[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5348-S5354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           PIPES ACT OF 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 427, S. 2299.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2299) to amend title 49, United States Code, to 
     enhance the safety and reliability of 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; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``PIPES Act 
     of 2019''.

[[Page S5349]]

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Underground natural gas storage user fees.
Sec. 104. Cost recovery and fees for facility reviews.
Sec. 105. Advancement of new pipeline safety technologies and 
              approaches.
Sec. 106. Pipeline safety testing enhancement study.
Sec. 107. Regulatory updates.
Sec. 108. Self-disclosure of violations.
Sec. 109. Due process protections in enforcement proceedings.
Sec. 110. Pipeline operating status.
Sec. 111. Liquefied natural gas facility project reviews.
Sec. 112. Updates to standards for liquefied natural gas facilities.
Sec. 113. National Center of Excellence for Liquefied Natural Gas 
              Safety and Training.
Sec. 114. Prioritization of rulemaking.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Pipeline and Hazardous Materials Safety Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125 of title 49, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) Gas and Hazardous Liquid.--
       ``(1) In general.--From fees collected under section 60301, 
     there are authorized to be appropriated to the Secretary to 
     carry out section 12 of the Pipeline Safety Improvement Act 
     of 2002 (49 U.S.C. 60101 note; Public Law 107-355) and the 
     provisions of this chapter relating to gas and hazardous 
     liquid--
       ``(A) $147,000,000 for fiscal year 2020, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $60,000,000 shall be used for making grants;
       ``(B) $151,000,000 for fiscal year 2021, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $63,000,000 shall be used for making grants;
       ``(C) $155,000,000 for fiscal year 2022, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $66,000,000 shall be used for making grants; and
       ``(D) $159,000,000 for fiscal year 2023, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $69,000,000 shall be used for making grants.
       ``(2) Trust fund amounts.--In addition to the amounts 
     authorized to be appropriated under paragraph (1), there are 
     authorized to be appropriated from the Oil Spill Liability 
     Trust Fund established by section 9509(a) of the Internal 
     Revenue Code of 1986 to carry out section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355) and the provisions of this chapter relating to 
     hazardous liquid--
       ``(A) $25,000,000 for fiscal year 2020, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $10,000,000 shall be used for making grants;
       ``(B) $26,000,000 for fiscal year 2021, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $11,000,000 shall be used for making grants;
       ``(C) $27,000,000 for fiscal year 2022, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $12,000,000 shall be used for making grants; and
       ``(D) $28,000,000 for fiscal year 2023, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $13,000,000 shall be used for making grants.
       ``(3) Underground natural gas storage facility safety 
     account.--From fees collected under section 60302, there is 
     authorized to be appropriated to the Secretary to carry out 
     section 60141 $8,000,000 for each of fiscal years 2020 
     through 2023.''.
       (b) Operational Expenses.--Section 2(b) of the PIPES Act of 
     2016 (Public Law 114-183; 130 Stat. 515) is amended by 
     striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) $24,000,000 for fiscal year 2020.
       ``(2) $25,000,000 for fiscal year 2021.
       ``(3) $26,000,000 for fiscal year 2022.
       ``(4) $27,000,000 for fiscal year 2023.''.
       (c) One-call Notification Programs.--Section 6107 of title 
     49, United States Code, is amended by striking ``$1,058,000 
     for each of fiscal years 2016 through 2019'' and inserting 
     ``$1,058,000 for each of fiscal years 2020 through 2023''.
       (d) Pipeline Safety Information Grants to Communities.--
     Section 60130 of title 49, United States Code, is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Funding.--
       ``(1) In general.--Out of amounts made available under 
     section 2(b) of the PIPES Act of 2016, the Secretary shall 
     use $1,500,000 for each of fiscal years 2020 through 2023 to 
     carry out this section.
       ``(2) Limitation.--Any amounts used to carry out this 
     section shall not be derived from user fees collected under 
     section 60301.''.
       (e) Damage Prevention Programs.--Section 60134(i) of title 
     49, United States Code, is amended in the first sentence by 
     striking ``fiscal years 2012 through 2015'' and inserting 
     ``fiscal years 2020 through 2023''.
       (f) Pipeline Integrity Program.--Section 12(f) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355) is amended by striking ``2016 
     through 2019'' and inserting ``2020 through 2023''.

     SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

       (a) Inspector Training.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall--
       (1) review the inspector training programs provided at the 
     Inspector Training and Qualifications Division of the 
     Administration in Oklahoma City, Oklahoma; and
       (2) determine whether any of the programs referred to in 
     paragraph (1), or any portions of the programs, could be 
     provided online through teletraining or another type of 
     distance learning.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure, Energy and Commerce, and Science, Space, and 
     Technology of the House of Representatives and make publicly 
     available on a website of the Department of Transportation a 
     report containing a comprehensive workforce plan for the 
     Administration.
       (2) Contents.--The report under paragraph (1) shall 
     include--
       (A) a description of the current staffing at the 
     Administration;
       (B) an identification of the staff needed to achieve the 
     mission of the Administration over the next 10 years 
     following the date of the report;
       (C) an evaluation of whether the inspector training 
     programs referred to in subsection (a)(1) provide appropriate 
     exposure to pipeline operations and current pipeline safety 
     technology;
       (D) a summary of any gaps between the current workforce of 
     the Administration and the future human capital needs of the 
     Administration; and
       (E) a description of how the Administration--
       (i) uses the retention incentives defined by the Office of 
     Personnel Management; and
       (ii) plans to use those retention incentives as part of the 
     comprehensive workforce plan of the Administration.

     SEC. 103. UNDERGROUND NATURAL GAS STORAGE USER FEES.

