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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4248 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4248

  To enhance pipeline safety and oil spill preparedness and response, 
     particularly in the Great Lakes Basin, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 17), 2022

  Mr. Peters introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To enhance pipeline safety and oil spill preparedness and response, 
     particularly in the Great Lakes Basin, 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.

    This Act may be cited as the ``Preventing Releases Of Toxic 
Environmental Contaminants Threatening Our Great Lakes Act'' or the 
``PROTECT Our Great Lakes Act''.

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) Best available technology.--The term ``best available 
        technology'', with respect to a pipeline, means commercially 
        available technology that, in the determination of the 
        Administrator, provides the greatest degree of protection with 
        respect to limiting the quantity of release in the event of a 
        leak or spill, taking into consideration whether the 
        technology--
                    (A) is currently in use by pipeline operators; and
                    (B) can be readily purchased for use in the United 
                States.
            (4) Center.--The term ``Center'' means the Center of 
        Expertise for Great Lakes Oil Spill Preparedness and Response 
        established under section 807(a) of the Frank LoBiondo Coast 
        Guard Authorization Act of 2018 (Public Law 115-282; 14 U.S.C. 
        313 note).
            (5) High consequence area.--The term ``high consequence 
        area'' has the meaning given the term in section 195.450 of 
        title 49, Code of Federal Regulations (or a successor 
        regulation).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (7) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.

SEC. 3. ADJUSTMENT OF PHMSA EMPLOYEE PAY RATES.

    (a) Establishment of Pay Rates.--Subject to section 5373 of title 
5, United States Code, and notwithstanding any other provision of law, 
to ensure that the Administration is able to competitively attract and 
retain employees, including employees with the greatest talent with 
respect to the inspection of pipelines, the Secretary may establish, in 
accordance with this section, higher minimum rates of basic pay for the 
employees of the Administration described in subsection (b).
    (b) Employees Described.--The employees of the Administration 
referred to in subsection (a) are, as the Secretary determines to be 
appropriate, 1 or more of the following:
            (1) Employees in a job series the duties of which are 
        comparable, in the determination of the Secretary, to the 
        duties of a job series described in section 121(c) of title I 
        of division E of the Consolidated Appropriations Act, 2012 
        (Public Law 112-74; 125 Stat. 1012).
            (2) Employees that are GS-0801 series General Engineers.
            (3) Employees in a job series the duties of which involve--
                    (A) the inspection of pipelines; or
                    (B) the enforcement of laws (including regulations) 
                relating to pipelines.
    (c) Requirement.--A rate of basic pay established under subsection 
(a) shall be--
            (1) with respect to employees in a job series described in 
        subsection (b)(1), equal to the rate of basic pay established 
        by the Secretary of the Interior under section 121(c) of title 
        I of division E of the Consolidated Appropriations Act, 2012 
        (Public Law 112-74; 125 Stat. 1012), for the employees of the 
        Department of the Interior in the applicable job series 
        described in that subsection; and
            (2) with respect to employees in a job series described in 
        paragraph (2) or (3) of subsection (b)--
                    (A) commensurate with the rate of basic pay 
                established by the Secretary of the Interior under 
                section 121(c) of title I of division E of the 
                Consolidated Appropriations Act, 2012 (Public Law 112-
                74; 125 Stat. 1012), for the job series that, in the 
                determination of the Secretary, is most comparable to 
                the applicable job series described in paragraph (2) or 
                (3) of that subsection;
                    (B) not more than 30 percent above the minimum rate 
                of basic pay normally scheduled for the applicable 
                employee; and
                    (C) consistent with subsections (e) through (j) of 
                section 5305 of title 5, United States Code.
    (d) Timing of Adjustment.--
            (1) In general.--Notwithstanding any other provision of 
        law, if the Secretary of the Interior establishes a new minimum 
        rate of basic pay under section 121(c) of title I of division E 
        of the Consolidated Appropriations Act, 2012 (Public Law 112-
        74; 125 Stat. 1012), after the date of enactment of this Act, 
        the Secretary, beginning on the date on which the Secretary of 
        the Interior establishes that new minimum rate of basic pay, 
        may establish--
                    (A) a new minimum rate of basic pay under 
                subsection (a) for applicable employees of the 
                Administration; and
                    (B) an effective date for that new minimum rate of 
                basic pay, subject to the condition that the effective 
                date is not earlier than the effective date for the new 
                minimum rate of basic pay established by the Secretary 
                of the Interior.
            (2) Initial establishment.--Not later than 45 days after 
        the date of enactment of this Act, the Secretary shall--
                    (A) determine whether the Secretary of the Interior 
                has established a higher minimum rate of basic pay 
                under section 121(c) of title I of division E of the 
                Consolidated Appropriations Act, 2012 (Public Law 112-
                74; 125 Stat. 1012); and
                    (B) if applicable, establish--
                            (i) a minimum rate of basic pay under 
                        subsection (a) for applicable employees of the 
                        Administration that is based on the most recent 
                        minimum rate of basic pay established by the 
                        Secretary of the Interior for the applicable 
                        job series under that section; and
                            (ii) an effective date for that minimum 
                        rate of basic pay, subject to the condition 
                        that the effective date is not earlier than the 
                        date on which the Secretary establishes that 
                        minimum rate of basic pay under clause (i).
    (e) Prior Approval Not Required.--Notwithstanding any other 
provision of law, the Secretary shall not be required to seek or 
receive approval from the Director of the Office of Management and 
Budget or the Director of the Office of Personnel Management to 
establish a new minimum rate of basic pay under this section.
    (f) Clarification.--The authority to establish a higher minimum 
rate of basic pay under this section is in addition to the authority 
provided by section 102(c) of the PIPES Act of 2020 (49 U.S.C. 60101 
note; Public Law 116-260).
    (g) Conforming Amendment.--Section 102(c) of the PIPES Act of 2020 
(49 U.S.C. 60101 note; Public Law 116-260) is amended by adding at the 
end the following:
            ``(4) Requirement.--The rate of pay for an employee of the 
        Administration described in any of paragraphs (1) through (3) 
        of subsection (b) of section 3 of the PROTECT Our Great Lakes 
        Act shall be the highest of--
                    ``(A) any applicable special pay rate established 
                under paragraph (1);
                    ``(B) any applicable minimum rate of basic pay 
                established under subsection (a) of that section; and
                    ``(C) the rate of pay otherwise applicable to the 
                employee.''.

