[Congressional Record Volume 162, Number 35 (Thursday, March 3, 2016)]
[Senate]
[Pages S1285-S1292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3417. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   VETERANS TREATMENT COURTS AND VETERANS JUSTICE 
                   OUTREACH PROGRAM.

       (a) Study and Report.--Not later than 1 year after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall--
       (1) complete a study on the effectiveness of Veterans 
     Treatment Courts and the Veterans Justice Outreach Program of 
     the Department of Veterans Affairs; and
       (2) submit to Congress a report on the findings of the 
     Comptroller General with respect to the study completed under 
     paragraph (1).
       (b) Elements.--As part of the study required by subsection 
     (a), the Comptroller General shall assess the following:
       (1) The extent to which Veterans Treatment Courts--
       (A) provide a benefit to veterans with a mental illness or 
     substance abuse problem; and
       (B) provide timely access to services furnished by the 
     Veterans Health Administration.
       (2) The number of Veterans Treatment Courts in operation.
       (3) The number of Veterans Treatment Courts in the process 
     of being established.
       (4) What is known about the effectiveness of Veterans 
     Treatment Courts and what data are reported to the Federal 
     Government about the use and performance of such courts.
       (5) The number of veterans assigned to each Veterans 
     Justice Outreach Specialist that is assigned to a Veterans 
     Treatment Court.
       (6) The method by which the Secretary of Veterans Affairs 
     allocates the number and location of Veterans Justice 
     Outreach Specialists and whether such method adequately 
     ensures appropriate representation in Veterans Treatment 
     Courts.
       (7) To what extent would having additional Veterans Justice 
     Outreach Specialists--
       (A) provide veterans with better access to services 
     furnished by the Veterans Health Administration; and
       (B) allow for the establishment of additional Veterans 
     Treatment Courts.
                                 ______
                                 
  SA 3418. Mr. FRANKEN (for himself, Mr. Brown, Mr. Durbin, and Mr. 
Markey) submitted an amendment intended to be proposed by him to the 
bill S. 524, to authorize the Attorney General to award grants to 
address the national epidemics of prescription opioid abuse and heroin 
use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER 
                   MEDICAID.

       (a) In General.--The subdivision (A) of section 1905(a) of 
     the Social Security Act (42 U.S.C. 1396d(a)) that follows 
     paragraph (29) is amended by inserting ``or in custody 
     pending disposition of charges'' after ``patient in a medical 
     institution''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first calendar 
     quarter beginning more than 60 days after the date of the 
     enactment of this Act and shall apply to items and services 
     furnished for periods beginning on or after such date.
                                 ______
                                 
