H. R. 133—1033 
‘‘(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 relating 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’’. 
(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 provided at 
the Inspector Training and Qualifications Division of the 
Administration in Oklahoma City, Oklahoma; and 
(2) determine whether any of the programs referred to 
in paragraph (1), or any portions of the programs, could be 
provided online through teletraining or another type of distance 
learning. 
(b) STAFFING.— 
(1) IN GENERAL.—The Secretary shall increase the number 
of full-time equivalent employees (as compared to the number 
of positions on the date of enactment of this Act) by 8 full- 
time employees with subject matter expertise in pipeline safety, 
pipeline facilities, and pipeline systems to finalize outstanding 
rulemakings and fulfill congressional mandates. 
(2) PIPELINE INSPECTION AND ENFORCEMENT PERSONNEL.— 
The Secretary shall ensure that the number of full-time posi-
tions 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 incentives, as 
necessary, to recruit and retain a qualified workforce, including 
inspection and enforcement personnel and attorneys and subject 
matter experts at the Office of Pipeline Safety of the Adminis-
tration, including— 
(A) special pay rates permitted under section 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;
H. R. 133—1034 
(D) recruitment incentives permitted under section 
5753 of that title; and 
(E) retention incentives permitted under section 5754 
of that title. 
(2) CONTINUED SERVICE AGREEMENT.—The Secretary shall 
ensure that the incentives described in paragraph (1) are accom-
panied by a continued service agreement. 
(3) APPROVAL.—The Secretary shall request, as necessary, 
the approval of the Office of Personnel Management to use 
the incentives described in paragraph (1). 
SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS. 
(a) FEES FOR COMPLIANCE REVIEWS OF LIQUEFIED NATURAL 
GAS FACILITIES.—Chapter 603 of title 49, United States Code, is 
amended by inserting after section 60302 the following: 
‘‘§ 60303. Fees for compliance reviews of liquefied natural 
gas facilities 
‘‘(a) IMPOSITION OF FEE.— 
‘‘(1) 
IN
GENERAL.—The 
Secretary 
of 
Transportation 
(referred to in this section as the ‘Secretary’) shall impose 
on a person who files with the Federal Energy Regulatory 
Commission an application for a liquefied natural gas facility 
that has design and construction costs totaling not less than 
$2,500,000,000 a fee for the necessary expenses of a review, 
if any, that the Secretary conducts, in connection with that 
application, to determine compliance with subpart B of part 
193 of title 49, Code of Federal Regulations (or successor regula-
tions). 
‘‘(2) RELATION TO OTHER REVIEW.—The Secretary may not 
impose fees under paragraph (1) and section 60117(o) or 
60301(b) for the same compliance review described in paragraph 
(1). 
‘‘(b) MEANS OF COLLECTION.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe procedures 
to collect fees under this section. 
‘‘(2) USE OF GOVERNMENT ENTITIES.—The Secretary may— 
‘‘(A) use a department, agency, or instrumentality of 
the Federal Government or of a State or local government 
to collect fees under this section; and 
‘‘(B) reimburse that department, agency, or instrumen-
tality a reasonable amount for the services provided. 
‘‘(c) ACCOUNT.—There is established an account, to be known 
as the ‘Liquefied Natural Gas Siting Account’, in the Pipeline Safety 
Fund established in the Treasury of the United States under section 
60301.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
603 of title 49, United States Code, is amended by inserting after 
the item relating to section 60302 the following: 
‘‘60303. Fees for compliance reviews of liquefied natural gas facilities.’’. 
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES 
AND APPROACHES. 
(a) IN GENERAL.—Chapter 601 of title 49, United States Code, 
is amended by adding at the end the following:
H. R. 133—1035 
‘‘§ 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 sub-
section (a) may not exceed— 
‘‘(A) 5 percent of the total miles of hazardous liquid 
pipelines in the United States that are regulated by— 
‘‘(i) the Pipeline and Hazardous Materials Safety 
Administration; or 
‘‘(ii) a State authority under section 60105 or 
60106; and 
‘‘(B) 5 percent of the total miles of natural gas pipelines 
in the United States that are regulated by— 
‘‘(i) the Pipeline and Hazardous Materials Safety 
Administration; or 
‘‘(ii) a State authority under section 60105 or 
60106. 
‘‘(2) OPERATOR MILEAGE LIMITATION.—The Secretary shall 
limit the miles of pipelines that each operator can test under 
each program established under subsection (a) to the lesser 
of— 
‘‘(A) 38 percent of the total miles of pipelines in the 
system of the operator that are regulated by— 
‘‘(i) the Pipeline and Hazardous Materials Safety 
Administration; or 
‘‘(ii) a State authority under section 60105 or 
60106; or 
‘‘(B) 1,000 miles. 
