[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2276 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 370
114th CONGRESS
  2d Session
                                S. 2276

                          [Report No. 114-209]

 To amend title 49, United States Code, to provide enhanced safety in 
            pipeline transportation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2015

Mrs. Fischer (for herself, Mr. Booker, Mr. Daines, Mr. Peters, and Mrs. 
Boxer) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

                           February 24, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to provide enhanced safety in 
            pipeline transportation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; REFERENCES.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Securing 
America's Future Energy: Protecting our Infrastructure of Pipelines and 
Enhancing Safety Act'' or the ``SAFE PIPES Act''.</DELETED>
<DELETED>    (b) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States 
Code.</DELETED>

<DELETED>SEC. 2. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Gas and Hazardous Liquid.--Section 60125(a) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``there is 
        authorized to be appropriated to the Department of 
        Transportation for each of fiscal years 2012 through 2015, from 
        fees collected under section 60301, $90,679,000, of which 
        $4,746,000 is for carrying out such section 12 and $ 36,194,000 
        is for making grants.'' and inserting the following: ``there 
        are authorized to be appropriated to the Department of 
        Transportation from fees collected under section 60301--
        </DELETED>
                <DELETED>    ``(A) $127,060,000 for fiscal year 2016, 
                of which $9,325,000 shall be expended for carrying out 
                such section 12 and $42,515,000 shall be expended for 
                making grants;</DELETED>
                <DELETED>    ``(B) $129,671,000 for fiscal year 2017, 
                of which $9,418,000 shall be expended for carrying out 
                such section 12 and $42,941,000 shall be expended for 
                making grants;</DELETED>
                <DELETED>    ``(C) $132,334,000 for fiscal year 2018, 
                of which $9,512,000 shall be expended for carrying out 
                such section 12 and $43,371,000 shall be expended for 
                making grants; and</DELETED>
                <DELETED>    ``(D) $135,051,000 for fiscal year 2019, 
                of which $9,607,000 shall be expended for carrying out 
                such section 12 and $43,805,000 shall be expended for 
                making grants.''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``there is 
        authorized to be appropriated for each of fiscal years 2012 
        through 2015 from the Oil Spill Liability Trust Fund to carry 
        out the provisions of this chapter related to hazardous liquid 
        and section 12 of the Pipeline Safety Improvement Act of 2002 
        (49 U.S.C. 60101 note; Public Law 107-355), $18,573,000, of 
        which $2,174,000 is for carrying out such section 12 and 
        $4,558,000 is for making grants'' and inserting the following: 
        ``there are authorized to be appropriated from the Oil Spill 
        Liability Trust Fund to carry out the provisions of this 
        chapter related to hazardous liquid and section 12 of the 
        Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; 
        Public Law 107-355)--</DELETED>
                <DELETED>    ``(A) $19,890,000 for fiscal year 2016, of 
                which $3,108,000 shall be expended for carrying out 
                such section 12 and $8,708,000 shall be expended for 
                making grants;</DELETED>
                <DELETED>    ``(B) $20,288,000 for fiscal year 2017, of 
                which $3,139,000 shall be expended for carrying out 
                such section 12 and $8,795,000 shall be expended for 
                making grants;</DELETED>
                <DELETED>    ``(C) $20,694,000 for fiscal year 2018, of 
                which $3,171,000 shall be expended for carrying out 
                such section 12 and $8,883,000 shall be expended for 
                making grants; and</DELETED>
                <DELETED>    ``(D) $21,108,000 for fiscal year 2019, of 
                which $3,203,000 shall be expended for carrying out 
                such section 12 and $8,972,000 shall be expended for 
                making grants.''.</DELETED>
<DELETED>    (b) Emergency Response Grants.--Section 60125(b)(2) is 
amended by striking ``2012 through 2015'' and inserting ``2016 through 
2019''.</DELETED>
<DELETED>    (c) One-Call Notification Programs.--Section 6107 is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``$1,000,000 
        for each of fiscal years 2012 through 2015'' and inserting 
        ``$1,060,000 for each of the fiscal years 2016 through 2019''; 
        and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``2012 through 
        2015'' and inserting ``2016 through 2019''.</DELETED>
<DELETED>    (d) State Damage Prevention Programs.--Section 60134(i) is 
amended by striking ``2012 through 2015'' and inserting ``2016 through 
2019''.</DELETED>
<DELETED>    (e) Community Pipeline Safety Information Grants.--Section 
60130(c) is amended by striking ``2012 through 2015'' and inserting 
``2016 through 2019''.</DELETED>
<DELETED>    (f) Pipeline Integrity Program.--Section 12(f) of the 
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is 
amended by striking ``2012 through 2015'' and inserting ``2016 through 
2019''.</DELETED>

<DELETED>SEC. 3. REGULATORY UPDATES.</DELETED>

<DELETED>    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and every 90 days thereafter until a final rule 
has been issued for each of the requirements described under paragraphs 
(1), (2), and (3), the Secretary of Transportation shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives regarding the status of a final rule for--
</DELETED>
        <DELETED>    (1) regulations required under the Pipeline Safety 
        Regulatory Certainty and Job Creation Act of 2011 (Public Law 
        112-90; 125 Stat. 1904) for which no interim final rule or 
        direct final rule has been issued;</DELETED>
        <DELETED>    (2) any regulation relating to pipeline safety 
        required by law, other than a regulation described under 
        paragraph (1), for which for more than 2 years after the date 
        of the enacting statute or statutory deadline no interim final 
        rule or direct final rule has been issued; and</DELETED>
        <DELETED>    (3) any other rulemaking categorized as 
        significant.</DELETED>
<DELETED>    (b) Contents.--Each report under subsection (a) shall 
include--</DELETED>
        <DELETED>    (1) a description of the work plan for the 
        outstanding regulation;</DELETED>
        <DELETED>    (2) an updated rulemaking timeline for the 
        outstanding regulation;</DELETED>
        <DELETED>    (3) current staff allocations;</DELETED>
        <DELETED>    (4) current data collection or research relating 
        to the development of the rulemaking;</DELETED>
        <DELETED>    (5) current collaborative efforts with safety 
        experts and other stakeholders;</DELETED>
        <DELETED>    (6) any resource constraints impacting the 
        rulemaking process for the outstanding regulation; 
        and</DELETED>
        <DELETED>    (7) any other details associated with the 
        development of the rulemaking that impact the progress of the 
        rulemaking.</DELETED>

<DELETED>SEC. 4. STATUTORY PREFERENCE.</DELETED>

<DELETED>    The Administrator of the Pipeline and Hazardous Materials 
Safety Administration shall prioritize the use of Pipeline and 
Hazardous Materials Safety Administration resources for the completion 
of each outstanding statutory requirement for a rulemaking described in 
a report under section 3 before beginning any new rulemaking required 
after the date of the enactment of this Act unless the Secretary of 
Transportation certifies to Congress that there is a significant need 
to move forward with a new rulemaking.</DELETED>