  SA 3419. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       In section 101, strike subsection (c)(5) and all that 
     follows through the end of the section, and insert the 
     following:
       (5) representatives of hospitals;
       (6) representatives of--
       (A) pain management professional organizations;
       (B) the mental health treatment community;
       (C) the addiction treatment community;
       (D) pain advocacy groups;
       (E) groups with expertise around overdose reversal;
       (F) State agencies that manage State prescription drug 
     monitoring programs; and
       (G) State agencies that administer grants under subpart II 
     of part B of title XIX of the Public Health Service Act (42 
     U.S.C. 300x-21 et seq.); and
       (7) other stakeholders, as the Secretary determines 
     appropriate.
       (d) Duties.--The task force shall--
       (1) not later than 180 days after the date on which the 
     task force is convened under subsection (b), review, modify, 
     and update, as appropriate, best practices for pain 
     management (including chronic and acute pain) and prescribing 
     pain medication, taking into consideration--
       (A) existing pain management research;
       (B) recommendations from relevant conferences and existing 
     relevant evidence-based guidelines;
       (C) ongoing efforts at the State and local levels and by 
     medical professional organizations to develop improved pain 
     management strategies, including consideration of 
     alternatives to opioids to reduce opioid monotherapy in 
     appropriate cases;
       (D) the management of high-risk populations, other than 
     populations who suffer pain, who--
       (i) may use or be prescribed benzodiazepines, alcohol, and 
     diverted opioids; or
       (ii) receive opioids in the course of medical care;
       (E) whether the State prescription drug monitoring programs 
     are sufficiently available, functional, and useful to be 
     integrated into the process for prescribing pain medication; 
     and
       (F) the Proposed 2016 Guideline for Prescribing Opioids for 
     Chronic Pain issued by the Centers for Disease Control and 
     Prevention (80 Fed. Reg. 77351 (December 14, 2015)) and any 
     final guidelines issued by the Centers for Disease Control 
     and Prevention;
       (2) solicit and take into consideration public comment on 
     the practices developed under paragraph (1), amending such 
     best practices if appropriate; and
       (3) develop a strategy for disseminating information about 
     the best practices to stakeholders, as appropriate.
       (e) Limitation.--The task force shall not have rulemaking 
     authority.
       (f) Report.--Not later than 270 days after the date on 
     which the task force is convened under subsection (b), the 
     task force shall submit to Congress a report that includes--
       (1) the strategy for disseminating best practices for pain 
     management (including chronic and acute pain) and prescribing 
     pain medication, as reviewed, modified, or updated under 
     subsection (d);
       (2) the results of a feasibility study on linking the best 
     practices described in paragraph (1) to receiving and 
     renewing registrations under section 303(f) of the Controlled 
     Substances Act (21 U.S.C. 823(f)); and
       (3) recommendations for effectively applying the best 
     practices described in paragraph (1) to improve prescribing 
     practices at medical facilities, including medical facilities 
     of the Veterans Health Administration.
       (g) GAO Report on State Prescription Drug Monitoring 
     Programs.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare and submit to Congress a report 
     examining the variations that exist across State prescription 
     drug monitoring programs that have been supported by Federal 
     funds. The Comptroller General shall review, and include in 
     the report recommendations on, best practices to maximize the 
     effectiveness of such programs and State strategies to 
     increase queries to such programs by health care providers.
                                 ______
                                 
  SA 3420. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, 
Mr. Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. 
Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; as follows:

       On page 14, line 10, insert ``consumers,'' after 
     ``patients,''.
       On page 14, line 12, strike ``prescribed.'' and insert 
     ``prescribed, including opioid and methadone abuse. Such 
     education and awareness campaigns shall include information 
     on the dangers of opioid abuse, how to prevent opioid abuse 
     including through safe disposal of prescription medications 
     and other safety precautions, and detection of early warning 
     signs of addiction.''.
       On page 16, line 22, strike ``or''.
       On page 17, line 2, insert ``or'' at the end.
       On page 17, between lines 2 and 3, insert the following:
       ``(C) a sudden increase in opioid-related deaths, as 
     documented by local data;
       On page 18, line 23, strike ``1997.'' and insert ``1997, 
     and may also include an evaluation of the effectiveness at 
     reducing abuse of opioids, methadone, or methamphetamines.''.
                                 ______
                                 
  SA 3421. Mr. CARDIN (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 3378 proposed by Mr. 
Grassley (for himself, Mr. Leahy, Mr. Whitehouse, Mr. Portman, Ms. 
Klobuchar, Ms. Ayotte, Mr. Graham, Mr.

[[Page S1286]]

Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; which was ordered to lie on 
the table; as follows:

       On page 39, line 1, strike ``other clinically appropriate 
     services,'' and insert ``other clinically appropriate 
     services and through the establishment and support of 
     treatment centers that operate 24 hours a day, 7 days a week, 
     to provide immediate access to behavioral health 
     treatment,''.
                                 ______
                                 
  SA 3422. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. VOTING RIGHTS.

       (a) Information for Incarcerated Individuals.--The Director 
     of the Bureau of Prisons shall immediately ensure that 
     individuals in the custody of the Bureau of Prisons are 
     provided information regarding the voting rights restoration 
     process upon release and return to their home State.
       (b) Notice in Criminal Cases.--The Attorney General shall 
     require that the United States attorneys provide notice to 
     defendants in Federal criminal cases regarding the loss of 
     the right to vote as a result of a plea agreement to any 
     disfranchising offense, whether the offense is a misdemeanor 
     or felony.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report on the disproportionate impact of Federal and State 
     criminal disenfranchisement laws on minority populations, 
     which shall include data on disfranchisement rates by race 
     and ethnicity.
                                 ______
                                 
  SA 3423. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, Mr. 
Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. 
Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:

     SEC. 504. MANDATORY DISCLOSURE OF CERTAIN VETERAN INFORMATION 
                   TO STATE CONTROLLED SUBSTANCE MONITORING 
                   PROGRAMS.