SEC. 4. OIL SPILL RESPONSE PLANS.

    (a) Purposes.--The purposes of this section are--
            (1) to strengthen the preparedness of owners and operators 
        of onshore oil pipeline facilities for releases of oil from 
        pipelines; and
            (2) to ensure that oil spill response plans submitted to 
        the Administrator under part 194 of title 49, Code of Federal 
        Regulations (or successor regulations), adequately anticipate 
        and ensure an adequate response to spills of diluted bitumen.
    (b) Definitions.--In this section, the terms ``On-Scene 
Coordinator'', ``operator'', and ``response plan'' have the meanings 
given those terms in section 194.5 of title 49, Code of Federal 
Regulations (as in effect on the date of enactment of this Act).
    (c) Rulemaking.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, acting through the Administrator, shall 
revise part 194 of title 49, Code of Federal Regulations--
            (1) to require response plans--
                    (A) to identify, using industry-standard names, 
                such as Cold Lake Blend, all of the crude oils 
                transported by the operator, including diluted bitumen;
                    (B) to include safety data sheets for each of the 
                crude oils identified in the response plan;
                    (C) to adequately describe the geographic areas 
                most sensitive to the effects of a diluted bitumen 
                spill, including the water bodies potentially at risk;
                    (D) to describe in sufficient detail the response 
                activities planned and resources available to mitigate 
                the impacts of spills of diluted bitumen, if 
                applicable, including the capabilities of the operator 
                for detection, containment, and recovery of submerged 
                and sunken oil; and
                    (E) to specify the procedures by which the operator 
                will--
                            (i) not later than 6 hours after a spill 
                        has been detected, provide to the applicable 
                        On-Scene Coordinator or an equivalent State 
                        official information identifying the source and 
                        industry-standard name of any spilled diluted 
                        bitumen; and
                            (ii) not later than 24 hours after the 
                        spill, or whenever the operator and the 
                        applicable On-Scene Coordinator agree it is 
                        safe to do so, provide to the On-Scene 
                        Coordinator or an equivalent State official, on 
                        request--
                                    (I) a 1-liter sample drawn from the 
                                batch of oil spilled; and
                                    (II) specific compositional 
                                information on the diluent;
            (2) to require response plans and the safety data sheets 
        associated with response plans to include spill-relevant 
        properties and considerations with respect to each crude oil 
        transported by the operator and identified in the response plan 
        in accordance with paragraph (1)(A);
            (3) to require the Administrator--
                    (A) to consult with the Administrator of the 
                Environmental Protection Agency or the Commandant of 
                the Coast Guard, or both, as applicable, with respect 
                to whether response plans submitted to the 
                Administrator under that part meet the requirements in 
                order to respond to spills of diluted bitumen; and
                    (B) to conduct reviews of response plans for 
                pipelines carrying diluted bitumen to ensure the 
                response plans comply with requirements under that part 
                prior to approval; and
            (4) to require operators to provide to the Administrator, 
        and make publicly available on the website of the operator, 
        annual reports that describe--
                    (A) the volumes of diluted bitumen, light, medium, 
                and heavy crude oils, and any other crude oils carried 
                by each pipeline of the operator; and
                    (B) the pipeline sections transporting the diluted 
                bitumen and other crude oils described in subparagraph 
                (A).

