2507 
to comply with the relief, awarded in a final determination 
of the Copyright Claims Board, including a default deter-
mination or a determination based on a failure to pros-
ecute, the aggrieved party may, not later than 1 year after 
the date on which the final determination is issued, any 
reconsideration by the Copyright Claims Board or review 
by the Register of Copyrights is resolved, or an amended 
final determination is issued, whichever occurs last, apply 
to the United States District Court for the District of Co-
lumbia or any other appropriate district court of the 
United States for an order confirming the relief awarded 
in the final determination and reducing such award to 
judgment. The court shall grant such order and direct entry 
of judgment unless the determination is or has been vacated, 
modified, or corrected under subsection (c). If the United 
States District Court for the District of Columbia or other 
district court of the United States, as the case may be, issues 
an order confirming the relief awarded by the Copyright 
Claims Board, the court shall impose on the party who 
failed to pay damages or otherwise comply with the relief, 
the reasonable expenses required to secure such order, in-
cluding attorneys’ fees, that were incurred by the aggrieved 
party. 
‘‘(b) FILING PROCEDURES.— 
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‘‘(1) APPLICATION
TO
CONFIRM
DETERMINA-
TION.—Notice of the application under subsection (a) 
for confirmation of a determination of the Copyright 
Claims Board and entry of judgment shall be pro-
vided to all parties to the proceeding before the Copy-
right Claims Board that resulted in the determina-
tion, in accordance with the procedures applicable to 
service of a motion in the district court of the United 
States where the application is made. 
‘‘(2) CONTENTS OF APPLICATION.—The applica-
tion under subsection (a) shall include the following: 
‘‘(A) A certified copy of the final or amend-
ed final determination of the Copyright Claims 
Board, as reflected in the records of the Copy-
right Claims Board, following any process of re-
consideration or review by the Register of Copy-
rights, to be confirmed and rendered to judg-
ment. 
‘‘(B) A declaration by the applicant, under 
penalty of perjury— 
‘‘(i) that the copy is a true and correct 
copy of such determination; 
‘‘(ii) stating the date the determination 
was issued; 
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‘‘(iii) stating the basis for the challenge 
under subsection (c)(1); and 
‘‘(iv) stating whether the applicant is 
aware of any other proceedings before the 
court concerning the same determination of 
the Copyright Claims Board. 
‘‘(c) CHALLENGES TO THE DETERMINATION.— 
‘‘(1) BASES FOR CHALLENGE.—Not later than 90 
days after the date on which the Copyright Claims 
Board issues a final or amended final determination 
in a proceeding, or not later than 90 days after the 
date on which the Register of Copyrights completes 
any process of reconsideration or review of the deter-
mination, whichever occurs later, a party may seek 
an order from a district court of the United States 
vacating, modifying, or correcting the determination 
of the Copyright Claims Board in the following cases: 
‘‘(A) If the determination was issued as a 
result of fraud, corruption, misrepresentation, or 
other misconduct. 
‘‘(B) If the Copyright Claims Board exceed-
ed its authority or failed to render a final deter-
mination concerning the subject matter at issue. 
‘‘(C) In the case of a default determination 
or determination based on a failure to prosecute, 
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if it is established that the default or failure was 
due to excusable neglect. 
‘‘(2) PROCEDURE TO CHALLENGE.— 
‘‘(A) NOTICE OF APPLICATION.—Notice of 
the application to challenge a determination of 
the Copyright Claims Board shall be provided to 
all parties to the proceeding before the Copyright 
Claims Board, in accordance with the procedures 
applicable to service of a motion in the court 
where the application is made. 
‘‘(B) STAYING OF PROCEEDINGS.—For pur-
poses of an application under this subsection, 
any judge who is authorized to issue an order to 
stay the proceedings in another action brought in 
the same court may issue an order, to be served 
with the notice of application, staying pro-
ceedings to enforce the award while the challenge 
is pending. 
‘‘§ 1509. Relationship to other district court actions 
‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—Sub-
ject to section 1507(b), a district court of the United States 
shall issue a stay of proceedings or such other relief as the 
court determines appropriate with respect to any claim 
brought before the court that is already the subject of a 
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pending or active proceeding before the Copyright Claims 
Board. 
‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROCESS.— 
A proceeding before the Copyright Claims Board under this 
chapter shall qualify as an alternative dispute resolution 
process under section 651 of title 28 for purposes of referral 
of eligible cases by district courts of the United States upon 
the consent of the parties. 
‘‘§ 1510. Implementation by Copyright Office 
‘‘(a) REGULATIONS.— 
‘‘(1) IMPLEMENTATION
GENERALLY.—The Reg-
ister of Copyrights shall establish regulations to carry 
out this chapter. Such regulations shall include the 
fees prescribed under subsections (e) and (x) of section 
1506. The authority to issue such fees shall not limit 
the authority of the Register of Copyrights to establish 
fees for services under section 708. All fees received by 
the Copyright Office in connection with the activities 
under this chapter shall be deposited by the Register 
of Copyrights and credited to the appropriations for 
necessary expenses of the Office in accordance with 
section 708(d). In establishing regulations under this 
subsection, the Register of Copyrights shall provide for 
the efficient administration of the Copyright Claims 
Board, and for the ability of the Copyright Claims 
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Board to timely complete proceedings instituted under 
this chapter, including by implementing mechanisms 
to prevent harassing or improper use of the Copyright 
Claims Board by any party. 
‘‘(2) LIMITS ON MONETARY RELIEF.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not earlier than 3 years after the date 
on which Copyright Claims Board issues the 
first determination of the Copyright Claims 
Board, the Register of Copyrights may, in order 
to further the goals of the Copyright Claims 
Board, conduct a rulemaking to adjust the limits 
on monetary recovery or attorneys’ fees and costs 
that may be awarded under this chapter. 
‘‘(B) EFFECTIVE DATE OF ADJUSTMENT.— 
Any rule under subparagraph (A) that makes an 
adjustment shall take effect at the end of the 120- 
day period beginning on the date on which the 
Register of Copyrights submits the rule to Con-
gress and only if Congress does not, during that 
120-day period, enact a law that provides in 
substance that Congress does not approve the 
rule. 
‘‘(b) NECESSARY FACILITIES.—Subject to applicable 
law, the Register of Copyrights may retain outside vendors 
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to establish internet-based, teleconferencing, and other fa-
cilities required to operate the Copyright Claims Board. 
‘‘(c) FEES.—Any filing fees, including the fee to com-
mence a proceeding under section 1506(e), shall be pre-
scribed in regulations established by the Register of Copy-
rights. The sum total of such filing fees shall be in an 
amount of not less than $100, may not exceed the cost of 
filing an action in a district court of the United States, 
and shall be fixed in amounts that further the goals of the 
Copyright Claims Board. 
‘‘§ 1511. Funding 
‘‘There are authorized to be appropriated such sums 
as may be necessary to pay the costs incurred by the Copy-
right Office under this chapter that are not covered by fees 
collected for services rendered under this chapter, including 
the costs of establishing and maintaining the Copyright 
Claims Board and its facilities.’’. 
(c) CLERICAL AMENDMENT.—The table of chapters for 
title 17, United States Code, is amended by adding at the 
end the following: 
‘‘15. Copyright Small Claims ............................................................ 1501’’. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 1 year after the date of en-
actment of this Act, the Copyright Claims Board es-
tablished under section 1502 of title 17, United States 
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Code, as added by subsection (b) of this section, shall 
begin operations. 
(2) EXTENSION.—The Register of Copyrights 
may, for good cause, extend the deadline under para-
graph (1) by not more than 180 days if the Register 
of Copyrights provides notice of the extension to the 
public and to Congress. 
(e) STUDY.—Not later than 3 years after the date on 
which the Copyright Claims Board issues the first deter-
mination of the Copyright Claims Board under chapter 15 
of title 17, United States Code, as added by subsection (b) 
of this section, the Register of Copyrights shall conduct, and 
report to Congress on, a study that addresses the following: 
(1) The use and efficacy of the Copyright Claims 
Board in resolving copyright claims, including the 
number of proceedings the Copyright Claims Board 
could reasonably administer. 
(2) Whether adjustments to the authority of the 
Copyright Claims Board are necessary or advisable, 
including with respect to— 
(A) eligible claims, such as claims under 
section 1202 of title 17, United States Code; and 
(B) works and applicable damages limita-
tions. 
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(3) Whether greater allowance should be made to 
permit awards of attorneys’ fees and costs to pre-
vailing parties, including potential limitations on 
such awards. 
(4) Potential mechanisms to assist copyright 
owners with small claims in ascertaining the identity 
and location of unknown online infringers. 
(5) Whether the Copyright Claims Board should 
be expanded to offer mediation or other nonbinding 
alternative dispute resolution services to interested 
parties. 
(6) Such other matters as the Register of Copy-
rights believes may be pertinent concerning the Copy-
right Claims Board. 
(f) SEVERABILITY.—If any provision of this section, 
an amendment made by this section, or the application of 
such provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the remainder of 
this section and the amendments made by this section, and 
the application of the provision or the amendment to any 
other person or circumstance, shall not be affected. 
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Subtitle B—Trademarks 
SEC. 221. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Trademark Modernization Act of 2020’’ or the ‘‘TM Act 
of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this subtitle is as follows: 
Subtitle B—Trademarks 
Sec. 221. Short title; table of contents. 
Sec. 222. Definitions. 
Sec. 223. Providing for third-party submission of evidence during examination. 
Sec. 224. Providing for flexible response periods. 
Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for can-
cellation. 
Sec. 226. Rebuttable presumption of irreparable harm. 
Sec. 227. Report on decluttering initiatives. 
Sec. 228. Amendments to confirm authority of the Director. 
SEC. 222. DEFINITIONS. 
In this subtitle: 
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Under Secretary of Commerce for Intellectual Prop-
erty and Director of the United States Patent and 
Trademark Office. 
(2) TRADEMARK ACT OF 1946.—The term ‘‘Trade-
mark Act of 1946’’ means the Act entitled ‘‘An Act to 
provide for the registration and protection of trade-
marks used in commerce, to carry out the provisions 
of certain international conventions, and for other 
purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et. 
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seq) (commonly referred to as the ‘‘Trademark Act of 
1946’’ or the ‘‘Lanham Act’’). 
SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF 
EVIDENCE DURING EXAMINATION. 
(a) AMENDMENT.—Section 1 of the Trademark Act of 
1946 (15 U.S.C. 1051) is amended by adding at the end 
the following: 
‘‘(f) A third party may submit for consideration for 
inclusion in the record of an application evidence relevant 
to a ground for refusal of registration. The third-party sub-
mission shall identify the ground for refusal and include 
a concise description of each piece of evidence submitted in 
support of each identified ground for refusal. Not later than 
2 months after the date on which the submission is filed, 
the Director shall determine whether the evidence should be 
included in the record of the application. The Director shall 
establish by regulation appropriate procedures for the con-
sideration of evidence submitted by a third party under this 
subsection and may prescribe a fee to accompany the sub-
mission. If the Director determines that the third-party evi-
dence should be included in the record of the application, 
only the evidence and the ground for refusal to which the 
evidence relates may be so included. Any determination by 
the Director whether or not to include evidence in the record 
of an application shall be final and non-reviewable, and 
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a determination to include or to not include evidence in 
the record shall not prejudice any party’s right to raise any 
issue and rely on any evidence in any other proceeding.’’. 
(b) DEADLINE FOR PROCEDURES.—Not later than 1 
year after the date of enactment of this Act, the Director 
shall establish the appropriate procedures described in sec-
tion 1(f) of the Trademark Act of 1946, as added by sub-
section (a). 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 1 year after the date of enact-
ment of this Act. 
SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS. 
Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 
1062(b)) is amended to read as follows: 
‘‘(b)(1) If the applicant is found not entitled to reg-
istration, the examiner shall notify the applicant thereof 
and of the reasons therefor. The applicant may reply or 
amend the application, which shall then be reexamined. 
This procedure may be repeated until the examiner finally 
refuses registration of the mark or the application is aban-
doned as described in paragraph (2). 
‘‘(2) After notification under paragraph (1), the appli-
cant shall have a period of 6 months in which to reply or 
amend the application, or such shorter time that is not less 
than 60 days, as prescribed by the Director by regulation. 
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If the applicant fails to reply or amend or appeal within 
the relevant time period, including any extension under 
paragraph (3), the application shall be deemed to have been 
abandoned, unless it can be shown to the satisfaction of the 
Director that the delay in responding was unintentional, 
in which case the application may be revived and such time 
may be extended. The Director may prescribe a fee to ac-
company any request to revive. 
‘‘(3) The Director shall provide, by regulation, for ex-
tensions of time to respond to the examiner for any time 
period under paragraph (2) that is less than 6 months. The 
Director shall allow the applicant to obtain extensions of 
time to reply or amend aggregating 6 months from the date 
of notification under paragraph (1) when the applicant so 
requests. However, the Director may set by regulation the 
time for individual periods of extension, and prescribe a 
fee, by regulation, for any extension request. Any request 
for extension shall be filed on or before the date on which 
a reply or amendment is due under paragraph (1).’’. 
SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINA-
TION; NEW GROUNDS FOR CANCELLATION. 
(a) EX PARTE EXPUNGEMENT.—The Trademark Act 
of 1946 is amended by inserting after section 16 (15 U.S.C. 
1066) the following: 
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‘‘SEC. 16A. EX PARTE EXPUNGEMENT. 
‘‘(a) PETITION.—Notwithstanding sections 7(b) and 
22, and subsections (a) and (b) of section 33, any person 
may file a petition to expunge a registration of a mark 
on the basis that the mark has never been used in commerce 
on or in connection with some or all of the goods or services 
recited in the registration. 
‘‘(b) CONTENTS OF PETITION.—A petition filed under 
subsection (a), together with any supporting documents, 
shall— 
‘‘(1) identify the registration that is the subject 
of the petition; 
‘‘(2) identify each good or service recited in the 
registration for which it is alleged that the mark has 
never been used in commerce; 
‘‘(3) include a verified statement that sets 
forth— 
‘‘(A) the elements of the reasonable inves-
tigation the petitioner conducted to determine 
that the mark has never been used in commerce 
on or in connection with the goods and services 
identified in the petition; and 
‘‘(B) any additional facts that support the 
allegation that the mark has never been used in 
commerce on or in connection with the identified 
goods and services; 
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‘‘(4) include any supporting evidence on which 
the petitioner relies; and 
‘‘(5) be accompanied by the fee prescribed by the 
Director. 
‘‘(c) INITIAL DETERMINATION; INSTITUTION.— 
‘‘(1) PRIMA FACIE CASE DETERMINATION, INSTI-
TUTION, AND NOTIFICATION.—The Director shall, for 
each good or service identified under subsection (b)(2), 
determine whether the petition sets forth a prima 
facie case of the mark having never been used in com-
merce on or in connection with each such good or 
service, institute an ex parte expungement proceeding 
for each good or service for which the Director deter-
mines that a prima facie case has been set forth, and 
provide a notice to the registrant and petitioner of the 
determination of whether or not the proceeding was 
instituted. Such notice shall include a copy of the pe-
tition and any supporting documents and evidence 
that were included with the petition. 
‘‘(2) REASONABLE INVESTIGATION GUIDANCE.— 
The Director shall promulgate regulations regarding 
what constitutes a reasonable investigation under sub-
section (b)(3) and the general types of evidence that 
could support a prima facie case that a mark has 
never been used in commerce, but the Director shall 
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retain the discretion to determine whether a prima 
facie case is set out in a particular proceeding. 
‘‘(3) DETERMINATION BY DIRECTOR.—Any deter-
mination by the Director whether or not to institute 
a proceeding under this section shall be final and 
non-reviewable, and shall not prejudice any party’s 
right to raise any issue and rely on any evidence in 
any other proceeding, except as provided in subsection 
(j). 
‘‘(d) EX PARTE EXPUNGEMENT PROCEDURES.—The 
procedures for ex parte expungement shall be the same as 
the procedures for examination under section 12(b), except 
that the Director shall promulgate regulations establishing 
and governing a proceeding under this section, which may 
include regulations that— 
‘‘(1) set response and extension times particular 
to this type of proceeding, which, notwithstanding sec-
tion 12(b)(3), need not be extendable to 6 months; 
‘‘(2) set limits governing the timing and number 
of petitions filed for a particular registration or by 
a particular petitioner or real parties in interest; and 
‘‘(3) define the relation of a proceeding under 
this section to other proceedings concerning the mark. 
‘‘(e) REGISTRANT’S
EVIDENCE
OF
USE.—A reg-
istrant’s documentary evidence of use shall be consistent 
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with when a mark shall be deemed to be in use in commerce 
under the definition of ‘use in commerce’ in section 45, but 
shall not be limited in form to that of specimens as provided 
in section 1(a). 
‘‘(f) EXCUSABLE
NONUSE.—During an ex parte 
expungement proceeding, for a mark registered under sec-
tion 44(e) or an extension of protection under section 66, 
the registrant may offer evidence showing that any nonuse 
is due to special circumstances that excuse such nonuse. In 
such a case, the examiner shall determine whether the facts 
and evidence demonstrate excusable nonuse and shall not 
find that the registration should be cancelled under sub-
section (g) for any good or service for which excusable non-
use is demonstrated. 
‘‘(g) EXAMINER’S DECISION; ORDER TO CANCEL.—For 
each good or service for which it is determined that a mark 
has never been used in commerce, and for which the provi-
sions of subsection (f) do not apply, the examiner shall find 
that the registration should be cancelled for each such good 
or service. A mark shall not be found to have never been 
used in commerce if there is evidence of use in commerce 
by the registrant that temporally would have supported reg-
istration at the time the application was filed or the rel-
evant allegation of use was made, or after registration, but 
before the petition to expunge was filed under subsection 
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(a), or an ex parte expungement proceeding was instituted 
by the Director under subsection (h). Unless overturned on 
review of the examiner’s decision, the Director shall issue 
an order cancelling the registration, in whole or in part, 
after the time for appeal has expired or any appeal pro-
ceeding has terminated. 
‘‘(h) EX PARTE EXPUNGEMENT BY THE DIRECTOR.— 
‘‘(1) IN GENERAL.—The Director may, on the 
Director’s own initiative, institute an ex parte 
expungement proceeding if the Director discovers in-
formation that supports a prima facie case of a mark 
having never been used in commerce on or in connec-
tion with any good or service covered by a registra-
tion. The Director shall promptly notify the reg-
istrant of such determination, at which time the ex 
parte expungement proceeding shall proceed according 
to the same procedures for ex parte expungement es-
tablished pursuant to subsection (d). If the Director 
determines, based on the Director’s own initiative, to 
institute an expungement proceeding, the Director 
shall transmit or make available the information that 
formed the basis for that determination as part of the 
institution notice sent to the registrant. 
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expungement proceeding is pending, no later ex parte 
expungement proceeding may be instituted with re-
spect to the same goods or services that are the subject 
of a pending ex parte expungement proceeding. 
‘‘(2) ESTOPPEL.—With respect to a particular 
registration, for goods or services previously subject to 
an instituted expungement proceeding for which, in 
that proceeding, it was determined that the registrant 
had used the mark for particular goods or services, as 
relevant, and the registration was not cancelled as to 
those goods or services, no further ex parte 
expungement proceedings may be initiated as to those 
goods or services, regardless of the identity of the peti-
tioner. 
‘‘(k) USE
IN COMMERCE REQUIREMENT NOT AL-
TERED.—Nothing in this section shall affect the require-
ment for use in commerce of a mark registered under section 
1(a) or 23.’’. 
(b) NEW GROUNDS FOR CANCELLATION.—Section 14 
of the Trademark Act of 1946 (15 U.S.C. 1064) is amend-
ed— 
(1) by striking the colon at the end of paragraph 
(5) and inserting a period; 
(2) by inserting after paragraph (5) the fol-
lowing: 
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‘‘(6) At any time after the 3-year period fol-
lowing the date of registration, if the registered mark 
has never been used in commerce on or in connection 
with some or all of the goods or services recited in the 
registration:’’; and 
(3) in the flush text following paragraph (6), as 
added by paragraph (2) of this subsection, by insert-
ing ‘‘Nothing in paragraph (6) shall be construed to 
limit the timing applicable to any other ground for 
cancellation. A registration under section 44(e) or 66 
shall not be cancelled pursuant to paragraph (6) if 
the registrant demonstrates that any nonuse is due to 
special circumstances that excuse such nonuse.’’ after 
‘‘identical certification mark is applied.’’. 
(c) EX PARTE REEXAMINATION.—The Trademark Act 
of 1946 is amended by inserting after section 16A, as added 
by subsection (a), the following: 
‘‘SEC. 16B. EX PARTE REEXAMINATION. 