       Section 5701(l) of title 38, United States Code, is amended 
     by striking ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 3424. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COMBAT HEROIN EPIDEMIC AND BACKLOG ACT.

       (a) Short Title.--This section may be cited as the ``Combat 
     Heroin Epidemic and Backlog Act of 2016''.
       (b) Confronting the Use of Heroin and Associated Drugs.--
     Title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end 
     the following:

     ``PART LL--CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS

     ``SEC. 3021. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC 
                   SAFETY AND HEROIN DISTRIBUTION, SALE, AND USE.

       ``(a) Purpose.--The purpose of this section is to assist 
     States and Indian tribes to--
       ``(1) carry out programs to address the distribution, sale, 
     and use of heroin, fentanyl, and associated synthetic drugs; 
     and
       ``(2) improve the ability of State, tribal, and local 
     government institutions to carry out such programs.
       ``(b) Grant Authorization.--The Attorney General, through 
     the Bureau of Justice Assistance, may make grants to States 
     and Indian tribes to address the distribution, sale, and use 
     of heroin, fentanyl, and associated synthetic drugs to 
     enhance public safety.
       ``(c) Grant Projects To Address Distribution, Sale, and Use 
     of Heroin, Fentanyl, and Associated Synthetic Drugs.--Grants 
     made under subsection (b) may be used for programs, projects, 
     and other activities to--
       ``(1) reimburse State, local, or other public crime 
     laboratories and medical examiners to help address backlogs 
     of untested samples of heroin, fentanyl, and associated 
     synthetic drugs as well as associated toxicology testing;
       ``(2) reimburse State, local, or other public crime 
     laboratories and medical examiners for procuring equipment, 
     technology, or other support systems if the applicant for the 
     grant demonstrates to the satisfaction of the Attorney 
     General that expenditures for such purposes would result in 
     improved efficiency of laboratory testing and help prevent 
     future backlogs;
       ``(3) reimburse State, tribal, and local law enforcement 
     agencies for procuring field-testing equipment for use in the 
     identification or detection of heroin, fentanyl, and 
     associated synthetic drugs;
       ``(4) investigate, arrest, and prosecute individuals 
     violating laws related to the distribution or sale of heroin, 
     fentanyl, and associated synthetic drugs; and
       ``(5) support State, tribal, and local health department 
     services deployed to address the use of heroin, fentanyl, and 
     associated synthetic drugs.
       ``(d) Limitation.--Not less than 60 percent of the amounts 
     made available to carry out this section shall be awarded for 
     the purposes under paragraph (1) or (2) of subsection (c).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2017, 2018, and 2019.
       ``(f) Allocation.--
       ``(1) Population allocation.--Seventy-five percent of the 
     amount made available to carry out this section in a fiscal 
     year shall be allocated to each State that meets the 
     requirements of section 2802 so that each State shall receive 
     an amount that bears the same ratio to the 75 percent of the 
     total amount made available to carry out this section for 
     that fiscal year as the population of the State bears to the 
     population of all States.
       ``(2) Discretionary allocation.--
       ``(A) In general.--Twenty-five percent of the amount made 
     available to carry out this section in a fiscal year shall be 
     allocated pursuant to the Attorney General's discretion for 
     competitive awards to States and Indian tribes.
       ``(B) Considerations.--In making awards under subparagraph 
     (A), the Attorney General shall consider--
       ``(i) the average annual number of part 1 violent crimes 
     reported by each State to the Federal Bureau of Investigation 
     for the 3 most recent calendar years for which data is 
     available; and
       ``(ii) the existing resources and current needs of the 
     potential grant recipient.
       ``(3) Minimum requirement.--Each State shall receive not 
     less than 0.6 percent of the amount made available to carry 
     out this section in each fiscal year.
       ``(4) Certain territories.--
       ``(A) In general.--For purposes of the allocation under 
     this section, American Samoa and the Commonwealth of the 
     Northern Mariana Islands shall be considered as 1 State.
       ``(B) Allocation amongst certain territories.--For purposes 
     of subparagraph (A), 67 percent of the amount allocated shall 
     be allocated to American Samoa and 33 percent shall be 
     allocated to the Commonwealth of the Northern Mariana 
     Islands.''.
                                 ______
                                 