<DELETED>SEC. 5. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.</DELETED>

<DELETED>    (a) Report.--Not later than 18 months after the 
publication of a final rule regarding the safety of gas transmission 
pipelines (76 Fed. Reg. 53086), the Comptroller General shall submit a 
report to Congress regarding the natural gas integrity management 
program.</DELETED>
<DELETED>    (b) Contents.--The report under subsection (a) shall 
include--</DELETED>
        <DELETED>    (1) an analysis of the extent to which the natural 
        gas integrity management program under section 60109(c) of 
        title 49, United States Code, has improved the safety of 
        natural gas transmission pipelines;</DELETED>
        <DELETED>    (2) an analysis or recommendations regarding 
        changes to the program that would prevent inadvertent releases 
        from pipelines and mitigate any adverse consequences of an 
        inadvertent release, including changes to the current 
        definition of high consequence area, or would expand integrity 
        management beyond high consequence areas;</DELETED>
        <DELETED>    (3) a review of the cost effectiveness of the 
        legacy class location regulations;</DELETED>
        <DELETED>    (4) an analysis of and recommendations regarding 
        what impact the age of a pipeline should have on risk analysis 
        of a particular pipeline;</DELETED>
        <DELETED>    (5) a description of any challenges affecting 
        Federal or State regulators in their oversight of the program 
        and how the challenges are being addressed; and</DELETED>
        <DELETED>    (6) a description of any challenges affecting the 
        natural gas industry in complying with the program, and how the 
        challenges are being addressed.</DELETED>
<DELETED>    (c) Definition of High Consequence Area.--In this section 
and in section 6, the term ``high consequence area'' means an area 
described in section 60109(a) of title 49, United States 
Code.</DELETED>

<DELETED>SEC. 6. HAZARDOUS LIQUID INTEGRITY MANAGEMENT 
              REVIEW.</DELETED>

<DELETED>    (a) Safety Study.--Not later than 18 months after the 
publication of a final rule regarding the safety of hazardous liquid 
pipelines (80 Fed. Reg. 61610), the Comptroller General shall submit a 
report to Congress regarding the hazardous liquid integrity management 
program.</DELETED>
<DELETED>    (b) Contents.--The report under subsection (a) shall 
include--</DELETED>
        <DELETED>    (1) an analysis of the extent to which liquid 
        pipeline integrity management in high consequence areas for 
        operators of certain hazardous liquid pipeline facilities, as 
        regulated under sections 195.450 and 195.452 of title 49, Code 
        of Federal Regulations, has improved the safety of hazardous 
        liquid pipelines;</DELETED>
        <DELETED>    (2) recommendations, including consideration of 
        technical, operational, and economic feasibility, regarding 
        changes to the program that could prevent inadvertent releases 
        from pipelines and mitigate any adverse consequences of an 
        inadvertent release, including changes to the current 
        definition of high consequence area;</DELETED>
        <DELETED>    (3) an analysis of how surveying, assessment, 
        mitigation, and monitoring activities, including real-time 
        hazardous liquid pipeline monitoring during significant flood 
        events and information sharing with other Federal agencies, are 
        being used to address risks associated with the dynamic and 
        unique nature of rivers, flood plains, and lakes;</DELETED>
        <DELETED>    (4) an analysis of and recommendations regarding 
        what impact pipeline features and conditions, including the 
        age, condition, materials, and construction of a pipeline 
        should have on risk analysis of a particular pipeline and what 
        changes to the definition of high consequence area could be 
        made to improve pipeline safety; and</DELETED>
        <DELETED>    (5) a description of any challenges affecting 
        Federal or State regulators in their oversight of the program 
        and how the challenges are being addressed.</DELETED>

<DELETED>SEC. 7. TECHNICAL SAFETY STANDARDS COMMITTEES.</DELETED>

<DELETED>    Section 60115(b)(4)(A) is amended by striking ``State 
commissioners. The Secretary shall consult with the national 
organization of State commissions before selecting those 2 
individuals.'' and inserting ``State officials. The Secretary shall 
consult with national organizations representing State commissioners or 
governors when making a selection under this subparagraph.''.</DELETED>

<DELETED>SEC. 8. INSPECTION REPORT INFORMATION.</DELETED>

<DELETED>    (a) In General.--Not later than 30 days after the 
completion of a pipeline safety inspection, the Administrator of the 
Pipeline and Hazardous Materials Safety Administration, or the head of 
the agency leading the inspection, shall--</DELETED>
        <DELETED>    (1) conduct a post-inspection briefing with the 
        operator outlining concerns, and to the extent practicable, 
        provide written preliminary findings of the inspection; 
        or</DELETED>
        <DELETED>    (2) issue to the operator a final report, notice 
        of amendment of plans or procedures, safety order, or 
        corrective action order.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) In general.--The Administrator shall submit an 
        annual report to Congress regarding--</DELETED>
                <DELETED>    (A) the actions that the Pipeline and 
                Hazardous Materials Safety Administration has taken to 
                ensure that inspections by State authorities provide 
                effective and timely oversight; and</DELETED>
                <DELETED>    (B) statistics relating to the timeliness 
                of the actions described in paragraphs (1) and (2) of 
                subsection (a).</DELETED>
        <DELETED>    (2) Cessation of effectiveness.--Paragraph (1) 
        shall cease to be effective on September 30, 2019.</DELETED>

<DELETED>SEC. 9. IMPROVING LOCATION MAPPING TECHNOLOGY.</DELETED>

<DELETED>    (a) Study.--The Secretary of Transportation, in 
consultation with stakeholders, shall conduct a study on improving 
damage prevention through technological improvements in location and 
communications practices to prevent accidental excavation damage to a 
pipe or its coating, including considerations of technical, 
operational, and economic feasibility.</DELETED>
<DELETED>    (b) Contents.--The study under subsection (a) shall 
include--</DELETED>
        <DELETED>    (1) an identification of any methods that could 
        improve damage prevention through location and mapping data in 
        an effort to reduce unintended releases caused by 
        excavation;</DELETED>
        <DELETED>    (2) an analysis of how increased use of GPS 
        digital mapping technologies, predictive analytic tools, public 
        awareness initiatives, including one-call initiatives, the use 
        of mobile devices, and other advanced technologies could 
        supplement existing one-call notification and damage prevention 
        programs to reduce the frequency and severity of incidents 
        caused by excavation damage;</DELETED>
        <DELETED>    (3) an analysis of the feasibility of a national 
        data repository for pipeline excavation accident data that 
        creates standardized data models for storing and sharing 
        pipeline accident information; and</DELETED>
        <DELETED>    (4) an identification of opportunities for 
        stakeholder engagement in preventing excavation 
        damage.</DELETED>
<DELETED>    (c) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives regarding the study under this section, 
including recommendations, that include the consideration of technical, 
operational, and economic feasibility, on how to incorporate 
technological improvements and practices that may help prevent 
accidental excavation damage.</DELETED>