‘‘(a) PETITION
FOR REEXAMINATION.—Any person 
may file a petition to reexamine a registration of a mark 
on the basis that the mark was not in use in commerce 
on or in connection with some or all of the goods or services 
recited in the registration on or before the relevant date. 
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‘‘(b) RELEVANT DATE.—In this section, the term ‘rel-
evant date’ means, with respect to an application for the 
registration of a mark with an initial filing basis of— 
‘‘(1) section 1(a) and not amended at any point 
to be filed pursuant to section 1(b), the date on which 
the application was initially filed; or 
‘‘(2) section 1(b) or amended at any point to be 
filed pursuant to section 1(b), the date on which— 
‘‘(A) an amendment to allege use under sec-
tion 1(c) was filed; or 
‘‘(B) the period for filing a statement of use 
under section 1(d) expired, including all ap-
proved extensions thereof. 
‘‘(c) REQUIREMENTS FOR THE PETITION.—A petition 
filed under subsection (a), together with any supporting 
documents, shall— 
‘‘(1) identify the registration that is the subject 
of the petition; 
‘‘(2) identify each good and service recited in the 
registration for which it is alleged that the mark was 
not in use in commerce on or in connection with on 
or before the relevant date; 
‘‘(3) include a verified statement that sets 
forth— 
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‘‘(A) the elements of the reasonable inves-
tigation the petitioner conducted to determine 
that the mark was not in use in commerce on or 
in connection with the goods and services identi-
fied in the petition on or before the relevant date; 
and 
‘‘(B) any additional facts that support the 
allegation that the mark was not in use in com-
merce on or before the relevant date on or in con-
nection with the identified goods and services; 
‘‘(4) include supporting evidence on which the 
petitioner relies; and 
‘‘(5) be accompanied by the fee prescribed by the 
Director. 
‘‘(d) INITIAL DETERMINATION; INSTITUTION.— 
‘‘(1) PRIMA FACIE CASE DETERMINATION, INSTI-
TUTION, AND NOTIFICATION.—The Director shall, for 
each good or service identified under subsection (c)(2), 
determine whether the petition sets forth a prima 
facie case of the mark having not been in use in com-
merce on or in connection with each such good or 
service, institute an ex parte reexamination pro-
ceeding for each good or service for which the Director 
determines that the prima facie case has been set 
forth, and provide a notice to the registrant and peti-
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tioner of the determination of whether or not the pro-
ceeding was instituted. Such notice shall include a 
copy of the petition and any supporting documents 
and evidence that were included with the petition. 
‘‘(2) REASONABLE INVESTIGATION GUIDANCE.— 
The Director shall promulgate regulations regarding 
what constitutes a reasonable investigation under sub-
section (c)(3) and the general types of evidence that 
could support a prima facie case that the mark was 
not in use in commerce on or in connection with a 
good or service on or before the relevant date, but the 
Director shall retain discretion to determine whether 
a prima facie case is set out in a particular pro-
ceeding. 
‘‘(3) DETERMINATION BY DIRECTOR.—Any deter-
mination by the Director whether or not to institute 
a reexamination proceeding under this section shall 
be final and non-reviewable, and shall not prejudice 
any party’s right to raise any issue and rely on any 
evidence in any other proceeding, except as provided 
in subsection (j). 
‘‘(e) REEXAMINATION PROCEDURES.—The procedures 
for reexamination shall be the same as the procedures estab-
lished under section 12(b) except that the Director shall pro-
mulgate regulations establishing and governing a pro-
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ceeding under this section, which may include regulations 
that— 
‘‘(1) set response and extension times particular 
to this type of proceeding, which, notwithstanding sec-
tion 12(b)(3), need not be extendable to 6 months; 
‘‘(2) set limits governing the timing and number 
of petitions filed for a particular registration or by 
a particular petitioner or real parties in interest; and 
‘‘(3) define the relation of a reexamination pro-
ceeding under this section to other proceedings con-
cerning the mark. 
‘‘(f) REGISTRANT’S EVIDENCE OF USE.—A registrant’s 
documentary evidence of use shall be consistent with when 
a mark shall be deemed to be in use in commerce under 
the definition of ‘use in commerce’ in section 45, but shall 
not be limited in form to that of specimens as provided in 
section 1(a). 
‘‘(g) EXAMINER’S DECISION; ORDER TO CANCEL.—For 
each good or service for which it is determined that the reg-
istration should not have issued because the mark was not 
in use in commerce on or before the relevant date, the exam-
iner shall find that the registration should be cancelled for 
each such good or service. Unless overturned on review of 
the examiner’s decision, the Director shall issue an order 
cancelling the registration, in whole or in part, after the 
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time for appeal has expired or any appeal proceeding has 
terminated. 
‘‘(h) REEXAMINATION BY DIRECTOR.— 
‘‘(1) IN GENERAL.—The Director may, on the 
Director’s own initiative, institute an ex parte reex-
amination proceeding if the Director discovers infor-
mation that supports a prima facie case of the mark 
having not been used in commerce on or in connec-
tion with some or all of the goods or services covered 
by the registration on or before the relevant date. The 
Director shall promptly notify the registrant of such 
determination, at which time reexamination shall 
proceed according to the same procedures established 
pursuant to subsection (e). If the Director determines, 
based on the Director’s own initiative, to institute an 
ex parte reexamination proceeding, the Director shall 
transmit or make available the information that 
formed the basis for that determination as part of the 
institution notice. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit any other au-
thority of the Director. 
‘‘(i) TIME FOR INSTITUTION.—A petition for ex parte 
reexamination may be filed, or the Director may institute 
on the Director’s own initiative an ex parte reexamination 
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proceeding, at any time not later than 5 years after the 
date of registration of a mark registered based on use in 
commerce. 
‘‘(j) LIMITATION ON LATER EX PARTE REEXAMINA-
TION PROCEEDINGS.— 
‘‘(1) NO CO-PENDING PROCEEDINGS.—With re-
spect to a particular registration, while an ex parte 
reexamination proceeding is pending, no later ex 
parte reexamination proceeding may be instituted 
with respect to the same goods or services that are the 
subject of a pending ex parte reexamination pro-
ceeding. 
‘‘(2) ESTOPPEL.—With respect to a particular 
registration, for any goods or services previously sub-
ject to an instituted ex parte reexamination pro-
ceeding for which, in that proceeding, it was deter-
mined that the registrant had used the mark for par-
ticular goods or services before the relevant date, and 
the registration was not cancelled as to those goods or 
services, no further ex parte reexamination pro-
ceedings may be initiated as to those goods or serv-
ices, regardless of the identity of the petitioner. 
‘‘(k) SUPPLEMENTAL REGISTER.—The provisions of 
subsection (b) apply, as appropriate, to registrations under 
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section 23. Nothing in this section shall be construed to 
limit the timing of a cancellation action under section 24.’’. 
(d) APPEAL.— 
(1) APPEAL TO TRADEMARK TRIAL AND APPEAL 
BOARD.—Section 20 of the Trademark Act of 1946 
(15 U.S.C. 1070) is amended by inserting ‘‘or a final 
decision by an examiner in an ex parte expungement 
proceeding or ex parte reexamination proceeding’’ 
after ‘‘registration of marks’’. 
(2) APPEAL TO COURTS.— 
(A) EXPUNGEMENT OR EX PARTE REEXAM-
INATION.—Section 21(a)(1) of the Trademark 
Act of 1946 (15 U.S.C. 1071(a)(1)) is amended 
by striking ‘‘or an applicant for renewal’’ and 
inserting the following: ‘‘an applicant for re-
newal, or a registrant subject to an ex parte 
expungement proceeding or an ex parte reexam-
ination proceeding’’. 
(B) EXCEPTION.—Section 21(b)(1) of the 
Trademark Act of 1946 (15 U.S.C. 1071(b)(1)) is 
amended by inserting ‘‘, except for a registrant 
subject to an ex parte expungement proceeding or 
an ex parte reexamination proceeding,’’ before 
‘‘is dissatisfied’’. 
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(e) TECHNICAL AND CONFORMING AMENDMENTS.—The 
Trademark Act of 1946 is amended— 
(1) in section 15 (15 U.S.C. 1065), by striking 
‘‘paragraphs (3) and (5)’’ and inserting ‘‘paragraphs 
(3), (5), and (6)’’; and 
(2) in section 26 (15 U.S.C. 1094), by adding at 
the end the following: ‘‘Registrations on the supple-
mental 
register 
shall 
be 
subject 
to 
ex 
parte 
expungement and ex parte reexamination under sec-
tions 16A and 16B, respectively.’’. 
(f) DEADLINE FOR PROCEDURES.—Not later than 1 
year after the date of enactment of this Act, the Director 
shall issue regulations to carry out sections 16A and 16B 
of the Trademark Act of 1946, as added by subsections (a) 
and (c). 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect upon the expiration of the 1-year 
period beginning on the date of enactment of this Act, and 
shall apply to any mark registered before, on, or after that 
effective date. 
SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE 
HARM. 
(a) AMENDMENT.—Section 34(a) of the Trademark Act 
of 1946 (15 U.S.C. 1116(a)) is amended by inserting after 
the first sentence the following: ‘‘A plaintiff seeking any 
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such injunction shall be entitled to a rebuttable presump-
tion of irreparable harm upon a finding of a violation iden-
tified in this subsection in the case of a motion for a perma-
nent injunction or upon a finding of likelihood of success 
on the merits for a violation identified in this subsection 
in the case of a motion for a preliminary injunction or 
temporary restraining order.’’. 
(b) RULE OF CONSTRUCTION.—The amendment made 
by subsection (a) shall not be construed to mean that a 
plaintiff seeking an injunction was not entitled to a pre-
sumption of irreparable harm before the date of enactment 
of this Act. 
SEC. 227. REPORT ON DECLUTTERING INITIATIVES. 
(a) STUDY.—The Comptroller General of the United 
States shall consult with the Director to conduct a study 
on the efforts of the Director during the period beginning 
12 months after the date of enactment of this Act and end-
ing 30 months after the date of enactment of this Act to 
address inaccurate and false claims of use in trademark ap-
plications and registrations. Inaccurate and false claims of 
use include any declaration of use by a trademark appli-
cant or registrant that cannot be supported by use in com-
merce as defined in section 45 of the Trademark Act of 1946 
(15 U.S.C. 1127) or the regulations relevant to the defini-
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tion of specimens under section 1 of the Trademark Act of 
1946 (15 U.S.C. 1051), as applicable. 
(b) CONTENTS OF STUDY.—In conducting the study 
under subsection (a), the Comptroller General shall assess 
the following: 
(1) With respect to sections 16A and 16B of the 
Trademark Act of 1946, as added by section 225— 
(A) the number of petitions filed under each 
such section for which a decision not to institute 
was issued; 
(B) the number of petitions filed under each 
such section for which a decision to institute was 
issued; 
(C) the number of in-process and completed 
proceedings instituted under each such section, 
including any proceedings instituted by the Di-
rector’s own initiative; 
(D) the average time taken to resolve pro-
ceedings instituted under each such section, in-
cluding the average time between— 
(i) the filing of a petition under each 
such section and an examiner’s final deci-
sion under section 16A(g) and 16B(g), or 
the last decision issued by the examiner if 
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the registrant failed to respond to the latest- 
in-time decision by the examiner; and 
(ii) the institution of a proceeding 
under each such section, including any pro-
ceedings instituted by the Director’s own 
initiative, and an examiner’s final decision 
under section 16A(g) and 16B(g), or the 
last decision issued by the examiner if the 
registrant failed to respond to the latest-in- 
time decision by the examiner; 
(E) the number of appeals of decisions of 
examiners to the Trademark Trial and Appeal 
Board and to the courts for each such pro-
ceeding; and 
(F) an accounting of the final outcome of 
each such proceeding instituted by identifying 
the number of goods or services for which such 
proceedings were instituted, and the number of 
goods or services for each involved registration 
that were cancelled pursuant to such proceedings. 
(2) With respect to section 1(f) of the Trademark 
Act of 1946, as added by section 223— 
(A) the number of third-party submissions 
filed under such section for which the third-party 
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actment of this Act under sections 2.161(h) and 
7.37(h) of title 37, Code of Federal Regulations. 
(c) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, the Comptroller Gen-
eral of the United States shall submit to the Committee on 
the Judiciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives a report— 
(1) on the results of the study conducted under 
this section; and 
(2) that includes any recommendations, based on 
the results of the study, for any changes to laws or 
regulations that will improve the integrity of the 
trademark register or reduce inaccurate or false 
claims of use. 
SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE 
DIRECTOR. 
(a) AMENDMENTS.— 
(1) Section 18 of the Trademark Act of 1946 (15 
U.S.C. 1068) is amended by inserting after ‘‘estab-
lished in the proceedings’’ the following: ‘‘. The au-
thority of the Director under this section includes the 
authority to reconsider, and modify or set aside, a de-
cision of the Trademark Trial and Appeal Board’’. 
(2) Section 20 of the Trademark Act of 1946 (15 
U.S.C. 1070) is amended by adding at the end the fol-
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lowing: ‘‘The Director may reconsider, and modify or 
set aside, a decision of the Trademark Trial and Ap-
peal Board under this section.’’. 
(3) Section 24 of the Trademark Act of 1946 (15 
U.S.C. 1092) is amended by inserting after ‘‘shall be 
canceled by the Director’’ the following: ‘‘, unless the 
Director reconsiders the decision of the Board, and 
modifies or sets aside, such decision’’. 
(b) RULES OF CONSTRUCTION.— 
(1) AUTHORITY BEFORE DATE OF ENACTMENT.— 
The amendments made by subsection (a) shall not be 
construed to mean that the Director lacked the au-
thority to reconsider, and modify or set aside, a deci-
sion of the Trademark Trial and Appeal Board before 
the date of enactment of this Act. 
(2) AUTHORITY WITH RESPECT TO PARTICULAR 
DECISIONS.—The amendments made by subsection (a) 
shall not be construed to require the Director to recon-
sider, modify, or set aside any particular decision of 
the Trademark Trial and Appeal Board. 
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DIVISION R—PROTECTING OUR 
INFRASTRUCTURE OF PIPE-
LINES AND ENHANCING SAFE-
TY ACT OF 2020 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Protecting our Infrastructure of Pipelines and Enhancing 
Safety Act of 2020’’ or the ‘‘PIPES Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE 
Sec. 101. Authorization of appropriations. 
Sec. 102. Pipeline workforce development. 
Sec. 103. Cost recovery and fees for facility reviews. 
Sec. 104. Advancement of new pipeline safety technologies and approaches. 
Sec. 105. Pipeline safety testing enhancement study. 
Sec. 106. Regulatory updates. 
Sec. 107. Self-disclosure of violations. 
Sec. 108. Due process protections in enforcement proceedings. 
Sec. 109. Pipeline operating status. 
Sec. 110. Updates to standards for liquefied natural gas facilities. 
Sec. 111. National Center of Excellence for Liquefied Natural Gas Safety. 
Sec. 112. Prioritization of rulemaking. 
Sec. 113. Leak detection and repair. 
Sec. 114. Inspection and maintenance plans. 
Sec. 115. Consideration of pipeline class location changes. 
Sec. 116. Protection of employees providing pipeline safety information. 
Sec. 117. Interstate drug and alcohol oversight. 
Sec. 118. Purpose and general authority. 
Sec. 119. National Academy of Sciences study on automatic and remote-controlled 
shut-off valves on existing pipelines. 
Sec. 120. Unusually sensitive areas. 
Sec. 121. Safety-related condition reports. 
Sec. 122. Risk analysis and integrity management programs. 
Sec. 123. Rule of construction. 
TITLE II—LEONEL RONDON PIPELINE SAFETY ACT 
Sec. 201. Short title. 
Sec. 202. Distribution integrity management plans. 
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Sec. 203. Emergency response plans. 
Sec. 204. Operations and maintenance manuals. 
Sec. 205. Pipeline safety management systems. 
Sec. 206. Pipeline safety practices. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Pipeline and Hazardous Materials 
Safety Administration. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Administra-
tion. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
TITLE I—IMPROVING PIPELINE 
SAFETY AND INFRASTRUCTURE 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) GAS AND HAZARDOUS LIQUID.—Section 60125 of 
title 49, United States Code, is amended by striking sub-
section (a) and inserting the following: 
‘‘(a) GAS AND HAZARDOUS LIQUID.— 
‘‘(1) IN
GENERAL.—From fees collected under 
section 60301, there are authorized to be appropriated 
to the Secretary to carry out section 12 of the Pipe-
line Safety Improvement Act of 2002 (49 U.S.C. 
60101 note; Public Law 107–355) and the provisions 
of this chapter relating to gas and hazardous liquid— 
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‘‘(A) $156,400,000 for fiscal year 2021, of 
which— 
‘‘(i) $9,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $63,000,000 shall be used for 
making grants; 
‘‘(B) $158,500,000 for fiscal year 2022, of 
which— 
‘‘(i) $9,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $66,000,000 shall be used for 
making grants; and 
‘‘(C) $162,700,000 for fiscal year 2023, of 
which— 
‘‘(i) $9,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $69,000,000 shall be used for 
making grants. 
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‘‘(2) TRUST FUND AMOUNTS.—In addition to the 
amounts authorized to be appropriated under para-
graph (1), there are authorized to be appropriated 
from the Oil Spill Liability Trust Fund established 
by section 9509(a) of the Internal Revenue Code of 
1986 to carry out section 12 of the Pipeline Safety 
Improvement Act of 2002 (49 U.S.C. 60101 note; 
Public Law 107–355) and the provisions of this chap-
ter relating to hazardous liquid— 
‘‘(A) $27,000,000 for fiscal year 2021, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $11,000,000 shall be used for 
making grants; 
‘‘(B) $27,650,000 for fiscal year 2022, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $12,000,000 shall be used for 
making grants; and 
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‘‘(C) $28,700,000 for fiscal year 2023, of 
which— 
‘‘(i) $3,000,000 shall be used to carry 
out section 12 of the Pipeline Safety Im-
provement Act of 2002 (49 U.S.C. 60101 
note; Public Law 107–355); and 
‘‘(ii) $13,000,000 shall be used for 
making grants. 
‘‘(3) UNDERGROUND NATURAL GAS STORAGE FA-
CILITY SAFETY ACCOUNT.—From fees collected under 
section 60302, there is authorized to be appropriated 
to the Secretary to carry out section 60141 $8,000,000 
for each of fiscal years 2021 through 2023. 
‘‘(4) RECRUITMENT
AND
RETENTION.—From 
amounts made available to the Secretary under para-
graphs (1) and (2), the Secretary shall use— 
‘‘(A) $ 1,520,000 to carry out section 
102(b)(1) of the PIPES Act of 2020, of which— 
‘‘(i) $1,292,000 shall be from amounts 
made available under paragraph (1)(A); 
and 
‘‘(ii) $228,000 shall be from amounts 
made available under paragraph (2)(A); 
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‘‘(B) $2,300,000 to carry out section 
102(b)(2)(A) of the PIPES Act of 2020, of 
which— 
‘‘(i) $1,955,000 shall be from amounts 
made available under paragraph (1)(A); 
and 
‘‘(ii) $345,000 shall be from amounts 
made available under paragraph (2)(A); 
‘‘(C) $1,600,000 to carry out section 
102(b)(2)(B) of the PIPES Act of 2020, of 
which— 
‘‘(i) $1,360,000 shall be from amounts 
made available under paragraph (1)(B); 
and 
‘‘(ii) $240,000 shall be from amounts 
made available under paragraph (2)(B); 
‘‘(D) $1,800,000 to carry out section 
102(b)(2)(C) of the PIPES Act of 2020, of 
which— 
‘‘(i) $ 1,530,000 shall be from amounts 
made available under paragraph (1)(C); 
and 
‘‘(ii) $270,000 shall be from amounts 
made available under paragraph (2)(C); 
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‘‘(E) $2,455,000 to carry out section 102(c) 
of the PIPES Act of 2020 in fiscal year 2021, 
of which— 
‘‘(i) $2,086,750 shall be from amounts 
made available under paragraph (1)(A); 
and 
‘‘(ii) $368,250 shall be from amounts 
made available under paragraph (2)(A); 
‘‘(F) $2,455,000 to carry out section 102(c) 
of the PIPES Act of 2020 in fiscal year 2022, 
of which— 
‘‘(i) $2,086,750 shall be from amounts 
made available under paragraph (1)(B); 
and 
‘‘(ii) $368,250 shall be from amounts 
made available under paragraph (2)(B); 
and 
‘‘(G) $2,455,000 to carry out section 102(c) 
of the PIPES Act of 2020 in fiscal year 2023, 
of which— 
‘‘(i) $2,086,750 shall be from amounts 
made available under paragraph (1)(C); 
and 
‘‘(ii) $368,250 shall be from amounts 
made available under paragraph (2)(C).’’. 