  SA 3425. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, Mr. 
Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. 
Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; which was ordered to lie on 
the table; as follows:

       On page 36, line 12, insert ``and partnerships with law 
     enforcement agencies of a unit of local government (including 
     an Indian tribe), the Federal Bureau of Investigation, and 
     the Drug Enforcement Administration'' after 
     ``collaboration''.
       On page 36, line 19, insert ``including through 
     partnerships with law enforcement agencies of a unit of local 
     government (including an Indian tribe), the Federal Bureau of 
     Investigation, and the Drug Enforcement Administration,'' 
     after ``activities,''
                                 ______
                                 
  SA 3426. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 3378 proposed by Mr. Grassley (for himself, Mr. Leahy, Mr. 
Whitehouse, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. 
Coons, Mr. Cornyn, and Mr. Durbin) to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

           TITLE VIII--ACCESS TO MEDICATION-ASSISTED THERAPY

     SEC. 801. EXPANDING PATIENT ACCESS TO MEDICATION-ASSISTED 
                   TREATMENT.

       Section 303(g)(2) of the Controlled Substances Act (21 
     U.S.C. 823(g)) is amended--
       (1) in subparagraph (B)--
       (A) in clause (iii)--
       (i) by inserting ``(I)'' before ``The total'';
       (ii) by striking ``30'' and inserting ``100'';
       (iii) by striking ``, unless, not sooner'' and all that 
     follows through the end and inserting a period; and
       (iv) by adding at the end the following:
       ``(II) If a patient is referred by a qualifying physician 
     to another physician that provides short-term services, such 
     as induction or titration, the patient shall only be included 
     in

[[Page S1287]]

     the total number of such patients of the qualifying physician 
     that makes the referral.
       ``(III) In this clause, the term `the total number of such 
     patients' does not include a patient to whom a qualifying 
     physician meeting the requirements described in clause 
     (iv)(I), or an authorized agent of such qualifying physician, 
     directly administers such drugs or combination drugs that are 
     formulated to have a therapeutic effect lasting 7 days or 
     more.''; and
       (B) by adding at the end the following:
       ``(iv) Not earlier than 1 year after the date on which a 
     qualifying physician obtained an initial waiver pursuant to 
     clause (iii), the qualifying physician may submit a second 
     notification to the Secretary of the need and intent of the 
     qualifying physician to treat up to 500 patients, if the 
     qualifying physician--
       ``(I)(aa) satisfies the requirements of subclause (I), 
     (II), (III), or (IV) of subparagraph (G)(ii); and
       ``(bb) agrees to fully participate in the Prescription Drug 
     Monitoring Program of the State in which the qualifying 
     physician is licensed, pursuant to applicable State 
     guidelines; or
       ``(II)(aa) satisfies the requirements of subclause (V), 
     (VI), (VII), or (VIII) of subparagraph (G)(ii);
       ``(bb) agrees to fully participate in the Prescription Drug 
     Monitoring Program of the State in which the qualifying 
     physician is licensed, pursuant to applicable State 
     guidelines; and
       ``(cc) has completed not less than 40 hours of training 
     (through classroom situations, seminars at professional 
     society meetings, electronic communications, or otherwise) 
     with respect to the treatment and management of opiate-
     dependent patients for substance use disorders provided by 
     the American Society of Addiction Medicine, the American 
     Academy of Addiction Psychiatry, the American Medical 
     Association, the American Osteopathic Association, the 
     American Psychiatric Association, or any other organization 
     that the Secretary determines is appropriate for purposes of 
     this subclause after providing notice and an opportunity for 
     public comment.
       ``(v) The qualifying physician shall maintain records 
     relating to the dispensing of drugs or combinations of drugs 
     to treat patients under this paragraph, including not less 
     than 3 of the following:
       ``(I) The number of patients the qualifying physician 
     treats, as compared to the maximum number of patients the 
     qualifying physician may treat under this paragraph.
       ``(II) Whether the qualifying physician provides counseling 
     services on-site, and how frequently patients are using such 
     services.
       ``(III) Whether the qualifying physician referred patients 
     for counseling services off-site, the percentage of the 
     patients of the qualifying physician using such services, and 
     how frequently the patients are using such services.
       ``(IV) Whether the qualifying physician uses toxicology 
     testing, if applicable, to guide therapeutic dosing and 
     treatment decision making.
       ``(V) The median period during which patients being treated 
     under this paragraph have received treatment.
       ``(VI) The median period during which patients being 
     treated under this paragraph with buprenorphine have received 
     treatment.
       ``(VII) The rate at which patients being treated under this 
     paragraph terminate the treatment against medical advice.
       ``(vi) The qualifying physician shall--
       ``(I) participate in not less than 24 hours of continuing 
     education training during the 3-year period beginning on the 
     date of the notification; and
       ``(II) when the qualifying physician completes the 
     continuing education training described in subclause (I), 
     submit a certification to that effect to the Substance Abuse 
     and Mental Health Services Administration and, if required by 
     the State in which the qualifying physician is licensed, to 
     the State.''; and
       (2) by adding at the end the following:
       ``(K) Notwithstanding section 708, nothing in this 
     paragraph shall be construed to preempt any State law that--
       ``(i) permits a qualifying physician to dispense narcotic 
     drugs in schedule III, IV, or V or combinations of such drugs 
     to a total number of patients for maintenance or 
     detoxification treatment in accordance with this paragraph 
     that is fewer than or more than the applicable number 
     described in clause (iii) or (iv) of subparagraph (B); or
       ``(ii) requires a qualifying physician to comply with 
     additional requirements relating to the dispensing of 
     narcotic drugs in schedule III, IV, or V or combinations of 
     such drugs, including requirements relating to the practice 
     setting in which the qualifying physician practices and 
     education, training, and reporting requirements.''.