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

     SEC. 104. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

       (a) Fees for Compliance Reviews of Liquefied Natural Gas 
     Facilities.--Chapter 603 of title 49, United States Code, is 
     amended by inserting after section 60302 the following:

     ``Sec. 60303. Fees for compliance reviews of liquefied 
       natural gas facilities

       ``(a) Imposition of Fee.--

[[Page S5350]]

       ``(1) In general.--The Secretary of Transportation 
     (referred to in this section as the `Secretary') shall impose 
     on a person who files with the Federal Energy Regulatory 
     Commission an application for a liquefied natural gas 
     facility that has design and construction costs totaling not 
     less than $2,500,000,000 a fee for the necessary expenses of 
     a review, if any, that the Secretary conducts, in connection 
     with that application, to determine compliance with subpart B 
     of part 193 of title 49, Code of Federal Regulations (or 
     successor regulations).
       ``(2) Relation to other review.--The Secretary may not 
     impose fees under paragraph (1) and section 60117(o) or 
     60301(b) for the same compliance review described in 
     paragraph (1).
       ``(b) Means of Collection.--
       ``(1) In general.--The Secretary shall prescribe procedures 
     to collect fees under this section.
       ``(2) Use of government entities.--The Secretary may--
       ``(A) use a department, agency, or instrumentality of the 
     Federal Government or of a State or local government to 
     collect fees under this section; and
       ``(B) reimburse that department, agency, or instrumentality 
     a reasonable amount for the services provided.
       ``(c) Account.--There is established an account, to be 
     known as the `Liquefied Natural Gas Siting Account', in the 
     Pipeline Safety Fund established in the Treasury of the 
     United States under section 60301.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     603 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60302 the following:

``60303. Fees for compliance reviews of liquefied natural gas 
              facilities.''.

     SEC. 105. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND 
                   APPROACHES.

       (a) In General.--Chapter 601 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 60142. Pipeline safety enhancement programs

       ``(a) In General.--The Secretary may establish and carry 
     out limited safety-enhancing testing programs during the 
     period of fiscal years 2020 through 2026 to evaluate 
     innovative technologies and operational practices testing the 
     safe operation of--
       ``(1) a natural gas pipeline facility; or
       ``(2) a hazardous liquid pipeline facility.
       ``(b) Limitations.--
       ``(1) In general.--Such testing programs may not exceed--
       ``(A) 5 percent of the total miles of hazardous liquid 
     pipelines in the United States; and
       ``(B) 5 percent of the total miles of natural gas pipelines 
     in the United States.
       ``(2) High population areas.--Any program established under 
     subsection (a) shall not be located in a high population area 
     (as defined in section 195.450 of title 49, Code of Federal 
     Regulations).
       ``(c) Duration.--The term of a testing program established 
     under subsection (a) shall be not more than a period of 4 
     years beginning on the date of approval of the program.
       ``(d) Safety Standards.--
       ``(1) In general.--The Secretary shall require, as a 
     condition of approval of a testing program under subsection 
     (a), that the safety measures in the testing program are 
     designed to achieve a level of safety that is greater than, 
     or equivalent to, the level of safety required by this 
     chapter.
       ``(2) Determination.--
       ``(A) In general.--The Secretary may issue an order under 
     subparagraph (A) of section 60118(c)(1) to accomplish the 
     purpose of a testing program for a term not to exceed the 
     time period described in subsection (c) if the condition 
     described in paragraph (1) is met, as determined by the 
     Secretary.
       ``(B) Limitation.--An order under subparagraph (A) shall 
     pertain only to those regulations that would otherwise 
     prevent the use of the safety technology to be tested under 
     the testing program.
       ``(e) Considerations.--In establishing a testing program 
     under subsection (a), the Secretary shall consider--
       ``(1) whether the owners or operators participating in the 
     program have a safety management system in place; and
       ``(2) whether the proposed safety technology has been 
     tested through a research and development program carried out 
     by--
       ``(A) the Secretary;
       ``(B) collaborative research development organizations; or
       ``(C) other institutions.
       ``(f) Data and Findings.--As a participant in a testing 
     program established under subsection (a), an operator shall 
     submit to the Secretary detailed findings and a summary of 
     data collected as a result of participation in the testing 
     program.
       ``(g) Authority to Revoke Participation.--The Secretary 
     shall immediately revoke participation in a testing program 
     under subsection (a) if--
       ``(1) the participant fails to comply with the terms and 
     conditions of the testing program; or
       ``(2) in the determination of the Secretary, continued 
     participation in the testing program by the participant would 
     be unsafe or would not be consistent with the goals and 
     objectives of this chapter.
       ``(h) Authority to Terminate Program.--The Secretary shall 
     immediately terminate a testing program under subsection (a) 
     if continuation of the testing program would not be 
     consistent with the goals and objectives of this chapter.
       ``(i) State Rights.--
       ``(1) Exemption.--Except as provided in paragraph (2), if a 
     State submits to the Secretary notice that the State requests 
     an exemption from any testing program considered for 
     establishment under this section, the State shall be exempt.
       ``(2) Limitations.--
       ``(A) In general.--The Secretary shall not grant a 
     requested exemption under paragraph (1) after a testing 
     program is established.
       ``(B) Late notice.--The Secretary shall not grant a 
     requested exemption under paragraph (1) if the notice 
     submitted under that paragraph is submitted to the Secretary 
     more than 10 days after the date on which the Secretary 
     issues an order providing an effective date for the testing 
     program.
       ``(3) Effect.--If a State has not submitted a notice 
     requesting an exemption under paragraph (1), the State shall 
     not enforce any law (including regulations) that is 
     inconsistent with a testing program in effect in the State 
     under this section.
       ``(j) Program Review Process and Public Notice.--
       ``(1) In general.--The Secretary shall publish in the 
     Federal Register and send directly to each relevant State 
     authority with a certification in effect under section 60105 
     a notice of each testing program under subsection (a), 
     including the order to be considered, and provide an 
     opportunity for public comment for not less than 90 days.
       ``(2) Response from secretary.--Not later than the date on 
     which the Secretary issues an order providing an effective 
     date of a testing program noticed under paragraph (1), the 
     Secretary shall respond to each comment submitted under that 
     paragraph.
       ``(k) Report to Congress.--At the conclusion of each 
     testing program, the Secretary shall make publicly available 
     on the website of the Department of Transportation a report 
     containing--
       ``(1) the findings and conclusions of the Secretary with 
     respect to the testing program; and
       ``(2) any recommendations of the Secretary with respect to 
     the testing program, including any recommendations for 
     amendments to laws (including regulations) and the 
     establishment of standards, that--
       ``(A) would enhance the safe operation of interstate gas or 
     hazardous liquid pipeline facilities; and
       ``(B) are technically, operationally, and economically 
     feasible.
       ``(l) Standards.--If a report under subsection (k) 
     indicates that it is practicable to establish technically, 
     operationally, and economically feasible standards for the 
     use of a safety-enhancing technology and any corresponding 
     operational practices tested by the testing program described 
     in the report, the Secretary, as soon as practicable after 
     submission of the report, may promulgate regulations 
     consistent with chapter 5 of title 5 (commonly known as the 
     `Administrative Procedures Act') that--
       ``(1) allow operators of interstate gas or hazardous liquid 
     pipeline facilities to use the relevant technology or 
     practice to the extent practicable; and
       ``(2) establish technically, operationally, and 
     economically feasible standards for the capability and 
     deployment of the technology or practice.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60141 the following:

