[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5120 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 545
116th CONGRESS
  2d Session
                                H. R. 5120

                      [Report No. 116-661, Part I]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2019

  Mr. DeFazio (for himself and Mr. Pallone) introduced the following 
    bill; which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

                           December 17, 2020

                     Additional sponsor: Ms. Norton

                           December 17, 2020

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 17, 2020

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 15, 2019]


_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to provide enhanced safety and 
  environmental protection 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Sh-ort Title.--This Act may be cited as the ``Safe, 
Accountable, Fair, and Environmentally Responsible Pipelines Act of 
2019'' or the ``SAFER Pipelines Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Purpose and general authority.
Sec. 4. State pipeline safety program certifications.
Sec. 5. State pipeline safety grants.
Sec. 6. Inspection and maintenance.
Sec. 7. Risk analysis and integrity management programs.
Sec. 8. Community right-to-know and emergency preparedness.
Sec. 9. Cost recovery for design reviews.
Sec. 10. Actions by private persons.
Sec. 11. Civil penalties.
Sec. 12. Criminal penalties.
Sec. 13. Emergency response grants.
Sec. 14. Verification of pipeline qualification programs.
Sec. 15. National pipeline mapping system.
Sec. 16. Congressional access to oil spill response plans.
Sec. 17. Leak detection technology.
Sec. 18. Gas pipeline repair criteria.
Sec. 19. Methane release mitigation.
Sec. 20. Unusually sensitive areas.
Sec. 21. User fees for underground natural gas storage facilities.
Sec. 22. Seismicity.
Sec. 23. Advancement of new pipeline safety technologies and 
                            approaches.
Sec. 24. Workforce.
Sec. 25. Hiring report.
Sec. 26. Plan to combine State damage prevention and one-call 
                            notification programs.
Sec. 27. Gas gathering lines.
Sec. 28. Regulatory updates.
Sec. 29. Component verification.
Sec. 30. Codification of final rule.
Sec. 31. Threatening safe operations of pipeline infrastructure.
Sec. 32. Penalty for causing a defect in pipeline infrastructure under 
                            construction.
Sec. 33. Use of a firearm to damage pipeline infrastructure under 
                            construction.
Sec. 34. Pipeline safety voluntary information-sharing system.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Operational Expenses.--There are authorized to be appropriated 
to the Secretary of Transportation for the necessary operational 
expenses of the Pipeline and Hazardous Materials Safety Administration 
the following amounts:
            (1) $24,215,000 for fiscal year 2020.
            (2) $24,941,450 for fiscal year 2021.
            (3) $26,460,000 for fiscal year 2022.
            (4) $27,254,000 for fiscal year 2023.
    (b) Gas and Hazardous Liquid.--Section 60125(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (1) by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) $160,800,000 for fiscal year 2020, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $60,000,000 shall be expended for making 
                grants;
                    ``(B) $165,624,000 for fiscal year 2021 of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $61,800,000 shall be expended for making 
                grants;
                    ``(C) $170,600,000 for fiscal year 2022, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $63,650,000 shall be expended for making 
                grants; and
                    ``(D) $175,700,000 for fiscal year 2023, of which 
                $10,000,000 shall be expended for carrying out such 
                section 12 and $65,560,000 shall be expended for making 
                grants.'';
            (2) in paragraph (2) by striking subparagraphs (A) through 
        (D) and inserting the following:
                    ``(A) $25,000,000 for fiscal year 2020, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants;
                    ``(B) $25,000,000 for fiscal year 2021, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants;
                    ``(C) $26,000,000 for fiscal year 2022, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants; and
                    ``(D) $26,000,000 for fiscal year 2023, of which 
                $5,000,000 shall be expended for carrying out such 
                section 12 and $9,000,000 shall be expended for making 
                grants.''; and
            (3) in paragraph (3) by striking ``$8,000,000 for each of 
        fiscal years 2017 through 2019'' and inserting ``$9,000,000 for 
        each of fiscal years 2020 through 2023''.
    (c) Emergency Response Grants.--Section 60125(b)(2) of title 49, 
United States Code, is amended by striking ``$10,000,000 for each of 
fiscal years 2012 through 2015'' and inserting ``$12,000,000 for each 
of fiscal years 2020 through 2023''.
    (d) Pipeline Safety Information Grants to Communities.--Section 
60130(c) of title 49, United States Code, is amended by striking 
``section 2(b) of the PIPES Act of 2016, the Secretary shall expend 
$1,500,000 for each of fiscal years 2016 through 2019 to carry out this 
section. Such amounts shall not be derived from user fees collected 
under section 60301'' and inserting ``section 2(a) of the SAFER 
Pipelines Act of 2019, the Secretary shall expend $2,000,000 for each 
of fiscal years 2020 through 2023 to carry out this section''.
    (e) State Damage Prevention Programs.--Section 60134(i) of title 
49, United States Code, is amended by striking ``$1,500,000 for each of 
fiscal years 2012 through 2015'' and inserting ``$2,000,000 for each of 
fiscal years 2020 through 2023''.
    (f) One-Call Notification Programs.--Section 6107 of title 49, 
United States Code, is amended by striking ``$1,058,000 for each of 
fiscal years 2016 through 2019'' and inserting ``$2,000,000 for each of 
fiscal years 2020 through 2023''.

SEC. 3. PURPOSE AND GENERAL AUTHORITY.