‘‘(3) PROHIBITED AREAS.—Any program established 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 Regulations (or a suc-
cessor regulation)); 
‘‘(B) a high consequence area (as defined in section 
192.903 of title 49, Code of Federal Regulations (or a suc-
cessor regulation)); or 
‘‘(C) an unusually sensitive area (as described under 
subsection (a)(1)(B)(ii) of section 60109 in accordance with 
subsection (b) of that section). 
‘‘(4) HIGH
CONSEQUENCE
AREAS
FOR
HAZARDOUS
LIQUID 
PIPELINES.— 
‘‘(A) IN
GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall submit 
to Congress a report examining the benefits and costs 
of prohibiting the testing of hazardous liquid pipelines 
in high consequence areas (as defined in section 195.450 
of title 49, Code of Federal Regulations (or a successor 
regulation)). 
‘‘(B) CONTENTS OF REPORT.—The report described in 
subparagraph (A) shall examine— 
‘‘(i) the safety benefits of allowing the testing of 
hazardous liquid pipelines in high consequence areas
H. R. 133—1036 
(as defined in section 195.450 of title 49, Code of Fed-
eral Regulations (or a successor regulation)); and 
‘‘(ii) whether additional testing conditions are 
required to protect those areas while conducting a 
testing program established under subsection (a) in 
those areas. 
‘‘(c) DURATION.— 
‘‘(1) IN GENERAL.—The term of a testing program estab-
lished 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 establish any 
additional safety-enhancing testing programs 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 condi-
tion 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 testing program for a term not to exceed 
the time period described in subsection (c) if the condition 
described in paragraph (1) is met, as determined by the 
Secretary. 
‘‘(B) LIMITATION.—An order under subparagraph (A) 
shall pertain only to those regulations that would otherwise 
prevent the use of the safety technology to be tested under 
the testing program. 
‘‘(3) INCREASED
SAFETY
CAPABILITIES.—For purposes of 
paragraph (1), improvement in the reliability, accuracy, dura-
bility, or certainty of pipeline safety technologies, techniques, 
or methods shall constitute an appropriate means of meeting 
the safety measure requirement described in that paragraph. 
‘‘(e) CONSIDERATIONS.—In establishing a testing program under 
subsection (a), the Secretary shall consider— 
‘‘(1) the accident and incident record of the owners or 
operators participating in the program; 
‘‘(2)(A) whether the owners or operators participating in 
the program have a safety management system in place; and 
‘‘(B) how the application of that system proposes to elimi-
nate or mitigate potential safety and environmental risks 
throughout the duration of the program; and 
‘‘(3) whether the proposed safety technology has been tested 
through a research and development program carried out by— 
‘‘(A) the Secretary; 
‘‘(B) collaborative research development organizations; 
or 
‘‘(C) other institutions. 
‘‘(f) DATA AND FINDINGS.— 
‘‘(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.
H. R. 133—1037 
‘‘(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) summarizing the progress of the program. 
‘‘(g) AUTHORITY
TO REVOKE PARTICIPATION.—The Secretary 
shall immediately revoke participation in a testing program under 
subsection (a) if— 
‘‘(1)(A) the participant has an accident or incident involving 
death or personal injury necessitating in-patient hospitaliza-
tion; and 
‘‘(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, continued 
participation in the testing program by the participant would 
be unsafe or would not be consistent with the goals and objec-
tives of this chapter. 
‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—The Secretary shall 
immediately terminate a testing program under subsection (a) if 
continuation of the testing program would not be consistent with 
the goals and objectives of this chapter. 
‘‘(i) STATE RIGHTS.— 
‘‘(1) EXEMPTION.—Except as provided in paragraph (2), if 
a State submits to the Secretary notice that the State requests 
an exemption from any testing program considered for 
establishment under this section, the State shall be exempt. 
‘‘(2) LIMITATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall not grant a 
requested exemption under paragraph (1) after a testing 
program is established. 
‘‘(B) LATE NOTICE.—The Secretary shall not grant a 
requested exemption under paragraph (1) if the notice sub-
mitted under that paragraph is submitted to the Secretary 
more than 30 days after the date on which the Secretary 
issues an order providing an effective date for the testing 
program in accordance with subsection (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 regulations) that is inconsistent 
with a testing program in effect in the State under this section. 
‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall publish in the Fed-
eral Register and send directly to each relevant State and 
each appropriate State authority with a certification in effect 
under section 60105 a notice of each proposed testing program 
under subsection (a), including the order to be considered, 
and provide an opportunity for public comment for not less 
than 90 days. 
