[Congressional Record Volume 162, Number 35 (Thursday, March 3, 2016)]
[Senate]
[Pages S1292-S1296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             SAFE PIPES ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 370, S. 2276.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2276) to amend title 49, United States Code, to 
     provide enhanced safety in pipeline transportation, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

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

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

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

[[Page S1293]]

  


     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 3. REGULATORY UPDATES.

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

     SEC. 4. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

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

     SEC. 5. STATUTORY PREFERENCE.

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

     SEC. 6. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

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

     SEC. 7. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

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

     SEC. 8. TECHNICAL SAFETY STANDARDS COMMITTEES.

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

     SEC. 9. INSPECTION REPORT INFORMATION.

       (a) In General.--Not later than 30 days after the 
     completion of a pipeline safety inspection, the Administrator 
     of the Pipeline and Hazardous Materials Safety 
     Administration, or the State authority certified under 
     section 60105 of title 49, United States Code, shall--

[[Page S1294]]

       (1) conduct a post-inspection briefing with the operator 
     outlining concerns, and to the extent practicable, provide 
     written preliminary findings of the inspection; or
       (2) issue to the operator a final report, notice of 
     amendment of plans or procedures, safety order, or corrective 
     action order, or such other applicable report, notice, or 
     order.
       (b) Report.--
       (1) In general.--The Administrator shall submit an annual 
     report to Congress regarding--
       (A) the actions that the Pipeline and Hazardous Materials 
     Safety Administration has taken to ensure that inspections by 
     State authorities provide effective and timely oversight; and
       (B) statistics relating to the timeliness of the actions 
     described in paragraphs (1) and (2) of subsection (a).
       (2) Cessation of effectiveness.--Paragraph (1) shall cease 
     to be effective on September 30, 2019.

     SEC. 10. PIPELINE ODORIZATION STUDY.

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

     SEC. 11. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

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

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

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

     SEC. 13. RESEARCH AND DEVELOPMENT.

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

     SEC. 14. INFORMATION SHARING SYSTEM.

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

     SEC. 15. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY 
                   DATABASE.

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

     SEC. 16. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

       (a) Defined Term.--Section 60101(a) is amended--
       (1) in paragraph (21)(B), by striking the period at the end 
     and inserting a semicolon;

[[Page S1295]]

       (2) in paragraph (24), by striking ``and'' at the end;
       (3) in paragraph (25), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(27) `underground natural gas storage facility' means a 
     gas pipeline facility that stores gas in an underground 
     facility, including--
       ``(A) a depleted hydrocarbon reservoir;
       ``(B) an aquifer reservoir; or
       ``(C) a solution mined salt cavern reservoir.''.
       (b) Standards for Underground Natural Gas Storage 
     Facilities.--Chapter 601 is amended by inserting after 
     section 60103 the following:

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

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

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

     SEC. 17. JOINT INSPECTION AND OVERSIGHT.

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

     SEC. 18. RESPONSE PLANS.

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

     SEC. 19. HIGH CONSEQUENCE AREAS.

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

     SEC. 20. SURFACE TRANSPORTATION SECURITY REVIEW.

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

     SEC. 21. SMALL SCALE LIQUEFIED NATURAL GAS FACILITIES.

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

     SEC. 22. REPORT ON NATURAL GAS LEAK REPORTING.

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

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

       (a) Review.--The Comptroller General of the United States 
     shall conduct a State-by-State review of State-level policies 
     that--
       (1) encourage the repair and replacement of leaking natural 
     gas distribution pipelines or systems that pose a safety 
     threat, such as timelines to repair leaks and limits on cost 
     recovery from ratepayers; and
       (2) that may create barriers for entities to conduct work 
     to repair and replace leaking natural gas pipelines or 
     distribution systems.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress and the Pipeline and Hazardous Materials Safety 
     Administration a report summarizing the findings of the 
     review conducted under subsection (a) and making 
     recommendations on Federal or State policies or best 
     practices that may improve

[[Page S1296]]

     safety by accelerating the repair and replacement of natural 
     gas pipelines or systems that are leaking or releasing 
     natural gas, including policies within the jurisdiction of 
     the Pipeline and Hazardous Materials Safety Administration. 
     The report shall consider the potential impact, including 
     potential savings, of the implementation of its 
     recommendations on ratepayers or end users of the natural gas 
     pipeline system.
       (c) Consideration of Recommendations.--If the Comptroller 
     General makes recommendations in the report submitted under 
     subsection (a) on Federal or State policies or best practices 
     within the jurisdiction of the Pipeline and Hazardous 
     Materials Safety Administration, the Administrator shall, not 
     later than 90 days after such submission, review such 
     recommendations and report to Congress on the feasibility of 
     implementing such recommendations. If the Administrator 
     determines that the recommendations would significantly 
     improve pipeline safety, the Administrator shall, not later 
     than 180 days after making such determination and in 
     coordination with the heads of other relevant agencies as 
     appropriate, issue regulations, as the Administrator 
     determines appropriate, to implement the recommendations.

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

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

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

       The Administrator of the Pipeline and Hazardous Materials 
     Safety Administration shall consult with the Federal Energy 
     Regulatory Commission during its pre-filing procedures and 
     permitting process for new natural gas pipeline 
     infrastructure to ensure the protection of people and the 
     environment from the risks of hazardous materials 
     transportation.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; the Fischer substitute amendment be 
agreed to; the bill, as amended, be read a third time and passed; and 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 3427) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 2276), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________