    (a) Cost-Benefit Analysis.--Section 60102(b) of title 49, United 
States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking subparagraphs (C) through (E); and
                    (B) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (C) and (D), respectively; and
            (2) by striking paragraphs (3) through (7).
    (b) Safety-Related Condition Reporting.--
            (1) Availability of information to first responders.--
        Section 60102(h) of title 49, United States Code, is amended--
                    (A) in paragraph (2) by striking ``Notice of the 
                condition shall be given concurrently to appropriate 
                State authorities.''; and
                    (B) by adding at the end the following:
    ``(3)(A) Notice of the condition of an intrastate or interstate 
pipeline facility shall be given concurrently to appropriate State 
authorities.
    ``(B) The Secretary shall require that, upon receipt of a report on 
a safety-related condition submitted under this section, a State agency 
shall provide the report, upon request, to any relevant State emergency 
response commission, tribal emergency response commission, tribal 
emergency planning committee, local emergency planning committee, local 
government, or public agency responsible for emergency response, 
including any updates to the report received by the State agency.''.
            (2) Exemption removal.--Section 60102(h) of title 49, 
        United States Code, is further amended by adding at the end the 
        following:
    ``(4) Regulations prescribed by the Secretary under this section 
may not exempt a condition from being subject to reporting requirements 
if the exemption of such condition would reduce or eliminate the value 
of the reports as leading indicators of safety or environmental 
hazards.''.
    (c) Automatic or Remote-Controlled Shut-Off Valves.--Section 
60102(n)(1) of title 49, United States Code, is amended to read as 
follows:
            ``(1) High consequence areas.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the SAFER Pipelines Act of 2019, 
                the Secretary shall issue regulations to require 
                operators of transmission pipeline facilities to 
                install and use automatic or remote-controlled shut-off 
                valves for such pipeline facilities that are located in 
                high consequence areas (as defined in part 192 or 195 
                of title 49, Code of Federal Regulations, as 
                applicable).
                    ``(B) Other areas.--The Secretary may issue 
                regulations to require operators of transmission 
                pipeline facilities to install and use automatic or 
                remote-controlled shut-off valves for such pipeline 
                facilities that are not located in areas described in 
                subparagraph (A).''.
    (d) Crack Management.--Section 60102 of title 49, United States 
Code, is amended by adding at the end the following:
    ``(q) Crack Management.--
            ``(1) In general.--
                    ``(A) High consequence areas.--Not later than 2 
                years after the date of enactment of this subsection, 
                the Secretary shall issue regulations to require 
                operators of gas pipeline facilities and hazardous 
                liquid pipeline facilities that are located in high 
                consequence areas (as defined in part 192 or 195 of 
                title 49, Code of Federal Regulations, as applicable) 
                to address and repair cracks in such facilities.
                    ``(B) Other areas.--The Secretary may issue 
                regulations to require operators of gas pipeline 
                facilities and hazardous liquid pipeline facilities 
                that are not located in areas described in subparagraph 
                (A) to address and repair cracks in such facilities.
            ``(2) Requirements.--Regulations issued under paragraph (1) 
        shall specify--
                    ``(A) under what conditions an engineering 
                assessment of cracks, including environmentally 
                assisted cracks, must be performed;
                    ``(B) acceptable methods for performing an 
                engineering assessment on a pipeline, including the 
                assessment of cracks coinciding with corrosion;
                    ``(C) criteria for determining whether the 
                excavation of a pipeline segment is required due to a 
                probable crack, and deadlines for completing any 
                excavation so required;
                    ``(D) pressure restriction limits for pipelines for 
                which a determination is made to excavate such pipeline 
                pursuant to the requirements of subparagraph (C); and
                    ``(E) acceptable methods for determining crack 
                growth for any cracks not required to be repaired under 
                the regulations, including growth caused by fatigue, 
                corrosion fatigue, or stress corrosion cracking, as 
                applicable.''.

SEC. 4. STATE PIPELINE SAFETY PROGRAM CERTIFICATIONS.

    Section 60105(e) of title 49, United States Code, is amended--
            (1) by inserting ``In carrying out this subsection, the 
        Secretary may request that a State authority provide records of 
        any inspection of a pipeline facility made by the State 
        authority or any investigation described in subsection 
        (c)(1)(B).'' after ``with the certification.''; and
            (2) by inserting after ``under this subsection'' the 
        following: ``, including, upon request by the Secretary, by 
        authorizing the Secretary to participate in such an inspection 
        or investigation''.

SEC. 5. STATE PIPELINE SAFETY GRANTS.

    Section 60107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Grants for Rendering Aid.--The Secretary may make an 
additional payment, to a State receiving a payment under subsection 
(a), to pay the costs incurred by the State in rendering aid to another 
State to respond to a natural disaster or major pipeline incident.''.

SEC. 6. INSPECTION AND MAINTENANCE.

    Section 60108 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Pipeline Construction Project Data Collection.--The Secretary 
may require the owner or operator of a pipeline facility to provide to 
the Secretary information the Secretary determines appropriate 
regarding construction of the pipeline facility, including relating to 
any shutdown of such construction.''.

SEC. 7. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

    Section 60109(c) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(12) Use of direct assessments.--
                    ``(A) Transmission pipeline facilities 
                regulation.--Not later than 2 years after the date of 
                enactment of this paragraph, the Secretary shall issue 
                regulations for appropriate methods of assessment of 
                transmission pipeline facilities under paragraph (3) 
                that prioritize the use of other inspection methods 
                before, in tandem with, or in lieu of, the use of 
                direct assessment, including internal inspection 
                devices or pressure testing, to provide a greater level 
                of safety.
                    ``(B) Distribution pipelines study.--Not later than 
                2 years after the date of enactment of this paragraph, 
                the Secretary shall submit to the Committees on Energy 
                and Commerce and Transportation and Infrastructure of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report containing--
                            ``(i) the results of a study of methods of 
                        assessment of distribution pipelines that may 
                        be used under paragraph (3), other than direct 
                        assessment, to determine whether any such 
                        methods--
                                    ``(I) would provide a greater level 
                                of safety than direct assessment of 
                                such pipelines; and
                                    ``(II) are feasible; and
                            ``(ii) any recommendations based on such 
                        study.''.

SEC. 8. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY PREPAREDNESS.