‘‘(2) RESPONSE FROM SECRETARY.—Not later than the date 
on which the Secretary issues an order providing an effective 
date of a testing program noticed under paragraph (1), the 
Secretary shall— 
‘‘(A) publish the order in the Federal Register; and 
‘‘(B) respond to each comment submitted under para-
graph (1).
H. R. 133—1038 
‘‘(k) REPORT TO CONGRESS.—At the conclusion of each testing 
program, the Secretary shall make publicly available on the website 
of the Department of Transportation a report containing— 
‘‘(1) the findings and conclusions of the Secretary with 
respect to the testing program; and 
‘‘(2) any recommendations of the Secretary with respect 
to the testing program, including any recommendations for 
amendments to laws (including regulations) and the establish-
ment of standards, that— 
‘‘(A) would enhance the safe operation of interstate 
gas or hazardous liquid pipeline facilities; and 
‘‘(B) are technically, operationally, and economically 
feasible. 
‘‘(l) STANDARDS.—If a report under subsection (k) indicates that 
it is practicable to establish technically, operationally, and economi-
cally feasible standards for the use of a safety-enhancing technology 
and any corresponding operational practices tested by the testing 
program described in the report, the Secretary, as soon as prac-
ticable 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 hazardous liquid 
pipeline facilities to use the relevant technology or practice 
to the extent practicable; and 
‘‘(2) establish technically, operationally, and economically 
feasible standards for the capability and deployment of the 
technology or practice.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
601 of title 49, United States Code, is amended by inserting after 
the item relating to section 60141 the following: 
‘‘60142. Pipeline safety enhancement programs.’’. 
SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY. 
Not later than 2 years after the date of enactment of this 
Act, the Secretary shall submit to the Committees on Commerce, 
Science, and Transportation and Appropriations of the Senate and 
the Committees on Transportation and Infrastructure, Energy and 
Commerce, and Appropriations of the House of Representatives 
a report relating to— 
(1) the research and development capabilities of the 
Administration, in accordance with section 12 of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
Law 107–355); 
(2)(A) the development of additional testing and research 
capabilities through the establishment of an independent pipe-
line safety testing facility under the Department of Transpor-
tation; 
(B) whether an independent pipeline safety testing facility 
would be critical to the work of the Administration; 
(C) the costs and benefits of developing an independent 
pipeline safety testing facility under the Department of 
Transportation; and 
(D) the costs and benefits of colocating an independent 
pipeline safety testing facility at an existing training center 
of the Administration; and
H. R. 133—1039 
(3) the ability of the Administration to use the testing 
facilities of the Department of Transportation, other Federal 
agencies, or federally funded research and development centers. 
SEC. 106. REGULATORY UPDATES. 
(a) DEFINITION OF OUTSTANDING MANDATE.—In this section, 
the term ‘‘outstanding mandate’’ means— 
(1) a final rule required to be issued under the Pipeline 
Safety, Regulatory Certainty, and Job Creation Act of 2011 
(Public Law 112–90; 125 Stat. 1904) that has not been pub-
lished in the Federal Register; 
(2) a final rule required to be issued under the PIPES 
Act of 2016 (Public Law 114–183; 130 Stat. 514) that has 
not been published in the Federal Register; and 
(3) any other final rule regarding gas or hazardous liquid 
pipeline facilities required to be issued under this Act or an 
Act enacted prior to the date of enactment of this Act that 
has not been published in the Federal Register. 
(b) REQUIREMENTS.— 
(1) PERIODIC UPDATES.—Not later than 30 days after the 
date of enactment of this Act, and every 30 days thereafter 
until a final rule referred to in paragraphs (1) through (3) 
of subsection (a) is published in the Federal Register, the Sec-
retary shall publish on a publicly available website of the 
Department of Transportation an update regarding the status 
of each outstanding mandate in accordance with subsection 
(c). 
(2) NOTIFICATION OF CONGRESS.—On publication of a final 
rule in the Federal Register for an outstanding mandate, the 
Secretary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committees on 
Transportation and Infrastructure and Energy and Commerce 
of the House of Representatives a notification in accordance 
with subsection (c). 