SEC. 5. BEST AVAILABLE TECHNOLOGY FOR MONITORING AND SHUTTING OFF 
              CERTAIN PIPELINES.

    (a) Rulemaking.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, acting through the 
        Administrator, shall promulgate regulations requiring each 
        operator of a pipeline located in a high consequence area to 
        implement, subject to subsection (d), the best available 
        technology for--
                    (A) real-time monitoring of the pipeline through 
                pressure monitoring at shutoff valves, product flow 
                monitoring, or product wave flow monitoring;
                    (B) shutting off the pipeline; and
                    (C) isolating product flow through the installation 
                of shutoff valves, including (subject to section 
                60104(b) of title 49, United States Code, if 
                applicable) on existing pipelines, if determined to be 
                appropriate by the Administrator, for purposes of--
                            (i) implementing the best available 
                        technology for the activities described in 
                        subparagraphs (A) and (B); and
                            (ii) isolating any release in the event of 
                        a leak or spill.
            (2) Rulemaking process.--Notwithstanding any other 
        provision of law, the requirements of paragraphs (2)(D), 
        (2)(E), (3)(B), and (5) of section 60102(b) of title 49, United 
        States Code, shall not apply to the rulemaking required under 
        paragraph (1) or any proceeding to revise the regulations 
        promulgated under that paragraph.
    (b) Best Available Technology.--
            (1) In general.--Subject to paragraphs (2) and (3), unless 
        the Administrator makes a determination that another technology 
        provides a greater degree of protection with respect to 
        limiting the quantity of release in the event of a leak or 
        spill, the best available technology for a pipeline described 
        in subsection (a)(1) shall include--
                    (A) 1 or more leak detection technologies, such as 
                through pressure monitoring at shutoff valves, product 
                flow monitoring, product detection, or product flow 
                wave monitoring;
                    (B) 1 or more automatic shutoff systems with 
                pressure monitoring at the shutoff systems that 
                communicate to, as applicable--
                            (i) the appropriate control room (as 
                        defined in section 192.3 of title 49, Code of 
                        Federal Regulations (or a successor 
                        regulation)); or
                            (ii) the appropriate control room (as 
                        defined in section 195.2 of that title (or a 
                        successor regulation));
                    (C) remote-controlled sectionalized block valves 
                with pressure monitoring at shutoff valves; or
                    (D) a combination of technologies described in 
                subparagraphs (A) through (C).
            (2) Alternative protections.--In areas where it is not 
        technically feasible to implement the technologies descried in 
        paragraph (1) due to lack of power or communications 
        capabilities for installing the necessary control equipment, 
        the Administrator may establish alternative methods of 
        protection with respect to limiting the quantity of release in 
        the event of a leak or spill that shall be deemed to be the 
        best available technology in that area for purposes of 
        subsection (a)(1).
            (3) Applicability.--
                    (A) In general.--Subject to subparagraph (B) and 
                subsection (d), the Administrator shall establish 
                requirements relating to the diameter, flow volume, and 
                operating pressure at which the operator of a pipeline 
                located in a high consequence area shall be required to 
                implement a particular technology or combination of 
                technologies described in paragraph (1) or an 
                alternative protection established under paragraph (2) 
                with respect to the pipeline.
                    (B) Requirement.--In establishing requirements 
                relating to diameter, flow volume, and operating 
                pressure under subparagraph (A), the Administrator 
                shall ensure that each operator described in subsection 
                (a)(1) is required to implement at least 1 technology 
                described in paragraph (1) or 1 alternative protection 
                established under paragraph (2) with respect to each 
                pipeline of the operator that is located in a high 
                consequence area.
            (4) Risk analysis.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, and not less frequently 
                than once every 5 years thereafter, each operator of a 
                pipeline described in subsection (a)(1) shall submit to 
                the Administrator a risk analysis with respect to the 
                pipeline.
                    (B) Requirement.--A risk analysis submitted under 
                subparagraph (A) shall include a description of the 
                technology that, in the assessment of the operator and 
                in light of the risks identified in that risk analysis, 
                is the best available technology for--
                            (i) monitoring and shutting off the 
                        applicable pipeline; and
                            (ii) isolating any release in the event of 
                        a leak or spill.
                    (C) Determination of best available technology.--In 
                making a determination of the best available technology 
                for monitoring and shutting off each pipeline described 
                in subsection (a)(1), the Administrator shall consider 
                the risk analysis submitted by the operator of the 
                pipeline under this paragraph.
    (c) Requirement.--The Administrator shall establish a process for 
determining whether an operator described in subsection (a)(1) has 
complied with the regulations promulgated under that subsection, 
including a process for determining whether the technology used by the 
operator is the best available technology for--
            (1) monitoring each applicable pipeline of the operator;
            (2) shutting off each applicable pipeline of the operator; 
        and
            (3) isolating any releases from each applicable pipeline of 
        the operator in the event of a leak or spill.
    (d) Exemptions.--
            (1) Compliance deadlines.--The Administrator may grant to 
        an operator described in subsection (a)(1) an exemption from a 
        compliance deadline established under this section if the 
        operator--
                    (A) submits to the Administrator a request for an 
                exemption from the deadline; and
                    (B) demonstrates to the satisfaction of the 
                Administrator that more time is needed to comply with 
                the requirement to which the deadline relates.
            (2) Monitoring requirements.--
                    (A) In general.--The Administrator may grant to an 
                operator described in subsection (a)(1) an exemption 
                from a monitoring requirement established under this 
                section if the operator--
                            (i) submits to the Administrator a request 
                        for an exemption from the monitoring 
                        requirement; and
                            (ii) demonstrates to the satisfaction of 
                        the Administrator that complying with the 
                        monitoring requirement or installing the best 
                        available technology for the applicable 
                        monitoring is not economically, technically, or 
                        operationally feasible.
                    (B) Alternative compliance.--The Administrator 
                shall require an operator receiving a waiver under 
                subparagraph (A) to implement an alternative method of 
                protection determined to be appropriate by the 
                Administrator with respect to limiting the quantity of 
                release in the event of a leak or spill.
                    (C) Application.--A waiver under subparagraph (A) 
                shall not apply to any applicable requirement to 
                implement the best available technology for--
                            (i) shutting off a pipeline once the 
                        operator is aware of a leak or spill; or
                            (ii) isolating any release from a leak or 
                        spill of which the operator is aware.