     SEC. 802. DEFINITIONS.

       Section 303(g)(2)(G)(ii) of the Controlled Substances Act 
     (21 U.S.C. 823(g)(2)(G)(ii)) is amended--
       (1) by redesignating subclauses (IV), (V), (VI), and (VII) 
     as subclauses (V), (VI), (VII), and (VIII), respectively; and
       (2) by inserting after subclause (III) the following:
       ``(IV) The physician holds a board certification from the 
     American Board of Addiction Medicine.''.

     SEC. 803. EVALUATIONS.

       (a) Definition.--In this section, the term ``appropriate 
     committees of Congress'' means--
       (1) the Committee on Health, Education, Labor, and Pensions 
     and the Committee on the Judiciary of the Senate; and
       (2) the Committee on Energy and Commerce and the Committee 
     on the Judiciary of the House of Representatives.
       (b) HHS.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in coordination with the Attorney General, shall 
     submit to the appropriate committees of Congress a report on 
     the effect on the amendments made by this title on the 
     availability of evidence-based treatment and any increased 
     risk in diversion.
       (c) GAO.--
       (1) In general.--Four years after the date on which the 
     first notification under clause (iv) of section 303(g)(2)(B) 
     of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)), as 
     added by this Act, is received by the Secretary of Health and 
     Human Services, the Comptroller General of the United States 
     shall initiate an evaluation of the effectiveness of the 
     amendments made by this Act, which shall include an 
     evaluation of--
       (A) any changes in the availability and use of medication-
     assisted treatment for opioid addiction;
       (B) the quality of medication-assisted treatment programs;
       (C) the integration of medication-assisted treatment with 
     routine healthcare services;
       (D) diversion of opioid addiction treatment medication;
       (E) changes in State or local policies and legislation 
     relating to opioid addiction treatment;
       (F) the use of nurse practitioners and physician assistants 
     who prescribe opioid addiction medication;
       (G) the use of Prescription Drug Monitoring Programs by 
     waived practitioners to maximize safety of patient care and 
     prevent diversion of opioid addiction medication;
       (H) the findings of Drug Enforcement Agency inspections of 
     waived practitioners, including the frequency with which the 
     Drug Enforcement Agency finds no documentation of access to 
     behavioral health services; and
       (I) the effectiveness of cross-agency collaboration between 
     Department of Health and Human Services and the Drug 
     Enforcement Agency for expanding effective opioid addiction 
     treatment.
       (2) Report.--The Comptroller General shall submit to the 
     appropriate committees of Congress a report regarding the 
     evaluation conducted under paragraph (1).