(c) CONTENTS.—An update published or a notification submitted 
under paragraph (1) or (2) of subsection (b) shall contain, as 
applicable— 
(1) with respect to information relating to the Administra-
tion— 
(A) a description of the work plan for each outstanding 
mandate; 
(B) an updated rulemaking timeline for each out-
standing mandate; 
(C) the staff allocations with respect to each out-
standing mandate; 
(D) any resource constraints affecting the rulemaking 
process for each outstanding mandate; 
(E) any other details associated with the development 
of each outstanding mandate that affect the progress of 
the rulemaking process with respect to that outstanding 
mandate; and 
(F) a description of all rulemakings regarding gas or 
hazardous liquid pipeline facilities published in the Federal 
Register that are not identified under subsection (b)(2); 
and 
(2) with respect to information relating to the Office of 
the Secretary—
H. R. 133—1040 
(A) the date that the outstanding mandate was sub-
mitted to the Office of the Secretary for review; 
(B) the reason that the outstanding mandate is under 
review beyond 45 days; 
(C) the staff allocations within the Office of the Sec-
retary with respect to each the outstanding mandate; 
(D) any resource constraints affecting review of the 
outstanding mandate; 
(E) an estimated timeline of when review of the out-
standing mandate will be complete, as of the date of the 
update; 
(F) if applicable, the date that the outstanding mandate 
was returned to the Administration for revision and the 
anticipated date for resubmission to the Office of the Sec-
retary; 
(G) the date that the outstanding mandate was sub-
mitted to the Office of Management and Budget for review; 
and 
(H) a statement of whether the outstanding mandate 
remains under review by the Office of Management and 
Budget. 
SEC. 107. SELF-DISCLOSURE OF VIOLATIONS. 
Section 60122(b)(1) of title 49, United States Code, is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
and 
(2) by adding at the end the following: 
‘‘(D) self-disclosure and correction of violations, or 
actions to correct a violation, prior to discovery by the 
Pipeline and Hazardous Materials Safety Administration; 
and’’. 
SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PRO-
CEEDINGS. 
(a) IN GENERAL.—Section 60117 of title 49, United States Code, 
is amended— 
(1) by redesignating subsections (b) through (o) as sub-
sections (c) through (p), respectively; and 
(2) by inserting after subsection (a) the following: 
‘‘(b) ENFORCEMENT PROCEDURES.— 
‘‘(1) PROCESS.—In implementing enforcement procedures 
under this chapter and part 190 of title 49, Code of Federal 
Regulations (or successor regulations), the Secretary shall— 
‘‘(A) allow the respondent to request the use of a con-
sent agreement and consent order to resolve any matter 
of fact or law asserted; 
‘‘(B) allow the respondent and the agency to convene 
1 or more meetings— 
‘‘(i) for settlement or simplification of the issues; 
or 
‘‘(ii) to aid in the disposition of issues; 
‘‘(C) require that the case file in an enforcement pro-
ceeding include all agency records pertinent to the matters 
of fact and law asserted; 
‘‘(D) allow the respondent to reply to each post-hearing 
submission of the agency;
H. R. 133—1041 
‘‘(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 burden of proof, 
presentation, and persuasion in any enforcement matter; 
‘‘(G) require that any order contain findings of relevant 
fact and conclusions of law; 
‘‘(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 reconsideration 
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 con-
troversy 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 defined 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 JUDGMENTS OPEN TO 
THE PUBLIC.—With respect to each enforcement proceeding 
under this chapter, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration shall make 
publicly available on the website of the Administration— 
‘‘(i) the charging documents; 
‘‘(ii) the written response of the respondent, 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 COLLEC-
TION 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 General of the United States shall— 
‘‘(I) review information on pipeline enforce-
ment actions that the Pipeline and Hazardous 
Materials Safety Administration makes publicly 
available on the internet; and 
‘‘(II) submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committees on Transportation and Infrastructure 
and Energy and Commerce of the House of Rep-
resentatives a report on that review, including any 
recommendations under clause (iii). 
‘‘(ii) CONTENTS.—The report under clause (i)(II) 
shall include— 
‘‘(I) a description of the process that the Pipe-
line and Hazardous Materials Safety Administra-
tion uses to collect and record enforcement 
information;
H. R. 133—1042 
‘‘(II) an assessment of whether and, if so, how 
the Pipeline and Hazardous Materials Safety 
Administration ensures that enforcement informa-
tion is made available to the public in an accessible 
manner; and 
‘‘(III) an assessment of the information 
described in clause (i)(I). 
‘‘(iii) RECOMMENDATIONS.—The report under clause 
(i)(II) may include recommendations regarding— 
‘‘(I) any improvements that could be made to 
the accessibility of the information described in 
clause (i)(I); 
‘‘(II) whether and, if so, how the information 
described in clause (i)(I) could be made more trans-
parent; and 
‘‘(III) any other recommendations that the 
Comptroller General of the United States considers 
appropriate. 
‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection 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 amended, in paragraph 
(3)(E), by striking ‘‘60117(l)’’ and inserting ‘‘subsection (m)’’. 
(3) Section 60118(a)(3) of title 49, United States Code, 
is amended by striking ‘‘section 60117(a)–(d)’’ and inserting 
‘‘subsections (a) through (e) of section 60117’’. 
