ‘‘(1) IN GENERAL.—Such testing programs may 

11 not exceed— 

12 ‘‘(A) 5 percent of the total miles of haz13 ardous liquid pipelines in the United States; 

14 and 

15 ‘‘(B) 5 percent of the total miles of natural 

16 gas pipelines in the United States. 

17 ‘‘(2) HIGH POPULATION AREAS.—Any program 

18 established under subsection (a) shall not be located 

19 in a high population area (as defined in section 

20 195.450 of title 49, Code of Federal Regulations). 

21 ‘‘(c) DURATION.—The term of a testing program es22 tablished under subsection (a) shall be not more than a 

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

24 program. 

25 ‘‘(d) SAFETY STANDARDS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall re2 quire, as a condition of approval of a testing pro3 gram under subsection (a), that the safety measures 

4 in the testing program are designed to achieve a 

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

6 the level of safety required by this chapter. 

7 ‘‘(2) DETERMINATION.— 

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

9 issue an order under subparagraph (A) of sec10 tion 60118(c)(1) to accomplish the purpose of 

11 a testing program for a term not to exceed the 

12 time period described in subsection (c) if the 

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

14 determined by the Secretary. 

15 ‘‘(B) LIMITATION.—An order under sub16 paragraph (A) shall pertain only to those regu17 lations that would otherwise prevent the use of 

18 the safety technology to be tested under the 

19 testing program. 

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

21 program under subsection (a), the Secretary shall con22 sider— 

23 ‘‘(1) whether the owners or operators partici24 pating in the program have a safety management 

25 system in place; and 
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1 ‘‘(2) whether the proposed safety technology 

2 has been tested through a research and development 

3 program carried out by— 

4 ‘‘(A) the Secretary; 

5 ‘‘(B) collaborative research development 

6 organizations; or 

7 ‘‘(C) other institutions. 

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

9 testing program established under subsection (a), an oper10 ator shall submit to the Secretary detailed findings and 

11 a summary of data collected as a result of participation 

12 in the testing program. 

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

14 Secretary shall immediately revoke participation in a test15 ing program under subsection (a) if— 

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

17 terms and conditions of the testing program; or 

18 ‘‘(2) in the determination of the Secretary, con19 tinued participation in the testing program by the 

20 participant would be unsafe or would not be con21 sistent with the goals and objectives of this chapter. 

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

23 Secretary shall immediately terminate a testing program 

24 under subsection (a) if continuation of the testing pro-
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1 gram would not be consistent with the goals and objectives 

2 of this chapter. 

3 ‘‘(i) STATE RIGHTS.— 

4 ‘‘(1) EXEMPTION.—Except as provided in para5 graph (2), if a State submits to the Secretary notice 

6 that the State requests an exemption from any test7 ing program considered for establishment under this 

8 section, the State shall be exempt. 

9 ‘‘(2) LIMITATIONS.— 

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

11 not grant a requested exemption under para12 graph (1) after a testing program is estab13 lished. 

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

15 not grant a requested exemption under para16 graph (1) if the notice submitted under that 

17 paragraph is submitted to the Secretary more 

18 than 10 days after the date on which the Sec19 retary issues an order providing an effective 

20 date for the testing program. 

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

22 notice requesting an exemption under paragraph (1), 

23 the State shall not enforce any law (including regu24 lations) that is inconsistent with a testing program 

25 in effect in the State under this section. 
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1 ‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NO2 TICE.— 

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

4 in the Federal Register and send directly to each rel5 evant State authority with a certification in effect 

6 under section 60105 a notice of each testing pro7 gram under subsection (a), including the order to be 

8 considered, and provide an opportunity for public 

9 comment for not less than 90 days. 

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

11 than the date on which the Secretary issues an order 

12 providing an effective date of a testing program no13 ticed under paragraph (1), the Secretary shall re14 spond to each comment submitted under that para15 graph. 

16 ‘‘(k) REPORT TO CONGRESS.—At the conclusion of 

17 each testing program, the Secretary shall make publicly 

18 available on the website of the Department of Transpor19 tation a report containing— 

20 ‘‘(1) the findings and conclusions of the Sec21 retary with respect to the testing program; and 

22 ‘‘(2) any recommendations of the Secretary 

23 with respect to the testing program, including any 

24 recommendations for amendments to laws (including 
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1 regulations) and the establishment of standards, 

2 that— 

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

4 interstate gas or hazardous liquid pipeline fa5 cilities; and 

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

7 economically feasible. 

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

9 indicates that it is practicable to establish technically, 

10 operationally, and economically feasible standards for the 

11 use of a safety-enhancing technology and any cor12 responding operational practices tested by the testing pro13 gram described in the report, the Secretary, as soon as 

14 practicable after submission of the report, may promulgate 

15 regulations consistent with chapter 5 of title 5 (commonly 

16 known as the ‘Administrative Procedures Act’) that— 

17 ‘‘(1) allow operators of interstate gas or haz18 ardous liquid pipeline facilities to use the relevant 

19 technology or practice to the extent practicable; and 

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

21 economically feasible standards for the capability 

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

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

24 for chapter 601 of title 49, United States Code, is amend-
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1 ed by inserting after the item relating to section 60141 

2 the following: 

‘‘60142. Pipeline safety enhancement programs.’’. 

3 SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT 

4 STUDY. 

5 Not later than 2 years after the date of enactment 

6 of this Act, the Secretary shall submit to the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 and the Committees on Transportation and Infrastruc9 ture, Energy and Commerce, and Science, Space, and 

10 Technology of the House of Representatives a report relat11 ing to— 

12 (1) the research and development capabilities of 

13 the Administration, in accordance with section 12 of 

14 the Pipeline Safety Improvement Act of 2002 (49 

15 U.S.C. 60101 note; Public Law 107–355); 

16 (2)(A) the development of additional testing 

17 and research capabilities through the establishment 

18 of an independent pipeline safety testing facility 

19 under the Department of Transportation; 

20 (B) whether an independent pipeline safety 

21 testing facility would be critical to the work of the 

22 Administration; 

23 (C) the costs and benefits of developing an 

24 independent pipeline safety testing facility under the 

25 Department of Transportation; and 
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1 (D) the costs and benefits of colocating an inde2 pendent pipeline safety testing facility at an existing 

3 training center of the Administration; and 

4 (3) the ability of the Administration to use the 

5 testing facilities of the Department of Transpor6 tation, other Federal agencies, or federally funded 

7 research and development centers. 

8 SEC. 106. REGULATORY UPDATES. 

9 (a) DEFINITION OF OUTSTANDING MANDATE.—In 

10 this section, the term ‘‘outstanding mandate’’ means— 

11 (1) a final rule required to be issued under the 

12 Pipeline Safety, Regulatory Certainty, and Job Cre13 ation Act of 2011 (Public Law 112–90; 125 Stat. 

14 1904) that has not been published in the Federal 

15 Register; 

16 (2) a final rule required to be issued under the 

17 PIPES Act of 2016 (Public Law 114–183; 130 

18 Stat. 514) that has not been published in the Fed19 eral Register; and 

20 (3) any other final rule regarding gas or haz21 ardous liquid pipeline facilities required to be issued 

22 under this Act or an Act enacted prior to the date 

23 of enactment of this Act that has not been published 

24 in the Federal Register. 

25 (b) REQUIREMENTS.— 
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1 (1) PERIODIC UPDATES.—Not later than 30 

2 days after the date of enactment of this Act, and 

3 every 30 days thereafter until a final rule referred 

4 to in paragraphs (1) through (3) of subsection (a) 

5 is published in the Federal Register, the Secretary 

6 shall publish on a publicly available website of the 

7 Department of Transportation an update regarding 

8 the status of each outstanding mandate in accord9 ance with subsection (c). 