     SEC. 804. DEMONSTRATION PROJECT.

       Section 303(g)(2) of the Controlled Substances Act (21 
     U.S.C. 823(g)(2)), as amended by section 801(2), is amended 
     by adding at the end the following:
       ``(L)(i) In this subparagraph, the term `covered provider' 
     includes a person that--
       ``(I) is not a physician; and
       ``(II) is authorized to dispense narcotic drugs in schedule 
     III, IV, or V or combinations of such drugs for maintenance 
     or detoxification treatment by the jurisdiction in which the 
     provider is licensed.
       ``(ii) Notwithstanding subparagraph (B)(i), the Secretary 
     may establish and carry out a demonstration project for the 
     purposes of allowing each covered provider participating in 
     the demonstration project to dispense narcotic drugs in 
     schedule III, IV, or V or combinations of such drugs for 
     maintenance or detoxification treatment under this 
     paragraph--
       ``(I) during an initial period, to be determined by the 
     Secretary, to treat not more than 30 patients; and
       ``(II) after the initial period, to treat not more than 100 
     patients.
       ``(iii) The Secretary may enter into grants, contracts, or 
     cooperative agreements with 1 or more research institutions, 
     departments of health of a State, and public and nonprofit 
     entities to assist in carrying out the demonstration project 
     under this subparagraph.
       ``(iv) Amounts made available to the Attorney General for 
     carrying out this section or to the Secretary of Health and 
     Human Services for carrying out title V of the Public Health 
     Service Act (42 U.S.C. 290aa) shall also be made available to 
     carry out the demonstration project under this subparagraph.
       ``(v) The demonstration project under this subparagraph, 
     including any authority to dispense narcotic drugs in 
     schedule III, IV, or V or combinations of such drugs for 
     maintenance or detoxification treatment under this 
     subparagraph, shall terminate on September 30, 2021.''.
                                 ______
                                 
  SA 3427. Mr. McCONNELL (for Mrs. Fischer (for herself, Mr. Daines, 
Mr. Booker, Mr. Peters, Mrs. Boxer, and Mrs. Feinstein)) proposed an 
amendment to the bill S. 2276, to amend title 49, United States Code, 
to provide enhanced safety in pipeline transportation, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

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

       (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) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references.

[[Page S1288]]

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 response plans to appropriate committees of 
              Congress.
Sec. 25. Consultation with FERC as part of pre-filing procedures and 
              permitting process for new natural gas pipeline 
              infrastructure.
Sec. 26. Maintenance of effort.
Sec. 27. Aliso Canyon natural gas leak task force.
       (c) 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.

     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 publish an update on a public website 
     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 Office of 
     Pipeline Safety resources for the development of each 
     outstanding pipeline safety 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.

[[Page S1289]]

  


     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, including 
     impacts on health and safety, 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 indicated in the certification, 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;

[[Page S1290]]

       (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;
       ``(3) consider existing consensus standards; and
       ``(4) consider the recommendations of the Aliso Canyon Task 
     Force under section 27 of the Securing America's Future 
     Energy: Protecting our Infrastructure of Pipelines and 
     Enhancing Safety Act.
       ``(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 address, 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 a 
     permanent 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 Permanent 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

[[Page S1291]]

     standards for deciding on the permanent 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 permanent 
     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 
     permanent 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 RESPONSE PLANS TO APPROPRIATE 
                   COMMITTEES OF CONGRESS.

       (a) Provision of Plans.--
       (1) In general.--Notwithstanding subsection (a)(2) of 
     section 60138 of title 49, United States Code, and subject to 
     paragraph (2), upon the request of the Chairperson or Ranking 
     Member of an appropriate committee of Congress, the 
     Administrator of the Pipeline and Hazardous Materials Safety 
     Administration shall provide the Chairperson or Ranking 
     Member, as applicable, a uniquely identifiable, unredacted 
     copy of an oil response plan under that section.
       (2) Protection of information.--Any information subject to 
     exclusion under section 60138(a)(2) of title 49, United 
     States Code, that is provided under paragraph (1) shall be 
     afforded appropriate protection against unauthorized public 
     disclosure, consistent with the rules and practices related 
     to the protection of confidential information received by 
     Congress.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed as affecting the provision of any other report, 
     data, or other information to Congress, or its handling 
     thereof.