    (a) In General.--Section 60116 of title 49, United States Code, is 
amended to read as follows:
``Sec. 60116. Community right-to-know and emergency preparedness
    ``(a) Public Education Programs.--
            ``(1) In general.--Each owner or operator of a gas or 
        hazardous liquid pipeline facility shall carry out a continuing 
        program to educate the public on--
                    ``(A) the use of a one-call notification system 
                prior to excavation and other damage prevention 
                activities;
                    ``(B) the possible hazards associated with 
                unintended releases from the pipeline facility; and
                    ``(C) the physical indications that a release from 
                a pipeline facility may have occurred, the steps that 
                should be taken for public safety in the event of such 
                a release, and how to report such a release.
            ``(2) Review and modification of existing programs.--Not 
        later than 1 year after the date of enactment of the SAFER 
        Pipelines Act of 2019, each owner or operator of a gas or 
        hazardous liquid pipeline facility shall--
                    ``(A) review its existing public education program 
                for effectiveness, and modify the program as necessary; 
                and
                    ``(B) submit to the Secretary for review a detailed 
                description of its public education program, including 
                any modifications made to the program under 
                subparagraph (A).
            ``(3) Standards; material.--The Secretary may--
                    ``(A) issue standards for public education programs 
                under this subsection, including standards providing 
                for periodic review of such programs and modification 
                of such programs as needed; and
                    ``(B) develop material for use in the programs.
    ``(b) Liaison With State, Local, and Tribal Emergency Response 
Entities.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the SAFER Pipelines Act of 2019, an operator of a 
        gas or hazardous liquid pipeline facility shall establish 
        liaison with--
                    ``(A) any State entity with responsibility for 
                pipeline emergency response in each State in which the 
                pipeline facility is located;
                    ``(B) the appropriate local emergency planning 
                entity in each emergency planning district in which the 
                pipeline facility is located; and
                    ``(C) any Tribal entity with responsibility for 
                pipeline emergency response or planning in the area in 
                which the pipeline facility is located.
            ``(2) Communities without local or tribal emergency 
        planning or response entities.--In a community for which a 
        local or Tribal entity described in paragraph (1) does not 
        exist, the operator of a gas or hazardous liquid pipeline 
        facility shall liaise, to the extent practicable, with the 
        local fire, police, and other emergency response entities.
            ``(3) Availability of information.--
                    ``(A) Evaluation.--Not later than 2 years after the 
                date of enactment of the SAFER Pipelines Act of 2019, 
                and based on the consultation required under 
                subparagraph (C), the Secretary shall conduct an 
                evaluation and determine whether State, local, and 
                Tribal entities described in paragraphs (1) and (2) 
                have sufficient access to pipeline emergency response 
                information.
                    ``(B) Regulation.--If the Secretary determines 
                under subparagraph (A) that State, local, and Tribal 
                entities described in paragraphs (1) and (2) do not 
                have sufficient access to pipeline emergency response 
                information, the Secretary shall issue regulations not 
                later than 3 years after the date of enactment of the 
                SAFER Pipelines Act of 2019 specifying relevant 
                emergency response information and requiring each 
                operator of a gas or hazardous liquid pipeline facility 
                to make such information available to the applicable 
                State, local, and Tribal entities described in 
                paragraphs (1) and (2).
                    ``(C) Consultation.--In conducting the evaluation 
                under subparagraph (A), the Secretary shall consult 
                with national organizations representing State, local, 
                and Tribal entities described in paragraphs (1) and (2) 
                and the technical safety standards committees described 
                in section 60115.''.
    (b) Conforming Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is amended by striking the item relating 
to section 60116 and inserting the following:

``60116. Community right-to-know and emergency preparedness.''.

SEC. 9. COST RECOVERY FOR DESIGN REVIEWS.

    Section 60117(n)(1)(B)(i) of title 49, United States Code, is 
amended by striking ``$2,500,000,000'' and inserting ``$250,000,000''.

SEC. 10. ACTIONS BY PRIVATE PERSONS.

    Section 60121 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Mandamus.--A person may bring a civil action in an 
appropriate district court of the United States to compel the Secretary 
to perform a nondiscretionary duty under this chapter that the 
Secretary has failed to perform.''.

SEC. 11. CIVIL PENALTIES.

    (a) Increased Penalties.--Section 60122(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``$200,000'' and inserting 
                ``$20,000,000''; and
                    (B) by striking ``The maximum civil penalty under 
                this paragraph for a related series of violations is 
                $2,000,000.''; and
            (2) in paragraph (2) by striking ``$50,000'' and inserting 
        ``$20,000,000''.
    (b) Deposit in Highway Trust Fund.--Penalties collected pursuant to 
amendments made by this section shall be transferred to the Highway 
Account of the Highway Trust Fund.

SEC. 12. CRIMINAL PENALTIES.

    Section 60123(a) of title 49, United States Code, is amended by 
striking ``knowingly and willfully'' and inserting ``knowingly or 
recklessly''.

SEC. 13. EMERGENCY RESPONSE GRANTS.

    Section 60125(b)(1) of title 49, United States Code, is amended by 
striking ``and local governments in high consequence areas, as defined 
by the Secretary,'' and inserting ``local, and Tribal governments, and 
nonprofit organizations providing pipeline emergency response 
training,''.

SEC. 14. VERIFICATION OF PIPELINE QUALIFICATION PROGRAMS.

    Section 60131(g) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following paragraph:
            ``(3) with respect to any pipeline facility, means a 
        construction task that is performed on the pipeline 
        facility.''.

SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM.

    (a) Information To Be Provided.--Section 60132(a) of title 49, 
United States Code, is amended--
            (1) by striking ``Not later than 6 months after the date of 
        enactment of this section, the'' and inserting ``The''; and
            (2) by striking ``(except distribution lines and gathering 
        lines)'' and inserting ``, including a distribution line or a 
        gathering line (but not including any gathering lines that are 
        not regulated under part 192 or part 195 of title 49, Code of 
        Federal Regulations),''.
    (b) Requirements for Provision of Information.--Section 60132 of 
title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``under subsection (a)'' 
        and inserting ``under this section for inclusion in the 
        National Pipeline Mapping System'';
            (2) in subsection (f) by striking ``to subsection (a)'' and 
        inserting ``to this section for inclusion in the National 
        Pipeline Mapping System''; and
            (3) by adding at the end the following:
    ``(g) Requirements for Covered Facilities.--Not later than 1 year 
after a pipeline facility described in subsection (a) becomes covered 
by such subsection, the operator of such facility shall provide to the 
Secretary the information required under paragraphs (1) through (4) of 
such subsection with respect to such facility.
    ``(h) Additional Information on Distribution Lines.--Not later than 
2 years after a distribution line becomes covered by subsection (a), 
the operator of such distribution line shall provide to the Secretary, 
in addition to the information required under paragraphs (1) through 
(4) of subsection (a), information on the distribution systems that 
could lead to a point of failure, including--
            ``(1) sensing lines;
            ``(2) regulator stations;
            ``(3) automatic or remote-controlled shut-off valves; and
            ``(4) any other distribution pipeline technology or feature 
        that the Secretary determines is appropriate to ensure safety.
    ``(i) Update to System.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection--
                    ``(A) the Secretary shall determine whether the 
                inclusion of additional information in the National 
                Pipeline Mapping System would improve the preparation 
                and response efforts of emergency responders with 
                access to the System; and
                    ``(B) if the Secretary determines under 
                subparagraph (A) that inclusion of additional 
                information in the National Pipeline Mapping System 
                would improve the preparation and response efforts of 
                emergency responders with access to the System, the 
                Secretary shall issue regulations--
                            ``(i) identifying such additional 
                        information as the Secretary determines would 
                        improve emergency preparedness and response 
                        efforts; and
                            ``(ii) requiring each person providing 
                        information under subsection (a) to provide 
                        such additional information.
            ``(2) Considerations.--In carrying out paragraph (1), the 
        Secretary shall consider inclusion, to the extent practicable, 
        of the following information:
                    ``(A) A description of the pipeline facility, 
                including the length of the facility and origin and 
                termination points.
                    ``(B) A 5-year incident, and inspection and 
                enforcement, history for the pipeline facility.
                    ``(C) If applicable, a summary of any integrity 
                management program activities related to the pipeline 
                facility.''.
    (c) Additional Information on Distribution Lines.--Not later than 1 
year after the date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to specify the information required 
to be provided pursuant to section 60132(h) of title 49, United States 
Code.