``60142. Pipeline safety enhancement programs.''.

     SEC. 106. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committees 
     on Transportation and Infrastructure, Energy and Commerce, 
     and Science, Space, and Technology of the House of 
     Representatives a report relating to--
       (1) the research and development capabilities of the 
     Administration, in accordance with section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355);
       (2)(A) the development of additional testing and research 
     capabilities through the establishment of an independent 
     pipeline safety testing facility under the Department of 
     Transportation;
       (B) whether an independent pipeline safety testing facility 
     would be critical to the work of the Administration; and
       (C) the costs and benefits of developing an independent 
     pipeline safety testing facility under the Department of 
     Transportation; and
       (3) the ability of the Administration to use the testing 
     facilities of other Federal agencies or federally funded 
     research and development centers.

     SEC. 107. REGULATORY UPDATES.

       (a) Definition of Outstanding Mandate.--In this section, 
     the term ``outstanding mandate'' means--
       (1) a final rule required to be issued under the Pipeline 
     Safety, Regulatory Certainty, and Job Creation Act of 2011 
     (Public Law 112-90; 125 Stat. 1904) that has not been 
     published in the Federal Register;
       (2) a final rule required to be issued under the Protecting 
     our Infrastructure of Pipelines and Enhancing Safety Act of 
     2016 (Public Law 114-183; 130 Stat. 514) that has not been 
     published in the Federal Register; and
       (3) any other final rule regarding gas or hazardous liquid 
     pipeline facilities required to be issued under this Act or 
     an Act enacted prior to the date of enactment of this Act 
     that has not been published in the Federal Register.
       (b) Requirements.--
       (1) Periodic updates.--Not later than 30 days after the 
     date of enactment of this Act,

[[Page S5351]]

     and every 30 days thereafter until a final rule referred to 
     in paragraphs (1) through (3) of subsection (a) is published 
     in the Federal Register, the Secretary shall publish on a 
     publicly available website of the Department of 
     Transportation an update regarding the status of each 
     outstanding mandate in accordance with subsection (c).
       (2) Notification of congress.--On publication of a final 
     rule in the Federal Register for an outstanding mandate, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a notification in accordance 
     with subsection (c).
       (c) Contents.--An update published or a notification 
     submitted under paragraph (1) or (2) of subsection (b) shall 
     contain, as applicable--
       (1) with respect to information relating to the 
     Administration--
       (A) a description of the work plan for each outstanding 
     mandate;
       (B) an updated rulemaking timeline for each outstanding 
     mandate;
       (C) the staff allocations with respect to each outstanding 
     mandate;
       (D) any resource constraints affecting the rulemaking 
     process for each outstanding mandate;
       (E) any other details associated with the development of 
     each outstanding mandate that affect the progress of the 
     rulemaking process with respect to that outstanding mandate; 
     and
       (F) a description of all rulemakings regarding gas or 
     hazardous liquid pipeline facilities published in the Federal 
     Register that are not identified under subsection (b)(2); and
       (2) with respect to information relating to the Office of 
     the Secretary--
       (A) the date that the outstanding mandate was submitted to 
     the Office of the Secretary for review;
       (B) the reason that the outstanding mandate is under review 
     beyond 45 days;
       (C) the staff allocations within the Office of the 
     Secretary with respect to each the outstanding mandate;
       (D) any resource constraints affecting review of the 
     outstanding mandate;
       (E) an estimated timeline of when review of the outstanding 
     mandate will be complete, as of the date of the update;
       (F) if applicable, the date that the outstanding mandate 
     was returned to the Administration for revision and the 
     anticipated date for resubmission to the Office of the 
     Secretary;
       (G) the date that the outstanding mandate was submitted to 
     the Office of Management and Budget for review; and
       (H) a statement of whether the outstanding mandate remains 
     under review by the Office of Management and Budget.