10 (2) NOTIFICATION OF CONGRESS.—On publica11 tion of a final rule in the Federal Register for an 

12 outstanding mandate, the Secretary shall submit to 

13 the Committee on Commerce, Science, and Trans14 portation of the Senate and the Committees on 

15 Transportation and Infrastructure and Energy and 

16 Commerce of the House of Representatives a notifi17 cation in accordance with subsection (c). 

18 (c) CONTENTS.—An update published or a notifica19 tion submitted under paragraph (1) or (2) of subsection 

20 (b) shall contain, as applicable— 

21 (1) with respect to information relating to the 

22 Administration— 

23 (A) a description of the work plan for each 

24 outstanding mandate; 
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1 (B) an updated rulemaking timeline for 

2 each outstanding mandate; 

3 (C) the staff allocations with respect to 

4 each outstanding mandate; 

5 (D) any resource constraints affecting the 

6 rulemaking process for each outstanding man7 date; 

8 (E) any other details associated with the 

9 development of each outstanding mandate that 

10 affect the progress of the rulemaking process 

11 with respect to that outstanding mandate; and 

12 (F) a description of all rulemakings re13 garding gas or hazardous liquid pipeline facili14 ties published in the Federal Register that are 

15 not identified under subsection (b)(2); and 

16 (2) with respect to information relating to the 

17 Office of the Secretary— 

18 (A) the date that the outstanding mandate 

19 was submitted to the Office of the Secretary for 

20 review; 

21 (B) the reason that the outstanding man22 date is under review beyond 45 days; 

23 (C) the staff allocations within the Office 

24 of the Secretary with respect to each the out25 standing mandate; 
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1 (D) any resource constraints affecting re2 view of the outstanding mandate; 

3 (E) an estimated timeline of when review 

4 of the outstanding mandate will be complete, as 

5 of the date of the update; 

6 (F) if applicable, the date that the out7 standing mandate was returned to the Adminis8 tration for revision and the anticipated date for 

9 resubmission to the Office of the Secretary; 

10 (G) the date that the outstanding mandate 

11 was submitted to the Office of Management and 

12 Budget for review; and 

13 (H) a statement of whether the out14 standing mandate remains under review by the 

15 Office of Management and Budget. 

16 SEC. 107. SELF-DISCLOSURE OF VIOLATIONS. 

17 Section 60122(b)(1) of title 49, United States Code, 

18 is amended— 

19 (1) in subparagraph (B), by striking ‘‘and’’ at 

20 the end; and 

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

22 ‘‘(D) self-disclosure and correction of viola23 tions, or actions to correct a violation, prior to 

24 discovery by the Pipeline and Hazardous Mate25 rials Safety Administration; and’’. 
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1 SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT 

2 PROCEEDINGS. 

3 (a) IN GENERAL.—Section 60117 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating subsections (b) through (o) 

6 as subsections (c) through (p), respectively; and 

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) ENFORCEMENT AND REGULATORY PROCE10 DURES.— 

11 ‘‘(1) REQUEST FOR FORMAL HEARING.—On re12 quest of a respondent in an enforcement or regu13 latory proceeding under this chapter, a hearing shall 

14 be held in accordance with section 554 of title 5. 

15 ‘‘(2) ADMINISTRATIVE LAW JUDGE.—A hearing 

16 under paragraph (1) shall be conducted by an ad17 ministrative law judge appointed under section 3105 

18 of title 5. 

19 ‘‘(3) OPEN TO THE PUBLIC.— 

20 ‘‘(A) HEARINGS.—A hearing under para21 graph (1) shall be— 

22 ‘‘(i) noticed to the public— 

23 ‘‘(I) on the website of the Pipe24 line and Hazardous Materials Safety 

25 Administration; and 
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1 ‘‘(II) in the Federal Register; 

2 and 

3 ‘‘(ii) open to the public. 

4 ‘‘(B) AGREEMENTS, ORDERS, AND JUDG5 MENTS.—A consent agreement, consent order, 

6 order, or judgment resulting from a hearing 

7 under paragraph (1) shall be made available to 

8 the public on the website of the Pipeline and 

9 Hazardous Materials Safety Administration. 

10 ‘‘(4) PROCEDURES.—In implementing enforce11 ment and regulatory procedures under this chapter, 

12 the Secretary shall— 

13 ‘‘(A) allow the use of a consent agreement 

14 and consent order to resolve any matter of fact 

15 or law asserted; 

16 ‘‘(B) allow the respondent and the agency 

17 to convene 1 or more meetings— 

18 ‘‘(i) for settlement or simplification of 

19 the issues; or 

20 ‘‘(ii) to aid in the disposition of issues; 

21 ‘‘(C) require that the case file in an en22 forcement proceeding include all agency records 

23 pertinent to the matters of fact and law as24 serted; 
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1 ‘‘(D) require that a recommended decision 

2 be made available to the respondent when 

3 issued; 

4 ‘‘(E) allow a respondent to reply to any 

5 post-hearing submission; 

6 ‘‘(F) allow a respondent to request— 

7 ‘‘(i) that a hearing be held, and a rec8 ommended decision and order issued, on 

9 an expedited basis; or 

10 ‘‘(ii) that a hearing not commence for 

11 a period of not less than 90 days; 

12 ‘‘(G) require that the agency have the bur13 den of proof, presentation, and persuasion in 

14 any enforcement matter; 

15 ‘‘(H) require that any recommended deci16 sion and order contain findings of fact and con17 clusions of law; 

18 ‘‘(I) require the Associate Administrator of 

19 the Office of Pipeline Safety to file a post-hear20 ing recommendation not later than 30 days 

21 after the deadline for any post-hearing submis22 sion of a respondent; 

23 ‘‘(J) require an order on a petition for re24 consideration to be issued not later than 120 
27 

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1 days after the date on which the petition is 

2 filed; and 

3 ‘‘(K) allow an operator to request that an 

4 issue of controversy or uncertainty be addressed 

5 through a declaratory order in accordance with 

6 section 554(e) of title 5, which order shall be 

7 issued not later than 120 days after the date on 

8 which a request is made. 

9 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub10 section alters the procedures applicable to an emer11 gency order under subsection (p).’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Section 60109(g)(4) of title 49, United 

14 States Code, is amended by striking ‘‘section 

15 60117(c)’’ and inserting ‘‘section 60117(d)’’. 

16 (2) Section 60117(p) of title 49, United States 

17 Code (as redesignated by subsection (a)(1)), is 

18 amended, in paragraph (3)(E), by striking 

19 ‘‘60117(l)’’ and inserting ‘‘subsection (m)’’. 

20 (3) Section 60118(a)(3) of title 49, United 

21 States Code, is amended by striking ‘‘section 

22 60117(a)–(d)’’ and inserting ‘‘subsections (a) 

23 through (e) of section 60117’’. 
28 

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1 SEC. 109. PIPELINE OPERATING STATUS. 

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

3 States Code (as amended by section 104(a)), is amended 

4 by adding at the end the following: 

5 ‘‘§ 60143. Idled pipelines 

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

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

8 pipeline— 

9 ‘‘(1)(A) has ceased normal operations; and 

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

11 less than 180 days; 

12 ‘‘(2) has been isolated from all sources of haz13 ardous liquid, natural gas, or other gas; and 

14 ‘‘(3)(A) has been purged of combustibles and 

15 hazardous materials and maintains a blanket of 

16 inert, nonflammable gas at low pressure; or 

17 ‘‘(B) has not been purged as described in sub18 paragraph (A), but the volume of gas is so small 

19 that there is no potential hazard. 

20 ‘‘(b) RULEMAKING.— 

21 ‘‘(1) IN GENERAL.—Not later than 2 years 

22 after the date of enactment of the PIPES Act of 

23 2020, the Secretary shall promulgate regulations 

24 prescribing the applicability of the pipeline safety re25 quirements to idled natural or other gas trans26 mission and hazardous liquid pipelines. 
29 

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1 ‘‘(2) REQUIREMENTS.— 

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

3 the regulations under paragraph (1) shall be 

4 based on the risk that idled natural or other 

5 gas transmission and hazardous liquid pipelines 

6 pose to the public, property, and the environ7 ment, and shall include requirements to resume 

8 operation. 

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

10 appropriate State agency shall inspect each 

11 idled pipeline and verify that the pipeline has 

12 been purged of combustibles and hazardous ma13 terials, if required under subsection (a). 