SEC. 109. PIPELINE OPERATING STATUS. 
(a) IN GENERAL.—Chapter 601 of title 49, United States Code 
(as amended by section 104(a)), is amended by adding at the end 
the following: 
‘‘§ 60143. Idled pipelines 
‘‘(a) DEFINITION OF IDLED.—In this section, the term ‘idled’, 
with respect to a pipeline, means that the pipeline— 
‘‘(1)(A) has ceased normal operations; and 
‘‘(B) will not resume service for a period of not less than 
180 days; 
‘‘(2) has been isolated from all sources of hazardous liquid, 
natural gas, or other gas; and 
‘‘(3)(A) has been purged of combustibles and hazardous 
materials and maintains a blanket of inert, nonflammable gas 
at low pressure; or 
‘‘(B) has not been purged as described in subparagraph 
(A), but the volume of gas is so small that there is no potential 
hazard, as determined by the Secretary pursuant to a rule. 
‘‘(b) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of the PIPES Act of 2020, the Secretary shall
H. R. 133—1043 
promulgate regulations prescribing the applicability of the pipe-
line safety requirements to idled natural or other gas trans-
mission and hazardous liquid pipelines. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The applicability of the regulations 
under paragraph (1) shall be based on the risk that idled 
natural or other gas transmission and hazardous liquid 
pipelines pose to the public, property, and the environment, 
and shall include requirements to resume operation. 
‘‘(B) INSPECTION.—The Secretary or an appropriate 
State agency shall inspect each idled pipeline and verify 
that the pipeline has been purged of combustibles and 
hazardous materials, if required under subsection (a). 
‘‘(C) REQUIREMENTS FOR REINSPECTION.—The Secretary 
shall determine the requirements for periodic reinspection 
of idled natural or other gas transmission and hazardous 
liquid pipelines. 
‘‘(D) RESUMPTION OF OPERATIONS.—As a condition to 
allowing an idled pipeline to resume operations, the Sec-
retary shall require that, prior to resuming operations, 
the pipeline shall be— 
‘‘(i) inspected with— 
‘‘(I) hydrostatic pressure testing; 
‘‘(II) an internal inspection device; or 
‘‘(III) if the use of hydrostatic pressure testing 
or an internal inspection device is not techno-
logically feasible, 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 NATURAL GAS 
FACILITIES. 
(a) IN GENERAL.—Not later than 3 years after the date of 
enactment of this Act, the Secretary shall— 
(1) review the minimum operating and maintenance stand-
ards prescribed under section 60103(d) of title 49, United States 
Code; and 
(2) based on the review under paragraph (1), update the 
standards described in that paragraph applicable to large-scale 
liquefied natural gas facilities (other than peak shaving facili-
ties) to provide for a risk-based regulatory approach for such 
facilities, consistent with this section. 
(b) SCOPE.—In updating the minimum operating and mainte-
nance standards under subsection (a)(2), the Secretary shall ensure 
that all regulations, guidance, and internal documents— 
(1) are developed and applied in a manner consistent with 
this section; and
H. R. 133—1044 
(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 enactment of this Act). 
(c) REQUIREMENTS.—The updates to the operating and mainte-
nance standards required under subsection (a)(2) shall, at a min-
imum, require operators— 
(1) to develop and maintain written safety information 
identifying hazards associated with— 
(A) the processes of liquefied natural gas conversion, 
storage, and transport; 
(B) equipment used in the processes; and 
(C) technology used in the processes; 
(2) to conduct a hazard assessment, including the identifica-
tion of potential sources of accidental releases; 
(3)(A) to consult with employees and representatives of 
employees on the development and execution of hazard assess-
ments under paragraph (2); and 
(B) to provide employees access to the records of the hazard 
assessments and any other records required under the updated 
standards; 
(4) to establish a system to respond to the findings of 
a hazard assessment conducted under paragraph (2) that 
addresses prevention, mitigation, and emergency responses; 
(5) to review, when a design change occurs, the most recent 
hazard assessment conducted under paragraph (2) and the 
response system established under paragraph (4); 
(6) to develop and implement written operating procedures 
for the processes of liquefied natural gas conversion, storage, 
and transport; 
(7)(A) to provide written safety and operating information 
to employees; and 
(B) to train employees in operating procedures with an 
emphasis on addressing hazards and using safe practices; 
(8) to ensure contractors and contract employees are pro-
vided appropriate information and training; 
(9) to train and educate employees and contractors in emer-
gency response; 
(10) to establish a quality assurance program to ensure 
that equipment, maintenance materials, and spare parts 
relating to the operations and maintenance of liquefied natural 
gas facilities are fabricated and installed consistent with design 
specifications; 
(11) to establish maintenance systems for critical process- 
related equipment, including written procedures, employee 
training, appropriate inspections, and testing of that equipment 
to ensure ongoing mechanical integrity; 
(12) to conduct pre-start-up safety reviews of all newly 
installed or modified equipment; 
(13) to establish and implement written procedures to man-
age change to processes of liquefied natural gas conversion, 
storage, and transport, technology, equipment, and facilities; 
and
H. R. 133—1045 
(14)(A) to investigate each incident that results in, or could 
have resulted in— 
(i) loss of life; 
(ii) destruction of private property; or 
(iii) a major accident; and 
(B) to have operating personnel— 
(i) review any findings of an investigation under 
subparagraph (A); and 
(ii) if appropriate, take responsive measures. 