     SEC. 108. SELF-DISCLOSURE OF VIOLATIONS.

       Section 60122(b)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following:
       ``(D) self-disclosure and correction of violations, or 
     actions to correct a violation, prior to discovery by the 
     Pipeline and Hazardous Materials Safety Administration; 
     and''.

     SEC. 109. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

       (a) In General.--Section 60117 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (b) through (o) as 
     subsections (c) through (p), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Enforcement and Regulatory Procedures.--
       ``(1) Request for formal hearing.--On request of a 
     respondent in an enforcement or regulatory proceeding under 
     this chapter, a hearing shall be held in accordance with 
     section 554 of title 5.
       ``(2) Administrative law judge.--A hearing under paragraph 
     (1) shall be conducted by an administrative law judge 
     appointed under section 3105 of title 5.
       ``(3) Open to the public.--
       ``(A) Hearings.--A hearing under paragraph (1) shall be--
       ``(i) noticed to the public--

       ``(I) on the website of the Pipeline and Hazardous 
     Materials Safety Administration; and
       ``(II) in the Federal Register; and

       ``(ii) open to the public.
       ``(B) Agreements, orders, and judgments.--A consent 
     agreement, consent order, order, or judgment resulting from a 
     hearing under paragraph (1) shall be made available to the 
     public on the website of the Pipeline and Hazardous Materials 
     Safety Administration.
       ``(4) Procedures.--In implementing enforcement and 
     regulatory procedures under this chapter, the Secretary 
     shall--
       ``(A) allow the use of a consent agreement and consent 
     order to resolve any matter of fact or law asserted;
       ``(B) allow the respondent and the agency to convene 1 or 
     more meetings--
       ``(i) for settlement or simplification of the issues; or
       ``(ii) to aid in the disposition of issues;
       ``(C) require that the case file in an enforcement 
     proceeding include all agency records pertinent to the 
     matters of fact and law asserted;
       ``(D) require that a recommended decision be made available 
     to the respondent when issued;
       ``(E) allow a respondent to reply to any post-hearing 
     submission;
       ``(F) allow a respondent to request--
       ``(i) that a hearing be held, and a recommended decision 
     and order issued, on an expedited basis; or
       ``(ii) that a hearing not commence for a period of not less 
     than 90 days;
       ``(G) require that the agency have the burden of proof, 
     presentation, and persuasion in any enforcement matter;
       ``(H) require that any recommended decision and order 
     contain findings of fact and conclusions of law;
       ``(I) require the Associate Administrator of the Office of 
     Pipeline Safety to file a post-hearing recommendation not 
     later than 30 days after the deadline for any post-hearing 
     submission of a respondent;
       ``(J) require an order on a petition for reconsideration to 
     be issued not later than 120 days after the date on which the 
     petition is filed; and
       ``(K) allow an operator to request that an issue of 
     controversy or uncertainty be addressed through a declaratory 
     order in accordance with section 554(e) of title 5, which 
     order shall be issued not later than 120 days after the date 
     on which a request is made.
       ``(5) Savings clause.--Nothing in this subsection alters 
     the procedures applicable to an emergency order under 
     subsection (p).''.
       (b) Conforming Amendments.--
       (1) Section 60109(g)(4) of title 49, United States Code, is 
     amended by striking ``section 60117(c)'' and inserting 
     ``section 60117(d)''.
       (2) Section 60117(p) of title 49, United States Code (as 
     redesignated by subsection (a)(1)), is amended, in paragraph 
     (3)(E), by striking ``60117(l)'' and inserting ``subsection 
     (m)''.
       (3) Section 60118(a)(3) of title 49, United States Code, is 
     amended by striking ``section 60117(a)-(d)'' and inserting 
     ``subsections (a) through (e) of section 60117''.

     SEC. 110. PIPELINE OPERATING STATUS.

       (a) In General.--Chapter 601 of title 49, United States 
     Code (as amended by section 105(a)), is amended by adding at 
     the end the following:

     ``Sec. 60143. Idled pipelines

       ``(a) Definition of Idled.--In this section, the term 
     `idled', with respect to a pipeline, means that the 
     pipeline--
       ``(1)(A) has ceased normal operations; and
       ``(B) will not resume service for a period of not less than 
     180 days;
       ``(2) has been isolated from all sources of hazardous 
     liquid, natural gas, or other gas; and
       ``(3)(A) has been purged of combustibles and hazardous 
     materials and maintains a blanket of inert, nonflammable gas 
     at low pressure; or
       ``(B) has not been purged as described in subparagraph (A), 
     but the volume of gas is so small that there is no potential 
     hazard.
       ``(b) Rulemaking.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the PIPES Act of 2019, the Secretary shall 
     promulgate regulations prescribing the applicability of the 
     pipeline safety requirements to idled natural or other gas 
     transmission and hazardous liquid pipelines.
       ``(2) Requirements.--
       ``(A) In general.--The applicability of the regulations 
     under paragraph (1) shall be based on the risk that idled 
     natural or other gas transmission and hazardous liquid 
     pipelines pose to the public, property, and the environment, 
     and shall include requirements to resume operation.
       ``(B) Inspection.--The Secretary or an appropriate State 
     agency shall inspect each idled pipeline and verify that the 
     pipeline has been purged of combustibles and hazardous 
     materials, if required under subsection (a).
       ``(C) Requirements for reinspection.--The Secretary shall 
     determine the requirements for periodic reinspection of idled 
     natural or other gas transmission and hazardous liquid 
     pipelines.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code (as amended by section 
     105(b)), is amended by inserting after the item relating to 
     section 60142 the following:

``60143. Idled pipelines.''.