<DELETED>SEC. 10. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS SAFETY 
              ADMINISTRATION.</DELETED>

<DELETED>    (a) Review.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall submit to Congress a review of 
Pipeline and Hazardous Materials Safety Administration staff resource 
management, including geographic allocation plans, hiring challenges, 
and expected retirement rates and strategies. The review shall include 
recommendations to address hiring challenges, training needs, and any 
other identified staff resource challenges.</DELETED>
<DELETED>    (b) Critical Hiring Needs.--</DELETED>
        <DELETED>    (1) In general.--Beginning on the date on which 
        the review is submitted under subsection (a), the Administrator 
        may certify to Congress, not less frequently than annually, 
        that a severe shortage of qualified candidates or a critical 
        hiring need exists for a position or group of positions in the 
        Pipeline and Hazardous Materials Safety 
        Administration.</DELETED>
        <DELETED>    (2) Direct hire authority.--Notwithstanding 
        sections 3309 through 3318 of title 5, United States Code, the 
        Administrator, after making a certification under paragraph 
        (1), may hire a candidate for the position or candidates for 
        the group of positions, as applicable.</DELETED>
        <DELETED>    (3) Terminations of effectiveness.--The direct 
        hire authority provided under paragraph (2) shall terminate on 
        September 30, 2019.</DELETED>

<DELETED>SEC. 11. RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (a) In General.--In developing a research and development 
program plan under paragraph (3) of section 12(d) of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note), the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration, in consultation with the Assistant Secretary for 
Research and Technology, shall--</DELETED>
        <DELETED>    (1) detail compliance with the consultation 
        requirement under paragraph (2) of such section;</DELETED>
        <DELETED>    (2) provide opportunities for joint research 
        ventures with non-Federal entities, whenever practicable and 
        appropriate, to leverage limited Federal research resources; 
        and</DELETED>
        <DELETED>    (3) permit collaborative research and development 
        projects with appropriate non-Federal organizations.</DELETED>
<DELETED>    (b) Collaborative Safety Research Report.--Section 
60124(a)(6) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) research activities in collaboration 
                with non-Federal entities, including the intended 
                improvements to safety technology, inspection 
                technology, operator response time, and emergency 
                responder incident response time.''.</DELETED>

<DELETED>SEC. 12. INFORMATION SHARING SYSTEM.</DELETED>

<DELETED>    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Transportation shall 
convene a working group to consider the development of a voluntary no-
fault information sharing system to encourage collaborative efforts to 
improve inspection information feedback and information sharing with 
the purpose of improving natural gas transmission and hazardous liquid 
pipeline integrity risk analysis.</DELETED>
<DELETED>    (b) Membership.--The working group described in subsection 
(a) shall include representatives from--</DELETED>
        <DELETED>    (1) the Pipeline and Hazardous Materials Safety 
        Administration;</DELETED>
        <DELETED>    (2) industry stakeholders, including operators of 
        pipeline facilities, inspection technology vendors, and 
        pipeline inspection organizations;</DELETED>
        <DELETED>    (3) safety advocacy groups;</DELETED>
        <DELETED>    (4) research institutions;</DELETED>
        <DELETED>    (5) State public utility commissions or State 
        officials responsible for pipeline safety oversight;</DELETED>
        <DELETED>    (6) State pipeline safety inspectors; 
        and</DELETED>
        <DELETED>    (7) labor representatives.</DELETED>
<DELETED>    (c) Considerations.--The working group described in 
subsection (a) shall consider and provide recommendations, if 
applicable, to the Secretary on--</DELETED>
        <DELETED>    (1) the need for and the identification of a 
        system to ensure that dig verification data is shared with 
        inline inspection operators to the extent consistent with the 
        need to maintain proprietary data in a confidential manner to 
        improve pipeline safety and inspection technology;</DELETED>
        <DELETED>    (2) ways to encourage the exchange of pipeline 
        inspection information and the development of advanced pipeline 
        inspection technologies and enhanced risk analysis;</DELETED>
        <DELETED>    (3) opportunities to share data, including dig 
        verification data between operators of pipeline facilities and 
        in-line inspector vendors to expand knowledge of the advantages 
        and disadvantages of the different types of in-line inspection 
        technology and methodologies;</DELETED>
        <DELETED>    (4) options to create a secure system that 
        protects proprietary data while encouraging the exchange of 
        pipeline inspection information and the development of advanced 
        pipeline inspection technologies and enhanced risk analysis; 
        and</DELETED>
        <DELETED>    (5) regulatory, funding, and legal barriers to 
        sharing the information described in paragraphs (1) through 
        (4).</DELETED>
<DELETED>    (d) FACA.--The working group shall not be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.).</DELETED>
<DELETED>    (e) Publication.--The Secretary shall publish the 
recommendations provided under subsection (c) on a publicly available 
website.</DELETED>

<DELETED>SEC. 13. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY 
              DATABASE.</DELETED>

<DELETED>    (a) Report.--Not later than 18 months after the date of 
the enactment of this Act and subject to subsection (c), the Secretary 
of Transportation shall submit a report to Congress on the feasibility 
of a national integrated pipeline safety regulatory inspection database 
to improve communication and collaboration between the Pipeline and 
Hazardous Materials Safety Administration and State pipeline 
regulators.</DELETED>
<DELETED>    (b) Contents.--The report under subsection (a) shall 
include--</DELETED>
        <DELETED>    (1) a description of any efforts currently 
        underway to test a secure information-sharing system for the 
        purpose described in subsection (a);</DELETED>
        <DELETED>    (2) a description of any progress in establishing 
        common standards for maintaining, collecting, and presenting 
        pipeline safety regulatory inspection data, and a methodology 
        for the sharing of the data;</DELETED>
        <DELETED>    (3) a description of any existing inadequacies or 
        gaps in State and Federal inspection, enforcement, geospatial, 
        or other pipeline safety regulatory inspection data;</DELETED>
        <DELETED>    (4) a description of the potential safety benefits 
        of a national integrated pipeline database; and</DELETED>
        <DELETED>    (5) recommendations for how to implement a secure 
        information-sharing system for the purpose described in 
        subsection (a).</DELETED>
<DELETED>    (c) Consultation.--In preparing the report under 
subsection (a), the Secretary shall consult with stakeholders, 
including each State authority operating under a certification to 
regulate intrastate pipelines under section 60105 of title 49, United 
States Code.</DELETED>