(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 implementa-
tion of the requirements described in subsection (c). 
(2) REQUIREMENT.—The implementation plan described in 
paragraph (1) shall include— 
(A) an anticipated schedule for the implementation 
of the requirements described in subsection (c); and 
(B) an overview of the process for implementation. 
(e) INSPECTION AND COMPLIANCE ASSURANCE.— 
(1) DETERMINATION OF INADEQUATE PROGRAMS.—If the Sec-
retary determines during an inspection carried out under 
chapter 601 of title 49, United States Code, that an operator’s 
implementation 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 inadequate for the 
safe operation of a large-scale liquefied natural gas facility, 
or is otherwise inadequate, the Secretary may conduct enforce-
ment proceedings under that chapter. 
(2) SAVINGS CLAUSE.—Nothing in this section shall affect 
the authority of the Secretary to carry out inspections or con-
duct 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— 
(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 standards pre-
scribed under this section, including any revisions to the minimum 
operating and maintenance standards prescribed 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 LIQUEFIED NAT-
URAL GAS SAFETY. 
(a) DEFINITIONS.—In this section: 
(1) CENTER.—The term ‘‘Center’’ means the National 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—
H. R. 133—1046 
(A) LNG facilities that represent the broad array of 
LNG facilities operating in the United States; 
(B) States, Indian Tribes, and units of local govern-
ment; 
(C) postsecondary education; 
(D) labor organizations; 
(E) safety organizations; or 
(F) Federal regulatory agencies of jurisdiction, which 
may include— 
(i) the Administration; 
(ii) the Federal Energy Regulatory Commission; 
(iii) the Department of Energy; 
(iv) the Occupational Safety and Health Adminis-
tration; 
(v) the Coast Guard; and 
(vi) the Maritime Administration. 
(b) ESTABLISHMENT.—Only after submitting the report under 
subsection (c) to the committees of Congress described in that 
subsection, and subject to the availability of funds appropriated 
by Congress for the applicable purpose, the Secretary, in consulta-
tion with LNG sector stakeholders, may establish a center, to be 
known as the ‘‘National Center of Excellence for Liquefied Natural 
Gas Safety’’. 
(c) REPORT.— 
(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 Transpor-
tation and Infrastructure, Energy and Commerce, and Appro-
priations 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 paragraph (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 regulated 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 Government 
in the operations, management, and regulatory practices of 
LNG facilities through— 
(A) the use of performance-based principles; 
(B) experience and familiarity with LNG operational 
facilities; and 
(C) increased communication with LNG experts to 
learn and support state-of-the-art operational practices; 
(2) acting as a repository of information on best practices 
for the operation of LNG facilities; and 
(3) facilitating collaboration among LNG sector stake-
holders. 
(e) LOCATION.— 
(1) IN GENERAL.—The Center shall be located in close prox-
imity to critical LNG transportation infrastructure on, and
H. R. 133—1047 
connecting to, the Gulf of Mexico, as determined by the Sec-
retary. 
(2) CONSIDERATIONS.—In determining the location of the 
Center, the Secretary shall— 
(A) take into account the strategic value of locating 
resources in close proximity to LNG facilities; and 
(B) locate the Center in the State with the largest 
LNG production capacity, as determined by the total 
capacity (in billion cubic feet per day) of LNG production 
authorized by the Federal Energy Regulatory Commission 
under section 3 of the Natural Gas Act (15 U.S.C. 717b) 
as of the date of enactment of this Act. 
(f) COORDINATION WITH TQ TRAINING CENTER.—In carrying 
out the functions described in subsection (d), the Center shall 
coordinate with the Training and Qualifications Training Center 
of the Administration in Oklahoma City, Oklahoma, to facilitate 
knowledge sharing among, and enhanced training opportunities 
for, Federal and State pipeline safety inspectors and investigators. 