     SEC. 111. LIQUEFIED NATURAL GAS FACILITY PROJECT REVIEWS.

       Section 60103(a) of title 49, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G), respectively, and indenting 
     appropriately;
       (2) in the first sentence, by striking ``The Secretary of 
     Transportation'' and inserting the following:
       ``(1) In general.--The Secretary of Transportation'';
       (3) in the second sentence, by striking ``In prescribing a 
     standard'' and inserting the following:
       ``(2) Considerations.--In prescribing a standard under 
     paragraph (1)''; and
       (4) by adding at the end the following:
       ``(3) Use of location standards.--If a Federal or State 
     authority with jurisdiction over liquefied natural gas 
     pipeline facility permits or approvals is using the location 
     standards prescribed under paragraph (1) for purposes of 
     making a decision with respect to the location of a new 
     liquefied natural gas pipeline facility and submits to the 
     Secretary of Transportation a request to provide a 
     determination of whether the new liquefied natural gas 
     pipeline facility would meet the location standards, the 
     Secretary may provide such a determination to the requesting 
     Federal or State authority.
       ``(4) Effect.--Nothing in this subsection or subsection 
     (b)--
       ``(A) affects--
       ``(i) section 3 of the Natural Gas Act (15 U.S.C. 717b);
       ``(ii) the authority of the Federal Energy Regulatory 
     Commission to carry out that section; or
       ``(iii) any other similar authority of any other Federal or 
     State agency; or
       ``(B) requires the Secretary of Transportation to formally 
     approve any project proposal or otherwise perform any siting 
     functions.''.

     SEC. 112. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS 
                   FACILITIES.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall--

[[Page S5352]]

       (1) review the minimum operating and maintenance standards 
     prescribed under section 60103(d) of title 49, United States 
     Code; and
       (2) based on the review under paragraph (1), update the 
     standards described in that paragraph applicable to large-
     scale liquefied natural gas facilities (other than peak 
     shaving facilities) to provide for a risk-based regulatory 
     approach for such facilities, consistent with this section.
       (b) Scope.--In updating the minimum operating and 
     maintenance standards under subsection (a)(2), the Secretary 
     shall ensure that all regulations, guidance, and internal 
     documents are developed and applied in a manner consistent 
     with this section.
       (c) Requirements.--The updates to the operating and 
     maintenance standards required under subsection (a)(2) shall, 
     at a minimum, require operators--
       (1) to develop and maintain written safety information 
     identifying hazards associated with--
       (A) the processes of liquefied natural gas conversion, 
     storage, and transport;
       (B) equipment used in the processes; and
       (C) technology used in the processes;
       (2) to conduct a hazard assessment, including the 
     identification of potential sources of accidental releases;
       (3)(A) to consult with employees and representatives of 
     employees on the development and conduct of hazard 
     assessments under paragraph (2); and
       (B) to provide employees access to the records of the 
     hazard assessments and any other records required under the 
     updated standards;
       (4) to establish a system to respond to the findings of a 
     hazard assessment conducted under paragraph (2) that 
     addresses prevention, mitigation, and emergency responses;
       (5) to review, when a design change occurs, a hazard 
     assessment conducted under paragraph (2) and the response 
     system established under paragraph (4);
       (6) to develop and implement written operating procedures 
     for the processes of liquefied natural gas conversion, 
     storage, and transport;
       (7)(A) to provide written safety and operating information 
     to employees; and
       (B) to train employees in operating procedures with an 
     emphasis on addressing hazards and using safe practices;
       (8) to ensure contractors and contract employees are 
     provided appropriate information and training;
       (9) to train and educate employees and contractors in 
     emergency response;
       (10) to establish a quality assurance program to ensure 
     that equipment, maintenance materials, and spare parts 
     relating to the operations and maintenance of liquefied 
     natural gas facilities are fabricated and installed 
     consistent with design specifications;
       (11) to establish maintenance systems for critical process-
     related equipment, including written procedures, employee 
     training, appropriate inspections, and testing of that 
     equipment to ensure ongoing mechanical integrity;
       (12) to conduct pre-start-up safety reviews of all newly 
     installed or modified equipment;
       (13) to establish and implement written procedures to 
     manage change to processes of liquefied natural gas 
     conversion, storage, and transport, technology, equipment, 
     and facilities; and
       (14)(A) to investigate each incident that results in, or 
     could have resulted in--
       (i) loss of life;
       (ii) destruction of private property; or
       (iii) a major accident; and
       (B) to have operating personnel--
       (i) review any findings of an investigation under 
     subparagraph (A); and
       (ii) if appropriate, take responsive measures.