14 ‘‘(C) REQUIREMENTS FOR REINSPEC15 TION.—The Secretary shall determine the re16 quirements for periodic reinspection of idled 

17 natural or other gas transmission and haz18 ardous liquid pipelines.’’. 

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

20 for chapter 601 of title 49, United States Code (as amend21 ed by section 104(b)), is amended by inserting after the 

22 item relating to section 60142 the following: 

‘‘60143. Idled pipelines.’’. 
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1 SEC. 110. LIQUEFIED NATURAL GAS FACILITY PROJECT RE2 VIEWS. 

3 Section 60103(a) of title 49, United States Code, is 

4 amended— 

5 (1) by redesignating paragraphs (1) through 

6 (7) as subparagraphs (A) through (G), respectively, 

7 and indenting appropriately; 

8 (2) in the first sentence, by striking ‘‘The Sec9 retary of Transportation’’ and inserting the fol10 lowing: 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation’’; 

13 (3) in the second sentence, by striking ‘‘In pre14 scribing a standard’’ and inserting the following: 

15 ‘‘(2) CONSIDERATIONS.—In prescribing a 

16 standard under paragraph (1)’’; and 

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

18 ‘‘(3) USE OF LOCATION STANDARDS.—If a Fed19 eral or State authority with jurisdiction over lique20 fied natural gas pipeline facility permits or approvals 

21 is using the location standards prescribed under 

22 paragraph (1) for purposes of making a decision 

23 with respect to the location of a new liquefied nat24 ural gas pipeline facility and submits to the Sec25 retary of Transportation a request to provide a de26 termination of whether the new liquefied natural gas 
31 

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1 pipeline facility would meet the location standards, 

2 the Secretary may provide such a determination to 

3 the requesting Federal or State authority. 

4 ‘‘(4) EFFECT.—Nothing in this subsection or 

5 subsection (b)— 

6 ‘‘(A) affects— 

7 ‘‘(i) section 3 of the Natural Gas Act 

8 (15 U.S.C. 717b); 

9 ‘‘(ii) the authority of the Federal En10 ergy Regulatory Commission to carry out 

11 that section; or 

12 ‘‘(iii) any other similar authority of 

13 any other Federal or State agency; or 

14 ‘‘(B) requires the Secretary of Transpor15 tation to formally approve any project proposal 

16 or otherwise perform any siting functions.’’. 

17 SEC. 111. UPDATES TO STANDARDS FOR LIQUEFIED NAT18 URAL GAS FACILITIES. 

19 (a) IN GENERAL.—Not later than 3 years after the 

20 date of enactment of this Act, the Secretary shall— 

21 (1) review the minimum operating and mainte22 nance standards prescribed under section 60103(d) 

23 of title 49, United States Code; and 

24 (2) based on the review under paragraph (1), 

25 update the standards described in that paragraph 
32 

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1 applicable to large-scale liquefied natural gas facili2 ties (other than peak shaving facilities) to provide 

3 for a risk-based regulatory approach for such facili4 ties, consistent with this section. 

5 (b) SCOPE.—In updating the minimum operating and 

6 maintenance standards under subsection (a)(2), the Sec7 retary shall ensure that all regulations, guidance, and in8 ternal documents are developed and applied in a manner 

9 consistent with this section. 

10 (c) REQUIREMENTS.—The updates to the operating 

11 and maintenance standards required under subsection 

12 (a)(2) shall, at a minimum, require operators— 

13 (1) to develop and maintain written safety in14 formation identifying hazards associated with— 

15 (A) the processes of liquefied natural gas 

16 conversion, storage, and transport; 

17 (B) equipment used in the processes; and 

18 (C) technology used in the processes; 

19 (2) to conduct a hazard assessment, including 

20 the identification of potential sources of accidental 

21 releases; 

22 (3)(A) to consult with employees and represent23 atives of employees on the development and conduct 

24 of hazard assessments under paragraph (2); and 
33 

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1 (B) to provide employees access to the records 

2 of the hazard assessments and any other records re3 quired under the updated standards; 

4 (4) to establish a system to respond to the find5 ings of a hazard assessment conducted under para6 graph (2) that addresses prevention, mitigation, and 

7 emergency responses; 

8 (5) to review, when a design change occurs, a 

9 hazard assessment conducted under paragraph (2) 

10 and the response system established under para11 graph (4); 

12 (6) to develop and implement written operating 

13 procedures for the processes of liquefied natural gas 

14 conversion, storage, and transport; 

15 (7)(A) to provide written safety and operating 

16 information to employees; and 

17 (B) to train employees in operating procedures 

18 with an emphasis on addressing hazards and using 

19 safe practices; 

20 (8) to ensure contractors and contract employ21 ees are provided appropriate information and train22 ing; 

23 (9) to train and educate employees and contrac24 tors in emergency response; 
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1 (10) to establish a quality assurance program 

2 to ensure that equipment, maintenance materials, 

3 and spare parts relating to the operations and main4 tenance of liquefied natural gas facilities are fab5 ricated and installed consistent with design specifica6 tions; 

7 (11) to establish maintenance systems for crit8 ical process-related equipment, including written 

9 procedures, employee training, appropriate inspec10 tions, and testing of that equipment to ensure ongo11 ing mechanical integrity; 

12 (12) to conduct pre-start-up safety reviews of 

13 all newly installed or modified equipment; 

14 (13) to establish and implement written proce15 dures to manage change to processes of liquefied 

16 natural gas conversion, storage, and transport, tech17 nology, equipment, and facilities; and 

18 (14)(A) to investigate each incident that results 

19 in, or could have resulted in— 

20 (i) loss of life; 

21 (ii) destruction of private property; or 

22 (iii) a major accident; and 

23 (B) to have operating personnel— 

24 (i) review any findings of an investigation 

25 under subparagraph (A); and 
35 

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1 (ii) if appropriate, take responsive meas2 ures. 

3 SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR LIQUE4 FIED NATURAL GAS SAFETY AND TRAINING. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CENTER.—The term ‘‘Center’’ means the 

7 National Center of Excellence for Liquefied Natural 

8 Gas Safety and Training established under sub9 section (b). 

10 (2) LNG.—The term ‘‘LNG’’ means liquefied 

11 natural gas. 

12 (3) LNG SECTOR STAKEHOLDER.—The term 

13 ‘‘LNG sector stakeholder’’ means a representative 

14 of— 

15 (A) LNG facilities that represent the broad 

16 array of LNG facilities operating in the United 

17 States; 

18 (B) States, Indian Tribes, and units of 

19 local government; 

20 (C) postsecondary education; 

21 (D) labor organizations; 

22 (E) safety organizations; or 

23 (F) Federal regulatory agencies of jurisdic24 tion, which may include— 

25 (i) the Administration; 
36 

†S 2299 ES

1 (ii) the Federal Energy Regulatory 

2 Commission; 

3 (iii) the Department of Energy; 

4 (iv) the Occupational Safety and 

5 Health Administration; 

6 (v) the Coast Guard; and 

7 (vi) the Maritime Administration. 

8 (b) ESTABLISHMENT.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary, in con10 sultation with LNG sector stakeholders, shall establish a 

11 center, to be known as the ‘‘National Center of Excellence 

12 for Liquefied Natural Gas Safety and Training’’. 

13 (c) FUNCTIONS.—The Center shall, for activities reg14 ulated under section 60103 of title 49, United States 

15 Code— 

16 (1) promote, facilitate, and conduct— 

17 (A) education; 

18 (B) training; and 

19 (C) technological advancements; 

20 (2) be a repository of information on best prac21 tices relating to, and expertise on, LNG operations; 

22 (3) foster collaboration among stakeholders; 

23 and 

24 (4) provide a curriculum for training that incor25 porates— 
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1 (A) risk-based principles into the oper2 ation, management, and regulatory oversight of 

3 LNG facilities; 

4 (B) the reliance on subject matter exper5 tise within the LNG industry; 

6 (C) the transfer of knowledge and exper7 tise between the LNG industry and regulatory 

8 agencies; and 

9 (D) training and workshops that occur at 

10 operational facilities. 