SEC. 16. CONGRESSIONAL ACCESS TO OIL SPILL RESPONSE PLANS.

    Section 60138(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``and'';
            (2) in paragraph (2)(D) by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) provide to a Member of Congress, upon request from 
        such Member, a copy of any such plan, the contents of which the 
        Secretary may not redact but may note, as the Secretary 
        determines appropriate--
                    ``(A) proprietary information; and
                    ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations.''.

SEC. 17. LEAK DETECTION TECHNOLOGY.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 60142. Leak detection technology
    ``(a) Leak Detection Technology.--Not later than 1 year after the 
date of enactment of this section, the Secretary shall issue 
regulations requiring each operator of a gas pipeline facility to 
install and use advanced leak detection technology on all gas pipelines 
it operates.
    ``(b) Requirements.--The advanced leak detection technology 
required under subsection (a) shall, at a minimum--
            ``(1) have a high accuracy of identifying leak location;
            ``(2) be capable of measuring methane concentrations in 
        parts per billion; and
            ``(3) be capable of correlating methane concentration 
        measurements to data produced by geographic information systems 
        technology.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``60142. Leak detection technology.''.

SEC. 18. GAS PIPELINE REPAIR CRITERIA.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 60143. Gas pipeline repair criteria
    ``(a) Leak Repair for Large Loss Event.--Not later than 1 year 
after the date of enactment of this section, the Secretary shall issue 
regulations requiring each operator of a gas pipeline facility to--
            ``(1) immediately repair a leak in a gas pipeline facility 
        it operates that results in a large loss event; and
            ``(2) report information to the Secretary with respect to 
        such large loss event, including--
                    ``(A) the location of such large loss event;
                    ``(B) the total estimated volume of gas released 
                during such event;
                    ``(C) the cause of the failure; and
                    ``(D) the time from the detection of a gas leak to 
                the completion of the repair of such leak.
    ``(b) Large Loss Event Defined.--In this section, the term `large 
loss event' means the loss of 300,000 cubic feet or more of gas.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is further amended by adding at the end 
the following new item:

``60143. Gas pipeline repair criteria.''.

SEC. 19. METHANE RELEASE MITIGATION.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 60144. Methane release mitigation
    ``(a) Methane Capture From Routine Operations or Maintenance.--Not 
later than 1 year after the date of enactment of this section, the 
Secretary shall issue regulations requiring each operator of a gas 
pipeline facility to use the best available technology to capture gas 
released when performing routine operations or maintenance on the 
pipeline facility.
    ``(b) Regulations.--In issuing regulations under subsection (a), 
the Secretary shall establish--
            ``(1) requirements for the capture of gas released from 
        routine operations, including venting to relieve pressure;
            ``(2) requirements for the capture of gas released from 
        maintenance operations, including blowdowns; and
            ``(3) procedures for emergency situations that result in a 
        release of gas.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is further amended by adding at the end 
the following new item:

``60144. Methane release mitigation.''.

SEC. 20. UNUSUALLY SENSITIVE AREAS.

    (a) Coastal Waters; Coastal Beaches.--Section 19 of the PIPES Act 
of 2016 (49 U.S.C. 60109 note) is amended--
            (1) in subsection (b) by striking ``marine coastal waters'' 
        and inserting ``coastal waters''; and
            (2) by adding at the end the following:
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Coastal beaches.--The term `coastal beaches' means 
        the land between high and low water marks of coastal waters.
            ``(2) Coastal waters.--The term `coastal waters' has the 
        meaning given such term in section 4101 of the Shore Protection 
        Act of 1988 (33 U.S.C. 2601).''.
    (b) Coastal Waters.--Section 60109(b)(2) of title 49, United States 
Code, is amended by striking ``marine coastal waters'' and inserting 
``coastal waters''.
    (c) Updates.--Not later than 90 days after the date of enactment of 
this section, the Secretary of Transportation shall complete the 
revision required under section 19(b) of the PIPES Act of 2016 (49 
U.S.C. 60109 note), as amended by this section.

SEC. 21. USER FEES FOR UNDERGROUND NATURAL GAS STORAGE FACILITIES.

    Section 60302 of title 49, United States Code, is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A) by striking ``and'' at the 
                end;
                    (B) in subparagraph (B) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) may only be used to the extent provided in 
                advance in an appropriations Act.'';
            (2) by striking paragraph (3) of subsection (c); and
            (3) by adding at the end the following:
    ``(d) Limitations.--Fees imposed under subsection (a) shall be 
sufficient to pay for the costs of activities described in subsection 
(c), except that the total amount collected for a fiscal year may not 
be more than 105 percent of the total amount of the appropriations made 
for the fiscal year activities to be financed by fees.''.

SEC. 22. SEISMICITY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this section, the Secretary of Transportation, in consultation with 
the Federal Energy Regulatory Commission, shall enter into an agreement 
with the National Academy of Sciences under which the National Academy 
of Sciences shall prepare a report containing--
            (1) the results of a study that--
                    (A) evaluates the current Federal requirements for 
                pipeline facility design, siting, construction, 
                operation and maintenance, and integrity management, 
                relating to seismicity, land subsidence, landslides, 
                slope instability, frost heave, soil settlement, 
                erosion, and other dynamic geologic conditions that may 
                pose a safety risk;
                    (B) identifies any discrepancy in such requirements 
                that apply to operators of gas pipeline facilities and 
                hazardous liquid pipeline facilities; and
                    (C) identifies any deficiencies in industry 
                practices related to such requirements; and
            (2) any recommendations of the National Academy of Sciences 
        based on such results.
    (b) Report to Congress.--Upon completion of the report prepared 
pursuant to subsection (a), the National Academy of Sciences shall 
submit to the Secretary of Transportation, the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Energy and Commerce of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate 
the report.
    (c) Pipeline Facilities.--In this section, the term ``pipeline 
facility'' has the meaning given that term in section 60101 of title 
49, United States Code.