     SEC. 113. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL 
                   GAS SAFETY AND TRAINING.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the National Center 
     of Excellence for Liquefied Natural Gas Safety and Training 
     established under subsection (b).
       (2) LNG.--The term ``LNG'' means liquefied natural gas.
       (3) LNG sector stakeholder.--The term ``LNG sector 
     stakeholder'' means a representative of--
       (A) LNG facilities that represent the broad array of LNG 
     facilities operating in the United States;
       (B) States, Indian Tribes, and units of local government;
       (C) postsecondary education;
       (D) labor organizations;
       (E) safety organizations; or
       (F) Federal regulatory agencies of jurisdiction, which may 
     include--
       (i) the Administration;
       (ii) the Federal Energy Regulatory Commission;
       (iii) the Department of Energy;
       (iv) the Occupational Safety and Health Administration;
       (v) the Coast Guard; and
       (vi) the Maritime Administration.
       (b) Establishment.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary, in consultation with 
     LNG sector stakeholders, shall establish a center, to be 
     known as the ``National Center of Excellence for Liquefied 
     Natural Gas Safety and Training''.
       (c) Functions.--The Center shall, for activities regulated 
     under section 60103 of title 49, United States Code--
       (1) promote, facilitate, and conduct--
       (A) education;
       (B) training; and
       (C) technological advancements;
       (2) be a repository of information on best practices 
     relating to, and expertise on, LNG operations;
       (3) foster collaboration among stakeholders; and
       (4) provide a curriculum for training that incorporates--
       (A) risk-based principles into the operation, management, 
     and regulatory oversight of LNG facilities;
       (B) the reliance on subject matter expertise within the LNG 
     industry;
       (C) the transfer of knowledge and expertise between the LNG 
     industry and regulatory agencies; and
       (D) training and workshops that occur at operational 
     facilities.
       (d) Location.--
       (1) In general.--The Center shall be located in close 
     proximity to critical LNG transportation infrastructure on, 
     and connecting to, the Gulf of Mexico, as determined by the 
     Secretary.
       (2) Considerations.--In siting the location of the Center, 
     the Secretary shall take into account the strategic value of 
     locating resources in close proximity to LNG facilities.
       (e) Joint Operation With Educational Institution.--The 
     Secretary may enter into an agreement with an appropriate 
     official of an institution of higher education--
       (1) to provide for joint operation of the Center; and
       (2) to provide necessary administrative services for the 
     Center.

     SEC. 114. PRIORITIZATION OF RULEMAKING.

       (a) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall ensure completion 
     of and publish in the Federal Register the outstanding 
     rulemaking entitled ``Pipeline Safety: Safety of Gas 
     Transmission and Gathering Pipelines'', published in the 
     Federal Register on April 8, 2016 (81 Fed. Reg. 20722; Docket 
     No. PHMSA-2011-0023), as that rulemaking relates to the 
     consideration of gathering pipelines.
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) review the extent to which geospatial and technical 
     data is collected by operators of gathering lines, including 
     design and material specifications;
       (2) analyze information collected by operators of gathering 
     lines when the mapping information described in paragraph (1) 
     is not available for a gathering line; and
       (3) assess any plans and timelines of operators of 
     gathering lines to develop the mapping information described 
     in paragraph (1) or otherwise collect information described 
     in paragraph (2).
       (c) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report on the review required 
     under subsection (b), including any recommendations that the 
     Comptroller General of the United States may have as a result 
     of the review.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Leonel Rondon Pipeline 
     Safety Act''.

     SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

       (a) In General.--Section 60109(e) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(7) Distribution integrity management plans.--
       ``(A) Evaluation of risk.--Not later than 2 years after the 
     date of enactment of this paragraph, the Secretary shall 
     promulgate regulations to ensure that each distribution 
     integrity management plan developed by an operator of a 
     distribution system includes an evaluation of--
       ``(i) the risks resulting from the presence of cast iron 
     pipes and mains in the distribution system; and
       ``(ii) the risks that could lead to or result from the 
     operation of a low-pressure distribution system at a pressure 
     that makes the operation of any connected and properly 
     adjusted low-pressure gas burning equipment unsafe (as 
     described in section 192.623 of title 49, Code of Federal 
     Regulations (or a successor regulation)).
       ``(B) Consideration.--In the evaluations required in a plan 
     under subparagraph (A), the regulations promulgated by the 
     Secretary shall ensure that the distribution integrity 
     management plan evaluates for future potential threats in a 
     manner that considers factors other than past observed 
     abnormal operations (within the meaning of section 192.605 of 
     title 49, Code of Federal Regulations (or a successor 
     regulation)), in ranking risks and identifying measures to 
     mitigate those risks under that subparagraph, so that 
     operators avoid using a risk rating of zero for low 
     probability events unless otherwise supported by engineering 
     analysis or operational knowledge.
       ``(C) Deadlines.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, each operator of a distribution 
     system shall make available to the Secretary or the relevant 
     State authority with a certification in effect under section 
     60105, as applicable, a copy of--

       ``(I) the distribution integrity management plan of the 
     operator;
       ``(II) the emergency response plan under section 192.615 of 
     title 49, Code of Federal Regulations (or a successor 
     regulation); and
       ``(III) the procedural manual for operations, maintenance, 
     and emergencies under section 192.605 of title 49, Code of 
     Federal Regulations (or a successor regulation).

       ``(ii) Updates.--Each operator of a distribution system 
     shall make available to the Secretary or make available for 
     inspection to the relevant State authority with a 
     certification in effect under section 60105, if applicable, 
     an updated plan or manual described in clause (i) by not 
     later than 60 days after the date of a significant update, as 
     determined by the Secretary.

[[Page S5353]]

       ``(iii) Applicability of foia.--Nothing in this subsection 
     shall be construed to authorize the disclosure of any 
     information that is exempt from disclosure under section 
     552(b) of title 5, United States Code.
       ``(D) Review of plans and documents.--
       ``(i) Timing.--

       ``(I) In general.--Not later than 2 years after the date of 
     promulgation of the regulations under subparagraph (A), and 
     not less frequently than once every 5 years thereafter, the 
     Secretary or relevant State authority with a certification in 
     effect under section 60105 shall review the distribution 
     integrity management plan, the emergency response plan, and 
     the procedural manual for operations, maintenance, and 
     emergencies of each operator of a distribution system and 
     record the results of that review for use in the next review 
     of the program of that operator.
       ``(II) Grace period.--For the third, fourth, and fifth 
     years after the date of promulgation of the regulations under 
     subparagraph (A), the Secretary--