11 (d) LOCATION.— 

12 (1) IN GENERAL.—The Center shall be located 

13 in close proximity to critical LNG transportation in14 frastructure on, and connecting to, the Gulf of Mex15 ico, as determined by the Secretary. 

16 (2) CONSIDERATIONS.—In determining the lo17 cation of the Center, the Secretary shall— 

18 (A) take into account the strategic value of 

19 locating resources in close proximity to LNG fa20 cilities; and 

21 (B) locate the Center in the State with the 

22 largest LNG production capacity, as determined 

23 by the total capacity (in billion cubic feet per 

24 day) of LNG production authorized by the Fed25 eral Energy Regulatory Commission under sec-
38 

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1 tion 3 of the Natural Gas Act (15 U.S.C. 717b) 

2 as of the date of enactment of this Act. 

3 (e) COORDINATION WITH TQ TRAINING CENTER.— 

4 In carrying out the functions described in subsection (c), 

5 the Center shall coordinate with the Training and Quali6 fications Training Center of the Administration in Okla7 homa City, Oklahoma, to facilitate knowledge sharing 

8 among, and enhanced training opportunities for, Federal 

9 and State pipeline safety inspectors and investigators. 

10 (f) JOINT OPERATION WITH EDUCATIONAL INSTITU11 TION.—The Secretary may enter into an agreement with 

12 an appropriate official of an institution of higher edu13 cation— 

14 (1) to provide for joint operation of the Center; 

15 and 

16 (2) to provide necessary administrative services 

17 for the Center. 

18 SEC. 113. PRIORITIZATION OF RULEMAKING. 

19 (a) RULEMAKING.—Not later than 90 days after the 

20 date of enactment of this Act, the Secretary shall ensure 

21 completion of and publish in the Federal Register the out22 standing rulemaking entitled ‘‘Pipeline Safety: Safety of 

23 Gas Transmission and Gathering Pipelines’’, published in 

24 the Federal Register on April 8, 2016 (81 Fed. Reg. 
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1 20722; Docket No. PHMSA–2011–0023), as that rule2 making relates to the consideration of gathering pipelines. 

3 (b) STUDY.—Not later than 1 year after the date of 

4 enactment of this Act, the Comptroller General of the 

5 United States shall— 

6 (1) review the extent to which geospatial and 

7 technical data is collected by operators of gathering 

8 lines, including design and material specifications; 

9 (2) analyze information collected by operators 

10 of gathering lines when the mapping information de11 scribed in paragraph (1) is not available for a gath12 ering line; and 

13 (3) assess any plans and timelines of operators 

14 of gathering lines to develop the mapping informa15 tion described in paragraph (1) or otherwise collect 

16 information described in paragraph (2). 

17 (c) REPORT.—The Comptroller General of the United 

18 States shall submit to the Committee on Commerce, 

19 Science, and Transportation of the Senate and the Com20 mittees on Transportation and Infrastructure and Energy 

21 and Commerce of the House of Representatives a report 

22 on the review required under subsection (b), including any 

23 recommendations that the Comptroller General of the 

24 United States may have as a result of the review. 
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1 SEC. 114. LEAK DETECTION AND REPAIR. 

2 Section 60102 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(q) GAS PIPELINE LEAK DETECTION AND RE5 PAIR.— 

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

7 the date of enactment of this subsection, the Sec8 retary shall promulgate final regulations that require 

9 operators of regulated gathering lines (as defined 

10 pursuant to subsection (b) of section 60101 for pur11 poses of subsection (a)(21) of that section) in a 

12 Class 2 location, Class 3 location, or Class 4 loca13 tion, as determined under section 192.5 of title 49, 

14 Code of Federal Regulations, operators of new and 

15 existing gas transmission pipeline facilities, and op16 erators of new and existing gas distribution pipeline 

17 facilities to conduct leak detection and repair pro18 grams— 

19 ‘‘(A) to meet the need for gas pipeline 

20 safety, as determined by the Secretary; and 

21 ‘‘(B) to protect the environment. 

22 ‘‘(2) LEAK DETECTION AND REPAIR PRO23 GRAMS.— 

24 ‘‘(A) MINIMUM PERFORMANCE STAND25 ARDS.—The final regulations promulgated 

26 under paragraph (1) shall include, for the leak 
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1 detection and repair programs described in that 

2 paragraph, minimum performance standards 

3 that reflect the capabilities of commercially 

4 available advanced technologies that, with re5 spect to each pipeline covered by the programs, 

6 are appropriate for— 

7 ‘‘(i) the type of pipeline; 

8 ‘‘(ii) the location of the pipeline; 

9 ‘‘(iii) the material of which the pipe10 line is constructed; and 

11 ‘‘(iv) the materials transported by the 

12 pipeline. 

13 ‘‘(B) REQUIREMENT.—The leak detection 

14 and repair programs described in paragraph (1) 

15 shall be able to identify, locate, and categorize 

16 all leaks that— 

17 ‘‘(i) are hazardous to human safety or 

18 the environment; or 

19 ‘‘(ii) have the potential to become ex20 plosive or otherwise hazardous to human 

21 safety. 

22 ‘‘(3) ADVANCED LEAK DETECTION TECH23 NOLOGIES AND PRACTICES.— 

24 ‘‘(A) IN GENERAL.—The final regulations 

25 promulgated under paragraph (1) shall— 
42 

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1 ‘‘(i) require the use of advanced leak 

2 detection technologies and practices de3 scribed in subparagraph (B); 

4 ‘‘(ii) identify any scenarios where op5 erators may use leak detection practices 

6 that depend on human senses; and 

7 ‘‘(iii) include a schedule for repairing 

8 or replacing each leaking pipe, except a 

9 pipe with a leak so small that it poses no 

10 potential hazard, with appropriate dead11 lines. 

12 ‘‘(B) ADVANCED LEAK DETECTION TECH13 NOLOGIES AND PRACTICES DESCRIBED.—The 

14 advanced leak detection technologies and prac15 tices referred to in subparagraph (A)(i) in16 clude— 

17 ‘‘(i) for new and existing gas distribu18 tion pipeline facilities, technologies and 

19 practices to detect pipeline leaks— 

20 ‘‘(I)(aa) through continuous 

21 monitoring on or along the pipeline; 

22 and 

23 ‘‘(bb) in the case of an existing 

24 facility, that do not impose any design 

25 or installation requirements on exist-
43 

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1 ing facilities that would be inappli2 cable under section 60104(b); or 

3 ‘‘(II) through periodic surveys 

4 with handheld equipment, equipment 

5 mounted on mobile platforms, or other 

6 means using commercially available 

7 technology; 

8 ‘‘(ii) for new and existing gas trans9 mission pipeline facilities, technologies and 

10 practices to detect pipeline leaks through— 

11 ‘‘(I) equipment that— 

12 ‘‘(aa) is capable of contin13 uous monitoring; and 

14 ‘‘(bb) in the case of an exist15 ing facility, does not impose any 

16 design or installation require17 ments on existing facilities that 

18 would be inapplicable under sec19 tion 60104(b); or 

20 ‘‘(II) periodic surveys with 

21 handheld equipment, equipment 

22 mounted on mobile platforms, or other 

23 means using commercially available 

24 technology; and 
44 

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1 ‘‘(iii) for regulated gathering lines in 

2 Class 2 locations, Class 3 locations, or 

3 Class 4 locations, technologies and prac4 tices to detect pipeline leaks through— 

5 ‘‘(I) equipment that— 

6 ‘‘(aa) is capable of contin7 uous monitoring; and 

8 ‘‘(bb) in the case of an exist9 ing facility, does not impose any 

10 design or installation require11 ments on existing facilities that 

12 would be inapplicable under sec13 tion 60104(b); or 

14 ‘‘(II) periodic surveys with 

15 handheld equipment, equipment 

16 mounted on mobile platforms, or other 

17 means using commercially available 

18 technology. 