SEC. 23. 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:
``Sec. 60145. Pipeline safety enhancement programs
    ``(a) In General.--The Secretary may establish and carry out 
limited safety-enhancing testing programs during the period of fiscal 
years 2020 through 2026 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.--Such testing programs may not exceed--
                    ``(A) 5 percent of the total miles of hazardous 
                liquid pipelines in the United States; and
                    ``(B) 5 percent of the total miles of natural gas 
                pipelines in the United States.
            ``(2) Individual operator mileage limitation.--The 
        Secretary shall limit the mileage an individual operator can 
        test under each program established under subsection (a) to the 
        lesser of--
                    ``(A) 50 percent of the total pipeline mileage in 
                the operator's system; or
                    ``(B) 1,000 miles.
            ``(3) High population areas; high consequence areas.--Any 
        program established under subsection (a) shall not be located 
        in a high population area (as defined in section 195.450 of 
        title 49, Code of Federal Regulations) or a high consequence 
        area (as defined in section 192.903 of title 49, Code of 
        Federal Regulations).
            ``(4) Unusually sensitive areas.--Any program established 
        under subsection (a) shall not be located in an unusually 
        sensitive area (as described in section 60109(b)).
            ``(5) 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 containing an examination 
                of the benefits and costs of prohibiting testing in 
                high consequence areas (as defined in section 195.450 
                of title 49, Code of Federal Regulations) for hazardous 
                liquid pipelines.
                    ``(B) Contents of report.--The report described in 
                subparagraph (A) shall examine the safety benefits of 
                allowing testing for hazardous liquid pipelines in high 
                consequence areas and whether additional testing 
                conditions are required to protect such areas while 
                conducting the program established under subsection (a) 
                in such areas.
            ``(6) Restriction.--
                    ``(A) In general.--The Secretary shall not approve 
                a program under this section until the report required 
                under paragraph (5) is submitted to Congress.
                    ``(B) Exception.--The limitation in subparagraph 
                (A) shall not apply if--
                            ``(i) the Secretary determines that there 
                        is a need for a program under this section; and
                            ``(ii) more than 1 year has passed since 
                        the date of enactment of this section.
    ``(c) Duration.--The term of a testing program established under 
subsection (a) shall be not more than a period of 4 years beginning on 
the date of approval of the program.
    ``(d) Safety Standards.--
            ``(1) In general.--The Secretary shall require, as a 
        condition of approval of a testing program under subsection 
        (a), that the safety measures in the testing program are 
        designed to achieve a level of safety that is greater than, or 
        equivalent to, 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.
    ``(e) Considerations.--In establishing a testing program under 
subsection (a), the Secretary shall consider--
            ``(1) the accident or incident record of the owners or 
        operators participating in the program;
            ``(2) whether the owners or operators participating in the 
        program have a safety management system in place and how the 
        application for such program proposes to eliminate or mitigate 
        any potential safety risks;
            ``(3) a description of any measures or activities the 
        owners or operators participating in the program propose to 
        eliminate or mitigate any environmental risks;
            ``(4) a description of any previous testing and the outcome 
        of such testing of the proposed safety technology through a 
        research and development program carried out by--
                    ``(A) the Secretary;
                    ``(B) collaborative research development 
                organizations; or
                    ``(C) other institutions;
            ``(5) whether there have been other testing programs 
        granted under subsection (a) similar to the proposed safety 
        technology and the outcome of such programs; and
            ``(6) whether the pipeline segments tested by the program 
        could affect, or are outside of, a high consequence areas (as 
        defined in sections 192.903 and 195.450 of title 49, Code of 
        Federal Regulations) and unusually sensitive areas (as 
        described in section 60109(b)).
    ``(f) Multiple Operators.--
            ``(1) In general.--The Secretary may select up to 5 owners 
        or operators to carry out a testing program under subsection 
        (a) in a single application.
            ``(2) Determination.--In selecting owners or operators 
        under paragraph (1), the Secretary shall determine that each 
        testing program proposed by such owners or operators--
                    ``(A) meet the requirements of subsection (d)(1);
                    ``(B) test a similar technology, best practice, or 
                related set of technologies and best practices; and
                    ``(C) provides appropriate testing conditions for 
                the technologies or practices being used.
            ``(3) Authority to revoke participation.--If an owner or 
        operator participating in a program established under 
        subsection (a), the Secretary may revoke permission to 
        participate in such program if--
                    ``(A) the owner or operator is involved in an 
                accident or incident and the testing program is 
                determined to be the cause or a contributing factor of 
                such accident or incident; or
                    ``(B) the Secretary determines revocation of 
                permission is warranted for public safety reasons.
    ``(g) Data and Findings.--
            ``(1) In general.--As a participant in a testing program 
        established under subsection (a), an owner or operator shall 
        submit to the Secretary detailed findings and a summary of data 
        collected as a result of participation in the testing program.
            ``(2) Public report.--To the extent practicable, the 
        Secretary shall make a yearly interim report publicly available 
        on the website of the Department of Transportation for any 
        ongoing testing program established under subsection (a) 
        summarizing the progress of such program.
    ``(h) Authority to Revoke Participation.--The Secretary shall 
immediately revoke participation in a testing program under subsection 
(a) if--
            ``(1) the participant has an accident or incident involving 
        a death, or personal injury necessitating in-patient 
        hospitalization and the testing program is determined to be the 
        cause or a contributing factor to such 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.
    ``(i) 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.
    ``(j) 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 
                submitted under that paragraph is submitted to the 
                Secretary more than 10 days after the date on which the 
                Secretary issues an order providing an effective date 
                for the testing program.
            ``(3) Exception.--A State shall be eligible to withdraw 
        from a testing program if an owner or operator conducting such 
        testing program in such State has an incident involving a 
        death, a personal injury necessitating in-patient 
        hospitalization, or a reportable accident (within the meaning 
        of sections 195.50 and 191.3 of title 49, Code of Federal 
        Regulations), and the testing program is determined to be the 
        cause or a contributing factor to such incident.
            ``(4) 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.
    ``(k) Program Review Process and Public Notice.--
            ``(1) In general.--The Secretary shall publish in the 
        Federal Register a notice of each testing program under 
        subsection (a), including the order to be considered, and 
        provide an opportunity for public comment for not less than 60 
        days.
            ``(2) Communication with states.--
                    ``(A) In general.--As part of carrying out the 
                process described in paragraph (1), the Secretary shall 
                individually notify, at the time described in paragraph 
                (1), the relevant authorities in the States such 
                testing programs would be conducted in.
                    ``(B) Notification contents.--The notification 
                described in subparagraph (A) shall include a specific 
                list of the laws or regulations that the State would 
                not be allowed to enforce pursuant to subsection (j)(4) 
                should such testing program go into effect, and the 
                ability of the State to request an exemption from the 
                program.
            ``(3) 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 respond to each comment submitted under that paragraph.
    ``(l) 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 
        establishment 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.
    ``(m) Standards.--If a report under subsection (l) indicates that 
it is practicable to establish technically, operationally, and 
economically 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 
practicable after submission of the report, may promulgate regulations 
consistent with chapter 5 of title 5 (commonly known as the 
`Administrative Procedures 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 further amended by adding at the end:

``60145. Pipeline safety enhancement programs.''.