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(b) OPERATIONAL EXPENSES.—Section 2(b) of the 
PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515) 
is amended by striking paragraphs (1) through (4) and in-
serting the following: 
‘‘(1) $25,000,000 for fiscal year 2021. 
‘‘(2) $26,000,000 for fiscal year 2022. 
‘‘(3) $27,000,000 for fiscal year 2023.’’. 
(c) ONE-CALL
NOTIFICATION
PROGRAMS.—Section 
6107 of title 49, United States Code, is amended by striking 
‘‘ $1,058,000 for each of fiscal years 2016 through 2019’’ 
and inserting ‘‘ $1,058,000 for each of fiscal years 2021 
through 2023’’. 
(d) 
EMERGENCY
RESPONSE
GRANTS.—Section 
60125(b)(2) of title 49, United States Code, is amended by 
striking ‘‘fiscal years 2012 through 2015’’ and inserting 
‘‘fiscal years 2021 through 2023’’. 
(e) PIPELINE SAFETY INFORMATION GRANTS TO COM-
MUNITIES.—Section 60130 of title 49, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in the first sentence, by striking ‘‘to 
local communities and groups of individ-
uals (not including for-profit entities)’’ and 
inserting ‘‘to local communities, Indian 
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Tribes, and groups of individuals (not in-
cluding for-profit entities)’’; and 
(ii) in the third sentence, by striking 
‘‘The amount’’ and inserting ‘‘Except as 
provided in subsection (c)(2), the amount’’; 
and 
(B) by striking paragraph (4); 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) FUNDING.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
out of amounts made available under section 2(b) of 
the PIPES Act of 2016 (Public Law 114–183; 130 
Stat. 515), the Secretary shall use $2,000,000 for each 
of fiscal years 2021 through 2023 to carry out this 
section. 
‘‘(2) IMPROVING TECHNICAL ASSISTANCE.—From 
the amounts used to carry out this section under 
paragraph (1) each fiscal year, the Secretary shall 
award $1,000,000 to an eligible applicant through a 
competitive selection process for the purpose of im-
proving the quality of technical assistance provided to 
communities or individuals under this section. 
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‘‘(3) LIMITATION.—Any amounts used to carry 
out this section shall not be derived from user fees col-
lected under section 60301.’’; and 
(3) by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) TECHNICAL ASSISTANCE.—The term ‘tech-
nical assistance’ means engineering, research, and 
other scientific analysis of pipeline safety issues, in-
cluding the promotion of public participation on tech-
nical pipeline safety issues in proceedings related to 
this chapter. 
‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means a nonprofit entity that— 
‘‘(A) is a public safety advocate; 
‘‘(B) has pipeline safety expertise; 
‘‘(C) is able to provide individuals and 
communities with technical assistance; and 
‘‘(D) was established with funds designated 
for the purpose of community service through the 
implementation of section 3553 of title 18 relat-
ing to violations of this chapter.’’. 
(f) 
DAMAGE
PREVENTION
PROGRAMS.—Section 
60134(i) of title 49, United States Code, is amended in the 
first sentence by striking ‘‘fiscal years 2012 through 2015’’ 
and inserting ‘‘fiscal years 2021 through 2023’’. 
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(g) PIPELINE INTEGRITY PROGRAM.—Section 12(f) of 
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 
60101 note; Public Law 107–355) is amended by striking 
‘‘2016 through 2019’’ and inserting ‘‘2021 through 2023’’. 
SEC. 102. PIPELINE WORKFORCE DEVELOPMENT. 
(a) INSPECTOR TRAINING.—Not later than 1 year after 
the date of enactment of this Act, the Administrator shall— 
(1) review the inspector training programs pro-
vided at the Inspector Training and Qualifications 
Division of the Administration in Oklahoma City, 
Oklahoma; and 
(2) determine whether any of the programs re-
ferred to in paragraph (1), or any portions of the 
programs, could be provided online through tele-
training or another type of distance learning. 
(b) STAFFING.— 
(1) IN GENERAL.—The Secretary shall increase 
the number of full-time equivalent employees (as com-
pared to the number of positions on the date of enact-
ment of this Act) by 8 full-time employees with sub-
ject matter expertise in pipeline safety, pipeline fa-
cilities, and pipeline systems to finalize outstanding 
rulemakings and fulfill congressional mandates. 
(2) PIPELINE
INSPECTION
AND
ENFORCEMENT 
PERSONNEL.—The Secretary shall ensure that the 
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number of full-time positions for pipeline inspection 
and enforcement personnel in the Office of Pipeline 
Safety of the Administration does not fall below the 
following: 
(A) 224 for fiscal year 2021. 
(B) 235 for fiscal year 2022. 
(C) 247 for fiscal year 2023. 
(c) RECRUITMENT AND RETENTION INCENTIVES.— 
(1) IN GENERAL.—The Secretary shall use incen-
tives, as necessary, to recruit and retain a qualified 
workforce, including inspection and enforcement per-
sonnel and attorneys and subject matter experts at the 
Office of Pipeline Safety of the Administration, in-
cluding— 
(A) special pay rates permitted under sec-
tion 5305 of title 5, United States Code; 
(B) repayment of student loans permitted 
under section 5379 of that title; 
(C) tuition assistance permitted under 
chapter 41 of that title; 
(D) recruitment incentives permitted under 
section 5753 of that title; and 
(E) retention incentives permitted under 
section 5754 of that title. 
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(2) CONTINUED SERVICE AGREEMENT.—The Sec-
retary shall ensure that the incentives described in 
paragraph (1) are accompanied by a continued serv-
ice agreement. 
(3) APPROVAL.—The Secretary shall request, as 
necessary, the approval of the Office of Personnel 
Management to use the incentives described in para-
graph (1). 
SEC. 103. COST RECOVERY AND FEES FOR FACILITY RE-
VIEWS. 
(a) FEES FOR COMPLIANCE REVIEWS OF LIQUEFIED 
NATURAL GAS FACILITIES.—Chapter 603 of title 49, 
United States Code, is amended by inserting after section 
60302 the following: 
‘‘§ 60303. Fees for compliance reviews of liquefied nat-
ural gas facilities 
‘‘(a) IMPOSITION OF FEE.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation (referred to in this section as the ‘Secretary’) 
shall impose on a person who files with the Federal 
Energy Regulatory Commission an application for a 
liquefied natural gas facility that has design and con-
struction costs totaling not less than $2,500,000,000 a 
fee for the necessary expenses of a review, if any, that 
the Secretary conducts, in connection with that appli-
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cation, to determine compliance with subpart B of 
part 193 of title 49, Code of Federal Regulations (or 
successor regulations). 
‘‘(2) RELATION TO OTHER REVIEW.—The Sec-
retary may not impose fees under paragraph (1) and 
section 60117(o) or 60301(b) for the same compliance 
review described in paragraph (1). 
‘‘(b) MEANS OF COLLECTION.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
procedures to collect fees under this section. 
‘‘(2) USE OF GOVERNMENT ENTITIES.—The Sec-
retary may— 
‘‘(A) use a department, agency, or instru-
mentality of the Federal Government or of a 
State or local government to collect fees under 
this section; and 
‘‘(B) reimburse that department, agency, or 
instrumentality a reasonable amount for the 
services provided. 
‘‘(c) ACCOUNT.—There is established an account, to be 
known as the ‘Liquefied Natural Gas Siting Account’, in 
the Pipeline Safety Fund established in the Treasury of the 
United States under section 60301.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 603 of title 49, United States Code, is amended by 
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inserting after the item relating to section 60302 the fol-
lowing: 
‘‘60303. Fees for compliance reviews of liquefied natural gas facilities.’’. 
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECH-
NOLOGIES AND APPROACHES. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 60142. Pipeline safety enhancement programs 
‘‘(a) IN GENERAL.—The Secretary may establish and 
carry out limited safety-enhancing testing programs to 
evaluate innovative technologies and operational practices 
testing the safe operation of— 
‘‘(1) a natural gas pipeline facility; or 
‘‘(2) a hazardous liquid pipeline facility. 
‘‘(b) LIMITATIONS.— 
‘‘(1) IN GENERAL.—Testing programs established 
under subsection (a) may not exceed— 
‘‘(A) 5 percent of the total miles of haz-
ardous liquid pipelines in the United States that 
are regulated by— 
‘‘(i) the Pipeline and Hazardous Mate-
rials Safety Administration; or 
‘‘(ii) a State authority under section 
60105 or 60106; and 
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‘‘(B) 5 percent of the total miles of natural 
gas pipelines in the United States that are regu-
lated by— 
‘‘(i) the Pipeline and Hazardous Mate-
rials Safety Administration; or 
‘‘(ii) a State authority under section 
60105 or 60106. 
‘‘(2) OPERATOR MILEAGE LIMITATION.—The Sec-
retary shall limit the miles of pipelines that each op-
erator can test under each program established under 
subsection (a) to the lesser of— 
‘‘(A) 38 percent of the total miles of pipe-
lines in the system of the operator that are regu-
lated by— 
‘‘(i) the Pipeline and Hazardous Mate-
rials Safety Administration; or 
‘‘(ii) a State authority under section 
60105 or 60106; or 
‘‘(B) 1,000 miles. 
‘‘(3) PROHIBITED AREAS.—Any program estab-
lished under subsection (a) shall not be located in— 
‘‘(A) a high population area (as defined in 
section 195.450 of title 49, Code of Federal Regu-
lations (or a successor regulation)); 
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‘‘(ii) whether additional testing condi-
tions are required to protect those areas 
while conducting a testing program estab-
lished under subsection (a) in those areas. 
‘‘(c) DURATION.— 
‘‘(1) IN GENERAL.—The term of a testing pro-
gram established under subsection (a) shall be not 
more than a period of 3 years beginning on the date 
of approval of the program. 
‘‘(2) REQUIREMENT.—The Secretary shall not es-
tablish any additional safety-enhancing testing pro-
grams under subsection (a) after the date that is 3 
years after the date of enactment of this section. 
‘‘(d) SAFETY STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall require, 
as a condition of approval of a testing program under 
subsection (a), that the safety measures in the testing 
program are designed to achieve a level of safety that 
is greater than the level of safety required by this 
chapter. 
‘‘(2) DETERMINATION.— 
‘‘(A) IN
GENERAL.—The Secretary may 
issue an order under subparagraph (A) of section 
60118(c)(1) to accomplish the purpose of a test-
ing program for a term not to exceed the time 
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period described in subsection (c) if the condition 
described in paragraph (1) is met, as determined 
by the Secretary. 
‘‘(B) LIMITATION.—An order under sub-
paragraph (A) shall pertain only to those regula-
tions that would otherwise prevent the use of the 
safety technology to be tested under the testing 
program. 
‘‘(3) INCREASED
SAFETY
CAPABILITIES.—For 
purposes of paragraph (1), improvement in the reli-
ability, accuracy, durability, or certainty of pipeline 
safety technologies, techniques, or methods shall con-
stitute an appropriate means of meeting the safety 
measure requirement described in that paragraph. 
‘‘(e) CONSIDERATIONS.—In establishing a testing pro-
gram under subsection (a), the Secretary shall consider— 
‘‘(1) the accident and incident record of the own-
ers or operators participating in the program; 
‘‘(2)(A) whether the owners or operators partici-
pating in the program have a safety management sys-
tem in place; and 
‘‘(B) how the application of that system proposes 
to eliminate or mitigate potential safety and environ-
mental risks throughout the duration of the program; 
and 
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‘‘(3) whether the proposed safety technology has 
been tested through a research and development pro-
gram carried out by— 
‘‘(A) the Secretary; 
‘‘(B) collaborative research development or-
ganizations; or 
‘‘(C) other institutions. 
‘‘(f) DATA AND FINDINGS.— 
‘‘(1) IN GENERAL.—As a participant in a testing 
program established under subsection (a), an owner 
or operator shall submit to the Secretary detailed 
findings and a summary of data collected as a result 
of participation in the testing program. 
‘‘(2) PUBLIC REPORT.—The Secretary shall make 
publicly available on the website of the Department of 
Transportation an annual report for any ongoing 
testing program established under subsection (a) sum-
marizing the progress of the program. 
‘‘(g) AUTHORITY TO REVOKE PARTICIPATION.—The 
Secretary shall immediately revoke participation in a test-
ing program under subsection (a) if— 
‘‘(1)(A) the participant has an accident or inci-
dent involving death or personal injury necessitating 
in-patient hospitalization; and 
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‘‘(B) the testing program is determined to be the 
cause of, or a contributing factor to, that accident or 
incident; 
‘‘(2) the participant fails to comply with the 
terms and conditions of the testing program; or 
‘‘(3) in the determination of the Secretary, con-
tinued participation in the testing program by the 
participant would be unsafe or would not be con-
sistent with the goals and objectives of this chapter. 
‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—The Sec-
retary shall immediately terminate a testing program 
under subsection (a) if continuation of the testing program 
would not be consistent with the goals and objectives of this 
chapter. 
‘‘(i) STATE RIGHTS.— 
‘‘(1) EXEMPTION.—Except as provided in para-
graph (2), if a State submits to the Secretary notice 
that the State requests an exemption from any testing 
program considered for establishment under this sec-
tion, the State shall be exempt. 
‘‘(2) LIMITATIONS.— 
‘‘(A) IN GENERAL.—The Secretary shall not 
grant a requested exemption under paragraph 
(1) after a testing program is established. 
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‘‘(B) LATE
NOTICE.—The Secretary shall 
not grant a requested exemption under para-
graph (1) if the notice submitted under that 
paragraph is submitted to the Secretary more 
than 30 days after the date on which the Sec-
retary issues an order providing an effective date 
for the testing program in accordance with sub-
section (j). 
‘‘(3) EFFECT.—If a State has not submitted a 
notice requesting an exemption under paragraph (1), 
the State shall not enforce any law (including regula-
tions) that is inconsistent with a testing program in 
effect in the State under this section. 
‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NO-
TICE.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
in the Federal Register and send directly to each rel-
evant State and each appropriate State authority 
with a certification in effect under section 60105 a 
notice of each proposed testing program under sub-
section (a), including the order to be considered, and 
provide an opportunity for public comment for not 
less than 90 days. 
‘‘(2) RESPONSE
FROM
SECRETARY.—Not later 
than the date on which the Secretary issues an order 
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providing an effective date of a testing program no-
ticed under paragraph (1), the Secretary shall— 
‘‘(A) publish the order in the Federal Reg-
ister; and 
‘‘(B) respond to each comment submitted 
under paragraph (1). 
‘‘(k) REPORT TO CONGRESS.—At the conclusion of 
each testing program, the Secretary shall make publicly 
available on the website of the Department of Transpor-
tation a report containing— 
‘‘(1) the findings and conclusions of the Sec-
retary with respect to the testing program; and 
‘‘(2) any recommendations of the Secretary with 
respect to the testing program, including any rec-
ommendations for amendments to laws (including 
regulations) and the establishment of standards, 
that— 
‘‘(A) would enhance the safe operation of 
interstate gas or hazardous liquid pipeline facili-
ties; and 
‘‘(B) are technically, operationally, and eco-
nomically feasible. 
‘‘(l) STANDARDS.—If a report under subsection (k) in-
dicates that it is practicable to establish technically, oper-
ationally, and economically feasible standards for the use 
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of a safety-enhancing technology and any corresponding 
operational practices tested by the testing program de-
scribed in the report, the Secretary, as soon as practicable 
after submission of the report, may promulgate regulations 
consistent with chapter 5 of title 5 (commonly known as 
the ‘Administrative Procedure Act’) that— 
‘‘(1) allow operators of interstate gas or haz-
ardous liquid pipeline facilities to use the relevant 
technology or practice to the extent practicable; and 
‘‘(2) establish technically, operationally, and eco-
nomically feasible standards for the capability and 
deployment of the technology or practice.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 601 of title 49, United States Code, is amended by 
inserting after the item relating to section 60141 the fol-
lowing: 
‘‘60142. Pipeline safety enhancement programs.’’. 
SEC. 
105. 
PIPELINE 
SAFETY 
TESTING 
ENHANCEMENT 
STUDY. 
Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committees on 
Commerce, Science, and Transportation and Appropria-
tions of the Senate and the Committees on Transportation 
and Infrastructure, Energy and Commerce, and Appropria-
tions of the House of Representatives a report relating to— 
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(1) the research and development capabilities of 
the Administration, in accordance with section 12 of 
the Pipeline Safety Improvement Act of 2002 (49 
U.S.C. 60101 note; Public Law 107–355); 
(2)(A) the development of additional testing and 
research capabilities through the establishment of an 
independent pipeline safety testing facility under the 
Department of Transportation; 
(B) whether an independent pipeline safety test-
ing facility would be critical to the work of the Ad-
ministration; 
(C) the costs and benefits of developing an inde-
pendent pipeline safety testing facility under the De-
partment of Transportation; and 
(D) the costs and benefits of colocating an inde-
pendent pipeline safety testing facility at an existing 
training center of the Administration; and 
(3) the ability of the Administration to use the 
testing facilities of the Department of Transportation, 
other Federal agencies, or federally funded research 
and development centers. 
SEC. 106. REGULATORY UPDATES. 
(a) DEFINITION OF OUTSTANDING MANDATE.—In this 
section, the term ‘‘outstanding mandate’’ means— 
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(1) a final rule required to be issued under the 
Pipeline Safety, Regulatory Certainty, and Job Cre-
ation Act of 2011 (Public Law 112–90; 125 Stat. 
1904) that has not been published in the Federal Reg-
ister; 
(2) a final rule required to be issued under the 
PIPES Act of 2016 (Public Law 114–183; 130 Stat. 
514) that has not been published in the Federal Reg-
ister; and 
(3) any other final rule regarding gas or haz-
ardous liquid pipeline facilities required to be issued 
under this Act or an Act enacted prior to the date of 
enactment of this Act that has not been published in 
the Federal Register. 
(b) REQUIREMENTS.— 
(1) PERIODIC UPDATES.—Not later than 30 days 
after the date of enactment of this Act, and every 30 
days thereafter until a final rule referred to in para-
graphs (1) through (3) of subsection (a) is published 
in the Federal Register, the Secretary shall publish on 
a publicly available website of the Department of 
Transportation an update regarding the status of 
each outstanding mandate in accordance with sub-
section (c). 
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(2) NOTIFICATION OF CONGRESS.—On publica-
tion of a final rule in the Federal Register for an out-
standing mandate, the Secretary shall submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committees on Transpor-
tation and Infrastructure and Energy and Commerce 
of the House of Representatives a notification in ac-
cordance with subsection (c). 
(c) CONTENTS.—An update published or a notification 
submitted under paragraph (1) or (2) of subsection (b) shall 
contain, as applicable— 
(1) with respect to information relating to the 
Administration— 
(A) a description of the work plan for each 
outstanding mandate; 
(B) an updated rulemaking timeline for 
each outstanding mandate; 
(C) the staff allocations with respect to each 
outstanding mandate; 
(D) any resource constraints affecting the 
rulemaking process for each outstanding man-
date; 
(E) any other details associated with the de-
velopment of each outstanding mandate that af-
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fect the progress of the rulemaking process with 
respect to that outstanding mandate; and 
(F) a description of all rulemakings regard-
ing gas or hazardous liquid pipeline facilities 
published in the Federal Register that are not 
identified under subsection (b)(2); and 
(2) with respect to information relating to the 
Office of the Secretary— 
(A) the date that the outstanding mandate 
was submitted to the Office of the Secretary for 
review; 
(B) the reason that the outstanding man-
date is under review beyond 45 days; 
(C) the staff allocations within the Office of 
the Secretary with respect to each the out-
standing mandate; 
(D) any resource constraints affecting re-
view of the outstanding mandate; 
(E) an estimated timeline of when review of 
the outstanding mandate will be complete, as of 
the date of the update; 
(F) if applicable, the date that the out-
standing mandate was returned to the Adminis-
tration for revision and the anticipated date for 
resubmission to the Office of the Secretary; 
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(G) the date that the outstanding mandate 
was submitted to the Office of Management and 
Budget for review; and 
(H) a statement of whether the outstanding 
mandate remains under review by the Office of 
Management and Budget. 
SEC. 107. SELF-DISCLOSURE OF VIOLATIONS. 
Section 60122(b)(1) of title 49, United States Code, is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; and 
(2) by adding at the end the following: 
‘‘(D) self-disclosure and correction of viola-
tions, or actions to correct a violation, prior to 
discovery by the Pipeline and Hazardous Mate-
rials Safety Administration; and’’. 
SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT 
PROCEEDINGS. 
(a) IN GENERAL.—Section 60117 of title 49, United 
States Code, is amended— 
(1) by redesignating subsections (b) through (o) 
as subsections (c) through (p), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ENFORCEMENT PROCEDURES.— 
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‘‘(1) PROCESS.—In implementing enforcement 
procedures under this chapter and part 190 of title 
49, Code of Federal Regulations (or successor regula-
tions), the Secretary shall— 
‘‘(A) allow the respondent to request the use 
of a consent agreement and consent order to re-
solve any matter of fact or law asserted; 
‘‘(B) allow the respondent and the agency to 
convene 1 or more meetings— 
‘‘(i) for settlement or simplification of 
the issues; or 
‘‘(ii) to aid in the disposition of issues; 
‘‘(C) require that the case file in an enforce-
ment proceeding include all agency records perti-
nent to the matters of fact and law asserted; 
‘‘(D) allow the respondent to reply to each 
post-hearing submission of the agency; 
‘‘(E) allow the respondent to request that a 
hearing be held, and an order be issued, on an 
expedited basis; 
‘‘(F) require that the agency have the bur-
den of proof, presentation, and persuasion in 
any enforcement matter; 
‘‘(G) require that any order contain find-
ings of relevant fact and conclusions of law; 
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‘‘(H) require the Office of Pipeline Safety to 
file a post-hearing recommendation not later 
than 30 days after the deadline for any post- 
hearing submission of a respondent; 
‘‘(I) require an order on a petition for re-
consideration to be issued not later than 120 
days after the date on which the petition is filed; 
and 
‘‘(J) allow an operator to request that an 
issue of controversy or uncertainty be addressed 
through a declaratory order in accordance with 
section 554(e) of title 5. 
‘‘(2) OPEN TO THE PUBLIC.—A hearing under 
this section shall be— 
‘‘(A) noticed to the public on the website of 
the Pipeline and Hazardous Materials Safety 
Administration; and 
‘‘(B) in the case of a formal hearing (as de-
fined in section 190.3 of title 49, Code of Federal 
Regulations (or a successor regulation)), open to 
the public. 
‘‘(3) TRANSPARENCY.— 
‘‘(A) AGREEMENTS, ORDERS, AND
JUDG-
MENTS OPEN TO THE PUBLIC.—With respect to 
each enforcement proceeding under this chapter, 
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the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration shall 
make publicly available on the website of the Ad-
ministration— 
‘‘(i) the charging documents; 
‘‘(ii) the written response of the re-
spondent, if filed; and 
‘‘(iii) any consent agreement, consent 
order, order, or judgment resulting from a 
hearing under this chapter. 
‘‘(B) GAO
REPORT
ON
PIPELINE
SAFETY 
PROGRAM COLLECTION AND TRANSPARENCY OF 
ENFORCEMENT PROCEEDINGS.— 
‘‘(i) IN GENERAL.—Not later than 2 
years after the date of enactment of the 
PIPES Act of 2020, the Comptroller Gen-
eral of the United States shall— 
‘‘(I) review information on pipe-
line enforcement actions that the Pipe-
line and Hazardous Materials Safety 
Administration makes publicly avail-
able on the internet; and 
‘‘(II) submit to the Committee on 
Commerce, Science, and Transpor-
tation of the Senate and the Commit-
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tees on Transportation and Infrastruc-
ture and Energy and Commerce of the 
House of Representatives a report on 
that 
review, 
including 
any 
rec-
ommendations under clause (iii). 
‘‘(ii) CONTENTS.—The report under 
clause (i)(II) shall include— 
‘‘(I) a description of the process 
that the Pipeline and Hazardous Mate-
rials Safety Administration uses to col-
lect and record enforcement informa-
tion; 
‘‘(II) an assessment of whether 
and, if so, how the Pipeline and Haz-
ardous Materials Safety Administra-
tion ensures that enforcement informa-
tion is made available to the public in 
an accessible manner; and 
‘‘(III) an assessment of the infor-
mation described in clause (i)(I). 
‘‘(iii) RECOMMENDATIONS.—The report 
under clause (i)(II) may include rec-
ommendations regarding— 
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‘‘(I) any improvements that could 
be made to the accessibility of the in-
formation described in clause (i)(I); 
‘‘(II) whether and, if so, how the 
information described in clause (i)(I) 
could be made more transparent; and 
‘‘(III) any other recommendations 
that the Comptroller General of the 
United States considers appropriate. 
‘‘(4) SAVINGS
CLAUSE.—Nothing in this sub-
section alters the procedures applicable to— 
‘‘(A) an emergency order under subsection 
(p); 
‘‘(B) a safety order under subsection (m); or 
‘‘(C) a corrective action order under section 
60112.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 60109(g)(4) of title 49, United States 
Code, is amended by striking ‘‘section 60117(c)’’ and 
inserting ‘‘section 60117(d)’’. 
(2) Section 60117(p) of title 49, United States 
Code (as redesignated by subsection (a)(1)), is amend-
ed, in paragraph (3)(E), by striking ‘‘60117(l)’’ and 
inserting ‘‘subsection (m)’’. 
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(3) Section 60118(a)(3) of title 49, United States 
Code, is amended by striking ‘‘section 60117(a)–(d)’’ 
and inserting ‘‘subsections (a) through (e) of section 
60117’’. 
SEC. 109. PIPELINE OPERATING STATUS. 
(a) IN GENERAL.—Chapter 601 of title 49, United 
States Code (as amended by section 104(a)), is amended 
by adding at the end the following: 
‘‘§ 60143. Idled pipelines 
‘‘(a) DEFINITION OF IDLED.—In this section, the term 
‘idled’, with respect to a pipeline, means that the pipeline— 
‘‘(1)(A) has ceased normal operations; and 
‘‘(B) will not resume service for a period of not 
less than 180 days; 
‘‘(2) has been isolated from all sources of haz-
ardous liquid, natural gas, or other gas; and 
‘‘(3)(A) has been purged of combustibles and haz-
ardous materials and maintains a blanket of inert, 
nonflammable gas at low pressure; or 
‘‘(B) has not been purged as described in sub-
paragraph (A), but the volume of gas is so small that 
there is no potential hazard, as determined by the 
Secretary pursuant to a rule. 
‘‘(b) RULEMAKING.— 
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‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the PIPES Act of 2020, the 
Secretary shall promulgate regulations prescribing the 
applicability of the pipeline safety requirements to 
idled natural or other gas transmission and haz-
ardous liquid pipelines. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The applicability of the 
regulations under paragraph (1) shall be based 
on the risk that idled natural or other gas trans-
mission and hazardous liquid pipelines pose to 
the public, property, and the environment, and 
shall include requirements to resume operation. 
‘‘(B) INSPECTION.—The Secretary or an 
appropriate State agency shall inspect each idled 
pipeline and verify that the pipeline has been 
purged of combustibles and hazardous materials, 
if required under subsection (a). 
‘‘(C) REQUIREMENTS FOR REINSPECTION.— 
The Secretary shall determine the requirements 
for periodic reinspection of idled natural or other 
gas transmission and hazardous liquid pipelines. 
‘‘(D) RESUMPTION OF OPERATIONS.—As a 
condition to allowing an idled pipeline to resume 
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operations, the Secretary shall require that, prior 
to resuming operations, the pipeline shall be— 
‘‘(i) inspected with— 
‘‘(I) hydrostatic pressure testing; 
‘‘(II) an internal inspection de-
vice; or 
‘‘(III) if the use of hydrostatic 
pressure testing or an internal inspec-
tion device is not technologically fea-
sible, another comparable technology or 
practice; and 
‘‘(ii) in compliance with regulations 
promulgated under this chapter, including 
any regulations that became effective while 
the pipeline was idled.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 601 of title 49, United States Code (as amended 
by section 104(b)), is amended by inserting after the item 
relating to section 60142 the following: 
‘‘60143. Idled pipelines.’’. 
SEC. 110. UPDATES TO STANDARDS FOR LIQUEFIED NAT-
URAL GAS FACILITIES. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall— 
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(1) review the minimum operating and mainte-
nance standards prescribed under section 60103(d) of 
title 49, United States Code; and 
(2) based on the review under paragraph (1), 
update the standards described in that paragraph ap-
plicable to large-scale liquefied natural gas facilities 
(other than peak shaving facilities) to provide for a 
risk-based regulatory approach for such facilities, con-
sistent with this section. 
(b) SCOPE.—In updating the minimum operating and 
maintenance standards under subsection (a)(2), the Sec-
retary shall ensure that all regulations, guidance, and in-
ternal documents— 
(1) are developed and applied in a manner con-
sistent with this section; and 
(2) achieve a level of safety that is equivalent to, 
or greater than, the level of safety required by the 
standards prescribed as of the date of enactment of 
this Act under— 
(A) section 60103(d) of title 49, United 
States Code; and 
(B) part 193 of title 49, Code of Federal 
Regulations (as in effect on the date of enact-
ment of this Act). 
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(c) REQUIREMENTS.—The updates to the operating 
and maintenance standards required under subsection 
(a)(2) shall, at a minimum, require operators— 
(1) to develop and maintain written safety infor-
mation identifying hazards associated with— 
(A) the processes of liquefied natural gas 
conversion, storage, and transport; 
(B) equipment used in the processes; and 
(C) technology used in the processes; 
(2) to conduct a hazard assessment, including 
the identification of potential sources of accidental re-
leases; 
(3)(A) to consult with employees and representa-
tives of employees on the development and execution 
of hazard assessments under paragraph (2); and 
(B) to provide employees access to the records of 
the hazard assessments and any other records re-
quired under the updated standards; 
(4) to establish a system to respond to the find-
ings of a hazard assessment conducted under para-
graph (2) that addresses prevention, mitigation, and 
emergency responses; 
(5) to review, when a design change occurs, the 
most recent hazard assessment conducted under para-
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graph (2) and the response system established under 
paragraph (4); 
(6) to develop and implement written operating 
procedures for the processes of liquefied natural gas 
conversion, storage, and transport; 
(7)(A) to provide written safety and operating 
information to employees; and 
(B) to train employees in operating procedures 
with an emphasis on addressing hazards and using 
safe practices; 
(8) to ensure contractors and contract employees 
are provided appropriate information and training; 
(9) to train and educate employees and contrac-
tors in emergency response; 
(10) to establish a quality assurance program to 
ensure that equipment, maintenance materials, and 
spare parts relating to the operations and mainte-
nance of liquefied natural gas facilities are fabricated 
and installed consistent with design specifications; 
(11) to establish maintenance systems for critical 
process-related equipment, including written proce-
dures, employee training, appropriate inspections, 
and testing of that equipment to ensure ongoing me-
chanical integrity; 
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(12) to conduct pre-start-up safety reviews of all 
newly installed or modified equipment; 
(13) to establish and implement written proce-
dures to manage change to processes of liquefied nat-
ural gas conversion, storage, and transport, tech-
nology, equipment, and facilities; and 
(14)(A) to investigate each incident that results 
in, or could have resulted in— 
(i) loss of life; 
(ii) destruction of private property; or 
(iii) a major accident; and 
(B) to have operating personnel— 
(i) review any findings of an investigation 
under subparagraph (A); and 
(ii) if appropriate, take responsive meas-
ures. 
(d) SUBMISSION AND APPROVAL.— 
(1) IN GENERAL.—The Secretary shall require 
that operators that are subject to the regulations 
under subsection (a)(2) submit to the Secretary for 
approval a plan for the implementation of the re-
quirements described in subsection (c). 
(2) REQUIREMENT.—The implementation plan 
described in paragraph (1) shall include— 
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(A) an anticipated schedule for the imple-
mentation of the requirements described in sub-
section (c); and 
(B) an overview of the process for imple-
mentation. 
(e) INSPECTION AND COMPLIANCE ASSURANCE.— 
(1) DETERMINATION
OF
INADEQUATE
PRO-
GRAMS.—If the Secretary determines during an in-
spection carried out under chapter 601 of title 49, 
United States Code, that an operator’s implementa-
tion of the requirements described in subsection (c) 
does not comply with the requirements of that chapter 
(including any regulations promulgated under that 
chapter), has not been adequately implemented, is in-
adequate for the safe operation of a large-scale lique-
fied natural gas facility, or is otherwise inadequate, 
the Secretary may conduct enforcement proceedings 
under that chapter. 
(2) SAVINGS CLAUSE.—Nothing in this section 
shall affect the authority of the Secretary to carry out 
inspections or conduct enforcement proceedings under 
chapter 601 of title 49, United States Code. 
(f) EMERGENCIES AND COMPLIANCE.—Nothing in this 
section may be construed to diminish or modify— 
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(1) the authority of the Secretary under this title 
to act in the case of an emergency; or 
(2) the authority of the Secretary under sections 
60118 through 60123 of title 49, United States Code. 
(g) CIVIL PENALTIES.—A person violating the stand-
ards prescribed under this section, including any revisions 
to the minimum operating and maintenance standards pre-
scribed under 60103 of title 49, United States Code, shall 
be liable for a civil penalty that may not exceed $200,000 
for each violation pursuant to section 60122(a)(1) of that 
title. 
SEC. 111. NATIONAL CENTER OF EXCELLENCE FOR LIQUE-
FIED NATURAL GAS SAFETY. 
(a) DEFINITIONS.—In this section: 
(1) CENTER.—The term ‘‘Center’’ means the Na-
tional Center of Excellence for Liquefied Natural Gas 
Safety that may be established under subsection (b). 
(2) LNG.—The term ‘‘LNG’’ means liquefied 
natural gas. 
(3) LNG SECTOR
STAKEHOLDER.—The term 
‘‘LNG sector stakeholder’’ means a representative of— 
(A) LNG facilities that represent the broad 
array of LNG facilities operating in the United 
States; 
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(B) States, Indian Tribes, and units of local 
government; 
(C) postsecondary education; 
(D) labor organizations; 
(E) safety organizations; or 
(F) Federal regulatory agencies of jurisdic-
tion, which may include— 
(i) the Administration; 
(ii) the Federal Energy Regulatory 
Commission; 
(iii) the Department of Energy; 
(iv) the Occupational Safety and 
Health Administration; 
(v) the Coast Guard; and 
(vi) the Maritime Administration. 
(b) ESTABLISHMENT.—Only after submitting the re-
port under subsection (c) to the committees of Congress de-
scribed in that subsection, and subject to the availability 
of funds appropriated by Congress for the applicable pur-
pose, the Secretary, in consultation with LNG sector stake-
holders, may establish a center, to be known as the ‘‘Na-
tional Center of Excellence for Liquefied Natural Gas Safe-
ty’’. 
(c) REPORT.— 
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(1) IN
GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Secretary 
shall submit to the Committees on Commerce, Science, 
and Transportation and Appropriations of the Senate 
and the Committees on Transportation and Infra-
structure, Energy and Commerce, and Appropriations 
of the House of Representatives a report on— 
(A) the resources necessary to establish the 
Center; and 
(B) the manner in which the Center will 
carry out the functions described in subsection 
(d). 
(2) REQUIREMENT.—The report under para-
graph (1) shall include an estimate of all potential 
costs and appropriations necessary to carry out the 
functions described in subsection (d). 
(d) FUNCTIONS.—The Center shall, for activities regu-
lated under section 60103 of title 49, United States Code, 
enhance the United States as the leader and foremost expert 
in LNG operations by— 
(1) furthering the expertise of the Federal Gov-
ernment in the operations, management, and regu-
latory practices of LNG facilities through— 
(A) the use of performance-based principles; 
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(B) experience and familiarity with LNG 
operational facilities; and 
(C) increased communication with LNG ex-
perts to learn and support state-of-the-art oper-
ational practices; 
(2) acting as a repository of information on best 
practices for the operation of LNG facilities; and 
(3) facilitating collaboration among LNG sector 
stakeholders. 
(e) LOCATION.— 
(1) IN GENERAL.—The Center shall be located in 
close proximity to critical LNG transportation infra-
structure on, and connecting to, the Gulf of Mexico, 
as determined by the Secretary. 
(2) CONSIDERATIONS.—In determining the loca-
tion of the Center, the Secretary shall— 
(A) take into account the strategic value of 
locating resources in close proximity to LNG fa-
cilities; and 
(B) locate the Center in the State with the 
largest LNG production capacity, as determined 
by the total capacity (in billion cubic feet per 
day) of LNG production authorized by the Fed-
eral Energy Regulatory Commission under sec-
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tion 3 of the Natural Gas Act (15 U.S.C. 717b) 
as of the date of enactment of this Act. 
(f) COORDINATION WITH TQ TRAINING CENTER.—In 
carrying out the functions described in subsection (d), the 
Center shall coordinate with the Training and Qualifica-
tions Training Center of the Administration in Oklahoma 
City, Oklahoma, to facilitate knowledge sharing among, and 
enhanced training opportunities for, Federal and State 
pipeline safety inspectors and investigators. 
(g) JOINT OPERATION WITH EDUCATIONAL INSTITU-
TION.—The Secretary may enter into an agreement with 
an appropriate official of an institution of higher edu-
cation— 
(1) to provide for joint operation of the Center; 
and 
(2) to provide necessary administrative services 
for the Center. 
SEC. 112. PRIORITIZATION OF RULEMAKING. 
(a) RULEMAKING.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall issue a 
final rule with respect to the portion of the proposed rule 
issued on April 8, 2016, entitled ‘‘Pipeline Safety: Safety 
of Gas Transmission and Gathering Pipelines’’ (81 Fed. 
Reg. 20722; Docket No. PHMSA–2011–0023) that relates 
to the consideration of gathering pipelines. 
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(b) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall— 
(1) review the extent to which geospatial and 
technical data is collected by operators of gathering 
lines, including design and material specifications; 
(2) analyze information collected by operators of 
gathering lines when the mapping information de-
scribed in paragraph (1) is not available for a gath-
ering line; and 
(3) assess any plans and timelines of operators 
of gathering lines to develop the mapping information 
described in paragraph (1) or otherwise collect infor-
mation described in paragraph (2). 
(c) REPORT.—The Comptroller General of the United 
States shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Com-
merce of the House of Representatives a report on the review 
required under subsection (b), including any recommenda-
tions that the Comptroller General of the United States may 
have as a result of the review. 
SEC. 113. LEAK DETECTION AND REPAIR. 
Section 60102 of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(q) GAS PIPELINE LEAK DETECTION AND REPAIR.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, the Secretary 
shall promulgate final regulations that require opera-
tors of regulated gathering lines (as defined pursuant 
to subsection (b) of section 60101 for purposes of sub-
section (a)(21) of that section) in a Class 2 location, 
Class 3 location, or Class 4 location, as determined 
under section 192.5 of title 49, Code of Federal Regu-
lations, operators of new and existing gas trans-
mission pipeline facilities, and operators of new and 
existing gas distribution pipeline facilities to conduct 
leak detection and repair programs— 
‘‘(A) to meet the need for gas pipeline safe-
ty, as determined by the Secretary; and 
‘‘(B) to protect the environment. 
‘‘(2) LEAK
DETECTION
AND
REPAIR
PRO-
GRAMS.— 
‘‘(A) 
MINIMUM
PERFORMANCE
STAND-
ARDS.—The final regulations promulgated under 
paragraph (1) shall include, for the leak detec-
tion and repair programs described in that 
paragraph, minimum performance standards 
that reflect the capabilities of commercially 
available advanced technologies that, with re-
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spect to each pipeline covered by the programs, 
are appropriate for— 
‘‘(i) the type of pipeline; 
‘‘(ii) the location of the pipeline; 
‘‘(iii) the material of which the pipe-
line is constructed; and 
‘‘(iv) the materials transported by the 
pipeline. 
‘‘(B) REQUIREMENT.—The leak detection 
and repair programs described in paragraph (1) 
shall be able to identify, locate, and categorize all 
leaks that— 
‘‘(i) are hazardous to human safety or 
the environment; or 
‘‘(ii) have the potential to become ex-
plosive or otherwise hazardous to human 
safety. 
‘‘(3) 
ADVANCED
LEAK
DETECTION
TECH-
NOLOGIES AND PRACTICES.— 
‘‘(A) IN GENERAL.—The final regulations 
promulgated under paragraph (1) shall— 
‘‘(i) require the use of advanced leak 
detection technologies and practices de-
scribed in subparagraph (B); 
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‘‘(ii) identify any scenarios where op-
erators may use leak detection practices 
that depend on human senses; and 
‘‘(iii) include a schedule for repairing 
or replacing each leaking pipe, except a 
pipe with a leak so small that it poses no 
potential hazard, with appropriate dead-
lines. 