19 ‘‘(4) SAVINGS CLAUSES.— 

20 ‘‘(A) SURVEYS AND TIMELINES.—In pro21 mulgating regulations under this subsection, the 

22 Secretary— 

23 ‘‘(i) shall not reduce the frequency of 

24 surveys required under any other provision 

25 of this chapter or stipulated by regulation 
45 

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1 as of the date of enactment of this sub2 section; and 

3 ‘‘(ii) shall not extend the duration of 

4 any timelines for the repair or remediation 

5 of leaks that are stipulated by regulation 

6 as of the date of enactment of this sub7 section. 

8 ‘‘(B) APPLICATION.—The limitations in 

9 this paragraph do not restrict the Secretary’s 

10 ability to modify any regulations through pro11 ceedings separate from or subsequent to the 

12 final regulations required under paragraph (1). 

13 ‘‘(C) EXISTING AUTHORITY.—Nothing in 

14 this subsection shall alter the authority of the 

15 Secretary to regulate gathering lines as defined 

16 under section 60101.’’. 

17 SEC. 115. INSPECTION AND MAINTENANCE PLANS. 

18 (a) IN GENERAL.—Section 60108 of title 49, United 

19 States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, must meet the 

24 requirements of any regulations promul-
46 

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1 gated under section 60102(q),’’ after ‘‘the 

2 need for pipeline safety’’; 

3 (ii) in subparagraph (C), by striking 

4 ‘‘and’’ at the end; and 

5 (iii) by striking subparagraph (D) and 

6 inserting the following: 

7 ‘‘(D) the extent to which the plan will con8 tribute to— 

9 ‘‘(i) public safety; 

10 ‘‘(ii) eliminating hazardous leaks and 

11 minimizing releases of natural gas from 

12 pipeline facilities; and 

13 ‘‘(iii) the protection of the environ14 ment; and 

15 ‘‘(E) the extent to which the plan address16 es the replacement or remediation of pipelines 

17 that are known to leak based on the material 

18 (including cast iron, unprotected steel, wrought 

19 iron, and historic plastics with known issues), 

20 design, or past operating and maintenance his21 tory of the pipeline.’’; and 

22 (B) by striking paragraph (3) and insert23 ing the following: 

24 ‘‘(3) REVIEW OF PLANS.— 
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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this subpara3 graph, and not less frequently than once every 

4 5 years thereafter, the Secretary or relevant 

5 State authority with a certification in effect 

6 under section 60105 shall review each plan de7 scribed in this subsection. 

8 ‘‘(B) CONTEXT OF REVIEW.—The Sec9 retary may conduct a review under this para10 graph as an element of the inspection of the op11 erator carried out by the Secretary under sub12 section (b). 

13 ‘‘(C) INADEQUATE PROGRAMS.—If the Sec14 retary determines that a plan reviewed under 

15 this paragraph does not comply with the re16 quirements of this chapter (including any regu17 lations promulgated under this chapter), has 

18 not been adequately implemented, is inadequate 

19 for the safe operation of a pipeline facility, or 

20 is otherwise inadequate, the Secretary may con21 duct enforcement proceedings under this chap22 ter.’’; and 

23 (2) in subsection (b)(1)(B), by inserting ‘‘con24 struction material,’’ after ‘‘method of construction,’’. 
48 

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1 (b) DEADLINE.—Not later than 1 year after the date 

2 of enactment of this Act, each pipeline operator shall up3 date the inspection and maintenance plan prepared by the 

4 operator under section 60108(a) of title 49, United States 

5 Code, to address the elements described in the amend6 ments to that section made by subsection (a). 

7 (c) INSPECTION AND MAINTENANCE PLAN OVER8 SIGHT.— 

9 (1) STUDY.—The Comptroller General of the 

10 United States shall conduct a study to evaluate the 

11 procedures used by the Secretary and States in re12 viewing plans prepared by pipeline operators under 

13 section 60108(a) of title 49, United States Code, 

14 pursuant to subsection (b) in minimizing releases of 

15 natural gas from pipeline facilities. 

16 (2) REPORT OF THE COMPTROLLER GENERAL

17 OF THE UNITED STATES.—Not later than 1 year 

18 after the Secretary’s review of the operator plans 

19 prepared under section 60108(a) of title 49, United 

20 States Code, the Comptroller General of the United 

21 States shall submit to the Secretary, the Committee 

22 on Commerce, Science, and Transportation of the 

23 Senate, and the Committees on Transportation and 

24 Infrastructure and Energy and Commerce of the 

25 House of Representatives a report that— 
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1 (A) describes the results of the study con2 ducted under paragraph (1), including an eval3 uation of the procedures used by the Secretary 

4 and States in reviewing the effectiveness of the 

5 plans prepared by pipeline operators under sec6 tion 60108(a) of title 49, United States Code, 

7 pursuant to subsection (b) in minimizing re8 leases of natural gas from pipeline facilities; 

9 and 

10 (B) provides recommendations for how to 

11 further minimize releases of natural gas from 

12 pipeline facilities without compromising pipeline 

13 safety based on observations and information 

14 obtained through the study conducted under 

15 paragraph (1). 

16 (3) RESPONSE OF THE SECRETARY.—Not later 

17 than 90 days after the date on which the report 

18 under paragraph (2) is published, the Secretary 

19 shall submit to the Committee on Commerce, 

20 Science, and Transportation of the Senate and the 

21 Committees on Transportation and Infrastructure 

22 and Energy and Commerce of the House of Rep23 resentatives a report that includes— 

24 (A) a response to the results of the study 

25 conducted under paragraph (1) and the rec-
50 

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1 ommendations contained in the report sub2 mitted under paragraph (2); 

3 (B) a discussion of— 

4 (i) the best available technologies or 

5 practices to prevent or minimize, without 

6 compromising pipeline safety, the release 

7 of natural gas when making planned re8 pairs, replacements, or maintenance to a 

9 pipeline facility; 

10 (ii) the best available technologies or 

11 practices to prevent or minimize, without 

12 compromising pipeline safety, the release 

13 of natural gas when the operator inten14 tionally vents or releases natural gas; and 

15 (iii) pipeline facility designs that, 

16 without compromising pipeline safety, miti17 gate the need to intentionally vent natural 

18 gas; and 

19 (C) a timeline for updating pipeline safety 

20 regulations, as the Secretary determines to be 

21 appropriate, to address— 

22 (i) the recommendations of the Comp23 troller General of the United States in the 

24 report submitted under paragraph (2); and 
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1 (ii) the matters described in clauses 

2 (i) through (iii) of subparagraph (B) based 

3 on the discussion described in that sub4 paragraph. 

5 (4) RULEMAKING.— 

6 (A) IN GENERAL.—Not later than 180 

7 days after the date on which the Secretary sub8 mits the report under paragraph (3), the Sec9 retary shall update, in accordance with the 

10 timeline described in paragraph (3)(C), pipeline 

11 safety regulations that the Secretary has deter12 mined are necessary to protect the environment 

13 without compromising pipeline safety. 

14 (B) REPORT.—If the Secretary determines 

15 not to promulgate or update regulations to ad16 dress a recommendation of the Comptroller 

17 General of the United States made in the re18 port submitted under paragraph (2), the Sec19 retary shall submit to the Committee on Com20 merce, Science, and Transportation of the Sen21 ate and the Committees on Transportation and 

22 Infrastructure and Energy and Commerce of 

23 the House of Representatives a justification for 

24 that decision and any supporting documents or 

25 analysis used to make that decision. 
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1 SEC. 116. CONSIDERATION OF PIPELINE CLASS LOCATION 

2 CHANGES. 

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

4 date of enactment of this Act, the Administrator of the 

5 Pipeline and Hazardous Materials Safety Administration 

6 shall— 

7 (1) review all comments submitted in response 

8 to the advance notice of proposed rulemaking enti9 tled ‘‘Pipeline Safety: Class Location Change Re10 quirements’’ (83 Fed. Reg. 36861 (July 31, 2018)); 

11 (2) complete any other activities or procedures 

12 necessary— 

13 (A) to make a determination whether to 

14 publish a notice of proposed rulemaking; and 

15 (B) if a positive determination is made 

16 under subparagraph (A), to advance in the rule17 making process, including by taking any actions 

18 required under section 60115 of title 49, United 

19 State Code; and 

20 (3) consider the issues raised in the report to 

21 Congress entitled ‘‘Evaluation of Expanding Pipeline 

22 Integrity Management Beyond High-Consequence 

23 Areas and Whether Such Expansion Would Mitigate 

24 the Need for Gas Pipeline Class Location Require25 ments’’ prepared by the Pipeline and Hazardous 

26 Materials Safety Administration and submitted to 
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1 Congress on June 8, 2016, including the adequacy 

2 of existing integrity management programs. 

3 (b) APPLICATION.—Nothing in this section requires 

4 the Administrator of the Pipeline and Hazardous Mate5 rials Safety Administration to publish a notice of proposed 

6 rulemaking or otherwise continue the rulemaking process 

7 with respect to the advance notice of proposed rulemaking 

8 described in subsection (a)(1). 

9 (c) REPORTING.—For purposes of this section, the 

10 requirements of section 106 shall apply during the period 

11 beginning on the date that is 180 days after the date of 

12 enactment of this Act and ending on the date on which 

13 the requirements of subsection (a) are completed. 

14 SEC. 117. PROTECTION OF EMPLOYEES PROVIDING PIPE15 LINE SAFETY INFORMATION. 

16 Section 60129 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (a)(1), in the matter pre19 ceding subparagraph (A), by striking ‘‘employee 

20 with’’ and inserting ‘‘current or former employee 

21 with’’; 

22 (2) in subsection (b)(3), by adding at the end 

23 the following: 

24 ‘‘(D) DE NOVO REVIEW.— 
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1 ‘‘(i) IN GENERAL.—With respect to a 

2 complaint under paragraph (1), if the Sec3 retary of Labor has not issued a final deci4 sion by the date that is 210 days after the 

5 date on which the complaint was filed, and 

6 if the delay is not due to the bad faith of 

7 the employee who filed the complaint, that 

8 employee may bring an original action at 

9 law or equity for de novo review in the ap10 propriate district court of the United 

11 States, which shall have jurisdiction over 

12 such action without regard to the amount 

13 in controversy, and which action shall, at 

14 the request of either party to the action, be 

15 tried by the court with a jury. 

16 ‘‘(ii) BURDENS OF PROOF.—An origi17 nal action described in clause (i) shall be 

18 governed by the same legal burdens of 

19 proof specified in paragraph (2)(B) for re20 view by the Secretary of Labor.’’; and 

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

22 ‘‘(e) NONENFORCEABILITY OF CERTAIN PROVISIONS

23 WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBI24 TRATION OF DISPUTES.— 
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1 ‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The 

2 rights and remedies provided under this section may 

3 not be waived by any agreement, policy, form, or 

4 condition of employment, including by a predispute 

5 arbitration agreement. 

6 ‘‘(2) PREDISPUTE ARBITRATION AGREE7 MENTS.—No provision of a predispute arbitration 

8 agreement shall be valid or enforceable if the provi9 sion requires arbitration of a dispute arising under 

10 subsection (a)(1).’’. 

11 SEC. 118. TRANSPORTATION TECHNOLOGY CENTER. 

12 (a) RESEARCH AND DEVELOPMENT.—The Adminis13 trator may use the Transportation Technology Center in 

14 Pueblo, Colorado, for research and development relating 

15 to transportation safety improvements that will advance 

16 the safe and efficient transportation of hazardous mate17 rials and energy products. 

18 (b) AUTHORITY TO PLAN, DESIGN, ENGINEER, 

19 ERECT, ALTER, AND REPAIR BUILDINGS AND MAKE PUB20 LIC IMPROVEMENTS.—Only after submitting a report to 

21 the Committees on Appropriations and Commerce, 

22 Science, and Transportation of the Senate and the Com23 mittees on Appropriations, Transportation and Infrastruc24 ture, and Energy and Commerce of the House of Rep25 resentatives, and subject to the availability of funds appro-
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1 priated by Congress for the applicable purpose, the Sec2 retary may plan, design, engineer, erect, alter, and repair 

3 buildings and make other public improvements to carry 

4 out necessary research, safety, and training activities at 

5 the Transportation Technology Center in Pueblo, Colo6 rado. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, and annually thereafter, the Sec9 retary shall submit to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the Com11 mittees on Transportation and Infrastructure and Energy 

12 and Commerce of the House of Representatives a report 

13 on the use of, and future plans for, research and develop14 ment activities at the Transportation Technology Center 

15 in Pueblo, Colorado. 

16 SEC. 119. INTERSTATE DRUG AND ALCOHOL OVERSIGHT. 

17 (a) IN GENERAL.—Not later than 18 months after 

18 the date of enactment of this Act, the Secretary shall 

19 amend the auditing program for the drug and alcohol reg20 ulations in part 199 of title 49, Code of Federal Regula21 tions, to improve the efficiency and processes of those reg22 ulations as applied to— 

23 (1) operators; and 

24 (2) pipeline contractors working for multiple 

25 operators in multiple States. 
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1 (b) REQUIREMENT.—In carrying out subsection (a), 

2 the Secretary shall minimize duplicative audits of the 

3 same operators, and the contractors working for those op4 erators, by the Administration and multiple State agen5 cies. 

6 (c) LIMITATION.—Nothing in this section requires 

7 modification of the inspection or enforcement authority of 

8 any Federal agency or State. 

9 SEC. 120. SAVINGS CLAUSE. 

10 Nothing in this title or an amendment made by this 

11 title affects the authority of the Administrator of the Envi12 ronmental Protection Agency under the Clean Air Act (42 

13 U.S.C. 7401 et seq.), the authority of the Secretary of 

14 the Interior under the Mineral Leasing Act (30 U.S.C. 

15 181 et seq.), or the authority of any State to regulate the 

16 release of pollutants or hazardous substances to air, water, 

17 or land, including through the establishment and enforce18 ment of requirements relating to that release. 

19 TITLE II—LEONEL RONDON 

20 PIPELINE SAFETY ACT 

21 SEC. 201. SHORT TITLE. 

22 This title may be cited as the ‘‘Leonel Rondon Pipe23 line Safety Act’’. 
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1 SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. 

2 (a) IN GENERAL.—Section 60109(e) of title 49, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘(7) DISTRIBUTION INTEGRITY MANAGEMENT

6 PLANS.— 

7 ‘‘(A) EVALUATION OF RISK.—Not later 

8 than 2 years after the date of enactment of this 

9 paragraph, the Secretary shall promulgate regu10 lations to ensure that each distribution integrity 

11 management plan developed by an operator of 

12 a distribution system includes an evaluation 

13 of— 

14 ‘‘(i) the risks resulting from the pres15 ence of cast iron pipes and mains in the 

16 distribution system; and 

17 ‘‘(ii) the risks that could lead to or re18 sult from the operation of a low-pressure 

19 distribution system at a pressure that 

20 makes the operation of any connected and 

21 properly adjusted low-pressure gas burning 

22 equipment unsafe (as described in section 

23 192.623 of title 49, Code of Federal Regu24 lations (or a successor regulation)). 

25 ‘‘(B) CONSIDERATION.—In the evaluations 

26 required in a plan under subparagraph (A), the 
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1 regulations promulgated by the Secretary shall 

2 ensure that the distribution integrity manage3 ment plan evaluates for future potential threats 

4 in a manner that considers factors other than 

5 past observed abnormal operations (within the 

6 meaning of section 192.605 of title 49, Code of 

7 Federal Regulations (or a successor regula8 tion)), in ranking risks and identifying meas9 ures to mitigate those risks under that subpara10 graph, so that operators avoid using a risk rat11 ing of zero for low probability events unless oth12 erwise supported by engineering analysis or 

13 operational knowledge. 