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

       Where appropriate, 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 potential risks of hazardous 
     materials transportation by pipeline.

     SEC. 26. MAINTENANCE OF EFFORT.

       Section 60107(b) is amended to read as follows:
       ``(b) Payments.--After notifying and consulting with a 
     State authority, the Secretary may withhold any part of a 
     payment when the Secretary decides that the authority is not 
     carrying out satisfactorily a safety program or not acting 
     satisfactorily as an agent. The Secretary may pay an 
     authority under this section only when the authority ensures 
     the Secretary that it will provide the remaining costs of a 
     safety program, except when the Secretary waives this 
     requirement.''.

     SEC. 27. ALISO CANYON NATURAL GAS LEAK TASK FORCE.

       (a) Establishment of Task Force.--Not later than 15 days 
     after the date of enactment of this Act, the Secretary of 
     Energy shall lead and establish an Aliso Canyon Task Force 
     (referred to in this section as the ``task force'').
       (b) Membership of Task Force.--In addition to the 
     Secretary, the task force shall be composed of--
       (1) 1 representative from the Pipeline and Hazardous 
     Materials Safety Administration;
       (2) 1 representative from the Department of Health and 
     Human Services;
       (3) 1 representative from the Environmental Protection 
     Agency;
       (4) 1 representative from the Department of the Interior;
       (5) 1 representative from the Department of Commerce; and
       (6) 1 representative from the Federal Energy Regulatory 
     Commission.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the task force shall submit a final 
     report that contains the information described in paragraph 
     (2) to--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Natural Resources of the House of 
     Representatives;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Committee on Transportation and Infrastructure of 
     the House of Representatives;
       (E) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (F) the Committee on Energy and Commerce of the House of 
     Representatives;
       (G) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (H) the Committee on Education and the Workforce of the 
     House of Representatives;
       (I) the President; and
       (J) relevant Federal and State agencies.
       (2) Information included.--The report submitted under 
     paragraph (1) shall include, at a minimum--
       (A) an analysis and conclusion of the cause and 
     contributing factors of the Aliso Canyon natural gas leak;
       (B) an analysis of measures taken to stop the natural gas 
     leak, with an immediate focus on other, more effective 
     measures that could be taken;

[[Page S1292]]

       (C) an assessment of the impact of the natural gas leak on 
     health, safety, the environment, and the economy of the 
     residents and property surrounding Aliso Canyon, on wholesale 
     and retail electricity prices, and on the reliability of the 
     bulk-power system;
       (D) an analysis of how Federal, State, and local agencies 
     responded to the natural gas leak;
       (E) in order to lessen the negative impacts of natural gas 
     leaks from underground storage facilities, recommendations on 
     how to improve--
       (i) the response to a future leak; and
       (ii) coordination between all appropriate Federal, State, 
     and local agencies in the response to the Aliso Canyon 
     natural gas leak and future natural gas leaks;
       (F) an analysis of the potential for a similar natural gas 
     leak to occur at other underground natural gas storage 
     facilities in the United States;
       (G) recommendations on how to prevent any future natural 
     gas leaks;
       (H) recommendations on whether to continue operations at 
     Aliso Canyon and other underground storage facilities in 
     close proximity to residential populations based on an 
     assessment of the risk of a future natural gas leak; and
       (I) a recommendation on information that is not currently 
     collected but that would be in the public interest to collect 
     and distribute to agencies and institutions for the continued 
     study and monitoring of natural gas storage infrastructure in 
     the United States.
       (3) Publication.--The final report under paragraph (1) 
     shall be made available to the public in an electronically 
     accessible format.
       (4) Findings.--If, before the final report is submitted 
     under paragraph (1), the task force finds methods to solve 
     the natural gas leak at Aliso Canyon, finds methods to better 
     protect the affected communities, or finds methods to help 
     prevent other leaks, the task force shall immediately submit 
     such findings to the entities described in subparagraphs (A) 
     through (J) of paragraph (1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary.

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