       ``(aa) shall not use subclause (I) as justification to 
     reduce funding, decertify, or penalize in any way under 
     section 60105, 60106, or 60107 a State authority that has in 
     effect a certification under section 60105 or an agreement 
     under section 60106; and
       ``(bb) shall--
       ``(AA) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a list of States found to be 
     noncompliant with subclause (I) during the annual program 
     evaluation; and
       ``(BB) provide a written notice to each State authority 
     described in item (aa) that is not in compliance with the 
     requirements of subclause (I).
       ``(ii) Review.--Each plan or procedural manual made 
     available under subparagraph (C)(i) shall be reexamined--

       ``(I) on significant change to the plans or procedural 
     manual, as applicable;
       ``(II) on significant change to the gas distribution system 
     of the operator, as applicable; and
       ``(III) not less frequently than once every 5 years.

       ``(iii) Context of review.--The Secretary may conduct a 
     review under clause (i) or (ii) as an element of the 
     inspection of the operator carried out by the Secretary.
       ``(iv) Inadequate programs.--If the Secretary determines 
     that the documents reviewed under clause (i) or (ii) do not 
     comply with the requirements of this chapter (including 
     regulations to implement this chapter), have not been 
     adequately implemented, or are inadequate for the safe 
     operation of a pipeline facility, the Secretary may conduct 
     proceedings under this chapter.''.
       (b) Monitoring.--Section 60105(e) of title 49, United 
     States Code, is amended--
       (1) in the second sentence, by striking ``A State 
     authority'' and inserting the following:
       ``(2) Cooperation.--A State authority with a certification 
     in effect under this section'';
       (2) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (3) by adding at the end the following:
       ``(3) Audit program.--Not later than 2 years after the date 
     of enactment of this paragraph, the Secretary shall--
       ``(A) revise the State audit protocols and procedures to 
     update the annual State Program Evaluations carried out under 
     this subsection and section 60106(d) to ensure that a State 
     authority with a certification in effect under this section 
     has the capability to sufficiently review and evaluate the 
     adequacy of the plans and manuals described in section 
     60109(e)(7)(C)(i);
       ``(B) update the State Inspection Calculation Tool to take 
     into account factors including--
       ``(i) the number of miles of natural gas and hazardous 
     liquid pipelines in the State, including the number of miles 
     of cast iron and bare steel pipelines;
       ``(ii) the number of services in the State;
       ``(iii) the age of the gas distribution system in the 
     State; and
       ``(iv) environmental factors that could impact the 
     integrity of the pipeline, including relevant geological 
     issues; and
       ``(C) promulgate regulations to require that a State 
     authority with a certification in effect under this section 
     has a sufficient number of qualified inspectors to ensure 
     safe operations, as determined by the State Inspection 
     Calculation Tool and other factors determined to be 
     appropriate by the Secretary.''.

     SEC. 203. EMERGENCY RESPONSE PLANS.

       Section 60102 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(q) Emergency Response Plans.--Not later than 2 years 
     after the date of enactment of this subsection, the Secretary 
     shall update regulations to ensure that each emergency 
     response plan developed by an operator of a distribution 
     system under section 192.615 of title 49, Code of Federal 
     Regulations (or a successor regulation), includes written 
     procedures for--
       ``(1) establishing communication with first responders and 
     other relevant public officials, as soon as practicable, 
     beginning from the time of confirmed discovery, as determined 
     by the Secretary, by the operator of a gas pipeline emergency 
     involving a release of gas from a distribution system of that 
     operator that results in--
       ``(A) a fire related to an unintended release of gas;
       ``(B) an explosion;
       ``(C) 1 or more fatalities; or
       ``(D) the unscheduled release of gas and shutdown of gas 
     service to a significant number of customers, as determined 
     by the Secretary;
       ``(2) establishing general public communication through an 
     appropriate channel--
       ``(A) as soon as practicable, as determined by the 
     Secretary, after a gas pipeline emergency involving a release 
     of gas that results in--
       ``(i) a fire related to an unintended release of gas;
       ``(ii) an explosion;
       ``(iii) 1 or more fatalities; or
       ``(iv) the unscheduled shutdown of gas service to a 
     significant number of customers, as determined by the 
     Secretary; and
       ``(B) that provides information regarding--
       ``(i) the emergency described in subparagraph (A); and
       ``(ii) the status of public safety; and
       ``(3) the development and implementation of a voluntary, 
     opt-in system that would allow operators of distribution 
     systems to rapidly communicate with customers in the event of 
     an emergency.''.

     SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

       Section 60102 of title 49, United States Code (as amended 
     by section 203), is amended by adding at the end the 
     following:
       ``(r) Operations and Maintenance Manuals.--Not later than 2 
     years after the date of enactment of this subsection, the 
     Secretary shall update regulations to ensure that each 
     procedural manual for operations, maintenance, and 
     emergencies developed by an operator of a distribution 
     pipeline under section 192.605 of title 49, Code of Federal 
     Regulations (or a successor regulation), includes written 
     procedures for--
       ``(1) responding to overpressurization indications, 
     including specific actions and an order of operations for 
     immediately reducing pressure in or shutting down portions of 
     the gas distribution system, if necessary; and
       ``(2) a detailed procedure for the management of the change 
     process, which shall--
       ``(A) be applied to significant technology, equipment, 
     procedural, and organizational changes to the distribution 
     system; and
       ``(B) ensure that relevant qualified personnel, such as an 
     engineer with a professional engineer licensure, subject 
     matter expert, or other employee who possesses the necessary 
     knowledge, experience, and skills regarding natural gas 
     distribution systems, review and certify construction plans 
     for accuracy, completeness, and correctness.''.

     SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and Energy and Commerce of the House of 
     Representatives a report describing--
       (1) the number of operators of natural gas distribution 
     systems who have implemented a pipeline safety management 
     system in accordance with the standard established by the 
     American Petroleum Institute entitled ``Pipeline Safety 
     Management System Requirements'' and numbered American 
     Petroleum Institute Recommended Practice 1173;
       (2) the progress made by operators of natural gas 
     distribution systems who have implemented, or are in the 
     process of implementing, a pipeline safety management system 
     described in paragraph (1); and
       (3) the feasibility of an operator of a natural gas 
     distribution system implementing a pipeline safety management 
     system described in paragraph (1) based on the size of the 
     operator as measured by--
       (A) the number of customers the operator has; and
       (B) the amount of natural gas the operator transports.
       (b) Requirements.--As part of the report required under 
     subsection (a), the Secretary shall provide guidance or 
     recommendations that would further the adoption of safety 
     management systems in accordance with the standard 
     established by the American Petroleum Institute entitled 
     ``Pipeline Safety Management System Requirements'' and 
     numbered American Petroleum Institute Recommended Practice 
     1173.
       (c) Evaluation and Promotion of Safety Management 
     Systems.--The Secretary and the relevant State authority with 
     a certification in effect under section 60105 of title 49, 
     United States Code, as applicable, shall--
       (1) promote and assess pipeline safety management systems 
     frameworks developed by operators of natural gas distribution 
     systems and described in the report under subsection (a), 
     including--
       (A) if necessary, using independent third-party evaluators; 
     and
       (B) through a system that promotes self-disclosure of--
       (i) errors; and
       (ii) deviations from regulatory standards; and
       (2) if a deviation from a regulatory standard is identified 
     during the development and application of a pipeline safety 
     management system, certify that--
       (A) due consideration will be given to factors such as 
     flawed procedures, honest mistakes, or lack of understanding; 
     and
       (B) the operators and regulators use the most appropriate 
     tools to fix the deviation, return to compliance, and prevent 
     the recurrence of the deviation, including--
       (i) root cause analysis; and
       (ii) training, education, or other appropriate improvements 
     to procedures or training programs.

     SEC. 206. PIPELINE SAFETY PRACTICES.

       Section 60102 of title 49, United States Code (as amended 
     by section 204), is amended by adding at the end the 
     following:
       ``(s) Other Pipeline Safety Practices.--
       ``(1) Records.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require an operator of a distribution system--
       ``(A) to identify and manage traceable, reliable, and 
     complete records, including maps and

[[Page S5354]]

     other drawings, critical to ensuring proper pressure controls 
     for a gas distribution system, and updating these records as 
     needed, while collecting and identifying other records 
     necessary for risk analysis on an opportunistic basis; and
       ``(B) to ensure that the records required under 
     subparagraph (A) are--
       ``(i) accessible to all personnel responsible for 
     performing or overseeing relevant construction or engineering 
     work; and
       ``(ii) submitted to, or made available for inspection by, 
     the Secretary or the relevant State authority with a 
     certification in effect under section 60105.
       ``(2) Presence of qualified employees.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to require that not less than 1 agent 
     of an operator of a distribution system who is qualified to 
     perform relevant covered tasks (as defined in section 
     192.801(b) of title 49, Code of Federal Regulations (or a 
     successor regulation)) shall monitor gas pressure at the 
     district regulator station or at an alternative site with 
     equipment capable of ensuring proper pressure controls and 
     have the capability to promptly shut down the flow of gas or 
     control over pressurization at a district regulator station 
     during any construction project that has the potential to 
     cause a hazardous overpressurization at that station, 
     including tie-ins and abandonment of distribution lines and 
     mains, based on an evaluation, conducted by the operator, of 
     threats that could result in unsafe operation.
       ``(B) Exclusion.--In promulgating regulations under 
     subparagraph (A), the Secretary shall ensure that those 
     regulations do not apply to a district regulating station 
     that has a monitoring system and the capability for remote or 
     automatic shutoff.
       ``(3) District regulator stations.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require that each operator of a distribution 
     system assesses and upgrades, as appropriate, each district 
     regulator station of the operator to ensure that--
       ``(i) the risk of the gas pressure in the distribution 
     system exceeding, by a common mode of failure, the maximum 
     allowable operating pressure (as described in section 192.623 
     of title 49, Code of Federal Regulations (or a successor 
     regulation)) allowed under Federal law (including 
     regulations) is minimized;
       ``(ii) the gas pressure of a low-pressure distribution 
     system is monitored, particularly at or near the location of 
     critical pressure-control equipment;
       ``(iii) the regulator station has secondary or backup 
     pressure-relieving or overpressure-protection safety 
     technology, such as a relief valve or automatic shutoff 
     valve, or other pressure-limiting devices appropriate for the 
     configuration and siting of the station and, in the case of a 
     regulator station that employs the primary and monitor 
     regulator design, the operator shall eliminate the common 
     mode of failure or provide backup protection capable of 
     either shutting the flow of gas, relieving gas to the 
     atmosphere to fully protect the distribution system from 
     overpressurization events, or there must be technology in 
     place to eliminate a common mode of failure; and
       ``(iv) if the Secretary determines that it is not 
     operationally possible for an operator to implement the 
     requirements under clause (iii), the Secretary shall require 
     such operator to identify actions in their plan that minimize 
     the risk of an overpressurization event.''.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be withdrawn and that the 
Wicker substitute amendment at the desk be agreed to; that the bill, as 
amended, be considered read a third time and passed, and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 2642), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 2299), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________