14 ‘‘(C) DEADLINES.— 

15 ‘‘(i) IN GENERAL.—Not later than 2 

16 years after the date of enactment of this 

17 paragraph, each operator of a distribution 

18 system shall make available to the Sec19 retary or the relevant State authority with 

20 a certification in effect under section 

21 60105, as applicable, a copy of— 

22 ‘‘(I) the distribution integrity 

23 management plan of the operator; 

24 ‘‘(II) the emergency response 

25 plan under section 192.615 of title 49, 
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1 Code of Federal Regulations (or a 

2 successor regulation); and 

3 ‘‘(III) the procedural manual for 

4 operations, maintenance, and emer5 gencies under section 192.605 of title 

6 49, Code of Federal Regulations (or a 

7 successor regulation). 

8 ‘‘(ii) UPDATES.—Each operator of a 

9 distribution system shall make available to 

10 the Secretary or make available for inspec11 tion to the relevant State authority with a 

12 certification in effect under section 60105, 

13 if applicable, an updated plan or manual 

14 described in clause (i) by not later than 60 

15 days after the date of a significant update, 

16 as determined by the Secretary. 

17 ‘‘(iii) APPLICABILITY OF FOIA.—Noth18 ing in this subsection shall be construed to 

19 authorize the disclosure of any information 

20 that is exempt from disclosure under sec21 tion 552(b) of title 5, United States Code. 

22 ‘‘(D) REVIEW OF PLANS AND DOCU23 MENTS.— 

24 ‘‘(i) TIMING.— 
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1 ‘‘(I) IN GENERAL.—Not later 

2 than 2 years after the date of promul3 gation of the regulations under sub4 paragraph (A), and not less frequently 

5 than once every 5 years thereafter, 

6 the Secretary or relevant State au7 thority with a certification in effect 

8 under section 60105 shall review the 

9 distribution integrity management 

10 plan, the emergency response plan, 

11 and the procedural manual for oper12 ations, maintenance, and emergencies 

13 of each operator of a distribution sys14 tem and record the results of that re15 view for use in the next review of the 

16 program of that operator. 

17 ‘‘(II) GRACE PERIOD.—For the 

18 third, fourth, and fifth years after the 

19 date of promulgation of the regula20 tions under subparagraph (A), the 

21 Secretary— 

22 ‘‘(aa) shall not use subclause 

23 (I) as justification to reduce 

24 funding, decertify, or penalize in 

25 any way under section 60105, 
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1 60106, or 60107 a State author2 ity that has in effect a certifi3 cation under section 60105 or an 

4 agreement under section 60106; 

5 and 

6 ‘‘(bb) shall— 

7 ‘‘(AA) submit to the 

8 Committee on Commerce, 

9 Science, and Transportation 

10 of the Senate and the Com11 mittees on Transportation 

12 and Infrastructure and En13 ergy and Commerce of the 

14 House of Representatives a 

15 list of States found to be 

16 noncompliant with subclause 

17 (I) during the annual pro18 gram evaluation; and 

19 ‘‘(BB) provide a writ20 ten notice to each State au21 thority described in item 

22 (aa) that is not in compli23 ance with the requirements 

24 of subclause (I). 
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1 ‘‘(ii) REVIEW.—Each plan or proce2 dural manual made available under sub3 paragraph (C)(i) shall be reexamined— 

4 ‘‘(I) on significant change to the 

5 plans or procedural manual, as appli6 cable; 

7 ‘‘(II) on significant change to the 

8 gas distribution system of the oper9 ator, as applicable; and 

10 ‘‘(III) not less frequently than 

11 once every 5 years. 

12 ‘‘(iii) CONTEXT OF REVIEW.—The 

13 Secretary may conduct a review under 

14 clause (i) or (ii) as an element of the in15 spection of the operator carried out by the 

16 Secretary. 

17 ‘‘(iv) INADEQUATE PROGRAMS.—If the 

18 Secretary determines that the documents 

19 reviewed under clause (i) or (ii) do not 

20 comply with the requirements of this chap21 ter (including regulations to implement 

22 this chapter), have not been adequately im23 plemented, or are inadequate for the safe 

24 operation of a pipeline facility, the Sec-
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1 retary may conduct proceedings under this 

2 chapter.’’. 

3 (b) MONITORING.—Section 60105(e) of title 49, 

4 United States Code, is amended— 

5 (1) in the second sentence, by striking ‘‘A State 

6 authority’’ and inserting the following: 

7 ‘‘(2) COOPERATION.—A State authority with a 

8 certification in effect under this section’’; 

9 (2) by striking ‘‘The Secretary’’ and inserting 

10 the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

13 ‘‘(3) AUDIT PROGRAM.—Not later than 2 years 

14 after the date of enactment of this paragraph, the 

15 Secretary shall— 

16 ‘‘(A) revise the State audit protocols and 

17 procedures to update the annual State Program 

18 Evaluations carried out under this subsection 

19 and section 60106(d) to ensure that a State au20 thority with a certification in effect under this 

21 section has the capability to sufficiently review 

22 and evaluate the adequacy of the plans and 

23 manuals described in section 60109(e)(7)(C)(i); 
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1 ‘‘(B) update the State Inspection Calcula2 tion Tool to take into account factors includ3 ing— 

4 ‘‘(i) the number of miles of natural 

5 gas and hazardous liquid pipelines in the 

6 State, including the number of miles of 

7 cast iron and bare steel pipelines; 

8 ‘‘(ii) the number of services in the 

9 State; 

10 ‘‘(iii) the age of the gas distribution 

11 system in the State; and 

12 ‘‘(iv) environmental factors that could 

13 impact the integrity of the pipeline, includ14 ing relevant geological issues; and 

15 ‘‘(C) promulgate regulations to require 

16 that a State authority with a certification in ef17 fect under this section has a sufficient number 

18 of qualified inspectors to ensure safe operations, 

19 as determined by the State Inspection Calcula20 tion Tool and other factors determined to be 

21 appropriate by the Secretary.’’. 

22 SEC. 203. EMERGENCY RESPONSE PLANS. 

23 Section 60102 of title 49, United States Code (as 

24 amended by section 114), is amended by adding at the 

25 end the following: 
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1 ‘‘(r) EMERGENCY RESPONSE PLANS.—Not later than 

2 2 years after the date of enactment of this subsection, the 

3 Secretary shall update regulations to ensure that each 

4 emergency response plan developed by an operator of a 

5 distribution system under section 192.615 of title 49, 

6 Code of Federal Regulations (or a successor regulation), 

7 includes written procedures for— 

8 ‘‘(1) establishing communication with first re9 sponders and other relevant public officials, as soon 

10 as practicable, beginning from the time of confirmed 

11 discovery, as determined by the Secretary, by the op12 erator of a gas pipeline emergency involving a re13 lease of gas from a distribution system of that oper14 ator that results in— 

15 ‘‘(A) a fire related to an unintended re16 lease of gas; 

17 ‘‘(B) an explosion; 

18 ‘‘(C) 1 or more fatalities; or 

19 ‘‘(D) the unscheduled release of gas and 

20 shutdown of gas service to a significant number 

21 of customers, as determined by the Secretary; 

22 ‘‘(2) establishing general public communication 

23 through an appropriate channel— 
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1 ‘‘(A) as soon as practicable, as determined 

2 by the Secretary, after a gas pipeline emergency 

3 involving a release of gas that results in— 

4 ‘‘(i) a fire related to an unintended re5 lease of gas; 

6 ‘‘(ii) an explosion; 

7 ‘‘(iii) 1 or more fatalities; or 

8 ‘‘(iv) the unscheduled shutdown of gas 

9 service to a significant number of cus10 tomers, as determined by the Secretary; 

11 and 

12 ‘‘(B) that provides information regard13 ing— 

14 ‘‘(i) the emergency described in sub15 paragraph (A); and 

16 ‘‘(ii) the status of public safety; and 

17 ‘‘(3) the development and implementation of a 

18 voluntary, opt-in system that would allow operators 

19 of distribution systems to rapidly communicate with 

20 customers in the event of an emergency.’’. 