(g) JOINT OPERATION WITH EDUCATIONAL INSTITUTION.—The 
Secretary may enter into an agreement with an appropriate official 
of an institution of higher education— 
(1) to provide for joint operation of the Center; and 
(2) to provide necessary administrative services for the 
Center. 
SEC. 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. 
(b) STUDY.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall— 
(1) review the extent to which geospatial and technical 
data is collected by operators of gathering lines, including 
design and material specifications; 
(2) analyze information collected by operators of gathering 
lines when the mapping information described in paragraph 
(1) is not available for a gathering line; and 
(3) assess any plans and timelines of operators of gathering 
lines to develop the mapping information described in para-
graph (1) or otherwise collect information described in para-
graph (2). 
(c) REPORT.—The Comptroller General of the United States 
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 Rep-
resentatives a report on the review required under subsection (b), 
including any recommendations that the Comptroller General of 
the United States may have as a result of the review. 
SEC. 113. LEAK DETECTION AND REPAIR. 
Section 60102 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(q) GAS PIPELINE LEAK DETECTION AND REPAIR.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this subsection, the Secretary shall promulgate
H. R. 133—1050 
‘‘(i) public safety; 
‘‘(ii) eliminating hazardous leaks and minimizing 
releases of natural gas from pipeline facilities; and 
‘‘(iii) the protection of the environment; and 
‘‘(E) the extent to which the plan addresses the replace-
ment or remediation of pipelines that are known to leak 
based on the material (including cast iron, unprotected 
steel, wrought iron, and historic plastics with known 
issues), design, or past operating and maintenance history 
of the pipeline.’’; and 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) REVIEW OF PLANS.— 
‘‘(A) IN GENERAL.—Not later than 2 years after the 
date of enactment of this subparagraph, and not less fre-
quently than once every 5 years thereafter, the Secretary 
or relevant State authority with a certification in effect 
under section 60105 shall review each plan described in 
this subsection. 
‘‘(B) CONTEXT OF REVIEW.—The Secretary may conduct 
a review under this paragraph as an element of the inspec-
tion of the operator carried out by the Secretary under 
subsection (b). 
‘‘(C) INADEQUATE PROGRAMS.—If the Secretary deter-
mines that a plan reviewed under this paragraph does 
not comply with the requirements of this chapter (including 
any regulations promulgated under this chapter), has not 
been adequately implemented, is inadequate for the safe 
operation of a pipeline facility, or is otherwise inadequate, 
the Secretary may conduct enforcement proceedings under 
this chapter.’’; and 
(2) in subsection (b)(1)(B), by inserting ‘‘construction mate-
rial,’’ after ‘‘method of construction,’’. 
(b) DEADLINE.—Not later than 1 year after the date of enact-
ment of this Act, each pipeline operator shall update the inspection 
and maintenance plan prepared by the operator under section 
60108(a) of title 49, United States Code, to address the elements 
described in the amendments to that section made by subsection 
(a). 
(c) INSPECTION AND MAINTENANCE PLAN OVERSIGHT.— 
(1) STUDY.—The Comptroller General of the United States 
shall conduct a study to evaluate the procedures used by the 
Secretary and States in reviewing plans prepared by pipeline 
operators under section 60108(a) of title 49, United States 
Code, pursuant to subsection (b) in minimizing releases of 
natural gas from pipeline facilities. 
(2) REPORT OF THE COMPTROLLER GENERAL OF THE UNITED 
STATES.—Not later than 1 year after the Secretary’s review 
of the operator plans prepared under section 60108(a) of title 
49, United States Code, the Comptroller General of the United 
States shall submit to the Secretary, the Committee on Com-
merce, Science, and Transportation of the Senate, and the 
Committees on Transportation and Infrastructure and Energy 
and Commerce of the House of Representatives a report that— 
(A) describes the results of the study conducted under 
paragraph (1), including an evaluation of the procedures
H. R. 133—1051 
used by the Secretary and States in reviewing the effective-
ness of the plans prepared by pipeline operators under 
section 60108(a) of title 49, United States Code, pursuant 
to subsection (b) in minimizing releases of natural gas 
from pipeline facilities; and 
(B) provides recommendations for how to further mini-
mize releases of natural gas from pipeline facilities without 
compromising pipeline safety based on observations and 
information obtained through the study conducted under 
paragraph (1). 
(3) RESPONSE OF THE SECRETARY.—Not later than 90 days 
after the date on which the report under paragraph (2) is 
published, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committees on Transportation and Infrastructure and Energy 
and Commerce of the House of Representatives a report that 
includes a response to the results of the study conducted under 
paragraph (1) and the recommendations contained in the report 
submitted under paragraph (2). 