<DELETED>SEC. 14. UNDERGROUND NATURAL GAS STORAGE FACILITIES.</DELETED>

<DELETED>    (a) Definition of Underground Natural Gas Storage 
Facility.--In this section, the term ``underground natural gas storage 
facility'' means a gas pipeline facility (as defined in section 60101 
of title 49, United States Code) that stores gas in an underground 
facility, including--</DELETED>
        <DELETED>    (1) a depleted hydrocarbon reservoir;</DELETED>
        <DELETED>    (2) an aquifer reservoir; or</DELETED>
        <DELETED>    (3) a solution mined salt cavern 
        reservoir.</DELETED>
<DELETED>    (b) Minimum Uniform Safety Standards.--Not later than 2 
years after the date of the enactment of this Act, the Secretary of 
Transportation, in consultation with the heads of other relevant 
Federal agencies, shall issue minimum uniform safety standards, 
incorporating, to the extent practicable, consensus standards for the 
operation, environmental protection, and integrity management of 
underground natural gas storage facilities.</DELETED>
<DELETED>    (c) Considerations.--In developing the uniform safety 
standards under subsection (b), the Secretary shall--</DELETED>
        <DELETED>    (1) consider the economic impacts of the 
        regulations on individual gas customers to the extent 
        practicable;</DELETED>
        <DELETED>    (2) ensure that the regulations do not have a 
        significant economic impact on end users to the extent 
        practicable; and</DELETED>
        <DELETED>    (3) consider existing consensus 
        standards.</DELETED>
<DELETED>    (d) Certifications.--The Secretary may authorize an 
intrastate underground natural gas storage safety program by a State 
authority that annually submits a certification to the Secretary in the 
same manner as provided under subsections (b) and (c) of section 60105 
of title 49, United States Code.</DELETED>
<DELETED>    (e) Agreements.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may make an 
        agreement, in the same manner as provided in section 60106 of 
        title 49, United States Code, with a State authority 
        authorizing the State authority to take necessary action to 
        provide or participate in the oversight of interstate 
        underground natural gas storage facilities.</DELETED>
        <DELETED>    (2) Rule of construction.--Notwithstanding the 
        limitation under section 60104(b) of title 49, United States 
        Code, to the extent a State has oversight of the wellbore 
        piping and hole drilled to connect the surface wellhead with 
        the underground reservoir, the standards adopted under 
        subsection (b) may be enforced by the State.</DELETED>
<DELETED>    (f) Grants.--If a State authority with responsibility for 
regulating gas pipelines in that State under a certification under 
section 60105 of title 49, United States Code, an agreement under 
section 60106 of that title, or both, files an application in such form 
and manner as prescribed by the Secretary not later than September 30 
of a calendar year, the Secretary shall pay not more than 80 percent of 
the cost of the personnel, equipment, and activities the authority 
reasonably requires during the next calendar year--</DELETED>
        <DELETED>    (1) to carry out an intrastate underground natural 
        gas storage safety program under a certification under 
        subsection (d); or</DELETED>
        <DELETED>    (2) to act as an agent of the Secretary on 
        interstate underground natural gas storage facilities under an 
        agreement under subsection (e).</DELETED>
<DELETED>    (g) User Fees.--</DELETED>
        <DELETED>    (1) In general.--A fee shall be imposed on an 
        entity operating an underground natural gas storage facility to 
        which this section applies. Any such fee imposed shall be 
        collected before the end of the fiscal year to which it 
        applies.</DELETED>
        <DELETED>    (2) Means of collection.--The Secretary shall 
        prescribe procedures to collect fees under this subsection. The 
        Secretary may use a department, agency, or instrumentality of 
        the United States Government or of a State or local government 
        to collect the fee and may reimburse the department, agency, or 
        instrumentality a reasonable amount for its services.</DELETED>
        <DELETED>    (3) Use of fees.--</DELETED>
                <DELETED>    (A) Account.--There is established an 
                underground natural gas storage facility safety account 
                in the Pipeline Safety Fund established under section 
                60301 of title 49, United States Code, in the Treasury 
                of the United States.</DELETED>
                <DELETED>    (B) Use of fees.--A fee collected under 
                this subsection--</DELETED>
                        <DELETED>    (i) shall be deposited in the 
                        underground natural gas storage facility safety 
                        account; and</DELETED>
                        <DELETED>    (ii) if the fee is related to an 
                        underground natural gas storage facility, may 
                        be used only for an activity related to 
                        underground natural gas storage safety under 
                        this section.</DELETED>
                <DELETED>    (C) Limitation.--Amounts collected under 
                this subsection shall be made available only to the 
                extent provided in advance in an appropriation law for 
                an activity related to underground natural gas storage 
                safety.</DELETED>
<DELETED>    (h) Rules of Construction.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this section may be 
        construed to affect any regulation relating to gas pipeline 
        facilities that is in effect on the day before the date of 
        enactment of this Act.</DELETED>
        <DELETED>    (2) Limitations.--Nothing in this section may be 
        construed to authorize the Secretary to prescribe the location 
        of an underground natural gas storage facility or to require 
        the Secretary's permission to construct such a 
        facility.</DELETED>

<DELETED>SEC. 15. RESPONSE PLANS.</DELETED>

<DELETED>    (a) In General.--In preparing or reviewing a response plan 
under part 194 of title 49, Code of Federal Regulations, the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration and an operator shall each consider, to the maximum 
extent practicable, the impact of a worst-case discharge of hazardous 
liquid, or the substantial threat of such a discharge, into or on any 
navigable waters or adjoining shorelines that may be covered in whole 
or in part by ice.</DELETED>
<DELETED>    (b) Definitions.--In this section, any applicable 
definitions set forth in section 194.5 of title 49, Code of Federal 
Regulations (as in effect on the day before the date of enactment of 
this Act), shall apply.</DELETED>

<DELETED>SEC. 16. HIGH CONSEQUENCE AREAS.</DELETED>

<DELETED>    The Secretary of Transportation shall revise section 
195.6(b) of title 49, Code of Federal Regulations, to explicitly state 
that the Great Lakes are a U.S.A. ecological resource (as defined in 
section 195.6(b) of that title) for purposes of determining whether a 
pipeline is in a high consequence area (as defined in section 195.450 
of that title).</DELETED>

<DELETED>SEC. 17. SURFACE TRANSPORTATION SECURITY REVIEW.</DELETED>

<DELETED>    Not later than 1 year after the date of the enactment of 
this Act, the Comptroller General shall submit a report to Congress on 
the staffing, resource allocation, oversight strategy, and management 
of the Transportation Security Administration's pipeline security 
program and other surface transportation programs. The report shall 
include information on the coordination between the Transportation 
Security Administration, other Federal stakeholders, and 
industry.</DELETED>