21 SEC. 204. OPERATIONS AND MAINTENANCE MANUALS. 

22 Section 60102 of title 49, United States Code (as 

23 amended by section 203), is amended by adding at the 

24 end the following: 
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1 ‘‘(s) OPERATIONS AND MAINTENANCE MANUALS.— 

2 Not later than 2 years after the date of enactment of this 

3 subsection, the Secretary shall update regulations to en4 sure that each procedural manual for operations, mainte5 nance, and emergencies developed by an operator of a dis6 tribution pipeline under section 192.605 of title 49, Code 

7 of Federal Regulations (or a successor regulation), in8 cludes written procedures for— 

9 ‘‘(1) responding to overpressurization indica10 tions, including specific actions and an order of op11 erations for immediately reducing pressure in or 

12 shutting down portions of the gas distribution sys13 tem, if necessary; and 

14 ‘‘(2) a detailed procedure for the management 

15 of the change process, which shall— 

16 ‘‘(A) be applied to significant technology, 

17 equipment, procedural, and organizational 

18 changes to the distribution system; and 

19 ‘‘(B) ensure that relevant qualified per20 sonnel, such as an engineer with a professional 

21 engineer licensure, subject matter expert, or 

22 other employee who possesses the necessary 

23 knowledge, experience, and skills regarding nat24 ural gas distribution systems, review and certify 
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1 construction plans for accuracy, completeness, 

2 and correctness.’’. 

3 SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS. 

4 (a) IN GENERAL.—Not later than 3 years after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committees on Transpor8 tation and Infrastructure and Energy and Commerce of 

9 the House of Representatives a report describing— 

10 (1) the number of operators of natural gas dis11 tribution systems who have implemented a pipeline 

12 safety management system in accordance with the 

13 standard established by the American Petroleum In14 stitute entitled ‘‘Pipeline Safety Management Sys15 tem Requirements’’ and numbered American Petro16 leum Institute Recommended Practice 1173; 

17 (2) the progress made by operators of natural 

18 gas distribution systems who have implemented, or 

19 are in the process of implementing, a pipeline safety 

20 management system described in paragraph (1); and 

21 (3) the feasibility of an operator of a natural 

22 gas distribution system implementing a pipeline 

23 safety management system described in paragraph 

24 (1) based on the size of the operator as measured 

25 by— 
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1 (A) the number of customers the operator 

2 has; and 

3 (B) the amount of natural gas the operator 

4 transports. 

5 (b) REQUIREMENTS.—As part of the report required 

6 under subsection (a), the Secretary shall provide guidance 

7 or recommendations that would further the adoption of 

8 safety management systems in accordance with the stand9 ard established by the American Petroleum Institute enti10 tled ‘‘Pipeline Safety Management System Requirements’’ 

11 and numbered American Petroleum Institute Rec12 ommended Practice 1173. 

13 (c) EVALUATION AND PROMOTION OF SAFETY MAN14 AGEMENT SYSTEMS.—The Secretary and the relevant 

15 State authority with a certification in effect under section 

16 60105 of title 49, United States Code, as applicable, 

17 shall— 

18 (1) promote and assess pipeline safety manage19 ment systems frameworks developed by operators of 

20 natural gas distribution systems and described in 

21 the report under subsection (a), including— 

22 (A) if necessary, using independent third23 party evaluators; and 

24 (B) through a system that promotes self25 disclosure of— 
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1 (i) errors; and 

2 (ii) deviations from regulatory stand3 ards; and 

4 (2) if a deviation from a regulatory standard is 

5 identified during the development and application of 

6 a pipeline safety management system, certify that— 

7 (A) due consideration will be given to fac8 tors such as flawed procedures, honest mis9 takes, or lack of understanding; and 

10 (B) the operators and regulators use the 

11 most appropriate tools to fix the deviation, re12 turn to compliance, and prevent the recurrence 

13 of the deviation, including— 

14 (i) root cause analysis; and 

15 (ii) training, education, or other ap16 propriate improvements to procedures or 

17 training programs. 

18 SEC. 206. PIPELINE SAFETY PRACTICES. 

19 Section 60102 of title 49, United States Code (as 

20 amended by section 204), is amended by adding at the 

21 end the following: 

22 ‘‘(t) OTHER PIPELINE SAFETY PRACTICES.— 

23 ‘‘(1) RECORDS.—Not later than 2 years after 

24 the date of enactment of this subsection, the Sec-
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1 retary shall promulgate regulations to require an op2 erator of a distribution system— 

3 ‘‘(A) to identify and manage traceable, re4 liable, and complete records, including maps 

5 and other drawings, critical to ensuring proper 

6 pressure controls for a gas distribution system, 

7 and updating these records as needed, while col8 lecting and identifying other records necessary 

9 for risk analysis on an opportunistic basis; and 

10 ‘‘(B) to ensure that the records required 

11 under subparagraph (A) are— 

12 ‘‘(i) accessible to all personnel respon13 sible for performing or overseeing relevant 

14 construction or engineering work; and 

15 ‘‘(ii) submitted to, or made available 

16 for inspection by, the Secretary or the rel17 evant State authority with a certification 

18 in effect under section 60105. 

19 ‘‘(2) PRESENCE OF QUALIFIED EMPLOYEES.— 

20 ‘‘(A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of this sub22 section, the Secretary shall promulgate regula23 tions to require that not less than 1 agent of 

24 an operator of a distribution system who is 

25 qualified to perform relevant covered tasks (as 
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1 defined in section 192.801(b) of title 49, Code 

2 of Federal Regulations (or a successor regula3 tion)) shall monitor gas pressure at the district 

4 regulator station or at an alternative site with 

5 equipment capable of ensuring proper pressure 

6 controls and have the capability to promptly 

7 shut down the flow of gas or control over pres8 surization at a district regulator station during 

9 any construction project that has the potential 

10 to cause a hazardous overpressurization at that 

11 station, including tie-ins and abandonment of 

12 distribution lines and mains, based on an eval13 uation, conducted by the operator, of threats 

14 that could result in unsafe operation. 

15 ‘‘(B) EXCLUSION.—In promulgating regu16 lations under subparagraph (A), the Secretary 

17 shall ensure that those regulations do not apply 

18 to a district regulating station that has a moni19 toring system and the capability for remote or 

20 automatic shutoff. 

21 ‘‘(3) DISTRICT REGULATOR STATIONS.— 

22 ‘‘(A) IN GENERAL.—Not later than 1 year 

23 after the date of enactment of this subsection, 

24 the Secretary shall promulgate regulations to 

25 require that each operator of a distribution sys-
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1 tem assesses and upgrades, as appropriate, 

2 each district regulator station of the operator to 

3 ensure that— 

4 ‘‘(i) the risk of the gas pressure in the 

5 distribution system exceeding, by a com6 mon mode of failure, the maximum allow7 able operating pressure (as described in 

8 section 192.623 of title 49, Code of Fed9 eral Regulations (or a successor regula10 tion)) allowed under Federal law (including 

11 regulations) is minimized; 

12 ‘‘(ii) the gas pressure of a low-pres13 sure distribution system is monitored, par14 ticularly at or near the location of critical 

15 pressure-control equipment; 

16 ‘‘(iii) the regulator station has sec17 ondary or backup pressure-relieving or 

18 overpressure-protection safety technology, 

19 such as a relief valve or automatic shutoff 

20 valve, or other pressure-limiting devices ap21 propriate for the configuration and siting 

22 of the station and, in the case of a regu23 lator station that employs the primary and 

24 monitor regulator design, the operator 

25 shall eliminate the common mode of failure 
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1 or provide backup protection capable of ei2 ther shutting the flow of gas, relieving gas 

3 to the atmosphere to fully protect the dis4 tribution system from overpressurization 

5 events, or there must be technology in 

6 place to eliminate a common mode of fail7 ure; and 

8 ‘‘(iv) if the Secretary determines that 

9 it is not operationally possible for an oper10 ator to implement the requirements under 

11 clause (iii), the Secretary shall require 

12 such operator to identify actions in their 

13 plan that minimize the risk of an over14 pressurization 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 

tation, and for other purposes. the safety and reliability of pipeline transpor-