SEC. 6. ACCEPTANCE OF GIFTS AND BEQUESTS BY THE UNDER SECRETARY OF 
              COMMERCE FOR OCEANS AND ATMOSPHERE.

    (a) Authority.--The Under Secretary may accept, hold, administer, 
and utilize gifts and bequests of property, both real and personal, for 
the purposes of aiding or facilitating the work of the National Oceanic 
and Atmospheric Administration or the Center, including by carrying out 
research related to the Center and the impacts of oil spills in 
freshwater environments such as the Great Lakes Basin.
    (b) Separate Fund; Disbursements.--Gifts and bequests of money 
described in subsection (a) and the proceeds from sales of other 
property received as gifts or bequests under that subsection shall be--
            (1) deposited in the Treasury in a separate fund; and
            (2) available to the Under Secretary for the purposes 
        described in subsection (a) without further appropriation.
    (c) Scientific Excellence and Scientific Integrity.--In carrying 
out any activity using a gift or bequest described in subsection (a) or 
the proceeds of a sale of property received as a gift or bequest under 
that subsection, the Under Secretary shall--
            (1) ensure a continuing culture of scientific excellence 
        and scientific integrity intended to strengthen confidence in 
        the quality, validity, and reliability of science administered 
        by the National Oceanic and Atmospheric Administration; and
            (2) abide by the scientific integrity policy of the 
        National Oceanic and Atmospheric Administration.
    (d) Coordination.--The Under Secretary and the Commandant of the 
Coast Guard shall coordinate activities described in subsection (c)--
            (1) to optimize data collection, sharing, and integration; 
        and
            (2) to minimize duplication.
    (e) Clarification.--Nothing in this section affects the application 
of United States copyright law.
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