‘‘(B) ADVANCED
LEAK
DETECTION
TECH-
NOLOGIES AND PRACTICES DESCRIBED.—The ad-
vanced leak detection technologies and practices 
referred to in subparagraph (A)(i) include— 
‘‘(i) for new and existing gas distribu-
tion pipeline facilities, technologies and 
practices to detect pipeline leaks— 
‘‘(I) through continuous moni-
toring on or along the pipeline; or 
‘‘(II) through periodic surveys 
with handheld equipment, equipment 
mounted on mobile platforms, or other 
means using commercially available 
technology; 
‘‘(ii) for new and existing gas trans-
mission pipeline facilities, technologies and 
practices to detect pipeline leaks through— 
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‘‘(I) equipment that is capable of 
continuous monitoring; or 
‘‘(II) 
periodic 
surveys 
with 
handheld 
equipment, 
equipment 
mounted on mobile platforms, or other 
means using commercially available 
technology; and 
‘‘(iii) for regulated gathering lines in 
Class 2 locations, Class 3 locations, or Class 
4 locations, technologies and practices to de-
tect pipeline leaks through— 
‘‘(I) equipment that is capable of 
continuous monitoring; or 
‘‘(II) 
periodic 
surveys 
with 
handheld 
equipment, 
equipment 
mounted on mobile platforms, or other 
means using commercially available 
technology. 
‘‘(4) RULES OF CONSTRUCTION.— 
‘‘(A) SURVEYS
AND
TIMELINES.—In pro-
mulgating regulations under this subsection, the 
Secretary— 
‘‘(i) may not reduce the frequency of 
surveys required under any other provision 
of this chapter or stipulated by regulation 
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as of the date of enactment of this sub-
section; and 
‘‘(ii) may not extend the duration of 
any timelines for the repair or remediation 
of leaks that are stipulated by regulation as 
of the date of enactment of this subsection. 
‘‘(B) APPLICATION.—The limitations in this 
paragraph do not restrict the Secretary’s ability 
to modify any regulations through proceedings 
separate from or subsequent to the final regula-
tions required under paragraph (1). 
‘‘(C) EXISTING
AUTHORITY.—Nothing in 
this subsection may be construed to alter the au-
thority of the Secretary to regulate gathering 
lines as defined pursuant to section 60101.’’. 
SEC. 114. INSPECTION AND MAINTENANCE PLANS. 
(a) IN GENERAL.—Section 60108 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, must meet the re-
quirements of any regulations promulgated 
under section 60102(q),’’ after ‘‘the need for 
pipeline safety’’; 
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(ii) in subparagraph (C), by striking 
‘‘and’’ at the end; and 
(iii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) the extent to which the plan will con-
tribute to— 
‘‘(i) public safety; 
‘‘(ii) eliminating hazardous leaks and 
minimizing releases of natural gas from 
pipeline facilities; and 
‘‘(iii) the protection of the environ-
ment; and 
‘‘(E) the extent to which the plan addresses 
the replacement or remediation of pipelines that 
are known to leak based on the material (includ-
ing cast iron, unprotected steel, wrought iron, 
and historic plastics with known issues), design, 
or past operating and maintenance history of the 
pipeline.’’; and 
(B) by striking paragraph (3) and inserting 
the following: 
‘‘(3) REVIEW OF PLANS.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this subparagraph, 
and not less frequently than once every 5 years 
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thereafter, the Secretary or relevant State au-
thority with a certification in effect under sec-
tion 60105 shall review each plan described in 
this subsection. 
‘‘(B) CONTEXT OF REVIEW.—The Secretary 
may conduct a review under this paragraph as 
an element of the inspection of the operator car-
ried out by the Secretary under subsection (b). 
‘‘(C) INADEQUATE PROGRAMS.—If the Sec-
retary determines that a plan reviewed under 
this paragraph does not comply with the require-
ments of this chapter (including any regulations 
promulgated under this chapter), has not been 
adequately implemented, is inadequate for the 
safe operation of a pipeline facility, or is other-
wise inadequate, the Secretary may conduct en-
forcement proceedings under this chapter.’’; and 
(2) in subsection (b)(1)(B), by inserting ‘‘con-
struction material,’’ after ‘‘method of construction,’’. 
(b) DEADLINE.—Not later than 1 year after the date 
of enactment of this Act, each pipeline operator shall update 
the inspection and maintenance plan prepared by the oper-
ator under section 60108(a) of title 49, United States Code, 
to address the elements described in the amendments to that 
section made by subsection (a). 
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(c) INSPECTION
AND
MAINTENANCE
PLAN
OVER-
SIGHT.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study to evaluate the 
procedures used by the Secretary and States in re-
viewing plans prepared by pipeline operators under 
section 60108(a) of title 49, United States Code, pur-
suant to subsection (b) in minimizing releases of nat-
ural gas from pipeline facilities. 
(2) REPORT OF THE COMPTROLLER GENERAL OF 
THE UNITED STATES.—Not later than 1 year after the 
Secretary’s review of the operator plans prepared 
under section 60108(a) of title 49, United States 
Code, the Comptroller General of the United States 
shall submit to the Secretary, the Committee on Com-
merce, Science, and Transportation of the Senate, 
and the Committees on Transportation and Infra-
structure and Energy and Commerce of the House of 
Representatives a report that— 
(A) describes the results of the study con-
ducted under paragraph (1), including an eval-
uation of the procedures used by the Secretary 
and States in reviewing the effectiveness of the 
plans prepared by pipeline operators under sec-
tion 60108(a) of title 49, United States Code, 
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pursuant to subsection (b) in minimizing re-
leases of natural gas from pipeline facilities; and 
(B) provides recommendations for how to 
further minimize releases of natural gas from 
pipeline facilities without compromising pipeline 
safety based on observations and information ob-
tained through the study conducted under para-
graph (1). 
(3) RESPONSE OF THE SECRETARY.—Not later 
than 90 days after the date on which the report under 
paragraph (2) is published, the Secretary shall submit 
to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committees on Trans-
portation and Infrastructure and Energy and Com-
merce of the House of Representatives a report that 
includes a response to the results of the study con-
ducted under paragraph (1) and the recommendations 
contained in the report submitted under paragraph 
(2). 
(d) BEST
AVAILABLE
TECHNOLOGIES
OR
PRAC-
TICES.— 
(1) REPORT
OF
THE
SECRETARY.—Not later 
than 18 months after the date of enactment of this 
Act, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate 
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and the Committees on Transportation and Infra-
structure and Energy and Commerce of the House of 
Representatives a report— 
(A) discussing— 
(i) the best available technologies or 
practices to prevent or minimize, without 
compromising pipeline safety, the release of 
natural gas when making planned repairs, 
replacements, or maintenance to a pipeline 
facility; 
(ii) the best available technologies or 
practices to prevent or minimize, without 
compromising pipeline safety, the release of 
natural gas when the operator intentionally 
vents or releases natural gas, including 
blowdowns; and 
(iii) pipeline facility designs that, 
without compromising pipeline safety, miti-
gate the need to intentionally vent natural 
gas; and 
(B) recommending a timeline for updating 
pipeline safety regulations, as the Secretary de-
termines to be appropriate, to address the mat-
ters described in subparagraph (A). 
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(2) RULEMAKING.—Not later than 180 days 
after the date on which the Secretary submits the re-
port under this subsection, the Secretary shall update 
pipeline safety regulations that the Secretary has de-
termined are necessary to protect the environment 
without compromising pipeline safety. 
SEC. 115. CONSIDERATION OF PIPELINE CLASS LOCATION 
CHANGES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Pipeline 
and Hazardous Materials Safety Administration shall— 
(1) review all comments submitted in response to 
the advance notice of proposed rulemaking entitled 
‘‘Pipeline Safety: Class Location Change Require-
ments’’ (83 Fed. Reg. 36861 (July 31, 2018)); 
(2) complete any other activities or procedures 
necessary— 
(A) to make a determination whether to 
publish a notice of proposed rulemaking; and 
(B) if a positive determination is made 
under subparagraph (A), to advance in the rule-
making process, including by taking any actions 
required under section 60115 of title 49, United 
State Code; and 
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2601 
(3) consider the issues raised in the report to 
Congress entitled ‘‘Evaluation of Expanding Pipeline 
Integrity Management Beyond High-Consequence 
Areas and Whether Such Expansion Would Mitigate 
the Need for Gas Pipeline Class Location Require-
ments’’ prepared by the Pipeline and Hazardous Ma-
terials Safety Administration and submitted to Con-
gress on June 8, 2016, including the adequacy of ex-
isting integrity management programs. 
(b) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to require the Administrator of the Pipe-
line and Hazardous Materials Safety Administration to 
publish a notice of proposed rulemaking or otherwise con-
tinue the rulemaking process with respect to the advance 
notice of proposed rulemaking described in subsection 
(a)(1). 
(c) REPORTING.—For purposes of this section, the re-
quirements of section 106 shall apply during the period be-
ginning on the date that is 180 days after the date of enact-
ment of this Act and ending on the date on which the re-
quirements of subsection (a) are completed. 
SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPE-
LINE SAFETY INFORMATION. 
Section 60129 of title 49, United States Code, is 
amended— 
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(1) in subsection (a)(1), in the matter preceding 
subparagraph (A), by striking ‘‘employee with’’ and 
inserting ‘‘current or former employee with’’; 
(2) in subsection (b)(3), by adding at the end the 
following: 
‘‘(D) DE NOVO REVIEW.— 
‘‘(i) IN GENERAL.—With respect to a 
complaint under paragraph (1), if the Sec-
retary of Labor has not issued a final deci-
sion by the date that is 210 days after the 
date on which the complaint was filed, and 
if the delay is not due to the bad faith of 
the employee who filed the complaint, that 
employee may bring an original action at 
law or equity for de novo review in the ap-
propriate district court of the United 
States, which shall have jurisdiction over 
such action without regard to the amount 
in controversy, and which action shall, at 
the request of either party to the action, be 
tried by the court with a jury. 
‘‘(ii) BURDENS OF PROOF.—An origi-
nal action described in clause (i) shall be 
governed by the same legal burdens of proof 
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specified in paragraph (2)(B) for review by 
the Secretary of Labor.’’; and 
(3) by adding at the end the following: 
‘‘(e) NONENFORCEABILITY OF CERTAIN PROVISIONS 
WAIVING RIGHTS AND REMEDIES OR REQUIRING ARBITRA-
TION OF DISPUTES.— 
‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The 
rights and remedies provided under this section may 
not be waived by any agreement, policy, form, or con-
dition of employment, including by a predispute arbi-
tration agreement. 
‘‘(2) PREDISPUTE ARBITRATION AGREEMENTS.— 
No provision of a predispute arbitration agreement 
shall be valid or enforceable if the provision requires 
arbitration of a dispute arising under subsection 
(a)(1).’’. 
SEC. 117. INTERSTATE DRUG AND ALCOHOL OVERSIGHT. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Secretary shall amend 
the auditing program for the drug and alcohol regulations 
in part 199 of title 49, Code of Federal Regulations, to im-
prove the efficiency and processes of those regulations as ap-
plied to— 
(1) operators; and 
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(2) pipeline contractors working for multiple op-
erators in multiple States. 
(b) REQUIREMENT.—In carrying out subsection (a), 
the Secretary shall minimize duplicative audits of the same 
operators, and the contractors working for those operators, 
by the Administration and multiple State agencies. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
may be construed to require modification of the inspection 
or enforcement authority of any Federal agency or State. 
SEC. 118. PURPOSE AND GENERAL AUTHORITY. 
Section 60102(b)(5) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘Chapter’’ and inserting ‘‘chap-
ter’’; and 
(2) by inserting ‘‘, including safety and environ-
mental benefits,’’ after ‘‘benefits’’. 
SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON 
AUTOMATIC 
AND 
REMOTE-CONTROLLED 
SHUT-OFF VALVES ON EXISTING PIPELINES. 
(a) STUDY.—The Secretary shall enter into an ar-
rangement with the National Academy of Sciences under 
which the National Academy of Sciences shall conduct a 
study of potential methodologies or standards for the instal-
lation of automatic or remote-controlled shut-off valves on 
an existing pipeline in— 
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2605 
(1) a high consequence area (as defined in sec-
tion 192.903 of title 49, Code of Federal Regulations 
(or a successor regulation)) for a gas transmission 
pipeline facility; or 
(2) for a hazardous liquid pipeline facility— 
(A) a commercially navigable waterway (as 
defined in section 195.450 of that title (or a suc-
cessor regulation)); or 
(B) an unusually sensitive area (as defined 
in section 195.6 of that title (or a successor regu-
lation)). 
(b) FACTORS FOR CONSIDERATION.—In conducting the 
study under subsection (a), the National Academy of 
Sciences shall take into consideration, as applicable— 
(1) methodologies that conform to the rec-
ommendations submitted by the National Transpor-
tation Safety Board to the Pipeline and Hazardous 
Materials Safety Administration and Congress re-
garding automatic and remote-controlled shut-off 
valves; 
(2) to the extent practicable, compatibility with 
existing regulations of the Administration, including 
any regulations promulgated pursuant to docket num-
ber PHMSA–2013–0255, relating to the installation 
of automatic and remote-controlled shutoff valves; 
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2606 
(3) methodologies that maximize safety and envi-
ronmental benefits; and 
(4) the economic, technical, and operational fea-
sibility of installing automatic or remote-controlled 
shut-off valves on existing pipelines by employing 
such methodologies or standards. 
(c) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the National Academy of Sciences 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committees on Trans-
portation and Infrastructure and Energy and Commerce of 
the House of Representatives a report describing the results 
of the study under subsection (a). 
SEC. 120. UNUSUALLY SENSITIVE AREAS. 
(a) CERTAIN COASTAL WATERS; COASTAL BEACH-
ES.—Section 19(b) of the PIPES Act of 2016 (49 U.S.C. 
60109 note; Public Law 114–183) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: ‘‘ 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CERTAIN COASTAL WATERS.—The term 
‘certain coastal waters’ means— 
‘‘(i) the territorial sea of the United 
States; 
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‘‘(ii) the Great Lakes and their con-
necting waters; and 
‘‘(iii) the marine and estuarine waters 
of the United States up to the head of tidal 
influence. 
‘‘(B) COASTAL BEACH.—The term ‘coastal 
beach’ means any land between the high- and 
low-water marks of certain coastal waters. 
‘‘(2) REVISION.—The Secretary’’; and 
(2) in paragraph (2) (as so designated), by strik-
ing ‘‘marine coastal waters’’ and inserting ‘‘certain 
coastal waters’’. 
(b) CERTAIN COASTAL WATERS.—Section 60109(b)(2) 
of title 49, United States Code, is amended by striking ‘‘ma-
rine coastal waters’’ and inserting ‘‘certain coastal waters’’. 
(c) UPDATE TO REGULATIONS.—The Secretary shall 
complete the revision to regulations required under section 
19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; 
Public Law 114–183) (as amended by subsection (a)) by 
not later than 90 days after the date of enactment of this 
Act. 
(d) HAZARDOUS LIQUID PIPELINE FACILITIES LO-
CATED IN CERTAIN AREAS.—Section 60109(g) of title 49, 
United States Code, is amended— 
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(1) in paragraph (1)(B), by inserting ‘‘, but not 
less often than once every 12 months’’ before the pe-
riod at the end; and 
(2) by adding at the end the following: 
‘‘(5) CONSIDERATIONS.—In carrying out this 
subsection, each operator shall implement procedures 
that assess potential impacts by maritime equipment 
or other vessels, including anchors, anchor chains, or 
any other attached equipment.’’. 
SEC. 121. SAFETY-RELATED CONDITION REPORTS. 
Section 60102(h) of title 49, United States Code, is 
amended by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) SUBMISSION OF REPORT.—As soon as prac-
ticable, but not later than 5 business days, after a 
representative of a person to whom this section ap-
plies first establishes that a condition described in 
paragraph (1) exists, the operator shall submit the re-
port required under that paragraph to— 
‘‘(A) the Secretary; 
‘‘(B) the appropriate State authority or, 
where no appropriate State authority exists, to 
the Governor of a State where the subject of the 
Safety Related Condition report occurred; and 
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2609 
‘‘(C) the appropriate Tribe where the subject 
of the Safety Related Condition report occurred. 
‘‘(3) SUBMISSION OF REPORT TO OTHER ENTI-
TIES.—Upon request, a State authority or a Governor 
that receives a report submitted under this subsection 
may submit the report to any relevant emergency re-
sponse or planning entity, including any— 
‘‘(A) State emergency response commission 
established pursuant to section 301 of the Emer-
gency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001); 
‘‘(B) Tribal emergency response commission 
or emergency planning committee (as defined in 
part 355 of title 40, Code of Federal Regulations 
(or a successor regulation)); 
‘‘(C) local emergency planning committee 
established pursuant to section 301 of the Emer-
gency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001); or 
‘‘(D) other public agency responsible for 
emergency response.’’. 
SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT 
PROGRAMS. 
Section 60109(c) of title 49, United States Code, is 
amended by adding at the end the following: 
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‘‘(12) DISTRIBUTION PIPELINES.— 
‘‘(A) STUDY.—The Secretary shall conduct 
a study of methods that may be used under 
paragraph (3), other than direct assessment, to 
assess distribution pipelines to determine wheth-
er any such method— 
‘‘(i) would provide a greater level of 
safety than direct assessment of the pipe-
lines; and 
‘‘(ii) is feasible. 
‘‘(B) REPORT.—Not later than 2 years after 
the date of enactment of this paragraph, the Sec-
retary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate 
and the Committees on Energy and Commerce 
and Transportation and Infrastructure of the 
House of Representatives a report describing— 
‘‘(i) the results of the study under sub-
paragraph (A); and 
‘‘(ii) recommendations based on that 
study, if any.’’. 
SEC. 123. RULE OF CONSTRUCTION. 
Nothing in this title or an amendment made by this 
title may be construed to affect the authority of the Admin-
istrator of the Environmental Protection Agency under the 
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2611 
Clean Air Act (42 U.S.C. 7401 et seq.), the authority of 
the Secretary of the Interior under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), or the authority of any State, to 
regulate a release of pollutants or hazardous substances to 
air, water, or land, including through the establishment and 
enforcement of requirements relating to such release. 
TITLE II—LEONEL RONDON 
PIPELINE SAFETY ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Leonel Rondon Pipeline 
Safety Act’’. 
SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS. 
(a) IN GENERAL.—Section 60109(e) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(7) EVALUATION OF RISK.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this paragraph, the 
Secretary shall promulgate regulations to ensure 
that each distribution integrity management 
plan developed by an operator of a distribution 
system includes an evaluation of— 
‘‘(i) the risks resulting from the pres-
ence of cast iron pipes and mains in the 
distribution system; and 
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‘‘(ii) the risks that could lead to or re-
sult from the operation of a low-pressure 
distribution system at a pressure that 
makes the operation of any connected and 
properly adjusted low-pressure gas burning 
equipment unsafe, as determined by the Sec-
retary. 
‘‘(B) CONSIDERATION.—In carrying out 
subparagraph (A)(ii), the Secretary shall ensure 
that an operator of a distribution system— 
‘‘(i) considers factors other than past 
observed abnormal operating conditions (as 
defined in section 192.803 of title 49, Code 
of Federal Regulations (or a successor regu-
lation)) in ranking risks and identifying 
measures to mitigate those risks; and 
‘‘(ii) may not determine that there are 
no potential consequences associated with 
low probability events unless that deter-
mination is otherwise supported by engi-
neering analysis or operational knowledge. 
‘‘(C) DEADLINES.— 
‘‘(i) IN GENERAL.—Not later than 2 
years after the date of enactment of this 
paragraph, each operator of a distribution 
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system shall make available to the Secretary 
or the relevant State authority with a cer-
tification in effect under section 60105, as 
applicable, a copy of— 
‘‘(I) the distribution integrity 
management plan of the operator; 
‘‘(II) the emergency response plan 
under section 60102(d)(5); and 
‘‘(III) the procedural manual for 
operations, maintenance, and emer-
gencies under section 60102(d)(4). 
‘‘(ii) UPDATES.—Each operator of a 
distribution system shall make available to 
the Secretary or make available for inspec-
tion to the relevant State authority de-
scribed in clause (i), if applicable, an up-
dated plan or manual described in that 
clause by not later than 60 days after the 
date of a significant update, as determined 
by the Secretary. 
‘‘(iii) APPLICABILITY OF FOIA.—Noth-
ing in this subsection shall be construed to 
authorize the disclosure of any information 
that is exempt from disclosure under section 
552(b) of title 5. 