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing America's 
Future Energy: Protecting our Infrastructure of Pipelines and Enhancing 
Safety Act'' or the ``SAFE PIPES Act''.
    (b) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Regulatory updates.
Sec. 4. Hazardous materials identification numbers.
Sec. 5. Statutory preference.
Sec. 6. Natural gas integrity management review.
Sec. 7. Hazardous liquid integrity management review.
Sec. 8. Technical safety standards committees.
Sec. 9. Inspection report information.
Sec. 10. Pipeline odorization study.
Sec. 11. Improving damage prevention technology.
Sec. 12. Workforce of Pipeline and Hazardous Materials Safety 
                            Administration.
Sec. 13. Research and development.
Sec. 14. Information sharing system.
Sec. 15. Nationwide integrated pipeline safety regulatory database.
Sec. 16. Underground natural gas storage facilities.
Sec. 17. Joint inspection and oversight.
Sec. 18. Response plans.
Sec. 19. High consequence areas.
Sec. 20. Surface transportation security review.
Sec. 21. Small scale liquefied natural gas facilities.
Sec. 22. Report on natural gas leak reporting.
Sec. 23. Comptroller General review of State policies relating to 
                            natural gas leaks.
Sec. 24. Provision of pipeline oil spill response plans to 
                            congressional committees.
Sec. 25. Consultation with FERC as part of pre-filing procedures and 
                            permitting process for new natural gas 
                            pipeline infrastructure.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended--
            (1) in paragraph (1), by striking ``there is authorized to 
        be appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $90,679,000, of which $4,746,000 is for carrying 
        out such section 12 and $ 36,194,000 is for making grants.'' 
        and inserting the following: ``there are authorized to be 
        appropriated to the Department of Transportation from fees 
        collected under section 60301--
                    ``(A) $127,060,000 for fiscal year 2016, of which 
                $9,325,000 shall be expended for carrying out such 
                section 12 and $42,515,000 shall be expended for making 
                grants;
                    ``(B) $129,671,000 for fiscal year 2017, of which 
                $9,418,000 shall be expended for carrying out such 
                section 12 and $42,941,000 shall be expended for making 
                grants;
                    ``(C) $132,334,000 for fiscal year 2018, of which 
                $9,512,000 shall be expended for carrying out such 
                section 12 and $43,371,000 shall be expended for making 
                grants; and
                    ``(D) $135,051,000 for fiscal year 2019, of which 
                $9,607,000 shall be expended for carrying out such 
                section 12 and $43,805,000 shall be expended for making 
                grants.''; and
            (2) in paragraph (2), by striking ``there is authorized to 
        be appropriated for each of fiscal years 2012 through 2015 from 
        the Oil Spill Liability Trust Fund to carry out the provisions 
        of this chapter related to hazardous liquid and section 12 of 
        the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
        note; Public Law 107-355), $18,573,000, of which $2,174,000 is 
        for carrying out such section 12 and $4,558,000 is for making 
        grants.'' and inserting the following: ``there are authorized 
        to be appropriated from the Oil Spill Liability Trust Fund to 
        carry out the provisions of this chapter related to hazardous 
        liquid and section 12 of the Pipeline Safety Improvement Act of 
        2002 (49 U.S.C. 60101 note; Public Law 107-355)--''
                    ``(A) $19,890,000 for fiscal year 2016, of which 
                $3,108,000 shall be expended for carrying out such 
                section 12 and $8,708,000 shall be expended for making 
                grants;
                    ``(B) $20,288,000 for fiscal year 2017, of which 
                $3,139,000 shall be expended for carrying out such 
                section 12 and $8,795,000 shall be expended for making 
                grants;
                    ``(C) $20,694,000 for fiscal year 2018, of which 
                $3,171,000 shall be expended for carrying out such 
                section 12 and $8,883,000 shall be expended for making 
                grants; and
                    ``(D) $21,108,000 for fiscal year 2019, of which 
                $3,203,000 shall be expended for carrying out such 
                section 12 and $8,972,000 shall be expended for making 
                grants.''.
    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2012 through 2015'' and inserting ``2016 through 2019''.
    (c) One-call Notification Programs.--Section 6107 is amended--
            (1) in subsection (a), by striking ``$1,000,000 for each of 
        fiscal years 2012 through 2015'' and inserting ``$1,060,000 for 
        each of the fiscal years 2016 through 2019''; and
            (2) in subsection (b), by striking ``2012 through 2015'' 
        and inserting ``2016 through 2019''.
    (d) State Damage Prevention Programs.--Section 60134(i) is amended 
by striking ``2012 through 2015'' and inserting ``2016 through 2019''.
    (e) Community Pipeline Safety Information Grants.--Section 60130(c) 
is amended by striking ``2012 through 2015'' and inserting ``2016 
through 2019''.
    (f) Pipeline Integrity Program.--Section 12(f) of the Pipeline 
Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is amended by 
striking ``2012 through 2015'' and inserting ``2016 through 2019''.

SEC. 3. REGULATORY UPDATES.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and every 90 days thereafter until a final rule 
has been issued for each of the requirements described under paragraphs 
(1), (2), and (3), the Secretary of Transportation shall submit a 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives regarding the status of a final rule for--
            (1) regulations required under the Pipeline Safety 
        Regulatory Certainty and Job Creation Act of 2011 (Public Law 
        112-90; 125 Stat. 1904) for which no interim final rule or 
        direct final rule has been issued;
            (2) any regulation relating to pipeline safety required by 
        law, other than a regulation described under paragraph (1), for 
        which for more than 2 years after the date of the enacting 
        statute or statutory deadline no interim final rule or direct 
        final rule has been issued; and
            (3) any other pipeline safety rulemaking categorized as 
        significant.
    (b) Contents.--Each report under subsection (a) shall include--
            (1) a description of the work plan for the outstanding 
        regulation;
            (2) an updated rulemaking timeline for the outstanding 
        regulation;
            (3) current staff allocations;
            (4) any other information collection request with 
        substantial changes;
            (5) current data collection or research relating to the 
        development of the rulemaking;
            (6) current collaborative efforts with safety experts and 
        other stakeholders;
            (7) any resource constraints impacting the rulemaking 
        process for the outstanding regulation; and
            (8) any other details associated with the development of 
        the rulemaking that impact the progress of the rulemaking.

SEC. 4. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

    The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall--
            (1) rescind the implementation of the June 26, 2015 PHMSA 
        interpretative letter (#14-0178); and
            (2) reinstate paragraphs (4) and (5) of section 172.336(c) 
        of title 49, Code of Federal Regulations, without the reference 
        to ``gasohol'', as was originally intended in the March 7, 2013 
        final rule (PHMSA-2011-0142).

SEC. 5. STATUTORY PREFERENCE.

    The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall prioritize the use of Pipeline and Hazardous 
Materials Safety Administration resources for the completion of each 
outstanding statutory requirement, including requirements for 
rulemakings and information collection requests, for a rulemaking 
described in a report under section 3 before beginning any new 
rulemaking required after the date of the enactment of this Act unless 
the Secretary of Transportation certifies to Congress that there is a 
significant need to move forward with a new rulemaking.

SEC. 6. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

    (a) Report.--Not later than 18 months after the publication of a 
final rule regarding the safety of gas transmission pipelines (76 Fed. 
Reg. 53086), the Comptroller General of the United States shall submit 
a report to Congress regarding the natural gas integrity management 
program.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an analysis of the extent to which the natural gas 
        integrity management program under section 60109(c) of title 
        49, United States Code, has improved the safety of natural gas 
        transmission pipelines;
            (2) an analysis or recommendations, including consideration 
        of technical, operational, and economic feasibility, regarding 
        changes to the program that would prevent inadvertent releases 
        from pipelines and mitigate any adverse consequences of an 
        inadvertent release, including changes to the current 
        definition of high consequence area, or would expand integrity 
        management beyond high consequence areas;
            (3) a review of the cost effectiveness of the legacy class 
        location regulations;
            (4) an analysis of and recommendations regarding what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, should 
        have on risk analysis of a particular pipeline;
            (5) a description of any challenges affecting Federal or 
        State regulators in their oversight of the program and how the 
        challenges are being addressed; and
            (6) a description of any challenges affecting the natural 
        gas industry in complying with the program, and how the 
        challenges are being addressed.
    (c) Definition of High Consequence Area.--In this section and in 
section 7, the term ``high consequence area'' means an area described 
in section 60109(a) of title 49, United States Code.

SEC. 7. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

    (a) Safety Study.--Not later than 18 months after the publication 
of a final rule regarding the safety of hazardous liquid pipelines (80 
Fed. Reg. 61610), the Comptroller General of the United States shall 
submit a report to Congress regarding the hazardous liquid integrity 
management program.
    (b) Contents.--The report under subsection (a) shall include--
            (1) an analysis of the extent to which liquid pipeline 
        integrity management in high consequence areas for operators of 
        certain hazardous liquid pipeline facilities, as regulated 
        under sections 195.450 and 195.452 of title 49, Code of Federal 
        Regulations, has improved the safety of hazardous liquid 
        pipelines;
            (2) recommendations, including consideration of technical, 
        operational, and economic feasibility, regarding changes to the 
        program that could prevent inadvertent releases from pipelines 
        and mitigate any adverse consequences of an inadvertent 
        release, including changes to the current definition of high 
        consequence area;
            (3) an analysis of how surveying, assessment, mitigation, 
        and monitoring activities, including real-time hazardous liquid 
        pipeline monitoring during significant flood events and 
        information sharing with other Federal agencies, are being used 
        to address risks associated with the dynamic and unique nature 
        of rivers, flood plains, and lakes;
            (4) an analysis of and recommendations regarding what 
        impact pipeline features and conditions, including the age, 
        condition, materials, and construction of a pipeline, should 
        have on risk analysis of a particular pipeline and what changes 
        to the definition of high consequence area could be made to 
        improve pipeline safety; and
            (5) a description of any challenges affecting Federal or 
        State regulators in their oversight of the program and how the 
        challenges are being addressed.

SEC. 8. TECHNICAL SAFETY STANDARDS COMMITTEES.

    Section 60115(b)(4)(A) is amended by striking ``State 
commissioners. The Secretary shall consult with the national 
organization of State commissions before selecting those 2 
individuals.'' and inserting ``State officials. The Secretary shall 
consult with national organizations representing State commissioners or 
governors when making a selection under this subparagraph.''

SEC. 9. INSPECTION REPORT INFORMATION.

    (a) In General.--Not later than 30 days after the completion of a 
pipeline safety inspection, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration, or the State authority 
certified under section 60105 of title 49, United States Code, shall--
            (1) conduct a post-inspection briefing with the operator 
        outlining concerns, and to the extent practicable, provide 
        written preliminary findings of the inspection; or
            (2) issue to the operator a final report, notice of 
        amendment of plans or procedures, safety order, or corrective 
        action order, or such other applicable report, notice, or 
        order.
    (b) Report.--
            (1) In general.--The Administrator shall submit an annual 
        report to Congress regarding--
                    (A) the actions that the Pipeline and Hazardous 
                Materials Safety Administration has taken to ensure 
                that inspections by State authorities provide effective 
                and timely oversight; and
                    (B) statistics relating to the timeliness of the 
                actions described in paragraphs (1) and (2) of 
                subsection (a).
            (2) Cessation of effectiveness.--Paragraph (1) shall cease 
        to be effective on September 30, 2019.

SEC. 10. PIPELINE ODORIZATION STUDY.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General of the United States shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that assesses--
            (1) the feasibility of odorizing all combustible gas in 
        transportation;
            (2) the impacts of the odorization of all combustible gas 
        in transportation on manufacturers, agriculture, and other end 
        users; and
            (3) the relative benefits and costs associated with 
        odorizing all combustible gas in transportation compared to 
        using other methods to mitigate pipeline leaks.

SEC. 11. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

    (a) Study.--The Secretary of Transportation, in consultation with 
stakeholders, shall conduct a study on improving existing damage 
prevention programs through technological improvements in location, 
mapping, excavation, and communications practices to prevent accidental 
excavation damage to a pipe or its coating, including considerations of 
technical, operational, and economic feasibility and existing damage 
prevention programs.
    (b) Contents.--The study under subsection (a) shall include--
            (1) an identification of any methods that could improve 
        existing damage prevention programs through location and 
        mapping practices or technologies in an effort to reduce 
        unintended releases caused by excavation;
            (2) an analysis of how increased use of GPS digital mapping 
        technologies, predictive analytic tools, public awareness 
        initiatives including one-call initiatives, the use of mobile 
        devices, and other advanced technologies could supplement 
        existing one-call notification and damage prevention programs 
        to reduce the frequency and severity of incidents caused by 
        excavation damage;
            (3) an identification of any methods that could improve 
        excavation practices or technologies in an effort to reduce 
        pipeline damages;
            (4) an analysis of the feasibility of a national data 
        repository for pipeline excavation accident data that creates 
        standardized data models for storing and sharing pipeline 
        accident information; and
            (5) an identification of opportunities for stakeholder 
        engagement in preventing excavation damage.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives regarding the study under this section, including 
recommendations, that include the consideration of technical, 
operational, and economic feasibility, on how to incorporate, into 
existing damage prevention programs, technological improvements and 
practices that may help prevent accidental excavation damage.

SEC. 12. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS SAFETY 
              ADMINISTRATION.

    (a) Review.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator of the Pipeline and Hazardous Materials 
Safety Administration shall submit to Congress a review of Pipeline and 
Hazardous Materials Safety Administration staff resource management, 
including geographic allocation plans, hiring challenges, and expected 
retirement rates and strategies. The review shall include 
recommendations to address hiring challenges, training needs, and any 
other identified staff resource challenges.
    (b) Critical Hiring Needs.--
            (1) In general.--Beginning on the date on which the review 
        is submitted under subsection (a), the Administrator may 
        certify to Congress, not less frequently than annually, that a 
        severe shortage of qualified candidates or a critical hiring 
        need exists for a position or group of positions in the 
        Pipeline and Hazardous Material Safety Administration.
            (2) Direct hire authority.--Notwithstanding sections 3309 
        through 3318 of title 5, United States Code, the Administrator, 
        after making a certification under paragraph (1), may hire a 
        candidate for the position or candidates for the group of 
        positions, as applicable.
            (3) Terminations of effectiveness.--The direct hire 
        authority provided under paragraph (2) shall terminate on 
        September 30, 2019.

SEC. 13. RESEARCH AND DEVELOPMENT.

    (a) In General.--In developing a research and development program 
plan under paragraph (3) of section 12(d) of the Pipeline Safety 
Improvement Act of 2002 (49 U.S.C. 60101 note), the Administrator of 
the Pipeline and Hazardous Material Safety Administration, in 
consultation with the Assistant Secretary for Research and Technology, 
shall--
            (1) detail compliance with the consultation requirement 
        under paragraph (2) of such section;
            (2) provide opportunities for joint research ventures with 
        non-Federal entities, whenever practicable and appropriate, to 
        leverage limited Federal research resources; and
            (3) permit collaborative research and development projects 
        with appropriate non-Federal organizations.
    (b) Collaborative Safety Research Report.--Section 60124(a)(6) is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) research activities in collaboration with 
                non-Federal entities, including the intended 
                improvements to safety technology, inspection 
                technology, operator response time, and emergency 
                responder incident response time.''.