SEC. 24. WORKFORCE.

    (a) Staffing.--
            (1) In general.--The Secretary of Transportation 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--
                    (A) 8 full-time employees with subject matter 
                expertise in pipeline safety, pipeline facilities, and 
                pipeline systems to finalize outstanding rulemakings 
                and fulfill mandates for the Office of Pipeline Safety 
                of the Pipeline and Hazardous Materials Safety 
                Administration; and
                    (B) 3 full-time attorneys, with environmental 
                expertise, in the Office of Chief Counsel of the 
                Pipeline and Hazardous Materials Safety Administration.
            (2) Pipeline inspection and enforcement personnel.--The 
        Secretary shall ensure that the number of positions for 
        pipeline inspection and enforcement personnel in the Office of 
        Pipeline Safety of the Pipeline and Hazardous Materials Safety 
        Administration does not fall below the following:
                    (A) 222 for fiscal year 2020.
                    (B) 233 for fiscal year 2021.
                    (C) 245 for fiscal year 2022.
                    (D) 258 for fiscal year 2023.
                    (E) 272 for fiscal year 2024.
    (b) Recruitment and Retention Authorities.--The Secretary shall 
request authority from the Office of Personnel Management to use 
incentives, as necessary, to recruit and retain a qualified workforce, 
including for inspection and enforcement personnel and subject matter 
experts dedicated to rulemaking activities in the Office of Pipeline 
Safety of the Pipeline and Hazardous Materials Safety Administration--
            (1) special pay rates permitted under section 5305 of title 
        5, United States Code; and
            (2) repayment of student loans accompanied by a continued 
        service agreement, permitted under section 5379 of title 5, 
        United States Code.

SEC. 25. HIRING REPORT.

    Not later than 180 days after the date of enactment of this Act, 
and annually thereafter through calendar year 2023, the Administrator 
of the Pipeline and Hazardous Materials Safety Administration shall 
submit to Congress a report on the efforts of the Administration to 
hire women, minorities, and veterans as inspectors since January 1, 
2012.

SEC. 26. PLAN TO COMBINE STATE DAMAGE PREVENTION AND ONE-CALL 
              NOTIFICATION PROGRAMS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall submit to the Committees on Energy 
and Commerce and Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan to combine the activities carried 
out by the Secretary under sections 6106 and 60134 of title 49, United 
States Code.

SEC. 27. GAS GATHERING LINES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue final 
regulations on gas gathering lines based on the notice of proposed 
rulemaking published on April 8, 2016, titled ``Pipeline Safety: Safety 
of Gas Transmission and Gathering Pipelines'' (81 Fed. Reg. 20722).
    (b) Regulations.--The final regulations issued under subsection (a) 
shall cover--
            (1) all gas gathering lines in class 4, class 3, and class 
        2 locations, as classified in section 192.5 of title 49, Code 
        of Federal Regulations; and
            (2) gas gathering lines with a diameter of at least 8 
        inches that are located in a class 1 location, as classified in 
        section 192.5 of title 49, Code of Federal Regulations.

SEC. 28. REGULATORY UPDATES.

    (a) Definition of Outstanding Regulation.--In this section, the 
term ``outstanding regulation'' 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 published 
        in the Federal Register;
            (2) a final rule required to be issued under the Protecting 
        our Infrastructure of Pipelines and Enhancing Safety 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 before the date of enactment of this Act that has 
        not been published by the date required in such Act in the 
        Federal Register.
    (b) Requirement.--Not later than 5 days after the date of enactment 
of this Act, and every 30 days thereafter until an outstanding 
regulation is published in the Federal Register, the Secretary of 
Transportation shall provide an update on the status of each 
outstanding regulation by--
            (1) publishing on a publicly available website of the 
        Department of Transportation information regarding the status 
        of each outstanding regulation; and
            (2) submitting notification to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Committee on Energy and Commerce of the 
        House of Representatives, and the Committee on Commerce, 
        Science, and Transportation of the Senate.
    (c) Contents.--The information described in section (b)(1) shall 
include--
            (1) with respect to an outstanding regulation under review 
        by the Office of the Secretary for not more than 45 days--
                    (A) the date that such outstanding regulation was 
                submitted to the Office of the Secretary for review; 
                and
                    (B) the staff allocations within the Office of the 
                Secretary with respect to each such outstanding 
                regulation and any resource constraints affecting the 
                review;
            (2) with respect to an outstanding regulation under review 
        by the Office of the Secretary for more than 45 days--
                    (A) the information described in paragraph (1);
                    (B) a description of why such outstanding 
                regulation is under extended review;
                    (C) a work plan for finalizing review of such 
                outstanding regulation; and
                    (D) the date of anticipated completion of such 
                review;
            (3) with respect to an outstanding regulation that has been 
        transmitted to neither the Office of Management and Budget nor 
        the Office of the Secretary--
                    (A) a description of the work plan for such 
                outstanding regulation;
                    (B) the anticipated date on which such regulation 
                will be transmitted to the Office of Management and 
                Budget and the Office of the Secretary;
                    (C) the staff allocations with respect to such 
                outstanding regulation;
                    (D) any resource constraints affecting the 
                rulemaking process for such outstanding regulation; and
                    (E) any other details associated with the 
                development of such outstanding regulation that affect 
                the progress of the rulemaking process with respect to 
                such outstanding regulation; and
            (4) with respect to an outstanding regulation that has been 
        transmitted to the Office of Management and Budget--
                    (A) the date such outstanding regulation was 
                submitted to the Office of Management and Budget for 
                review; and
                    (B) a statement of whether the outstanding 
                regulation remains under review by the Office of 
                Management and Budget or has been transmitted for 
                further review by the Office of the Secretary or the 
                Administrator of the Pipeline and Hazardous Materials 
                Safety Administration.