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2614 
‘‘(D) REVIEW OF PLANS AND DOCUMENTS.— 
‘‘(i) TIMING.— 
‘‘(I) IN GENERAL.—Not later than 
2 years after the date of promulgation 
of the regulations under subparagraph 
(A), and not less frequently than once 
every 5 years thereafter, the Secretary 
or relevant State authority with a cer-
tification in effect under section 60105 
shall review the distribution integrity 
management plan, the emergency re-
sponse plan, and the procedural man-
ual for operations, maintenance, and 
emergencies of each operator of a dis-
tribution system and record the results 
of that review for use in the next re-
view of the program of that operator. 
‘‘(II) GRACE
PERIOD.—For the 
third, fourth, and fifth years after the 
date of promulgation of the regulations 
under subparagraph (A), the Sec-
retary— 
‘‘(aa) shall not use subclause 
(I) as justification to reduce fund-
ing, decertify, or penalize in any 
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2615 
way under section 60105, 60106, 
or 60107 a State authority that 
has in effect a certification under 
section 60105 or an agreement 
under section 60106; and 
‘‘(bb) shall— 
‘‘(AA) submit to the 
Committee 
on 
Commerce, 
Science, and Transportation 
of the Senate and the Com-
mittees on Transportation 
and Infrastructure and En-
ergy and Commerce of the 
House of Representatives a 
list of States found to be non-
compliant with subclause (I) 
during the annual program 
evaluation; and 
‘‘(BB) provide a written 
notice to each State author-
ity described in item (aa) 
that is not in compliance 
with the requirements of sub-
clause (I). 
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‘‘(ii) REVIEW.—Each plan or proce-
dural manual made available under sub-
paragraph (C)(i) shall be reexamined— 
‘‘(I) on significant change to the 
plans or procedural manual, as appli-
cable; 
‘‘(II) on significant change to the 
gas distribution system of the operator, 
as applicable; and 
‘‘(III) not less frequently than 
once every 5 years. 
‘‘(iii) CONTEXT OF REVIEW.—The Sec-
retary may conduct a review under clause 
(i) or (ii) as an element of the inspection of 
the operator carried out by the Secretary. 
‘‘(iv) INADEQUATE PROGRAMS.—If the 
Secretary determines that the documents re-
viewed under clause (i) or (ii) do not com-
ply with the requirements of this chapter 
(including regulations to implement this 
chapter), have not been adequately imple-
mented, or are inadequate for the safe oper-
ation of a pipeline facility, the Secretary 
may conduct proceedings under this chap-
ter.’’. 
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(b) CONTENTS OF STATE PIPELINE SAFETY PROGRAM 
CERTIFICATIONS.— 
(1) IN GENERAL.—Section 60105(b) of title 49, 
United States Code, is amended— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(8) has the capability to sufficiently review and 
evaluate the adequacy of the plans and manuals de-
scribed in section 60109(e)(7)(C)(i); and 
‘‘(9) has a sufficient number of employees de-
scribed in paragraph (3) to ensure safe operations of 
pipeline facilities, updating the State Inspection Cal-
culation Tool to take into account factors including— 
‘‘(A) the number of miles of natural gas and 
hazardous liquid pipelines in the State, includ-
ing the number of miles of cast iron and bare 
steel pipelines; 
‘‘(B) the number of services in the State; 
‘‘(C) the age of the gas distribution system 
in the State; and 
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‘‘(D) environmental factors that could im-
pact the integrity of the pipeline, including rel-
evant geological issues.’’. 
(2) RULEMAKING.—The Secretary shall promul-
gate regulations to require that a State authority 
with a certification in effect under section 60105 of 
title 49, United States Code, has a sufficient number 
of qualified inspectors to ensure safe operations, as 
determined by the State Inspection Calculation Tool 
and other factors determined to be appropriate by the 
Secretary. 
(3) DEADLINE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall pro-
mulgate regulations to implement the amendments 
made by this subsection. 
SEC. 203. EMERGENCY RESPONSE PLANS. 
Section 60102 of title 49, United States Code (as 
amended by section 113), is amended by adding at the end 
the following: 
‘‘(r) EMERGENCY RESPONSE PLANS.—Not later than 
2 years after the date of enactment of this subsection, the 
Secretary shall update regulations to ensure that each emer-
gency response plan developed by an operator of a distribu-
tion system under subsection (d)(5), includes written proce-
dures for— 
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‘‘(1) establishing communication with first re-
sponders and other relevant public officials, as soon 
as practicable, beginning from the time of confirmed 
discovery, as determined by the Secretary, by the op-
erator of a gas pipeline emergency involving a release 
of gas from a distribution system of that operator 
that results in— 
‘‘(A) a fire related to an unintended release 
of gas; 
‘‘(B) an explosion; 
‘‘(C) 1 or more fatalities; or 
‘‘(D) the unscheduled release of gas and 
shutdown of gas service to a significant number 
of customers, as determined by the Secretary; 
‘‘(2) establishing general public communication 
through an appropriate channel— 
‘‘(A) as soon as practicable, as determined 
by the Secretary, after a gas pipeline emergency 
described in paragraph (1); and 
‘‘(B) that provides information regarding— 
‘‘(i) the emergency described in sub-
paragraph (A); and 
‘‘(ii) the status of public safety; and 
‘‘(3) the development and implementation of a 
voluntary, opt-in system that would allow operators 
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2620 
of distribution systems to rapidly communicate with 
customers in the event of an emergency.’’. 
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS. 
Section 60102 of title 49, United States Code (as 
amended by section 203), is amended by adding at the end 
the following: 
‘‘(s) OPERATIONS AND MAINTENANCE MANUALS.—Not 
later than 2 years after the date of enactment of this sub-
section, the Secretary shall update regulations to ensure 
that each procedural manual for operations, maintenance, 
and emergencies developed by an operator of a distribution 
pipeline under subsection (d)(4), includes written proce-
dures for— 
‘‘(1) responding to overpressurization indica-
tions, including specific actions and an order of oper-
ations for immediately reducing pressure in or shut-
ting down portions of the gas distribution system, if 
necessary; and 
‘‘(2) a detailed procedure for the management of 
the change process, which shall— 
‘‘(A) be applied to significant technology, 
equipment, 
procedural, 
and 
organizational 
changes to the distribution system; and 
‘‘(B) ensure that relevant qualified per-
sonnel, such as an engineer with a professional 
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engineer licensure, subject matter expert, or other 
employee who possesses the necessary knowledge, 
experience, and skills regarding natural gas dis-
tribution systems, review and certify construc-
tion plans for accuracy, completeness, and cor-
rectness.’’. 
SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committees on Transportation 
and Infrastructure and Energy and Commerce of the House 
of Representatives a report describing— 
(1) the number of operators of natural gas dis-
tribution systems who have implemented a pipeline 
safety management system in accordance with the 
standard established by the American Petroleum In-
stitute entitled ‘‘Pipeline Safety Management System 
Requirements’’ and numbered American Petroleum 
Institute Recommended Practice 1173; 
(2) the progress made by operators of natural 
gas distribution systems who have implemented, or 
are in the process of implementing, a pipeline safety 
management system described in paragraph (1); and 
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(3) the feasibility of an operator of a natural gas 
distribution system implementing a pipeline safety 
management system described in paragraph (1) based 
on the size of the operator as measured by— 
(A) the number of customers the operator 
has; and 
(B) the amount of natural gas the operator 
transports. 
(b) REQUIREMENTS.—As part of the report required 
under subsection (a), the Secretary shall provide guidance 
or recommendations that would further the adoption of safe-
ty management systems in accordance with the standard 
established by the American Petroleum Institute entitled 
‘‘Pipeline Safety Management System Requirements’’ and 
numbered American Petroleum Institute Recommended 
Practice 1173. 
(c) EVALUATION AND PROMOTION OF SAFETY MAN-
AGEMENT SYSTEMS.—The Secretary and the relevant State 
authority with a certification in effect under section 60105 
of title 49, United States Code, as applicable, shall— 
(1) promote and assess pipeline safety manage-
ment systems frameworks developed by operators of 
natural gas distribution systems and described in the 
report under subsection (a), including— 
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(A) if necessary, using independent third- 
party evaluators; and 
(B) through a system that promotes self-dis-
closure of— 
(i) errors; and 
(ii) deviations from regulatory stand-
ards; and 
(2) if a deviation from a regulatory standard is 
identified during the development and application of 
a pipeline safety management system, certify that— 
(A) due consideration will be given to fac-
tors such as flawed procedures, honest mistakes, 
or lack of understanding; and 
(B) the operators and regulators use the 
most appropriate tools to fix the deviation, re-
turn to compliance, and prevent the recurrence 
of the deviation, including— 
(i) root cause analysis; and 
(ii) training, education, or other ap-
propriate improvements to procedures or 
training programs. 
SEC. 206. PIPELINE SAFETY PRACTICES. 
Section 60102 of title 49, United States Code (as 
amended by section 204), is amended by adding at the end 
the following: 
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‘‘(t) OTHER PIPELINE SAFETY PRACTICES.— 
‘‘(1) RECORDS.—Not later than 2 years after the 
date of enactment of this subsection, the Secretary 
shall promulgate regulations to require an operator of 
a distribution system— 
‘‘(A) to identify and manage traceable, reli-
able, and complete records, including maps and 
other drawings, critical to ensuring proper pres-
sure controls for a gas distribution system, and 
updating these records as needed, while collecting 
and identifying other records necessary for risk 
analysis on an opportunistic basis; and 
‘‘(B) to ensure that the records required 
under subparagraph (A) are— 
‘‘(i) accessible to all personnel respon-
sible for performing or overseeing relevant 
construction or engineering work; and 
‘‘(ii) submitted to, or made available 
for inspection by, the Secretary or the rel-
evant State authority with a certification 
in effect under section 60105. 
‘‘(2) PRESENCE OF QUALIFIED EMPLOYEES.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary shall promulgate regula-
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tions to require that not less than 1 agent of an 
operator of a distribution system who is quali-
fied to perform relevant covered tasks, as deter-
mined by the Secretary, shall monitor gas pres-
sure at the district regulator station or at an al-
ternative site with equipment capable of ensur-
ing proper pressure controls and have the capa-
bility to promptly shut down the flow of gas or 
control over pressurization at a district regulator 
station during any construction project that has 
the potential to cause a hazardous over-
pressurization at that station, including tie-ins 
and abandonment of distribution lines and 
mains, based on an evaluation, conducted by the 
operator, of threats that could result in unsafe 
operation. 
‘‘(B) EXCLUSION.—In promulgating regula-
tions under subparagraph (A), the Secretary 
shall ensure that those regulations do not apply 
to a district regulating station that has a moni-
toring system and the capability for remote or 
automatic shutoff. 
‘‘(3) DISTRICT REGULATOR STATIONS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection, the 
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Secretary shall promulgate regulations to require 
that each operator of a distribution system as-
sesses and upgrades, as appropriate, each district 
regulator station of the operator to ensure that— 
‘‘(i) the risk of the gas pressure in the 
distribution system exceeding, by a common 
mode of failure, the maximum allowable op-
erating pressure (as described in section 
192.623 of title 49, Code of Federal Regula-
tions (or a successor regulation)) allowed 
under Federal law (including regulations) 
is minimized; 
‘‘(ii) the gas pressure of a low-pressure 
distribution system is monitored, particu-
larly at or near the location of critical pres-
sure-control equipment; 
‘‘(iii) the regulator station has sec-
ondary or backup pressure-relieving or over-
pressure-protection safety technology, such 
as a relief valve or automatic shutoff valve, 
or other pressure-limiting devices appro-
priate for the configuration and siting of 
the station and, in the case of a regulator 
station that employs the primary and mon-
itor regulator design, the operator shall 
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2627 
eliminate the common mode of failure or 
provide backup protection capable of either 
shutting the flow of gas, relieving gas to the 
atmosphere to fully protect the distribution 
system from overpressurization events, or 
there must be technology in place to elimi-
nate a common mode of failure; and 
‘‘(iv) if the Secretary determines that 
it is not operationally possible for an oper-
ator to implement the requirements under 
clause (iii), the Secretary shall require such 
operator to identify actions in their plan 
that minimize the risk of an overpressuriza-
tion event.’’. 
DIVISION S—INNOVATION FOR 
THE ENVIRONMENT 
SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS RE-
DUCTION PROGRAM. 
Section 797(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16137(a)) is amended by striking ‘‘2016’’ and in-
serting ‘‘2024’’. 
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2628 
SEC. 102. ENCOURAGING PROJECTS TO REDUCE EMIS-
SIONS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Utilizing Significant Emissions with Innovative Tech-
nologies Act’’ or the ‘‘USE IT Act’’. 
(b) RESEARCH, INVESTIGATION, TRAINING, 
AND 
OTHER ACTIVITIES.—Section 103 of the Clean Air Act (42 
U.S.C. 7403) is amended— 
(1) in subsection (c)(3), in the first sentence of 
the matter preceding subparagraph (A), by striking 
‘‘percursors’’ and inserting ‘‘precursors’’; and 
(2) in subsection (g)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively, and indenting appropriately; 
(B) in the undesignated matter following 
subparagraph (D) (as so redesignated)— 
(i) in the second sentence, by striking 
‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI-
CATION.—The Administrator’’; and 
(ii) in the first sentence, by striking 
‘‘Nothing’’ and inserting the following: 
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 
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2629 
(C) in the matter preceding subparagraph 
(A) (as so redesignated)— 
(i) in the third sentence, by striking 
‘‘Such program’’ and inserting the fol-
lowing: 
‘‘(3) 
PROGRAM
INCLUSIONS.—The 
program 
under this subsection’’; 
(ii) in the second sentence— 
(I) by inserting ‘‘States, institu-
tions of higher education,’’ after ‘‘sci-
entists,’’; and 
(II) by striking ‘‘Such strategies 
and technologies shall be developed’’ 
and inserting the following: 
‘‘(2) 
PARTICIPATION
REQUIREMENT.—Such 
strategies and technologies described in paragraph (1) 
shall be developed’’; and 
(iii) in the first sentence, by striking 
‘‘In carrying out’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In carrying out’’; and 
(D) by adding at the end the following: 
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 
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2630 
‘‘(A) IN GENERAL.—In carrying out para-
graph (3)(A) with respect to carbon dioxide, the 
Administrator— 
‘‘(i) is authorized to carry out the ac-
tivities described in subparagraph (B); and 
‘‘(ii) shall carry out the activities de-
scribed in subparagraph (C). 
‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) BOARD.—The term ‘Board’ 
means the Direct Air Capture Tech-
nology Advisory Board established by 
clause (iii)(I). 
‘‘(II) DILUTE.—The term ‘dilute’ 
means a concentration of less than 1 
percent by volume. 
‘‘(III) DIRECT AIR CAPTURE.— 
‘‘(aa) 
IN
GENERAL.—The 
term ‘direct air capture’, with re-
spect to a facility, technology, or 
system, means that the facility, 
technology, or system uses carbon 
capture equipment to capture car-
bon dioxide directly from the air. 
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‘‘(bb) EXCLUSION.—The term 
‘direct air capture’ does not in-
clude any facility, technology, or 
system that captures carbon diox-
ide— 
‘‘(AA) that is delib-
erately released from a natu-
rally 
occurring 
subsurface 
spring; or 
‘‘(BB) 
using 
natural 
photosynthesis. 
‘‘(IV) 
INTELLECTUAL
PROP-
ERTY.—The term ‘intellectual property’ 
means— 
‘‘(aa) an invention that is 
patentable under title 35, United 
States Code; and 
‘‘(bb) any patent on an in-
vention described in item (aa). 
‘‘(ii) TECHNOLOGY PRIZES.— 
‘‘(I) IN GENERAL.—Not later than 
1 year after the date of enactment of 
the Utilizing Significant Emissions 
with Innovative Technologies Act, the 
Administrator, in consultation with 
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2632 
the Secretary of Energy, is authorized 
to establish a program to provide fi-
nancial awards on a competitive basis 
for direct air capture from media in 
which the concentration of carbon diox-
ide is dilute. 
‘‘(II) DUTIES.—In carrying out 
this clause, the Administrator shall— 
‘‘(aa) subject to subclause 
(III), develop specific require-
ments for— 
‘‘(AA) the competition 
process; and 
‘‘(BB) the demonstra-
tion of performance of ap-
proved projects; 
‘‘(bb) offer financial awards 
for a project designed— 
‘‘(AA) to the maximum 
extent practicable, to capture 
more than 10,000 tons of car-
bon dioxide per year; 
‘‘(BB) to operate in a 
manner that would be com-
mercially viable in the fore-
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2633 
seeable future (as determined 
by the Board); and 
‘‘(CC) to improve the 
technologies or information 
systems that enable moni-
toring and verification meth-
ods for direct air capture 
projects; and 
‘‘(cc) to the maximum extent 
practicable, 
make 
financial 
awards to geographically diverse 
projects, including at least— 
‘‘(AA) 1 project in a 
coastal State; and 
‘‘(BB) 1 project in a 
rural State. 
‘‘(III) PUBLIC
PARTICIPATION.— 
In carrying out subclause (II)(aa), the 
Administrator shall— 
‘‘(aa) provide notice of and, 
for a period of not less than 60 
days, an opportunity for public 
comment on, any draft or pro-
posed version of the requirements 
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2634 
described in subclause (II)(aa); 
and 
‘‘(bb) take into account pub-
lic comments received in devel-
oping the final version of those re-
quirements. 
‘‘(iii) DIRECT
AIR
CAPTURE
TECH-
NOLOGY ADVISORY BOARD.— 
‘‘(I) ESTABLISHMENT.—The Ad-
ministrator may establish an advisory 
board to be known as the ‘Direct Air 
Capture Technology Advisory Board’. 
‘‘(II) COMPOSITION.—The Board, 
on the establishment of the Board, shall 
be composed of 9 members appointed 
by the Administrator, who shall pro-
vide expertise in— 
‘‘(aa) climate science; 
‘‘(bb) physics; 
‘‘(cc) chemistry; 
‘‘(dd) biology; 
‘‘(ee) engineering; 
‘‘(ff) economics; 
‘‘(gg) business management; 
and 
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2635 
‘‘(hh) such other disciplines 
as the Administrator determines 
to be necessary to achieve the pur-
poses of this subparagraph. 
‘‘(III) TERM; VACANCIES.— 
‘‘(aa) TERM.—A member of 
the Board shall serve for a term of 
6 years. 
‘‘(bb) 
VACANCIES.—A 
va-
cancy on the Board— 
‘‘(AA) shall not affect 
the powers of the Board; and 
‘‘(BB) shall be filled in 
the same manner as the 
original 
appointment 
was 
made. 
‘‘(IV) 
INITIAL
MEETING.—Not 
later than 30 days after the date on 
which all members of the Board have 
been appointed, the Board shall hold 
the initial meeting of the Board. 
‘‘(V) 
MEETINGS.—The 
Board 
shall meet at the call of the Chair-
person or on the request of the Admin-
istrator. 
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2636 
‘‘(VI) QUORUM.—A majority of 
the members of the Board shall con-
stitute a quorum, but a lesser number 
of members may hold hearings. 
‘‘(VII) CHAIRPERSON
AND
VICE 
CHAIRPERSON.—The Board shall select 
a Chairperson and Vice Chairperson 
from among the members of the Board. 
‘‘(VIII) 
COMPENSATION.—Each 
member of the Board may be com-
pensated at not to exceed the daily 
equivalent of the annual rate of basic 
pay in effect for a position at level V 
of the Executive Schedule under section 
5316 of title 5, United States Code, for 
each day during which the member is 
engaged in the actual performance of 
the duties of the Board. 
‘‘(IX) 
DUTIES.—The 
Board 
shall— 
‘‘(aa) advise the Adminis-
trator on carrying out the duties 
of the Administrator under this 
subparagraph; and 
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2637 
‘‘(bb) provide other assistance 
and advice as requested by the 
Administrator. 
‘‘(iv) INTELLECTUAL PROPERTY.— 
‘‘(I) IN
GENERAL.—As a condi-
tion of receiving a financial award 
under this subparagraph, an applicant 
shall agree to vest the intellectual prop-
erty of the applicant derived from the 
technology in 1 or more entities that 
are incorporated in the United States. 
‘‘(II) 
RESERVATION
OF
LI-
CENSE.—The United States— 
‘‘(aa) may reserve a non-
exclusive, nontransferable, irrev-
ocable, paid-up license, to have 
practiced for or on behalf of the 
United States, in connection with 
any 
intellectual 
property 
de-
scribed in subclause (I); but 
‘‘(bb) shall not, in the exer-
cise of a license reserved under 
item (aa), publicly disclose pro-
prietary information relating to 
the license. 
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2638 
‘‘(III) TRANSFER
OF
TITLE.— 
Title to any intellectual property de-
scribed in subclause (I) shall not be 
transferred or passed, except to an en-
tity that is incorporated in the United 
States, until the expiration of the first 
patent obtained in connection with the 
intellectual property. 
‘‘(v) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this subparagraph 
$35,000,000, to remain available until ex-
pended. 
‘‘(vi) TERMINATION OF AUTHORITY.— 
Notwithstanding section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.), 
the Board and all authority provided under 
this subparagraph shall terminate not later 
than 12 years after the date of enactment of 
the Utilizing Significant Emissions with 
Innovative Technologies Act. 
‘‘(C) DEEP SALINE FORMATION REPORT.— 
‘‘(i) DEFINITION OF DEEP SALINE FOR-
MATION.— 
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‘‘(I) IN
GENERAL.—In this sub-
paragraph, the term ‘deep saline for-
mation’ means a formation of sub-
surface geographically extensive sedi-
mentary rock layers saturated with 
waters or brines that have a high total 
dissolved solids content and that are 
below the depth where carbon dioxide 
can exist in the formation as a super-
critical fluid. 
‘‘(II) 
CLARIFICATION.—In 
this 
subparagraph, the term ‘deep saline 
formation’ does not include oil and gas 
reservoirs. 
‘‘(ii) REPORT.—In consultation with 
the Secretary of Energy, and, as appro-
priate, with the head of any other relevant 
Federal agency and relevant stakeholders, 
not later than 1 year after the date of enact-
ment of the Utilizing Significant Emissions 
with Innovative Technologies Act, the Ad-
ministrator shall prepare, submit to Con-
gress, and make publicly available a report 
that includes— 
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2640 
‘‘(I) a comprehensive identifica-
tion of potential risks and benefits to 
project developers associated with in-
creased storage of carbon dioxide cap-
tured from stationary sources in deep 
saline formations, using existing re-
search; 
‘‘(II) recommendations for man-
aging the potential risks identified 
under subclause (I), including poten-
tial risks unique to public land; and 
‘‘(III) recommendations for Fed-
eral legislation or other policy changes 
to mitigate any potential risks identi-
fied under subclause (I). 
‘‘(D) GAO REPORT.—Not later than 5 years 
after the date of enactment of the Utilizing Sig-
nificant Emissions with Innovative Technologies 
Act, the Comptroller General of the United 
States shall submit to Congress a report that— 
‘‘(i) identifies all Federal grant pro-
grams in which a purpose of a grant under 
the program is to perform research on car-
bon capture and utilization technologies, in-
cluding direct air capture technologies; and 
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2641 
‘‘(ii) examines the extent to which the 
Federal grant programs identified pursuant 
to clause (i) overlap or are duplicative.’’. 
(c) CARBON UTILIZATION PROGRAM.— 
(1) IN GENERAL.—Subtitle F of title IX of the 
Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) 
is amended by inserting after section 968 the fol-
lowing: 
‘‘SEC. 969. CARBON UTILIZATION PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator of the Environmental Protection 
Agency, shall carry out a program of research, development, 
demonstration, and commercialization relating to carbon 
utilization. 
‘‘(b) ACTIVITIES.—Under the program described in 
subsection (a), the Secretary shall— 
‘‘(1) assess and monitor— 
‘‘(A) potential changes in lifecycle carbon 
dioxide and other greenhouse gas emissions; and 
‘‘(B) other environmental safety indicators 
of new technologies, practices, processes, or meth-
ods used in enhanced hydrocarbon recovery as 
part of the activities authorized under section 
963; 
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2642 
‘‘(2) identify and evaluate novel uses for carbon 
(including conversion of carbon oxides) that, on a full 
lifecycle basis, achieve a permanent reduction, or 
avoidance of a net increase, in carbon dioxide in the 
atmosphere, for use in commercial and industrial 
products such as— 
‘‘(A) chemicals; 
‘‘(B) plastics; 
‘‘(C) building materials; 
‘‘(D) fuels; 
‘‘(E) cement; 
‘‘(F) products of coal utilization in power 
systems or in other applications; and 
‘‘(G) other products with demonstrated 
market value; 
‘‘(3) identify and assess carbon capture tech-
nologies for industrial systems; and 
‘‘(4) identify and assess alternative uses for coal 
that result in zero net emissions of carbon dioxide or 
other pollutants, including products derived from car-
bon engineering, carbon fiber, and coal conversion 
methods. 
‘‘(c) PRIORITIZATION.—In supporting demonstration 
and commercialization research under the program de-
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2643 
scribed in subsection (a), the Secretary shall prioritize con-
sideration of projects that— 
‘‘(1) have access to a carbon dioxide emissions 
stream generated by a stationary source in the United 
States that is capable of supplying not less than 250 
metric tons per day of carbon dioxide for research; 
‘‘(2) have access to equipment for testing small- 
scale carbon dioxide utilization technologies, with on-
site access to larger test bays for scale-up; and 
‘‘(3) have 1 or more existing partnerships with 
a National Laboratory, an institution of higher edu-
cation, a private company, or a State or other gov-
ernment entity. 
‘‘(d) COORDINATION.—The Secretary shall coordinate 
the activities authorized under this section with the activi-
ties authorized in section 969A as part of a single consoli-
dated program of the Department. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $50,000,000, to remain available until ex-
pended.’’. 
(2) STUDY.— 
(A) IN GENERAL.—The Secretary of Energy, 
in consultation with the Administrator of the 
Environmental Protection Agency, shall seek to 
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2644 
enter into an agreement with the National Acad-
emies of Sciences, Engineering, and Medicine to 
conduct a study that assesses the barriers and 
opportunities relating to the commercial applica-
tion of carbon dioxide in the United States. 
(B) CONTENTS.—The study under subpara-
graph (A) shall— 
(i) analyze the technical feasibility, re-
lated challenges, and impacts of— 
(I) commercializing carbon diox-
ide; and 
(II) as part of that commer-
cialization— 
(aa) creating a national sys-
tem of carbon dioxide pipelines 
and geologic sequestration sites; 
(bb) 
mitigating 
environ-
mental and landowner impacts; 
and 
(cc) regional economic chal-
lenges and regional economic op-
portunities; 
(ii) identify potential markets, indus-
tries, or sectors that may benefit from great-
er access to commercial carbon dioxide; 
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2645 
(iii) assess the current state of infra-
structure and any necessary updates to that 
infrastructure to allow for the integration of 
safe and reliable carbon dioxide transpor-
tation, utilization, and storage; 
(iv)(I) estimate the economic, climate, 
and environmental impacts of any well-in-
tegrated national carbon dioxide pipeline 
system; and 
(II) suggest policies that could improve 
the economic impact of that system; 
(v) 
assess 
the 
global 
status 
and 
progress of existing chemical and biological 
carbon utilization technologies that utilize 
waste carbon (including carbon dioxide, 
carbon monoxide, methane, and biogas) 
from power generation, biofuels production, 
and other industrial processes relevant to 
minimizing net greenhouse gas emissions; 
(vi) identify emerging technologies for 
and approaches to carbon utilization that 
show promise for scale-up, demonstration, 
deployment, and commercialization relevant 
to minimizing net greenhouse gas emissions; 
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2646 
(vii) analyze the factors associated 
with making carbon utilization technologies 
relevant to minimizing net greenhouse gas 
emissions viable at a commercial scale, in-
cluding carbon waste stream availability, 
economics, market capacity, and energy and 
lifecycle requirements; 
(viii)(I) assess the major technical 
challenges associated with increasing the 
commercial viability of carbon reuse tech-
nologies; and 
(II) identify the research and develop-
ment questions that will address those chal-
lenges; 
(ix)(I) assess current research efforts, 
including engineering and computational 
research, that address the challenges de-
scribed in clause (viii)(I); and 
(II) identify any gaps in the current 
research portfolio; and 
(x) develop a comprehensive research 
agenda that addresses both long- and short- 
term research needs and opportunities for 
carbon capture utilization and storage tech-
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2647 
nologies relevant to minimizing net green-
house gas emissions. 
(3) TECHNICAL AMENDMENT.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 
109–58; 119 Stat. 600) is amended by inserting after 
the item relating to section 968 the following: 
‘‘Sec. 969. Carbon utilization program.’’. 
(d) IMPROVEMENT OF PERMITTING PROCESS FOR CAR-
BON
DIOXIDE
CAPTURE
AND
INFRASTRUCTURE 
PROJECTS.— 
(1) INCLUSION
OF
CARBON
CAPTURE
INFRA-
STRUCTURE
PROJECTS.—Section 41001(6) of the 
FAST Act (42 U.S.C. 4370m(6)) is amended— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by inserting ‘‘carbon capture,’’ after ‘‘man-
ufacturing,’’; 
(ii) in clause (i)(III), by striking ‘‘or’’ 
at the end; 
(iii) by redesignating clause (ii) as 
clause (iii); and 
(iv) by inserting after clause (i) the 
following: 
‘‘(ii) is covered by a programmatic 
plan or environmental review developed for 
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2648 
the primary purpose of facilitating develop-
ment of carbon dioxide pipelines; or’’; and 
(B) by adding at the end the following: 
‘‘(C) INCLUSION.—For purposes of subpara-
graph (A), construction of infrastructure for car-
bon capture includes construction of— 
‘‘(i) any facility, technology, or system 
that captures, utilizes, or sequesters carbon 
dioxide emissions, including projects for di-
rect air capture (as defined in paragraph 
(6)(B)(i) of section 103(g) of the Clean Air 
Act (42 U.S.C. 7403(g)); and 
‘‘(ii) carbon dioxide pipelines.’’. 
(2) DEVELOPMENT OF CARBON CAPTURE, UTILI-
ZATION, AND SEQUESTRATION REPORT, PERMITTING 
GUIDANCE, 
AND
REGIONAL
PERMITTING
TASK 
FORCE.— 
(A) DEFINITIONS.—In this paragraph: 
(i) CARBON
CAPTURE, UTILIZATION, 
AND SEQUESTRATION PROJECTS.—The term 
‘‘carbon capture, utilization, and sequestra-
tion projects’’ includes projects for direct air 
capture (as defined in paragraph (6)(B)(i) 
of section 103(g) of the Clean Air Act (42 
U.S.C. 7403(g))). 
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2649 
(ii) EFFICIENT, ORDERLY, AND
RE-
SPONSIBLE.—The term ‘‘efficient, orderly, 
and responsible’’ means, with respect to de-
velopment or the permitting process for car-
bon capture, utilization, and sequestration 
projects and carbon dioxide pipelines, a 
process that promotes environmental, health, 
and safety protections while maintaining a 
process that is completed in an expeditious 
manner. 
(B) REPORT.— 
(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Chair of the Council on Environmental 
Quality (referred to in this section as the 
‘‘Chair’’), in consultation with the Adminis-
trator of the Environmental Protection 
Agency, the Secretary of Energy, the Sec-
retary of the Interior, the Secretary of 
Transportation, the Executive Director of 
the Federal Permitting Improvement Coun-
cil, and the head of any other relevant Fed-
eral agency (as determined by the Presi-
dent), shall prepare a report that— 
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2650 
(I) compiles all existing relevant 
Federal permitting and review infor-
mation and resources for project appli-
cants, agencies, and other stakeholders 
interested in the deployment and im-
pact of carbon capture, utilization, and 
sequestration projects and carbon diox-
ide pipelines, including— 
(aa) the appropriate points 
of interaction with Federal agen-
cies; 
(bb) clarification of the per-
mitting responsibilities and au-
thorities among Federal agencies; 
and 
(cc) best practices and tem-
plates for permitting in an effi-
cient, orderly, and responsible 
manner, including through im-
proved staff capacity and train-
ing at Federal permitting agen-
cies; 
(II) inventories current or emerg-
ing activities that transform captured 
carbon dioxide into a product of com-
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2651 
mercial value, or as an input to prod-
ucts of commercial value; 
(III) inventories existing initia-
tives and recent publications that ana-
lyze or identify priority carbon dioxide 
pipelines needed to enable efficient, or-
derly, and responsible development of 
carbon capture, utilization, and seques-
tration projects at increased scale; 
(IV) identifies gaps in the current 
Federal regulatory framework for the 
deployment of carbon capture, utiliza-
tion, and sequestration projects and 
carbon dioxide pipelines; 
(V) identifies Federal financing 
mechanisms available to project devel-
opers; and 
(VI) identifies public engagement 
opportunities through existing laws, 
including under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(ii) SUBMISSION; PUBLICATION.—The 
Chair shall— 
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2652 
(I) submit the report under clause 
(i) to the Committee on Environment 
and Public Works of the Senate and 
the Committee on Energy and Com-
merce, the Committee on Natural Re-
sources, and the Committee on Trans-
portation and Infrastructure of the 
House of Representatives; and 
(II) as soon as practicable, make 
the report publicly available. 
(C) GUIDANCE.— 
(i) IN GENERAL.—After submission of 
the report under subparagraph (B)(ii), but 
not later than 1 year after the date of enact-
ment of this Act, the Chair shall submit 
guidance consistent with that report to all 
relevant Federal agencies that— 
(I) facilitates reviews associated 
with the deployment of carbon capture, 
utilization, and sequestration projects 
and carbon dioxide pipelines; and 
(II) supports the efficient, orderly, 
and responsible development of carbon 
capture, utilization, and sequestration 
projects and carbon dioxide pipelines. 
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2653 
(ii) REQUIREMENTS.— 
(I) IN
GENERAL.—The guidance 
under clause (i) shall address applica-
ble requirements under— 
(aa) the National Environ-
mental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(bb) the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 
et seq.); 
(cc) the Clean Air Act (42 
U.S.C. 7401 et seq.); 
(dd) 
the 
Safe 
Drinking 
Water Act (42 U.S.C. 300f et 
seq.); 
(ee) the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et 
seq.); 
(ff) division A of subtitle III 
of title 54, United States Code 
(formerly known as the ‘‘National 
Historic Preservation Act’’); 
(gg) 
the 
Migratory 
Bird 
Treaty Act (16 U.S.C. 703 et 
seq.); 
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2654 
(hh) the Act of June 8, 1940 
(16 U.S.C. 668 et seq.) (commonly 
known as the ‘‘Bald and Golden 
Eagle Protection Act’’); 
(ii) chapter 601 of title 49, 
United States Code (including 
those provisions formerly cited as 
the Natural Gas Pipeline Safety 
Act of 1968 (Public Law 90–481; 
82 Stat. 720) and the Hazardous 
Liquid Pipeline Safety Act of 
1979 (Public Law 96–129; 93 
Stat. 1003)); and 
(jj) any other Federal law 
that the Chair determines to be 
appropriate. 
(II) ENVIRONMENTAL REVIEWS.— 
The guidance under clause (i) shall in-
clude direction to States and other in-
terested parties for the development of 
programmatic environmental reviews 
under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for carbon capture, utilization, 
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2655 
and sequestration projects and carbon 
dioxide pipelines. 
(III) PUBLIC INVOLVEMENT.—The 
guidance under clause (i) shall be sub-
ject to the public notice, comment, and 
solicitation of information procedures 
under section 1506.6 of title 40, Code 
of Federal Regulations (or a successor 
regulation). 
(iii) SUBMISSION; PUBLICATION.—The 
Chair shall— 
(I) submit the guidance under 
clause (i) to the Committee on Envi-
ronment and Public Works of the Sen-
ate and the Committee on Energy and 
Commerce, the Committee on Natural 
Resources, and the Committee on 
Transportation and Infrastructure of 
the House of Representatives; and 
(II) as soon as practicable, make 
the guidance publicly available. 
(iv) EVALUATION.—The Chair shall— 
(I) periodically evaluate the re-
ports of the task forces under subpara-
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2656 
graph (D)(v) and, as necessary, revise 
the guidance under clause (i); and 
(II) each year, submit to the Com-
mittee on Environment and Public 
Works of the Senate, the Committee on 
Energy and Commerce, the Committee 
on Natural Resources, and the Com-
mittee on Transportation and Infra-
structure of the House of Representa-
tives, and relevant Federal agencies a 
report that describes any recommenda-
tions for rules, revisions to rules, or 
other policies that would address the 
issues identified by the task forces 
under subparagraph (D)(v). 
(D) TASK FORCES.— 
(i) ESTABLISHMENT.—Not later than 
18 months after the date of enactment of 
this Act, the Chair shall establish not less 
than 2 task forces, which shall each cover a 
different geographical area with differing 
demographic, 
land 
use, 
or 
geological 
issues— 
(I) to identify permitting and 
other challenges and successes that per-
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2657 
mitting authorities and project devel-
opers and operators face in permitting 
projects in an efficient, orderly, and 
responsible manner; and 
(II) to improve the performance of 
the permitting process and regional co-
ordination for the purpose of pro-
moting the efficient, orderly, and re-
sponsible development of carbon cap-
ture, utilization, and sequestration 
projects and carbon dioxide pipelines. 
(ii) MEMBERS AND SELECTION.— 
(I) 
IN
GENERAL.—The 
Chair 
shall— 
(aa) develop criteria for the 
selection of members to each task 
force; and 
(bb) select members for each 
task force in accordance with item 
(aa) and subclause (II). 
(II) 
MEMBERS.—Each 
task 
force— 
(aa) shall include not less 
than 1 representative of each of— 
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2658 
(AA) the Environmental 
Protection Agency; 
(BB) the Department of 
Energy; 
(CC) the Department of 
the Interior; 
(DD) the Pipeline and 
Hazardous Materials Safety 
Administration; 
(EE) any other Federal 
agency the Chair determines 
to be appropriate; 
(FF) any State that re-
quests participation in the 
geographical area covered by 
the task force; 
(GG) developers or oper-
ators of carbon capture, uti-
lization, and sequestration 
projects or carbon dioxide 
pipelines; and 
(HH) nongovernmental 
membership 
organizations, 
the 
primary 
mission 
of 
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2659 
which concerns protection of 
the environment; 
(bb) at the request of a Trib-
al or local government, may in-
clude a representative of— 
(AA) not less than 1 
local government in the geo-
graphical area covered by the 
task force; and 
(BB) not less than 1 
Tribal government in the 
geographical area covered by 
the task force; and 
(cc) shall include 1 expert in 
each of the following fields— 
(AA) health and envi-
ronmental effects, including 
exposure evaluation; and 
(BB) pipeline safety. 
(iii) MEETINGS.— 
(I) IN GENERAL.—Each task force 
shall meet not less than twice each 
year. 
(II) JOINT
MEETING.—To the 
maximum extent practicable, the task 
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2660 
forces shall meet collectively not less 
than once each year. 
(iv) DUTIES.—Each task force shall— 
(I) inventory existing or potential 
Federal and State approaches to facili-
tate reviews associated with the deploy-
ment of carbon capture, utilization, 
and sequestration projects and carbon 
dioxide pipelines, including best prac-
tices that— 
(aa) avoid duplicative re-
views to the extent permitted by 
law; 
(bb) engage stakeholders early 
in the permitting process; and 
(cc) make the permitting 
process efficient, orderly, and re-
sponsible; 
(II) develop common models for 
State-level carbon dioxide pipeline reg-
ulation and oversight guidelines that 
can be shared with States in the geo-
graphical area covered by the task 
force; 
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2661 
(III) provide technical assistance 
to States in the geographical area cov-
ered by the task force in implementing 
regulatory requirements and any mod-
els developed under subclause (II); 
(IV) inventory current or emerg-
ing activities that transform captured 
carbon dioxide into a product of com-
mercial value, or as an input to prod-
ucts of commercial value; 
(V) identify any priority carbon 
dioxide pipelines needed to enable effi-
cient, orderly, and responsible develop-
ment of carbon capture, utilization, 
and sequestration projects at increased 
scale; 
(VI) identify gaps in the current 
Federal and State regulatory frame-
work and in existing data for the de-
ployment of carbon capture, utiliza-
tion, and sequestration projects and 
carbon dioxide pipelines; 
(VII) identify Federal and State 
financing mechanisms available to 
project developers; and 
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2662 
(VIII) develop recommendations 
for relevant Federal agencies on how to 
develop 
and 
research 
technologies 
that— 
(aa) can capture carbon di-
oxide; and 
(bb) would be able to be de-
ployed within the region covered 
by the task force, including any 
projects that have received tech-
nical or financial assistance for 
research under paragraph (6) of 
section 103(g) of the Clean Air 
Act (42 U.S.C. 7403(g)). 
(v) REPORT.—Each year, each task 
force shall prepare and submit to the Chair 
and to the other task forces a report that in-
cludes— 
(I) any recommendations for im-
provements in efficient, orderly, and 
responsible issuance or administration 
of Federal permits and other Federal 
authorizations required under a law 
described in subparagraph (C)(ii)(I); 
and 
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2663 
(II) any other nationally relevant 
information that the task force has col-
lected in carrying out the duties under 
clause (iv). 
(vi) EVALUATION.—Not later than 5 
years after the date of enactment of this Act, 
the Chair shall— 
(I) reevaluate the need for the task 
forces; and 
(II) submit to Congress a rec-
ommendation as to whether the task 
forces should continue. 
SEC. 103. AMERICAN INNOVATION AND MANUFACTURING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘American Innovation and Manufacturing Act of 2020’’. 
(b) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ALLOWANCE.—The term ‘‘allowance’’ means 
a limited authorization for the production or con-
sumption of a regulated substance established under 
subsection (e). 
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2664 
(3) CONSUMPTION.—The term ‘‘consumption’’, 
with respect to a regulated substance, means a quan-
tity equal to the difference between— 
(A) a quantity equal to the sum of— 
(i) the quantity of that regulated sub-
stance produced in the United States; and 
(ii) the quantity of the regulated sub-
stance imported into the United States; and 
(B) the quantity of the regulated substance 
exported from the United States. 
(4) CONSUMPTION BASELINE.—The term ‘‘con-
sumption baseline’’ means the baseline established for 
the consumption of regulated substances under sub-
section (e)(1)(C). 
(5) EXCHANGE
VALUE.—The term ‘‘exchange 
value’’ means the value assigned to a regulated sub-
stance in accordance with subsections (c) and (e), as 
applicable. 
(6) IMPORT.—The term ‘‘import’’ means to land 
on, bring into, or introduce into, or attempt to land 
on, bring into, or introduce into, any place subject to 
the jurisdiction of the United States, regardless of 
whether that landing, bringing, or introduction con-
stitutes an importation within the meaning of the 
customs laws of the United States. 
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(7) PRODUCE.— 
(A) IN
GENERAL.—The term ‘‘produce’’ 
means the manufacture of a regulated substance 
from a raw material or feedstock chemical (but 
not including the destruction of a regulated sub-
stance by a technology approved by the Adminis-
trator). 
(B) EXCLUSIONS.—The term ‘‘produce’’ 
does not include— 
(i) the manufacture of a regulated sub-
stance that is used and entirely consumed 
(except for trace quantities) in the manufac-
ture of another chemical; or 
(ii) the reclamation, reuse, or recycling 
of a regulated substance. 
(8) PRODUCTION BASELINE.—The term ‘‘produc-
tion baseline’’ means the baseline established for the 
production of regulated substances under subsection 
(e)(1)(B). 
(9) RECLAIM; RECLAMATION.—The terms ‘‘re-
claim’’ and ‘‘reclamation’’ mean— 
(A) the reprocessing of a recovered regulated 
substance to at least the purity described in 
standard 700–2016 of the Air-Conditioning, 
Heating, and Refrigeration Institute (or an ap-
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2666 
propriate successor standard adopted by the Ad-
ministrator); and 
(B) the verification of the purity of that 
regulated substance using, at a minimum, the 
analytical methodology described in the standard 
referred to in subparagraph (A). 
(10) RECOVER.—The term ‘‘recover’’ means the 
process by which a regulated substance is— 
(A) removed, in any condition, from equip-
ment; and 
(B) stored in an external container, with or 
without testing or processing the regulated sub-
stance. 
(11) REGULATED SUBSTANCE.—The term ‘‘regu-
lated substance’’ means— 
(A) a substance listed in the table contained 
in subsection (c)(1); and 
(B) a substance included as a regulated sub-
stance by the Administrator under subsection 
(c)(3). 
(c) LISTING OF REGULATED SUBSTANCES.— 
(1) LIST OF REGULATED SUBSTANCES.—Each of 
the following substances, and any isomers of such a 
substance, shall be a regulated substance: 
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Chemical Name 
Common Name 
Exchange 
Value 
CHF2CHF2 
HFC–134 
1100
CH2FCF3 
HFC–134a 
1430
CH2FCHF2 
HFC–143 
353
CHF2CH2CF3 
HFC–245fa 
1030
CF3CH2CF2CH3 
HFC–365mfc 
794
CF3CHFCF3 
HFC–227ea 
3220
CH2FCF2CF3 
HFC–236cb 
1340
CHF2CHFCF3 
HFC–236ea 
1370
CF3CH2CF3 
HFC–236fa 
9810
CH2FCF2CHF2 
HFC–245ca 
693
CF3CHFCHFCF2CF3 
HFC–43–10mee 
1640
CH2F2 
HFC–32 
675
CHF2CF3 
HFC–125 
3500
CH3CF3 
HFC–143a 
4470
CH3F 
HFC–41 
CH2FCH2F 
HFC–152 
CH3CHF2 
HFC–152a 
124
CHF3 
HFC–23 
14800. 
(2) REVIEW.—The Administrator may— 
(A) review the exchange values listed in the 
table contained in paragraph (1) on a periodic 
basis; and 
(B) subject to notice and opportunity for 
public comment, adjust the exchange values sole-
ly on the basis of— 
(i) the best available science; and 
(ii) other information consistent with 
widely used or commonly accepted existing 
exchange values. 
(3) OTHER REGULATED SUBSTANCES.— 
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(A) IN GENERAL.—Subject to notice and op-
portunity for public comment, the Administrator 
may designate a substance not included in the 
table contained in paragraph (1) as a regulated 
substance if— 
(i) the substance— 
(I) is a chemical substance that is 
a saturated hydrofluorocarbon; and 
(II) has an exchange value, as de-
termined by the Administrator in ac-
cordance with the basis described in 
paragraph (2)(B), of greater than 53; 
and 
(ii) the designation of the substance as 
a regulated substance would be consistent 
with the purposes of this section. 
(B) SAVINGS PROVISION.— 
(i) IN
GENERAL.—Nothing in this 
paragraph authorizes the Administrator to 
designate as a regulated substance a blend 
of substances that includes a saturated 
hydrofluorocarbon for purposes of phasing 
down production or consumption of regu-
lated substances under subsection (e), even if 
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the saturated hydrofluorocarbon is, or may 
be, designated as a regulated substance. 
(ii) AUTHORITY OF ADMINISTRATOR.— 
Clause (i) does not affect the authority of 
the Administrator to regulate under this Act 
a regulated substance within a blend of sub-
stances. 
(d) MONITORING AND REPORTING REQUIREMENTS.— 
(1) PRODUCTION, IMPORT, AND EXPORT LEVEL 
REPORTS.— 
(A) IN GENERAL.—On a periodic basis, to 
be determined by the Administrator, but not less 
frequently than annually, each person who, with-
in the applicable reporting period, produces, im-
ports, exports, destroys, transforms, uses as a 
process agent, or reclaims a regulated substance 
shall submit to the Administrator a report that 
describes, as applicable, the quantity of the regu-
lated substance that the person— 
(i) produced, imported, and exported; 
(ii) reclaimed; 
(iii) destroyed by a technology ap-
proved by the Administrator; 
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(iv) used and entirely consumed (ex-
cept for trace quantities) in the manufac-
ture of another chemical; or 
(v) used as a process agent. 
(B) REQUIREMENTS.— 
(i) SIGNED AND ATTESTED.—The re-
port under subparagraph (A) shall be 
signed and attested by a responsible officer 
(within the meaning of the Clean Air Act 
(42 U.S.C. 7401 et seq.)). 
(ii) 
NO
FURTHER
REPORTS
RE-
QUIRED.—A report under subparagraph (A) 
shall not be required from a person if the 
person— 
(I) permanently ceases produc-
tion, importation, exportation, destruc-
tion, transformation, use as a process 
agent, or reclamation of all regulated 
substances; and 
(II) notifies the Administrator in 
writing that the requirement under 
subclause (I) has been met. 
(iii) BASELINE PERIOD.—Each report 
under subparagraph (A) shall include, as 
applicable, the information described in 
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that subparagraph for the baseline period of 
calendar years 2011 through 2013. 
(2) COORDINATION.—The Administrator may 
allow any person subject to the requirements of para-
graph (1)(A) to combine and include the information 
required to be reported under that paragraph with 
any other related information that the person is re-
quired to report to the Administrator. 
(e) PHASE-DOWN OF PRODUCTION AND CONSUMPTION 
OF REGULATED SUBSTANCES.— 
(1) BASELINES.— 
(A) IN GENERAL.—Subject to subparagraph 
(D), the Administrator shall establish for the 
phase-down of regulated substances— 
(i) a production baseline for the pro-
duction of all regulated substances in the 
United States, as described in subparagraph 
(B); and 
(ii) a consumption baseline for the con-
sumption of all regulated substances in the 
United States, as described in subparagraph 
(C). 
(B) PRODUCTION BASELINE DESCRIBED.— 
The production baseline referred to in subpara-
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graph (A)(i) is the quantity equal to the sum 
of— 
(i) the average annual quantity of all 
regulated substances produced in the United 
States during the period— 
(I) beginning on January 1, 
2011; and 
(II) ending on December 31, 2013; 
and 
(ii) the quantity equal to the sum of— 
(I) 15 percent of the production 
level of hydrochlorofluorocarbons in 
calendar year 1989; and 
(II) 0.42 percent of the production 
level of chlorofluorocarbons in calendar 
year 1989. 
(C) CONSUMPTION BASELINE DESCRIBED.— 
The consumption baseline referred to in subpara-
graph (A)(ii) is the quantity equal to the sum 
of— 
(i) the average annual quantity of all 
regulated 
substances 
consumed 
in 
the 
United States during the period— 
(I) beginning on January 1, 
2011; and 
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(II) ending on December 31, 2013; 
and 
(ii) the quantity equal to the sum of— 
(I) 15 percent of the consumption 
level of hydrochlorofluorocarbons in 
calendar year 1989; and 
(II) 0.42 percent of the consump-
tion level of chlorofluorocarbons in cal-
endar year 1989. 
(D) EXCHANGE VALUES.— 
(i) IN GENERAL.—For purposes of es-
tablishing the baselines pursuant to sub-
paragraphs (B) and (C), the Administrator 
shall use the exchange values listed in the 
table contained in subsection (c)(1) for reg-
ulated substances and the following ex-
change values for hydrochlorofluorocarbons 
and chlorofluorocarbons: 
Table 2 
Chemical Name 
Common Name 
Exchange 
Value 
CHFC12 
HCFC–21 
151 
CHF2C1 
HCFC–22 
1810 
C2HF3C12 
HCFC–123 
C2HF4C1 
HCFC–124 
609 
CH3CFC12 
HCFC–141b 
725 
CH3CF2C1 
HCFC–142b 
2310 
CF3CF2CHC12 
HCFC–225ca 
122 
CF2C1CF2CHC1F 
HCFC–225cb 
595 
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2674 
Table 3 
Chemical Name 
Common Name 
Exchange 
Value 
CFC13 
CFC–11 
4750 
CF2C12 
CFC–12 
10900 
C2F3C13 
CFC–113 
6130 
C2F4C12 
CFC–114 
10000 
C2F5C1 
CFC–115 
7370 
(ii) 
REVIEW.—The 
Administrator 
may— 
(I) review the exchange values 
listed in the tables contained in clause 
(i) on a periodic basis; and 
(II) subject to notice and oppor-
tunity for public comment, adjust the 
exchange values solely on the basis of— 
(aa) 
the 
best 
available 
science; and 
(bb) other information con-
sistent with widely used or com-
monly accepted existing exchange 
values. 
(2) PRODUCTION
AND
CONSUMPTION
PHASE- 
DOWN.— 
(A) IN GENERAL.—During the period begin-
ning on January 1 of each year listed in the 
table contained in subparagraph (C) and ending 
on December 31 of the year before the next year 
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listed on that table, except as otherwise permitted 
under this section, no person shall— 
(i) produce a quantity of a regulated 
substance without a corresponding quantity 
of production allowances, except as provided 
in paragraph (5); 
(ii) consume a quantity of a regulated 
substance without a corresponding quantity 
of consumption allowances; or 
(iii) hold, use, or transfer any produc-
tion allowance or consumption allowance 
allocated under this section except in ac-
cordance with regulations promulgated by 
the Administrator pursuant to subsection 
(g). 
(B) COMPLIANCE.—For each year listed on 
the table contained in subparagraph (C), the Ad-
ministrator shall ensure that the annual quan-
tity of all regulated substances produced or con-
sumed in the United States does not exceed the 
product obtained by multiplying— 
(i) the production baseline or consump-
tion baseline, as applicable; and 
(ii) the applicable percentage listed on 
the table contained in subparagraph (C). 
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2676 
(C) RELATION TO BASELINE.—On January 
1 of each year listed in the following table, the 
Administrator shall apply the applicable per-
centage, as described in subparagraph (A): 
Date 
Percentage of 
Production Base-
line 
Percentage of 
Consumption 
Baseline 
2020–2023 
90 percent 
90 percent 
2024–2028 
60 percent 
60 percent 
2029–2033 
30 percent 
30 percent 
2034–2035 
20 percent 
20 percent 
2036 and thereafter 
15 percent 
15 percent 
(D) ALLOWANCES.— 
(i) QUANTITY.—Not later than October 
1 of each calendar year, the Administrator 
shall use the quantity calculated under sub-
paragraph (B) to determine the quantity of 
allowances for the production and consump-
tion of regulated substances that may be 
used for the following calendar year. 
(ii) NATURE OF ALLOWANCES.— 
(I) IN
GENERAL.—An allowance 
allocated under this section— 
(aa) does not constitute a 
property right; and 
(bb) is a limited authoriza-
tion for the production or con-
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2677 
sumption of a regulated substance 
under this section. 
(II) SAVINGS
PROVISION.—Noth-
ing in this section or in any other pro-
vision of law limits the authority of 
the United States to terminate or limit 
an authorization described in subclause 
(I)(bb). 
(3) REGULATIONS REGARDING PRODUCTION AND 
CONSUMPTION
OF
REGULATED
SUBSTANCES.—Not 
later than 270 days after the date of enactment of this 
Act, which shall include a period of notice and oppor-
tunity for public comment, the Administrator shall 
issue a final rule— 
(A) phasing down the production of regu-
lated substances in the United States through an 
allowance allocation and trading program in ac-
cordance with this section; and 
(B) phasing down the consumption of regu-
lated substances in the United States through an 
allowance allocation and trading program in ac-
cordance with the schedule under paragraph 
(2)(C) (subject to the same exceptions and other 
requirements as are applicable to the phase-down 
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2678 
of production of regulated substances under this 
section). 
(4) EXCEPTIONS; ESSENTIAL USES.— 
(A) FEEDSTOCKS AND PROCESS AGENTS.— 
Except for the reporting requirements described 
in subsection (d)(1), this section does not apply 
to— 
(i) a regulated substance that is used 
and entirely consumed (except for trace 
quantities) in the manufacture of another 
chemical; or 
(ii) a regulated substance that is used 
and not entirely consumed in the manufac-
ture of another chemical, if the remaining 
amounts of the regulated substance are sub-
sequently destroyed. 
(B) ESSENTIAL USES.— 
(i) IN
GENERAL.—Beginning on the 
date of enactment of this Act and subject to 
paragraphs (2) and (3) and clauses (ii) and 
(iii), the Administrator may, by rule, after 
considering technical achievability, commer-
cial demands, affordability for residential 
and small business consumers, safety, and 
other relevant factors, including overall eco-
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2679 
nomic costs and environmental impacts 
compared to historical trends, allocate a 
quantity of allowances for a period of not 
more than 5 years for the production and 
consumption of a regulated substance exclu-
sively for the use of the regulated substance 
in an application, if— 
(I) no safe or technically achiev-
able substitute will be available during 
the applicable period for that applica-
tion; and 
(II) the supply of the regulated 
substance that manufacturers or users 
of the regulated substance for that ap-
plication are capable of securing from 
chemical manufacturers, as authorized 
under paragraph (2)(A), including any 
quantities of a regulated substance 
available from production or import, is 
insufficient to accommodate the appli-
cation. 
(ii) PETITION.—If the Administrator 
receives a petition requesting the designa-
tion of an application as an essential use 
under clause (i), the Administrator shall— 
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(I) not later than 180 days after 
the date on which the Administrator 
receives the petition— 
(aa) make the complete peti-
tion available to the public; and 
(bb) when making the peti-
tion available to the public under 
item (aa), propose and seek public 
comment on— 
(AA) a determination of 
whether to designate the ap-
plication as an essential use; 
and 
(BB) if the Adminis-
trator proposes to designate 
the application as an essen-
tial use, making the requisite 
allocation of allowances; and 
(II) not later than 270 days after 
the date on which the Administrator 
receives the petition, take final action 
on the petition. 
(iii) LIMITATION.—A person receiving 
an allocation under clause (i) or (iv) or as 
a result of a petition granted under clause 
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2681 
(ii) may not produce or consume a pro-
duced quantity of regulated substances that, 
considering the respective exchange values of 
the regulated substances, exceeds the number 
of allowances issued under paragraphs (2) 
and (3) that are held by that person. 
(iv) MANDATORY ALLOCATIONS.— 
(I) 
IN
GENERAL.—Notwith-
standing clause (i) and subject to 
clause (iii) and paragraphs (2) and 
(3), for the 5-year period beginning on 
the date of enactment of this Act, the 
Administrator shall allocate the full 
quantity of allowances necessary, based 
on projected, current, and historical 
trends, for the production or consump-
tion of a regulated substance for the ex-
clusive use of the regulated substance 
in an application solely for— 
(aa) a propellant in metered- 
dose inhalers; 
(bb) defense sprays; 
(cc) 
structural 
composite 
preformed polyurethane foam for 
marine use and trailer use; 
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(dd) the etching of semicon-
ductor material or wafers and the 
cleaning of chemical vapor deposi-
tion chambers within the semicon-
ductor manufacturing sector; 
(ee) mission-critical military 
end uses, such as armored vehicle 
engine and shipboard fire sup-
pression systems and systems used 
in deployable and expeditionary 
applications; and 
(ff) onboard aerospace fire 
suppression. 
(II) REQUIREMENT.—The alloca-
tion of allowances under subclause (I) 
shall be determined through a rule-
making. 
(v) REVIEW.— 
(I) IN GENERAL.—For each essen-
tial use application receiving an allo-
cation of allowances under clause (i) or 
(iv), the Administrator shall review the 
availability of substitutes, including 
any quantities of the regulated sub-
stance available from reclaiming or 
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2683 
prior production, not less frequently 
than once every 5 years. 
(II) EXTENSION.—If, pursuant to 
a review under subclause (I), the Ad-
ministrator determines, subject to no-
tice and opportunity for public com-
ment, that the requirements described 
in subclauses (I) and (II) of clause (i) 
are met, the Administrator shall au-
thorize the production or consumption, 
as applicable, of any regulated sub-
stance used in the application for re-
newable periods of not more than 5 
years for exclusive use in the applica-
tion. 
(5) 
DOMESTIC
MANUFACTURING.—Notwith-
standing paragraph (2)(A)(i), the Administrator 
may, by rule, authorize a person to produce a regu-
lated substance in excess of the number of production 
allowances held by that person, subject to the condi-
tions that— 
(A) the authorization is— 
(i) for a renewable period of not more 
than 5 years; and 
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(ii) subject to notice and opportunity 
for public comment; and 
(B) the production— 
(i) is at a facility located in the 
United States; 
(ii) is solely for export to, and use in, 
a foreign country that is not subject to the 
prohibition in subsection (j)(1); and 
(iii) would not violate paragraph 
(2)(B). 
(f) ACCELERATED SCHEDULE.— 
(1) IN GENERAL.—Subject to paragraph (4), the 
Administrator may, only in response to a petition 
submitted to the Administrator in accordance with 
paragraph (3) and after notice and opportunity for 
public comment, promulgate regulations that establish 
a schedule for phasing down the production or con-
sumption of regulated substances that is more strin-
gent than the production and consumption levels of 
regulated 
substances 
required 
under 
subsection 
(e)(2)(C). 
(2) REQUIREMENTS.—Any regulations promul-
gated under this subsection— 
(A) shall— 
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2685 
(i) apply uniformly to the allocation of 
production and consumption allowances for 
regulated substances, in accordance with 
subsection (e)(3); 
(ii) ensure that there will be sufficient 
quantities of regulated substances, including 
substances available from reclaiming, prior 
production, or prior import, to meet the 
needs for— 
(I) applications that receive an 
allocation under clause (i) of sub-
section (e)(4)(B); and 
(II) all applications that receive a 
mandatory allocation under items (aa) 
through (ff) of clause (iv)(I) of that 
subsection; and 
(iii) foster continued reclamation of 
and transition from regulated substances; 
and 
(B) shall not set the level of production al-
lowances or consumption allowances below the 
percentage of the consumption baseline that is 
actually consumed during the calendar year 
prior to the year during which the Adminis-
trator makes a final determination with respect 
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