(d) BEST AVAILABLE TECHNOLOGIES OR PRACTICES.— 
(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 Transpor-
tation of the Senate and the Committees on Transportation 
and Infrastructure 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 compro-
mising pipeline safety, mitigate the need to inten-
tionally vent natural gas; and 
(B) recommending a timeline for updating pipeline 
safety regulations, as the Secretary determines to be appro-
priate, to address the matters described in subparagraph 
(A). 
(2) RULEMAKING.—Not later than 180 days after the date 
on which the Secretary submits the report under this sub-
section, the Secretary shall update pipeline safety regulations 
that the Secretary has determined 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 enact-
ment 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
H. R. 133—1052 
Safety: Class Location Change Requirements’’ (83 Fed. Reg. 
36861 (July 31, 2018)); 
(2) complete any other activities or procedures necessary— 
(A) to make a determination whether to publish a 
notice of proposed rulemaking; and 
(B) if a positive determination is made under subpara-
graph (A), to advance in the rulemaking process, including 
by taking any actions required under section 60115 of 
title 49, United State Code; and 
(3) consider the issues raised in the report to Congress 
entitled ‘‘Evaluation of Expanding Pipeline Integrity Manage-
ment Beyond High-Consequence Areas and Whether Such 
Expansion Would Mitigate the Need for Gas Pipeline Class 
Location Requirements’’ prepared by the Pipeline and Haz-
ardous Materials Safety Administration and submitted to Con-
gress on June 8, 2016, including the adequacy of existing integ-
rity management programs. 
(b) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to require the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration to publish a notice of pro-
posed rulemaking or otherwise continue the rulemaking process 
with respect to the advance notice of proposed rulemaking described 
in subsection (a)(1). 
(c) REPORTING.—For purposes of this section, the requirements 
of section 106 shall apply during the period beginning on the 
date that is 180 days after the date of enactment of this Act 
and ending on the date on which the requirements of subsection 
(a) are completed. 
SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
INFORMATION. 
Section 60129 of title 49, United States Code, is amended— 
(1) in subsection (a)(1), in the matter preceding subpara-
graph (A), by striking ‘‘employee with’’ and inserting ‘‘current 
or former employee with’’; 
(2) in subsection (b)(3), by adding at the end the following: 
‘‘(D) DE NOVO REVIEW.— 
‘‘(i) IN
GENERAL.—With respect to a complaint 
under paragraph (1), if the Secretary of Labor has 
not issued a final decision by the date that is 210 
days after the date on which the complaint was filed, 
and if the delay is not due to the bad faith of the 
employee who filed the complaint, that employee may 
bring an original action at law or equity for de novo 
review in the appropriate district court of the United 
States, which shall have jurisdiction over such action 
without regard to the amount in controversy, and 
which action shall, at the request of either party to 
the action, be tried by the court with a jury. 
‘‘(ii) BURDENS
OF
PROOF.—An original action 
described in clause (i) shall be governed by the same 
legal burdens of proof specified in paragraph (2)(B) 
for review by the Secretary of Labor.’’; and 
(3) by adding at the end the following: 
‘‘(e) NONENFORCEABILITY
OF
CERTAIN
PROVISIONS
WAIVING 
RIGHTS AND REMEDIES OR REQUIRING ARBITRATION OF DISPUTES.—
H. R. 133—1053 
‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The rights and 
remedies provided under this section may not be waived by 
any agreement, policy, form, or condition of employment, 
including by a predispute arbitration agreement. 
‘‘(2) PREDISPUTE ARBITRATION AGREEMENTS.—No provision 
of a predispute arbitration agreement shall be valid or enforce-
able 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 improve the efficiency and 
processes of those regulations as applied to— 
(1) operators; and 
(2) pipeline contractors working for multiple operators in 
multiple States. 
(b) REQUIREMENT.—In carrying out subsection (a), the Secretary 
shall minimize duplicative audits of the same operators, and the 
contractors working for those operators, by the Administration and 
multiple State agencies. 
(c) 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 ‘‘chapter’’; and 
(2) by inserting ‘‘, including safety and environmental bene-
fits,’’ 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 arrangement 
with the National Academy of Sciences under which the National 
Academy of Sciences shall conduct a study of potential methodolo-
gies or standards for the installation of automatic or remote-con-
trolled shut-off valves on an existing pipeline in— 
(1) a high consequence area (as defined in section 192.903 
of title 49, Code of Federal Regulations (or a successor regula-
tion)) 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 successor regulation)); 
or 
(B) an unusually sensitive area (as defined in section 
195.6 of that title (or a successor regulation)). 
(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 recommendations 
submitted by the National Transportation Safety Board to the 
Pipeline and Hazardous Materials Safety Administration and 
Congress regarding automatic and remote-controlled shut-off 
valves;