SEC. 29. COMPONENT VERIFICATION.

    (a) In General.--
            (1) Verification.--Section 60102(e) of title 49, United 
        States Code, is amended--
                    (A)(i) in paragraph (1), by striking ``and'' at the 
                end; and
                    (ii) in paragraph (2), by striking the period at 
                the end and inserting ``; and'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively (and by 
                adjusting the margins accordingly);
                    (C) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (D) by adding at the end the following:
                    ``(C) for facilities identified under subparagraphs 
                (A) and (B), shall include, for all pipes and related 
                components for which the regulations of the Pipeline 
                and Hazardous Materials Safety Administration require 
                compliance with a standard incorporated by reference 
                for such pipe or related component, documentation of 
                verification that such pipe or related component meets 
                such standard.
            ``(2) Verification.--The verification described in 
        paragraph (1)(C) shall be conducted by--
                    ``(A) an independent third party on behalf of the 
                operator;
                    ``(B) the operator, so long as such operator does 
                not pay, or receive payment from, a manufacturer, 
                distributor, or supplier of a pipe or related component 
                described in paragraph (1)(C) for such verification; or
                    ``(C) a United States manufacturer of a pipe or 
                related component described in paragraph (1)(C) that is 
                accredited by the International Organization for 
                Standardization.
            ``(3) Definitions.--In this subsection:
                    ``(A) Verification.--The term `verification' means 
                sufficient testing and auditing to confirm that a 
                standard has been met in the production of a pipe or 
                related component.
                    ``(B) Independent third party.--The term 
                `independent third party' means an entity that--
                            ``(i) does not have a commercial 
                        relationship with the manufacturer or supplier 
                        of a pipe or related component; and
                            ``(ii) is accredited by the International 
                        Organization for Standardization.''.
            (2) Applicability.--The amendments made by this subsection 
        shall only apply to pipes and components that are--
                    (A) covered by the amendments made by such 
                subsection; and
                    (B) purchased on or after the date of enactment of 
                this Act.
    (b) Review of Compliance of Flanges and Fittings.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall complete a review of the compliance of flanges and 
        fittings of a pipeline facility (as such term is defined in 
        section 60101 of title 49, United States Code) with Federal 
        requirements.
            (2) Contents of review.--The review required under 
        paragraph (1) shall include--
                    (A) a compilation of the existing standards that 
                are incorporated by reference in regulations of the 
                Pipeline and Hazardous Materials Safety Administration 
                and apply to the manufacturing, operation, and 
                maintenance of such flanges and fittings;
                    (B) a review of the existing oversight authority of 
                the Secretary of Transportation over manufacturers and 
                distributors of such flanges and fittings and any lack 
                of oversight authority that could lead to incidents or 
                accidents;
                    (C) an analysis of the degree of compliance by such 
                manufacturers and distributors with the standards 
                described in subparagraph (A), the identification of 
                any instances of non-compliance with such standards, 
                and the form, degree, and scope of such non-compliance;
                    (D) a review of the extent to which verification 
                (as such term is defined in section 60102(e) of title 
                49, United States Code, as added by this section) by 
                operators of pipeline facilities of whether such 
                flanges and fittings of pipeline facilities meet the 
                applicable standards described in subparagraph (A) is 
                occurring;
                    (E) a review of the safety benefits of requiring 
                pipeline incident reports to include the identification 
                of the manufacturer of the flanges and fittings 
                involved in those incidents; and
                    (F) an identification and recommendation of any 
                additional authorities or responsibilities for the 
                Secretary of Transportation, or additional standards, 
                necessary to improve the safety and integrity of 
                flanges and fittings through manufacturing and 
                distribution.
            (3) Report.--Not later than 210 days after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate, the Committee on Transportation and Infrastructure of 
        the House of Representatives, and the Secretary of 
        Transportation a report containing the results of the review 
        completed under paragraph (1) and any recommendations for 
        legislation or changes to existing regulations.
            (4) Public comment process.--
                    (A) In general.--Not later than 30 days after 
                submission of the report required under paragraph (3) 
                to the Secretary, the Secretary shall provide a period 
                of not fewer than 60 days for public comment regarding 
                such report.
                    (B) Report.--Not later than 180 days after the end 
                of the public comment period described in subparagraph 
                (A), the Secretary shall publish in the Federal 
                Register a report responding to the public comments 
                submitted.
                    (C) Contents of report.--In the report described in 
                subparagraph (B), the Secretary shall indicate any 
                anticipated actions the Secretary will take with 
                respect to flanges and fittings of a pipeline facility 
                based on the comments submitted under this paragraph 
                and the report under paragraph (3).

SEC. 30. CODIFICATION OF FINAL RULE.

    The amendments to the Code of Federal Regulations made pursuant to 
the final rule of the Environmental Protection Agency, titled ``Oil and 
Natural Gas Sector: Emission Standards for New, Reconstructed, and 
Modified Sources'' and published in the Federal Register on June 3, 
2016 (81 Fed. Reg. 35824), shall have the same force and effect of law 
as if such amendments had been enacted by an Act of Congress, except 
that the Administrator of the Environmental Protection Agency may 
revise such regulations, as provided for under the Clean Air Act, if 
such revision would result in a reduction in gas release.

SEC. 31. THREATENING SAFE OPERATIONS OF PIPELINE INFRASTRUCTURE.

    Section 60123 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(e) Penalty for Threatening the Safe Operations of Pipeline 
Infrastructure.--
            ``(1) In general.--A person knowingly and willfully 
        engaging in the unauthorized turning or manipulation of a valve 
        of any pipeline facility described in subsection (b) shall be 
        fined under title 18, imprisoned for not more than 5 years, or 
        both.
            ``(2) Rule of statutory construction.--Nothing in this 
        subsection abridges the exercise of rights guaranteed under the 
        First Amendment to the Constitution of the United States.''.

SEC. 32. PENALTY FOR CAUSING A DEFECT IN PIPELINE INFRASTRUCTURE UNDER 
              CONSTRUCTION.

    Section 60123 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(f) Penalty for Causing a Defect in Pipeline Infrastructure Under 
Construction.--
            ``(1) In general.--A person knowingly and willfully causing 
        a defect in a pipe, pump, or valve intended to be used in any 
        pipeline facility described in subsection (b) that would affect 
        the integrity or safe operation of any such facility shall be 
        fined under title 18, imprisoned for not more than 5 years, or 
        both.
            ``(2) Rule of statutory construction.--Nothing in this 
        subsection abridges the exercise of rights guaranteed under the 
        First Amendment to the Constitution of the United States.''.