SEC. 14. INFORMATION SHARING SYSTEM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall convene a 
working group to consider the development of a voluntary no-fault 
information sharing system to encourage collaborative efforts to 
improve inspection information feedback and information sharing with 
the purpose of improving natural gas transmission and hazardous liquid 
pipeline integrity risk analysis.
    (b) Membership.--The working group described in subsection (a) 
shall include representatives from--
            (1) the Pipeline and Hazardous Materials Safety 
        Administration;
            (2) industry stakeholders, including operators of pipeline 
        facilities, inspection technology vendors, and pipeline 
        inspection organizations;
            (3) safety advocacy groups;
            (4) research institutions;
            (5) State public utility commissions or State officials 
        responsible for pipeline safety oversight;
            (6) State pipeline safety inspectors; and
            (7) labor representatives.
    (c) Considerations.--The working group described in subsection (a) 
shall consider and provide recommendations, if applicable, to the 
Secretary on--
            (1) the need for and the identification of a system to 
        ensure that dig verification data is shared with inline 
        inspection operators to the extent consistent with the need to 
        maintain proprietary and security sensitive data in a 
        confidential manner to improve pipeline safety and inspection 
        technology;
            (2) ways to encourage the exchange of pipeline inspection 
        information and the development of advanced pipeline inspection 
        technologies and enhanced risk analysis;
            (3) opportunities to share data, including dig verification 
        data between operators of pipeline facilities and in-line 
        inspector vendors to expand knowledge of the advantages and 
        disadvantages of the different types of in-line inspection 
        technology and methodologies;
            (4) options to create a secure system that protects 
        proprietary data while encouraging the exchange of pipeline 
        inspection information and the development of advanced pipeline 
        inspection technologies and enhanced risk analysis; and
            (5) regulatory, funding, and legal barriers to sharing the 
        information described in paragraphs (1) through (4).
    (d) FACA.--The working group shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).
    (e) Publication.--The Secretary shall publish the recommendations 
provided under subsection (c) on a publicly available website.

SEC. 15. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY DATABASE.

    (a) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Transportation shall submit a 
report to Congress on the feasibility of a national integrated pipeline 
safety regulatory inspection database to improve communication and 
collaboration between the Pipeline and Hazardous Materials Safety 
Administration and State pipeline regulators.
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description of any efforts currently underway to test 
        a secure information-sharing system for the purpose described 
        in subsection (a);
            (2) a description of any progress in establishing common 
        standards for maintaining, collecting, and presenting pipeline 
        safety regulatory inspection data, and a methodology for the 
        sharing of the data;
            (3) a description of any existing inadequacies or gaps in 
        State and Federal inspection, enforcement, geospatial, or other 
        pipeline safety regulatory inspection data;
            (4) a description of the potential safety benefits of a 
        national integrated pipeline database; and
            (5) recommendations for how to implement a secure 
        information-sharing system that protects proprietary and 
        security sensitive information and data for the purpose 
        described in subsection (a).
    (c) Consultation.--In preparing the report under subsection (a), 
the Secretary shall consult with stakeholders, including each State 
authority operating under a certification to regulate intrastate 
pipelines under section 60105 of title 49, United States Code.

SEC. 16. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

    (a) Defined Term.--Section 60101(a) is amended--
            (1) in paragraph (21)(B), by striking the period at the end 
        and inserting a semicolon;
            (2) in paragraph (24), by striking ``and'' at the end;
            (3) in paragraph (25), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(27) `underground natural gas storage facility' means a 
        gas pipeline facility that stores gas in an underground 
        facility, including--
                    ``(A) a depleted hydrocarbon reservoir;
                    ``(B) an aquifer reservoir; or
                    ``(C) a solution mined salt cavern reservoir.''.
    (b) Standards for Underground Natural Gas Storage Facilities.--
Chapter 601 is amended by inserting after section 60103 the following:
``Sec. 60103A. Standards for underground natural gas storage facilities
    ``(a) Minimum Uniform Safety Standards.--Not later than 2 years 
after the date of the enactment of the SAFE PIPES Act, the Secretary of 
Transportation, in consultation with the heads of other relevant 
Federal agencies, shall issue minimum uniform safety standards, 
incorporating, to the extent practicable, consensus standards for the 
operation, environmental protection, and integrity management of 
underground natural gas storage facilities.
    ``(b) Considerations.--In developing uniform safety standards under 
subsection (a), the Secretary shall--
            ``(1) consider the economic impacts of the regulations on 
        individual gas customers to the extent practicable;
            ``(2) ensure that the regulations do not have a significant 
        economic impact on end users to the extent practicable; and
            ``(3) consider existing consensus standards.
    ``(c) User Fees.--
            ``(1) In general.--A fee shall be imposed on an entity 
        operating an underground natural gas storage facility to which 
        this section applies. Any such fee imposed shall be collected 
        before the end of the fiscal year to which it applies.
            ``(2) Means of collection.--The Secretary shall prescribe 
        procedures to collect fees under this subsection. The Secretary 
        may use a department, agency, or instrumentality of the United 
        States Government or of a State or local government to collect 
        the fee and may reimburse the department, agency, or 
        instrumentality a reasonable amount for its services.
            ``(3) Use of fees.--
                    ``(A) Account.--There is established an underground 
                natural gas storage facility safety account in the 
                Pipeline Safety Fund established under section 60301, 
                in the Treasury of the United States.
                    ``(B) Use of fees.--A fee collected under this 
                subsection--
                            ``(i) shall be deposited in the underground 
                        natural gas storage facility safety account; 
                        and
                            ``(ii) if the fee is related to an 
                        underground natural gas storage facility, may 
                        be used only for an activity related to 
                        underground natural gas storage safety under 
                        this section.
                    ``(C) Limitation.--Amounts collected under this 
                subsection shall be made available only to the extent 
                provided in advance in an appropriation law for an 
                activity related to underground natural gas storage 
                safety.
    ``(d) Rules of Construction.--
            ``(1) In general.--Nothing in this section may be construed 
        to affect any Federal regulation relating to gas pipeline 
        facilities that is in effect on the day before the date of 
        enactment of the SAFE PIPES Act.
            ``(2) Limitations.--Nothing in this section may be 
        construed to authorize the Secretary--
                    ``(A) to prescribe the location of an underground 
                natural gas storage facility; or
                    ``(B) to require the Secretary's permission to 
                construct a facility referred to in subparagraph 
                (A).''.
    (c) Clerical Amendment.--The table of sections for chapter 601 is 
amended by inserting after the item relating to section 60103 the 
following:

``60103A. Standards for underground natural gas storage facilities.''.

SEC. 17. JOINT INSPECTION AND OVERSIGHT.

    To ensure the safety of pipeline transportation, the Secretary of 
Transportation shall coordinate with States to ensure safety through 
the following:
            (1) At the request of a State authority, the Secretary 
        shall allow for a certified state authority under section 60105 
        of title 49, United States Code, to participate in the 
        inspection of an interstate pipeline facility.
            (2) Where appropriate, may provide temporary authority for 
        a certified State authority under that section to participate 
        in oversight of interstate pipeline safety transportation to 
        ensure proper safety oversight and prevent an adverse impact on 
        public safety.

SEC. 18. RESPONSE PLANS.

    In preparing or reviewing a response plan under part 194 of title 
49, Code of Federal Regulations, the Administrator of the Pipeline and 
Hazardous Materials Safety Administration and an operator shall each 
consider, to the maximum extent practicable, the impact of a worse case 
discharge of oil, or the substantial threat of such a discharge, into 
or on any navigable waters or adjoining shorelines that may be covered 
in whole or in part by ice.

SEC. 19. HIGH CONSEQUENCE AREAS.

    The Secretary of Transportation shall revise section 195.6(b) of 
title 49, Code of Federal Regulations to explicitly state that the 
Great Lakes are a USA ecological resource (as defined in section 
195.6(b) of that title) for purposes of determining whether a pipeline 
is in a high consequence area (as defined in section 195.450 of that 
title).

SEC. 20. SURFACE TRANSPORTATION SECURITY REVIEW.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress on the staffing, resource allocation, oversight strategy, and 
management of the Transportation Security Administration's pipeline 
security program and other surface transportation programs. The report 
shall include information on the coordination between the 
Transportation Security Administration, other Federal stakeholders, and 
industry.

SEC. 21. SMALL SCALE LIQUEFIED NATURAL GAS FACILITIES.

    (a) Defined Term.--Section 60101(a), as amended by section 16, is 
further amended by inserting after paragraph (25) the following:
            ``(26) `small scale liquefied natural gas facility' means 
        an intrastate liquefied natural gas facility (other than a peak 
        shaving facility) that produces liquefied natural gas for--
                    ``(A) use as a fuel in the United States; or
                    ``(B) transportation in the United States by a 
                means other than a pipeline facility; and''.
    (b) Siting Standards for Small Scale Liquefied Natural Gas 
Facilities.--Section 60103(a) is amended to read as follows:
    ``(a) Location Standards.--
            ``(1) In general.--The Secretary of Transportation shall 
        prescribe minimum safety standards for deciding on the location 
        of a new liquefied natural gas pipeline facility or small scale 
        liquefied natural gas facility.
            ``(2) Liquefied natural gas facilities.--In prescribing a 
        minimum safety standard for deciding on the location of a new 
        liquefied natural gas facility, the Secretary of Transportation 
        shall consider--
                    ``(A) the kind and use of the facility;
                    ``(B) the existing and projected population and 
                demographic characteristics of the location;
                    ``(C) the existing and proposed land uses near the 
                location;
                    ``(D) the natural physical aspects of the location;
                    ``(E) medical, law enforcement, and fire prevention 
                capabilities near the location that can cope with a 
                risk caused by the facility; and
                    ``(F) the need to encourage remote siting.
            ``(3) Small scale liquefied natural gas facilities.--
                    ``(A) In general.--Not later than 18 months after 
                the date of the enactment of the SAFE PIPES Act, the 
                Secretary of Transportation shall prescribe minimum 
                safety standards for small scale liquefied natural gas 
                facilities.
                    ``(B) Considerations.--In prescribing minimum 
                safety standards under this paragraph, the Secretary 
                shall consider--
                            ``(i) the value of establishing risk-based 
                        approaches;
                            ``(ii) the benefit of incorporating 
                        industry standards and best practices;
                            ``(iii) the need to encourage the use of 
                        best available technology; and
                            ``(iv) the factors prescribed in paragraph 
                        (2), as appropriate.''.

SEC. 22. REPORT ON NATURAL GAS LEAK REPORTING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall submit to Congress a report on 
the metrics provided to the Pipeline and Hazardous Materials Safety 
Administration and other Federal and State agencies related to lost and 
unaccounted for natural gas from distribution pipelines and systems.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) An examination of different reporting requirements or 
        standards for lost and unaccounted for natural gas to different 
        agencies, the reasons for any such discrepancies, and 
        recommendations for harmonizing and improving the accuracy of 
        reporting.
            (2) An analysis of whether separate or alternative 
        reporting could better measure the amounts and identify the 
        location of lost and unaccounted for natural gas from natural 
        gas distribution systems.
            (3) A description of potential safety issues associated 
        with natural gas that is lost and unaccounted for from natural 
        gas distribution systems.
            (4) An assessment of whether alternate reporting and 
        measures will resolve any safety issues identified under 
        paragraph (3), including an analysis of the potential impact, 
        including potential savings, on rate payers and end users of 
        natural gas products of such reporting and measures.
    (c) Consideration of Recommendations.--If the Administrator 
determines that alternate reporting structures or recommendations 
included in the report required under subsection (a) would 
significantly improve the reporting and measurement of lost and 
unaccounted for gas or safety of systems, the Administrator shall, not 
later than 180 days after making such determination, issue regulations, 
as the Administrator determines appropriate, to implement the 
recommendations.

SEC. 23. COMPTROLLER GENERAL REVIEW OF STATE POLICIES RELATING TO 
              NATURAL GAS LEAKS.

    (a) Review.--The Comptroller General of the United States shall 
conduct a State-by-State review of State-level policies that--
            (1) encourage the repair and replacement of leaking natural 
        gas distribution pipelines or systems that pose a safety 
        threat, such as timelines to repair leaks and limits on cost 
        recovery from ratepayers; and
            (2) that may create barriers for entities to conduct work 
        to repair and replace leaking natural gas pipelines or 
        distribution systems.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress and the 
Pipeline and Hazardous Materials Safety Administration a report 
summarizing the findings of the review conducted under subsection (a) 
and making recommendations on Federal or State policies or best 
practices that may improve safety by accelerating the repair and 
replacement of natural gas pipelines or systems that are leaking or 
releasing natural gas, including policies within the jurisdiction of 
the Pipeline and Hazardous Materials Safety Administration. The report 
shall consider the potential impact, including potential savings, of 
the implementation of its recommendations on ratepayers or end users of 
the natural gas pipeline system.
    (c) Consideration of Recommendations.--If the Comptroller General 
makes recommendations in the report submitted under subsection (a) on 
Federal or State policies or best practices within the jurisdiction of 
the Pipeline and Hazardous Materials Safety Administration, the 
Administrator shall, not later than 90 days after such submission, 
review such recommendations and report to Congress on the feasibility 
of implementing such recommendations. If the Administrator determines 
that the recommendations would significantly improve pipeline safety, 
the Administrator shall, not later than 180 days after making such 
determination and in coordination with the heads of other relevant 
agencies as appropriate, issue regulations, as the Administrator 
determines appropriate, to implement the recommendations.

SEC. 24. PROVISION OF PIPELINE OIL SPILL RESPONSE PLANS TO 
              CONGRESSIONAL COMMITTEES.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall, upon request of the Chairman or Ranking Member of 
an appropriate congressional committee, provide to such committee full 
and unredacted copies of oil spill response plans.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Transportation and Infrastructure and 
        the Committee on Energy and Commerce of the House of 
        Representatives.

SEC. 25. CONSULTATION WITH FERC AS PART OF PRE-FILING PROCEDURES AND 
              PERMITTING PROCESS FOR NEW NATURAL GAS PIPELINE 
              INFRASTRUCTURE.

    The Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall consult with the Federal Energy Regulatory 
Commission during its pre-filing procedures and permitting process for 
new natural gas pipeline infrastructure to ensure the protection of 
people and the environment from the risks of hazardous materials 
transportation.
                                                       Calendar No. 370

114th CONGRESS

  2d Session

                                S. 2276

                          [Report No. 114-209]

_______________________________________________________________________

                                 A BILL

 To amend title 49, United States Code, to provide enhanced safety in 
            pipeline transportation, and for other purposes.

_______________________________________________________________________

                           February 24, 2016

                       Reported with an amendment