SEC. 33. USE OF A FIREARM TO DAMAGE PIPELINE INFRASTRUCTURE UNDER 
              CONSTRUCTION.

    Section 60123 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(g) Penalty for Using a Firearm to Damage Pipeline Infrastructure 
Under Construction.--
            ``(1) In general.--A person knowingly and willfully using a 
        firearm to puncture or damage a pipe, pump, or valve intended 
        to be used in any pipeline facility described in subsection (b) 
        shall be fined under title 18, imprisoned for not more than 5 
        years, or both.
            ``(2) Rule of statutory construction.--Nothing in this 
        subsection abridges the exercise of rights guaranteed under the 
        First Amendment to the Constitution of the United States.''.

SEC. 34. PIPELINE SAFETY VOLUNTARY INFORMATION-SHARING SYSTEM.

    (a) In General.--Chapter 601 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 60146. Voluntary information-sharing system
    ``(a) Establishment.--
            ``(1) In general.--Subject to the availability of funds, 
        the Secretary may establish a confidential and nonpunitive 
        voluntary information-sharing system (referred to in this 
        section as the `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 safety.
            ``(2) Components.--The System--
                    ``(A) shall include pipeline integrity risk 
                analysis information; and
                    ``(B) may include other information relating to 
                reducing pipeline incidents, such as--
                            ``(i) lessons learned from accidents and 
                        near misses;
                            ``(ii) process improvements;
                            ``(iii) technology deployments; and
                            ``(iv) other voluntary information-sharing 
                        systems.
            ``(3) Requirement.--The System shall protect proprietary 
        information while encouraging the exchange of data, including 
        in-line inspection and dig verification data, among operators, 
        tool vendors, and the representatives of the Secretary to 
        facilitate the development of--
                    ``(A) advanced pipeline-inspection technologies; 
                and
                    ``(B) enhanced risk analysis.
            ``(4) Consultation.--If appropriate, the Secretary may 
        involve other public and private stakeholders in establishing 
        and maintaining the System.
    ``(b) Data Manager.--In carrying out this section, the Secretary 
may engage a partner agency or nongovernmental entity to receive, 
store, manage, and provide for the use of--
            ``(1) system data; and
            ``(2) information submitted to the System.
    ``(c) Limitation on Disclosure.--
            ``(1) Applicability of foia.--Any part of any record 
        (including, but not limited to an analysis by a pipeline 
        operator of the safety risks of the pipeline operator and a 
        statement of the mitigation measures identified by the pipeline 
        operator to address those risks) provided to the Secretary and 
        retained in the System is exempt from the requirements of 
        section 552 of title 5, and specifically exempt from release 
        under subsection (b)(3) of that section, if the record is--
                    ``(A) supplied to the Secretary for purposes of the 
                System; or
                    ``(B) made available for inspection and copying by 
                an officer, employee, or agent of the Secretary for 
                purposes of the System.
            ``(2) Exception.--Notwithstanding paragraph (1), the 
        Secretary in consultation with the information owner, may 
        disclose deidentified material or any part of any record 
        comprised of facts otherwise available to the public if, in the 
        sole discretion of the Secretary, the Secretary determines that 
        disclosure would be consistent with the confidentiality needed 
        for the System and improve pipeline safety.
    ``(d) Excluded Evidence.--Except as provided in subsection (f), any 
data or information submitted to or stored, managed, analyzed, or 
produced by the System shall not be used--
            ``(1) as evidence for any purpose in any Federal, State, 
        local, Tribal, or private litigation, including any action or 
        proceeding; or
            ``(2) to support any corrective action relating to a 
        probable violation under this chapter (including any regulation 
        promulgated or order issued under this chapter).
    ``(e) Exclusion From Discovery.--Except as provided in subsection 
(f), any data or information submitted to or stored, managed, analyzed, 
or produced by the System shall not be subject to discovery in any 
Federal, State, local, Tribal, or private litigation or other 
proceeding.
    ``(f) Limitations on Exclusion.--The exclusions described in 
subsections (d) and (e) shall not apply to--
            ``(1) evidence of a knowing and willful violation;
            ``(2) a reportable release under sections 191.7 or 195.50 
        of title 49, Code of Federal Regulations (or a successor 
        regulation);
            ``(3) a safety-related condition under sections 191.7 or 
        195.55 of title 49, Code of Federal Regulations (or a successor 
        regulation); or
            ``(4) data or information obtained by the Secretary 
        independently of the System.
    ``(g) Governing Board.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a 
governing board co-chaired by the Administrator and a representative of 
the pipeline industry to--
            ``(1) govern the System through consensus of the board and 
        co-chairs;
            ``(2) develop governance documents and oversee their 
        enforcement; and
            ``(3) establish and appoint members of issue analysis 
        teams;
    ``(h) Confidentiality.--No person, including any System governing 
board member, program manager, third-party data manager, issue analysis 
team member, nor any Federal, State, local or tribal agency, having or 
obtaining access to any data or information submitted to, stored, 
managed, analyzed or produced by the System, shall release or 
communicate that information to any person outside the System, with the 
sole exception being the publication of reports by the System based on 
analysis of de-identified information and safety related findings that 
the System governing board in its sole discretion determines to publish 
or authorize the Administration to publish.
    ``(i) Voluntary Participation.--No person may be compelled to 
participate in or submit data or information to the System.
    ``(j) Sustainable Funding.--The Secretary shall explore sustainable 
funding sources for the System, including public-private partnerships.
    ``(k) Effect.--Nothing in this section affects any Federal or State 
pipeline safety law.
    ``(l) Limitation on Funding.--The Secretary may expend not more 
than $1,000,000 for each of the fiscal years 2020 through 2024 to 
establish the System.
    ``(m) Savings Clause.--Notwithstanding the protections provided 
under this section, no pipeline operator may use the submission of 
information to the System as protection against enforcement actions or 
corrective orders that are based on information or evidence obtained 
outside of the System.''.
    (b) Clerical Amendment.--The table of sections for chapter 601 of 
title 49, United States Code, is further amended by adding at the end 
the following:

``60146.Voluntary information-sharing system.''.
                                                 Union Calendar No. 545

116th CONGRESS

  2d Session

                               H. R. 5120

                      [Report No. 116-661, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 17, 2020

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           December 17, 2020

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed